PolicyBrief
H.CON.RES. 40
119th CongressJun 23rd 2025
Directing the President, pursuant to section 5(c) of the War Powers Resolution, to remove United States Armed Forces from hostilities with Iran.
IN COMMITTEE

This resolution directs the President to remove U.S. Armed Forces from hostilities with Iran, unless necessary for imminent self-defense.

Gregory Meeks
D

Gregory Meeks

Representative

NY-5

LEGISLATION

Congress Directs President to Withdraw Troops from Iran Hostilities, Citing War Powers Resolution

This Concurrent Resolution is Congress using its institutional muscle to tell the President to pull U.S. Armed Forces out of any ongoing "hostilities" with the Islamic Republic of Iran. Think of it as Congress tapping the brakes on military action, specifically invoking Section 5(c) of the War Powers Resolution. This resolution is essentially a hard stop on unauthorized military engagement, aiming to bring troops home from any fighting the Executive Branch hasn't formally justified or Congress hasn't authorized.

The Check on War Powers: Who’s Calling the Shots?

For anyone paying attention to foreign policy, this is a big deal because it’s Congress asserting its constitutional authority over war-making. The resolution is a direct order to withdraw forces, which means any military personnel currently involved in fighting Iran—or even just supporting those fights—would need to be removed. This is Congress trying to rebalance the power dynamic, reminding the Executive Branch that only Congress has the power to declare war. For regular folks, this potentially means a reduction in the risk of a broader conflict and fewer troops deployed in a volatile region, which translates to fewer potential casualties and less taxpayer money spent on military engagement.

The 'But' Clause: The Imminent Attack Loophole

Now, here’s where the policy gets tricky, and where that street-smart skepticism comes in handy. The resolution includes a massive exception: the President doesn't have to remove troops if they are absolutely required to defend the U.S. or its allies against an imminent attack. This is the classic loophole. The definition of "imminent" is notoriously vague and has been used by administrations past to justify military actions without explicit Congressional approval. If you’re a policy analyst, this is the provision you watch closely. The President could argue that almost any continued presence is necessary to defend against an attack they deem "imminent," potentially undermining the entire withdrawal order.

What Happens If Troops Stay?

If the President uses that "imminent attack" exception to keep forces in place, the resolution requires them to adhere strictly to the reporting requirements under Section 5(b) of the War Powers Resolution. This is basically the paperwork requirement: the President must continue to inform Congress about the scope, justification, and estimated duration of the deployment. The catch? Even with this reporting, the resolution explicitly states that keeping troops for defense is only temporary unless Congress formally declares war or passes a specific authorization for the use of military force against Iran. This attempts to put the Executive Branch on a short leash, forcing them to justify the continued presence to the legislative branch.

Real-World Friction Ahead

This resolution sets the stage for significant institutional friction. While it aims to reduce military exposure and assert Congressional oversight—a benefit to the public interested in democratic accountability—its effectiveness hinges entirely on the Executive Branch’s interpretation of two subjective terms: "hostilities" and "imminent attack." If the President interprets "hostilities" narrowly, they might claim current actions don't qualify, or they could interpret "imminent attack" broadly, justifying continued deployment. For U.S. allies in the region who rely on a strong American military presence for deterrence, this resolution introduces uncertainty. They might worry that a narrow interpretation of the defense exception could leave them exposed. Ultimately, this resolution is less about immediate withdrawal and more about a high-stakes legislative challenge to the Executive Branch’s control over foreign military policy.