S.J.Res. 124

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 124 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. J. RES. 124

To direct the removal of United States Armed Forces from hostilities 
within or against the Republic of Cuba that have not been authorized by 
Congress.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 12, 2026

Mr. Kaine (for himself, Mr. Schiff, and Mr. Gallego) introduced the 
following joint resolution; which was read twice and referred to the 
Committee on Foreign Relations

_______________________________________________________________________

JOINT RESOLUTION

To direct the removal of United States Armed Forces from hostilities 
within or against the Republic of Cuba that have not been authorized by 
Congress.

Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress makes the following findings:
(1) Congress has the sole power to declare war under 
article I, section 8, clause 11 of the United States 
Constitution.
(2) The President has a constitutional responsibility to 
take actions to defend the United States, its territories, its 
possessions, citizens, service members, and diplomats from 
attack.
(3) Congress has not declared war upon Cuba or upon any 
person or organization within Cuba, nor enacted a specific 
statutory authorization for the use of military force within or 
against Cuba.
(4) The use of force by the United States Armed Forces 
within or against Cuba, including the use of the United States 
Coast Guard and other components of the Armed Forces to conduct 
a blockade or quarantine of Cuba, constitutes the introduction 
of United States Armed Forces into hostilities within the 
meaning of section 4(a) of the War Powers Resolution (50 U.S.C. 
1543(a)).
(5) Section 1013 of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides that 
any joint resolution or bill requiring the removal of United 
States Armed Forces from imminent engagement in hostilities 
without a declaration of war or specific statutory 
authorization shall be considered in accordance with the 
expedited procedures under section 601(b) of the International 
Security and Arms Export Control Act of 1976 (Public Law 94-
329).

SEC. 2. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES WITHIN 
OR AGAINST CUBA.

(a) Removal.--Pursuant to section 1013 of the Department of State 
Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a), and in 
accordance with section 601(b) of the International Security Assistance 
and Arms Export Control Act of 1976 (Public Law 94-329), Congress 
hereby directs the President to remove the United States Armed Forces 
from hostilities within or against Cuba, unless explicitly authorized 
by a declaration of war or a specific authorization for use of military 
force.
(b) Rule of Construction.--Nothing in this section may be construed 
to prevent the United States from defending itself from an armed 
attack, the threat of an imminent armed attack, or the lawful execution 
of counternarcotics operations.
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