SJRES 124
A 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.
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Bill overview
This joint resolution urges the President to remove U.S. Armed Forces from any ongoing hostilities or actions within or against Cuba. It emphasizes that Congress holds the sole authority to declare war and that military actions in Cuba require a specific declaration of war or statutory authorization. The resolution is based on the War Powers Resolution and relevant legal statutes. It aims to ensure the President acts within the bounds of Congressional authority regarding military involvement in Cuba.
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119th CONGRESS — 2d Session
S. J. RES. 124
IN THE SENATE OF THE UNITED STATES
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.
Congress makes the following findings:
Congress has the sole power to declare war under article I, section 8, clause 11 of the United States Constitution.
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.
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.
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)).
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).
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.
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.