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.
- Sponsor
- Sen. Kaine, Tim [D-VA]
- Committees
- Foreign Relations Committee (primary)
- Last action
- Apr 28, 2026
Bottom line
This resolution seeks to reassert congressional authority over military engagements by requiring specific legislative authorization for any U.S. military action in or against Cuba.
What it actually does
This joint resolution directs the President to remove United States Armed Forces from any hostilities within or against the Republic of Cuba, including actions like blockades or quarantines, unless such actions are explicitly authorized by a declaration of war or a specific statutory authorization for the use of military force by Congress. It reaffirms Congress's constitutional power to declare war and includes exceptions for self-defense and lawful counternarcotics operations.
Proponents argue
Proponents argue this bill upholds the constitutional separation of powers, ensuring that decisions regarding military force, especially against a sovereign nation like Cuba, rest with Congress as intended by the framers. They emphasize preventing unauthorized military entanglements, potential escalations, and reaffirming the legislative branch's critical role in matters of war and peace.
Opponents contend
Opponents might argue that such a resolution could unduly restrict the President's ability to respond swiftly and decisively to national security threats or protect U.S. interests and personnel abroad. They may contend that it could signal weakness to adversaries, create operational constraints in dynamic situations, and potentially undermine the executive's role as Commander-in-Chief.
The bill is very short and clearly written, making it highly accessible for a quick read and understanding of its core intent and implications.
Section 1
Congressional Findings on War Powers and Cuba
This section outlines Congress's constitutional authority to declare war, acknowledges the President's responsibility for defense, and notes the absence of a declaration of war or specific authorization for military force against Cuba. It asserts that U.S. military actions, including blockades or quarantines, against Cuba constitute 'hostilities' under the War Powers Resolution, thereby requiring congressional authorization. It also cites the legal basis for expedited consideration of such resolutions.
Supporters argue
Supporters argue these findings correctly interpret constitutional war powers and the War Powers Resolution, providing a necessary and robust legal foundation for the resolution's directive to prevent unauthorized military engagements.
Critics contend
Critics might contend that some findings, particularly the broad interpretation of 'hostilities' to include blockades, could be overly expansive and limit executive flexibility in foreign policy and national security operations.
Tradeoffs
This provision navigates the inherent tension between congressional authority to declare war and the President's constitutional role as Commander-in-Chief, seeking to define the boundaries of each.
Section 2(a)
Directive for Removal of U.S. Armed Forces from Hostilities in Cuba
This subsection explicitly directs the President to withdraw U.S. Armed Forces from any hostilities within or against Cuba. This removal is mandated unless Congress has issued a formal declaration of war or a specific authorization for the use of military force. The provision invokes specific sections of existing law (Department of State Authorization Act, Fiscal Years 1984 and 1985, and the International Security Assistance and Arms Export Control Act of 1976) to ensure expedited procedures for its consideration.
Section 2(b)
Self-Defense and Counternarcotics Operations Exception
This clause clarifies that the resolution's directive does not prevent the United States from defending itself against an armed attack or the threat of an imminent armed attack. Furthermore, it explicitly states that the resolution does not impede the lawful execution of counternarcotics operations. This ensures that essential defensive and law enforcement functions are not inadvertently curtailed by the broader mandate for congressional authorization.