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
- May 20, 2026
Bottom line
S.J. Res. 193 seeks to reassert congressional authority over military engagements by requiring presidential withdrawal of forces from unauthorized hostilities in Cuba.
What it actually does
This joint resolution directs the President to remove United States Armed Forces from any hostilities within or against Cuba that have not been 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 authority to declare war and applies the War Powers Resolution to any such engagement, including blockades or quarantines.
Proponents argue
Proponents argue that this resolution upholds the constitutional separation of powers, ensuring that decisions regarding military engagement are made by Congress, as explicitly granted in Article I, Section 8, Clause 11. They contend it prevents unauthorized military actions and reinforces democratic accountability in foreign policy, particularly in situations that could escalate into broader conflicts.
Opponents contend
Opponents might argue that such a resolution could unduly restrict the President's ability to respond swiftly and effectively to evolving national security threats or to protect U.S. interests and personnel abroad. They may contend that it could signal weakness to adversaries or complicate necessary executive actions, particularly in dynamic geopolitical environments where immediate responses are crucial.
The bill is very short and clear, allowing for a quick and comprehensive understanding of its core directive.
Section 1
Congressional Findings on War Powers and Cuba
This section lays out the legal and constitutional basis for the resolution. It states that only Congress can declare war, acknowledges the President's role in defense, notes that no war has been declared against Cuba, and asserts that any U.S. military action or blockade against Cuba constitutes 'hostilities' under the War Powers Resolution. It also cites the expedited procedures for such resolutions.
Supporters argue
Supporters argue these findings are essential to establish the legal predicate for the resolution, grounding it firmly in constitutional principles and historical precedent regarding congressional war powers.
Critics contend
Opponents might argue that these findings are overly prescriptive or misinterpret the scope of presidential authority in modern foreign policy and defense, potentially hindering necessary executive flexibility.
Tradeoffs
Balances the need for executive agility in foreign policy with the constitutional mandate for congressional authorization of military force.
Section 2(a)
Directive for Removal of U.S. Armed Forces from Cuba Hostilities
This is the core operative clause, directly ordering the President to withdraw U.S. Armed Forces from any hostilities within or against Cuba, unless Congress has specifically authorized such action through a declaration of war or an Authorization for Use of Military Force (AUMF). It explicitly invokes the expedited procedures of the Department of State Authorization Act, Fiscal Years 1984 and 1985.
Section 2(b)
Exceptions for Self-Defense and Counternarcotics Operations
This clause clarifies that the resolution does not prevent the United States from taking necessary actions for self-defense against an armed attack or the threat of an imminent armed attack. It also explicitly exempts lawful counternarcotics operations from the directive, ensuring that ongoing or future efforts to combat drug trafficking are not inadvertently curtailed.