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.

Bill Number: S.J.Res. 124
Origin Chamber: Senate
Congress: 119th Congress, Session 2
Policy Area: International Affairs
Status: Introduced
Latest Action: 2026-04-28: The motion to discharge fell when the point of order was well taken.
Last Updated: 2026-07-06T21:12:46Z

AI-Generated Summary

Purpose

This joint resolution aims to assert Congress's constitutional authority over military engagements by directing the President to withdraw U.S. Armed Forces from any unauthorized hostilities (armed conflicts) within or against Cuba. It emphasizes that only Congress can declare war or specifically authorize such actions, preventing unilateral executive military involvement.

Key Provisions

Findings Section: Outlines foundational facts, including:
Congress's exclusive power to declare war under Article I, Section 8 of the U.S. Constitution.
The President's duty to defend the U.S., its territories, citizens, service members, and diplomats.
No congressional declaration of war or specific authorization for military force against Cuba exists.
Any U.S. military actions, such as blockades or quarantines (restrictions on movement, like naval blockades), count as introducing forces into hostilities under the War Powers Resolution (a 1973 law requiring congressional notification and limits on undeclared wars).
References expedited legislative procedures for resolutions like this one, as outlined in prior laws (e.g., the 1984 Department of State Authorization Act and the 1976 International Security Assistance Act).
Removal Directive: Congress orders the President to remove U.S. Armed Forces—including the Coast Guard—from hostilities in or against Cuba, unless authorized by a formal war declaration or a specific congressional approval for military force.
Exceptions (Rule of Construction): The resolution does not block U.S. self-defense against armed attacks or imminent threats, nor does it hinder lawful anti-drug trafficking operations.

Significant Changes to Existing Law

This resolution does not amend laws directly but enforces and invokes existing frameworks like the War Powers Resolution and expedited procedures from 1976 and 1984 acts. It introduces a specific mandate for Cuba-related actions, potentially setting a precedent for congressional intervention in undeclared conflicts by requiring immediate withdrawal without new legislation.
It clarifies that blockades or quarantines by U.S. forces qualify as "hostilities," narrowing executive flexibility in regional operations compared to broader interpretations in past administrations.

Potential Impacts

Government Agencies: The President and Department of Defense (including the Coast Guard) would face restrictions on military operations near Cuba, requiring congressional approval for any escalation. This could limit rapid-response capabilities in the Caribbean.
Citizens: U.S. citizens, diplomats, and service members in the region might see reduced risk of entanglement in unauthorized conflicts, but it could complicate emergency defenses if threats arise.
International Relations: Strains U.S.-Cuba relations by prohibiting unauthorized military pressure, potentially easing tensions or embargoes but limiting U.S. leverage against Cuban actions. It may signal to allies and adversaries a stronger congressional check on executive foreign policy.

Main Stakeholders Affected

Congress: Gains reinforced oversight of military decisions, using expedited processes to act quickly on war powers issues.
Executive Branch (President and Military): Faces direct limits on deploying forces without approval, affecting operational planning.
U.S. Military and Coast Guard Personnel: Directly impacted by withdrawal orders, potentially altering deployments in the Western Hemisphere.
Cuban Government and Citizens: Could benefit from reduced U.S. military presence, influencing bilateral dynamics like migration or trade.
U.S. Taxpayers and Policymakers: Involved indirectly through funding and policy debates on national security.

Notable Legal, Constitutional, or Political Implications

Constitutional: Reinforces the separation of powers by upholding Congress's war-declaring role versus the President's defensive authority, potentially testing executive compliance in court if challenged (e.g., under the War Powers framework).
Legal: Leverages expedited procedures for faster congressional action on similar resolutions, bypassing standard debate delays; violations could lead to legal disputes over force authorization.
Political: Highlights bipartisan efforts (introduced by Senators Kaine, Schiff, and Gallego) to curb executive overreach in foreign policy, possibly sparking debates on U.S. interventionism in Latin America. It avoids broader war powers reform but could inspire similar measures for other regions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Kaine, Tim [D-VA]

Cosponsors (13)

Sen. Schiff, Adam B. [D-CA], Sen. Gallego, Ruben [D-AZ], Sen. Schumer, Charles E. [D-NY], Sen. Van Hollen, Chris [D-MD], Sen. Duckworth, Tammy [D-IL], Sen. Merkley, Jeff [D-OR], Sen. Alsobrooks, Angela D. [D-MD], Sen. Hickenlooper, John W. [D-CO], Sen. Sanders, Bernard [I-VT], Sen. Klobuchar, Amy [D-MN], Sen. Welch, Peter [D-VT], Sen. Wyden, Ron [D-OR], Sen. Padilla, Alex [D-CA]

Recent Actions

2026-04-28: The motion to discharge fell when the point of order was well taken.
2026-04-28: Point of order that the measure is not entitled to expedited procedures under 50 U.S.C. 1546a raised against the measure agreed to in Senate by Yea-Nay Vote. 51 - 47. Record Vote Number: 108. (Roll call 108)
2026-04-28: Motion to discharge Senate Committee on Foreign Relations made. (Pursuant to 50 U.S.C. 1546a, Department of State Authorization Act). (consideration: CR S2070-2071)
2026-03-12: Read twice and referred to the Committee on Foreign Relations.
2026-03-12: Introduced in Senate

Bill Versions

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. — issued 2026-03-12 — PDF (3 pages)