H.J.Res. 153 — 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.

This section makes findings that Congress has the sole power to declare war under article I, section 8, clause 11 of the Constitution; that the President has a constitutional responsibility to defend the United States, its territories, possessions, citizens, service members, and diplomats from attack; that Congress has not declared war on Cuba or enacted a specific statutory authorization for the use of military force within or against Cuba; and that any use of force by the United States Armed Forces within or against Cuba, including a blockade or quarantine conducted by the United States Coast Guard or other Armed Forces components, constitutes the introduction of United States Armed Forces into hostilities under section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)). This section also notes that section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) requires any joint resolution or bill directing the removal of United States Armed Forces from imminent hostilities without a declaration of war or specific statutory authorization to be considered under expedited procedures in section 601(b) of the International Security and Arms Export Control Act of 1976 (P.L. 94-329).

This section directs the President to remove United States Armed Forces from hostilities within or against Cuba unless Congress has enacted a declaration of war or a specific authorization for use of military force. It incorporates the expedited congressional procedures under section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 and the War Powers-related procedures in 50 U.S.C. § 1546a, while preserving the President’s ability to defend the United States against an armed attack or an imminent armed attack and to conduct lawful counternarcotics operations.