H.J.Res. 126 — A joint resolution to direct the removal of United States Armed Forces from hostilities 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 Congress has not enacted a declaration of war or specific statutory authorization for the use of military force against any organization designated on or after February 20, 2025, as a foreign terrorist organization under 8 U.S.C. 1189(a) or as a specially designated global terrorist under Executive Order 13224, any state in which those entities operate, or any non-state organization engaged in illegal drug trafficking; and that such designations alone provide no legal authority for the President to use force against designated organizations or foreign states. This section further finds that there has been no armed attack on the United States by those organizations, states, or drug-trafficking organizations; that the United States military strikes on vessels on September 2, 2025, and September 15, 2025, constitute hostilities or a situation where imminent involvement in hostilities is clearly indicated by the circumstances under section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)); and that Congress has not received sufficient information about the vessels’ passengers, cargo, destinations, threats to U.S. interests, justification for lethal force, availability of nonlethal interdiction, or the domestic or international legal basis for the strikes. This section also notes that section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides expedited procedures for joint resolutions or bills directing the removal of U.S. Armed Forces engaged in hostilities without a declaration of war or specific statutory authorization, and states Congress’s intent to provide additional resources and authorities to combat drug and narcotics trafficking, including intelligence, law enforcement, personnel, detection technology, and diplomatic and military tools. It further records that on September 4, 2025, the President notified Congress of the September 2, 2025, strike and stated that the full scope and duration of military operations could not yet be determined.

This section directs the President to terminate the use of United States Armed Forces for hostilities against any organization designated on or after February 20, 2025, as a foreign terrorist organization or specially designated global terrorist, any state in which such an entity operates, or any non-state organization engaged in the promotion, trafficking, and distribution of illegal drugs and related activities, unless Congress has expressly authorized the action by a declaration of war or specific authorization for use of military force. As background, 50 U.S.C. § 1546a establishes expedited congressional procedures for measures requiring the removal of U.S. forces from hostilities outside the United States, its possessions, and territories. This section also provides that nothing in the provision may be construed to prevent the United States from defending itself against an armed attack or an imminent armed attack, or from using the Armed Forces in support of civil authorities as part of authorized counternarcotics operations; it further specifies that trafficking in illegal drugs alone does not constitute an armed attack or threat of imminent armed attack.