H.Con.Res. 51

107 HCON 51 IH: To direct the removal of United States Armed Forces from hostilities that have not been authorized by Congress.
 U.S. House of Representatives
 2025-09-23
 text/xml
 EN
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 IV  119th CONGRESS  1st Session  H. CON. RES. 51  IN THE HOUSE OF REPRESENTATIVES   September 23, 2025   Ms. Omar  (for herself,  Mr. Casar , and  Mr. García of Illinois ) submitted the following concurrent resolution; which was referred to the  Committee on Foreign Affairs    CONCURRENT RESOLUTION
To direct the removal of United States Armed Forces from hostilities that have not been authorized by Congress.
1.
Findings
Congress makes the following findings:
(1)
Congress has the sole power to declare war under article I, section 8, clause 11 of the United States Constitution.
(2)
Section 2(c) of the War Powers Resolution ( 50 U.S.C. 1541(c) ) states that  the constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. .
(3)
Congress has not declared war upon, nor enacted a specific statutory authorization for use of military force against, the Bolivarian Republic of Venezuela, nor any transnational criminal organizations designated as Foreign Terrorist Organizations or Specially Designated Global Terrorists since February 20, 2025.
(4)
The designation of a group, entity, or individual as a Foreign Terrorist Organization or Specially Designated Global Terrorist provides no legal authority for the President to direct the use of military force against members of designated organizations or any foreign state.
(5)
Neither the 2001 Authorization for Use of Military Force ( Public Law 107–40 ;  50 U.S.C. 1541  note) against the perpetrators of the 9/11 attack nor the Authorization for Use of Military Force Against Iraq Resolution of 2002 ( Public Law 107–243 ;  50 U.S.C. 1541  note) provides any statutory authority for the President to direct the use of military force against Venezuela or any transnational criminal organizations designated as Foreign Terrorist Organizations or Specially Designated Global Terrorists since February 20, 2025.
(6)
Regarding Venezuelan jets flying near U.S. warships dispatched to the South Caribbean Sea, President Trump on September 5, 2025, stated that such planes were  going to be in trouble,  and if a flyover reoccurs, he told a U.S. general,  You have a choice of doing anything you want,  including, should such planes  put us in a dangerous situation, they will be shot down,  indicating the introduction of U.S. forces into imminent hostilities.
(7)
No armed attack on the United States by Venezuela or any transnational criminal organizations designated as Foreign Terrorist Organizations or Special Designated Global Terrorist since February 20th, 2025 has occurred, the trafficking of illegal drugs does not itself constitute such an armed attack or threat of an imminent armed attack.
(8)
The strike on the vessel in the Southern Caribbean on September 2, 2025, the subsequent strikes in September 2025, and the positioning of U.S. warships and aircraft in the Caribbean and President Trump’s statements on the use of force without prior statutory authorization, fall within the meaning of section 4(a)(1) of the War Powers Resolution ( 50 U.S.C. 1543(a)(1) ), constituting either hostilities or a situation where imminent involvement in hostilities is clearly indicated by the circumstances into which United States Armed Forces have been introduced.
(9)
Section 5(c) of the War Powers Resolution ( 50 U.S.C. 1544(c) ) states that  at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs. .
(10)
In its report to Congress on the strike dated September 4, 2025, pursuant to section 4(a) of the War Powers Resolution ( 50 U.S.C. 1543(a) ), President Trump stated,  It is not possible at this time to know the full scope and duration of military operations that will be necessary. United States forces remain postured to carry out further military operations. .
(11)
The question of whether United States forces should be engaged in hostilities against Venezuela or any transnational criminal organizations designated as Foreign Terrorist Organizations or Specially Designated Global Terrorists since February 20, 2025, should be answered following a full briefing to Congress and the American public of the issues at stake, a public debate in Congress, and a congressional vote as contemplated by the Constitution.
2.
Termination of the use of United States forces for hostilities
(a)
Termination
Pursuant to section 5(c) of the War Powers Resolution ( 50 U.S.C. 1544(c) ), Congress hereby directs the President to terminate the use of United States Armed Forces for hostilities against the following:
(1)
The Bolivarian Republic of Venezuela or any part of its government or military.
(2)
Any transnational criminal organizations designated as Foreign Terrorist Organizations or Specially Designated Global Terrorists since February 20, 2025.
 Unless explicitly authorized by a declaration of war or specific authorization for use of military force after the date of the adoption of this concurrent resolution.
(b)
Rule of construction
Nothing in this section shall be construed to prevent the United States from repelling sudden attacks or engaging in self-defense consistent with the legal requirements outlined in section 2(c) of the War Powers Resolution ( 50 U.S.C. 1541(c) ). The trafficking of illegal drugs does not itself constitute such an armed attack or threat of an imminent armed attack under section 2(c)(3) of the War Powers Resolution ( 50 U.S.C. 1541(c)(3) ).