[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 748 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. RES. 748
Expressing that the United States should not enter into any bilateral
or multilateral agreement to provide security guarantees or long-term
security assistance to Ukraine.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2024
Mr. Lee (for himself and Mr. Paul) submitted the following resolution;
which was referred to the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Expressing that the United States should not enter into any bilateral
or multilateral agreement to provide security guarantees or long-term
security assistance to Ukraine.
Whereas the United States has provided more than $175,000,000,000 in assistance
to Ukraine since February 2022;
Whereas Ukraine is not a member of the North Atlantic Treaty Organization nor
party to a mutual defense treaty with the United States that has been
ratified by the Senate;
Whereas the Joint Strategic Oversight Plan for Ukraine Response admitted in
January 2023 that commingling United States funds in international
organization accounts reduces oversight and transparency;
Whereas the publicly available Integrated Country Strategy for Ukraine
acknowledged in August 2023 that corruption has been a historic and
endemic concern in Ukraine;
Whereas the Department of Defense admitted in January 2024 that the Department
of Defense was not able to complete required monitoring for 59 percent
of defense articles designated for enhanced end-use monitoring, nearly
$1,700,000,000 of United States-origin equipment;
Whereas Ukrainian President Volodymr Zelensky's presidential term expired on May
20, 2024, Ukraine has not held elections, and President Zelensky remains
in office;
Whereas Ukraine has used United States provided weapons to strike targets within
Russian territory since June 2024 without congressional authorization;
Whereas the United States Embassy in Kiev acknowledged in June 2024 that Ukraine
is restricting freedom of movement and may prevent United States-
Ukrainian citizens from leaving Ukraine;
Whereas the Biden administration has not provided Congress with a defined
strategy or goals for United States engagement in Ukraine for more than
2 years;
Whereas the founders of the United States purposefully designed the power to
make peace to be shared between the executive and legislative branches;
Whereas the Biden administration announced the signing of the Bilateral Security
Agreement Between the United States of America and Ukraine, done at
Puglia June 13, 2024 (referred to in this preamble as the ``Bilateral
Agreement'');
Whereas Article XI of the Bilateral Agreement expresses that any additional
implementing agreements or arrangements will remain in effect even if
the Bilateral Agreement is terminated, thereby bypassing Congress and
tying the hands of future Presidential administrations;
Whereas the preamble of the Bilateral Agreement underscores a broad and ``shared
commitment to a Europe that is whole, free, and at peace'';
Whereas the preamble of the Bilateral Agreement is dismissive of United States
strategic interests and patently inconsistent with the regional
prioritization contained in the National Defense Strategy of the United
States;
Whereas the preamble of the Bilateral Agreement emphasizes the ``importance of
holding Russia to account for its aggression . . . consistent with
international law'';
Whereas Article II of the Bilateral Agreement states that ``[i]t is the policy
of the Parties . . . to deter and confront any future aggression against
the territorial integrity of either Party'';
Whereas Article II of the Bilateral Agreement leaves open the possibility of
United States military engagement in Ukraine;
Whereas the President must seek authorization from Congress for the use of
military force for the defense of Ukraine;
Whereas Article II of the Bilateral Agreement seeks to commit the United States
to ``building a Ukrainian future force that maintains a credible defense
and deterrence capability'', including through provision of defense
articles and services;
Whereas the indefinite commitment of United States defense articles to Ukraine
is inconsistent with defense industrial base capacity and jeopardizes
United States military readiness;
Whereas Article II of the Bilateral Agreement expresses that the Biden
administration intends to seek additional appropriations from Congress
for Ukraine;
Whereas Article V of the Bilateral Agreement commits the United States to
Ukraine until ``its sovereignty and territorial integrity are fully
restored'';
Whereas the Bilateral Agreement concerningly asserts that Ukraine's future is in
the North Atlantic Treaty Organization;
Whereas the Bilateral Agreement states the United States commits to ``deepening
partnerships between national guard and border security services'' in
Ukraine;
Whereas the Biden administration is neglecting to secure the southern border of
the United States and is engaged in securing the borders of a foreign
nation;
Whereas the Bilateral Agreement reduces access by members of the Armed Forces to
professional military education and training by increasing Ukrainian
attendance at Department of Defense institutions of professional
military instruction;
Whereas Department of Defense institutions of professional military instruction
should prioritize attendance and training for members of the Armed
Forces of the United States;
Whereas the Bilateral Agreement states that the United States intends to
``explore all possible avenues by which immobilized Russian sovereign
assets could be made use of to support Ukraine'';
Whereas any use of Russian sovereign assets as a form of support to Ukraine is
escalatory, unprecedented in peacetime, empowers Chinese and Russian
alternatives to the Western global financial system, and places United
States sovereign assets at risk of Russian retaliation;
Whereas Article VII of the Bilateral Agreement maintains that disputes regarding
application of the Bilateral Agreement shall not be referred to ``any
national or international court, tribunal, or similar body, or any third
party for settlement,'' thereby bypassing Congress;
Whereas Article IX of the Bilateral Agreement states that it may be ``extended
by mutual written agreement of the parties,'' thereby bypassing
Congress;
Whereas the Biden administration reportedly maintains that the Bilateral
Agreement is an ``executive agreement'', an extraneous and
unconstitutional designation carrying no legal weight absent an Act of
Congress; and
Whereas the Bilateral Agreement circumvents the requirements of the Treaty
Clause of section 2 of article II of the Constitution of the United
States: Now, therefore, be it
Resolved, That the Senate--
(1) expresses that--
(A) the United States should not enter into any
bilateral or multilateral agreement to provide security
guarantees or long-term security assistance to Ukraine;
and
(B) the Bilateral Security Agreement Between the
United States of America and Ukraine, done at Puglia
June 13, 2024 (referred to in this resolution as the
``Bilateral Agreement''), will have no force of law
until it is submitted to the Senate for ratification as
a treaty consistent with the requirements of the Treaty
Clause of section 2 of article II of the Constitution
of the United States, which requires the advice and
consent of the Senate with two-thirds of Senators
concurring; and
(2) does not recognize the Bilateral Agreement as a bridge
to Ukraine's membership in the North Atlantic Treaty
Organization.
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