[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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