[Congressional Record Volume 170, Number 104 (Thursday, June 20, 2024)]
[Senate]
[Page S4186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SENATE RESOLUTION 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

  Mr. LEE (for himself and Mr. Paul) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                              S. Res. 748

       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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