119-sjres5

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 5 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
S. J. RES. 5

Directing the removal of United States Armed Forces from hostilities in 
 Ukraine that have not been authorized by Congress.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 23, 2025

 Mr. Paul introduced the following joint resolution; which was read 
 twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

 JOINT RESOLUTION

Directing the removal of United States Armed Forces from hostilities in 
 Ukraine that have not been authorized by Congress.

Whereas Congress has the sole power to declare war under the War Powers Clause 
 of 

section 8 of article I of the Constitution of the United States;
Whereas, since February 2022, Congress has appropriated nearly $183,000,000,000 
 in support of Ukraine;
Whereas the United States actively provides Ukraine with real-time intelligence 
 and targeting information and has done so throughout the duration of the 
 Russo-Ukraine war;
Whereas, on November 17, 2024, President Joseph R. Biden authorized Ukraine to 
 use United States-provided Army Tactical Missile System

    (ATACMS) to 
 strike targets inside Russia;
Whereas United States forces contribute intelligence and targeting information, 
 which is provided via United States military satellites, global 
 positioning systems, and other intelligence sources, for Ukraine to 
 effectively use precision-guided munitions, including ATACMs, to strike 
 targets inside Ukraine and Russia;
Whereas, on November 19, 2024, Ukraine used ATACMS missiles to strike a weapons 
 depot in Russia's Bryansk region;
Whereas, on November 23, 2024, Ukraine used ATACMS missiles to strike a S-400 
 air defense system in Russia's Kursk region;
Whereas, on November 25, 2024, Ukraine used ATACMS missiles to strike the Kursk-
 Vostochny Airbase in Russia's Kursk region;
Whereas, on October 2, 2024, Ukraine's General Staff stated they used ATACMS 
 missiles to strike a Russian Nebo-M radar system in an undisclosed 
 location;
Whereas, on December 11, 2024, Ukraine used ATACMS missiles to strike a military 
 airfield in Russia's Rostov region;
Whereas, on December 18, 2024, Ukraine used ATACMS missiles to strike one of 
 Russia's largest chemical plants located in the Rostov region;
Whereas, on January 2, 2025, Russian officials claimed to have intercepted 8 
 ATACMS missiles fired by Ukraine toward Russia's Belgorod region;
Whereas Russian President Vladimir Putin stated that the United States decision 
 to authorize Ukraine to strike Russia with United States-provided ATACMS 
 would be ``tantamount to NATO directly entering the war. This will mean 
 that NATO countries, the United States, and European countries, are 
 fighting Russia.'';
Whereas, on November 19, 2024, President Putin signed a decree updating Russia's 
 nuclear doctrine to consider a conventional-weapons attack by a non-
 nuclear state that is supported by a nuclear-armed state as a joint 
 attack on Russia, which could meet the conditions for a nuclear 
 response;
Whereas, on December 16, 2024, President-elect Donald J. Trump described 
 President Biden's decision to allow Ukraine to use United States-
 provided ATACMS to strike Russia as ``a very stupid thing to do'' and a 
 ``big mistake'';
Whereas, on November 1, 2022, Pentagon Spokesman Major General Pat Ryder 
 confirmed that United States military personnel were deployed in 
 Ukraine, stating, ``These are personnel that are assigned to conduct 
 security cooperation and assistance as part of the Defense Attache 
 Office.'';
Whereas documents from the Department of Defense, as well as current and former 
 United States Government officials, indicate that, as of March 2023, a 
 team of 14 United States special forces operators were deployed to 
 Ukraine;
Whereas a former United States Government official told ABC News, ``In addition 
 to providing assistance with the oversight of U.S. equipment and 
 supplies being sent to Ukraine, the team has assisted Ukrainian military 
 planners with operations that have resulted in hundreds, if not 
 thousands, of Russian military casualties.'';
Whereas, in November 2024, President Biden authorized United States military 
 contractors to deploy to Ukraine to provide technical expertise for 
 advanced weapon systems, reversing a long-standing policy preventing 
 such deployments;
Whereas 

section 8
            (c) of the War Powers Resolution (50 U.S.C. 1547
            (c) ) defines 
 the term ``introduction of United States Armed Forces'' to include ``the 
 assignment of members of such Armed Forces to command, coordinate, 
 participate in the movement of, or accompany the regular or irregular 
 military forces of any foreign country or government when such military 
 forces are engaged, or there exists an imminent threat that such forces 
 will become engaged, in hostilities,'' and activities that the United 
 States Armed Forces have conducted in Ukraine fall within such 
 definition, as is evidenced by United States support and coordination of 
 Ukrainian precision strikes on Russian targets and United States special 
 forces security cooperation;
Whereas the United States Armed Forces have been introduced into active or 
 imminent hostilities within the meaning of 

section 4

    (a) of the War 
 Powers Resolution (50 U.S.C. 1543

    (a) ), and activities that the United 
 States Armed Forces have conducted in Ukraine fall within such 
 definition, as evidenced by United States support and coordination of 
 Ukrainian precision strikes on Russian targets and United States special 
 forces security cooperation;
Whereas 

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''; and
Whereas 

section 1013 of the Department of State Authorization Act, Fiscal Years 
 1984 and 1985 (50 U.S.C. 1546a) provides that ``[a]ny joint resolution 
 or bill [to require] the removal of United States Armed Forces engaged 
 in hostilities . . . without a declaration of war or specific statutory 
 authorization shall be considered in accordance with the procedures of 
 

section 601

    (b) of the International Security Assistance and Arms Export 
 Control Act of 1976'': Now, therefore, be it
 Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. REMOVAL OF UNITED STATES ARMED FORCES FROM HOSTILITIES IN 
 UKRAINE THAT HAVE NOT BEEN AUTHORIZED BY CONGRESS.

 Pursuant to 

section 1013 of the Department of State Authorization 
Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) and in accordance 
with the provisions of 

section 601

    (b) of the International Security 
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 
Stat. 765), Congress hereby directs the President to remove United 
States Armed Forces from hostilities in or affecting Ukraine by not 
later than the date that is 30 days after the date of the adoption of 
this joint resolution (unless the President requests and Congress 
authorizes a later date), and unless and until a declaration of war or 
specific authorization for such use of United States Armed Forces has 
been enacted.

SEC. 2. RULE OF CONSTRUCTION REGARDING AUTHORIZATIONS FOR USE OF 
 MILITARY FORCE.

 Consistent with 

section 8

    (a)

    (1) of the War Powers Resolution (50 
U.S.C. 1547

    (a)

    (1) ), nothing in this joint resolution may be construed 
as authorizing the use of military force.
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