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