IIA
119THCONGRESS
1
STSESSION 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
JANUARY23, 2025
Mr. P
AULintroduced 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
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Tactical Missile System (ATACMS) to strike targets in-
side Russia;
Whereas United States forces contribute intelligence and tar-
geting information, which is provided via United States
military satellites, global positioning systems, and other
intelligence sources, for Ukraine to effectively use preci-
sion-guided munitions, including ATACMs, to strike tar-
gets 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 Rus-
sia’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 re-
gion;
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;
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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 coopera-
tion and assistance as part of the Defense Attache Of-
fice.’’;
Whereas documents from the Department of Defense, as well
as current and former United States Government offi-
cials, 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
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Ukraine, the team has assisted Ukrainian military plan-
ners 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 sys-
tems, 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 gov-
ernment 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 secu-
rity cooperation;
Whereas the United States Armed Forces have been intro-
duced into active or imminent hostilities within the mean-
ing 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 co-
ordination of Ukrainian precision strikes on Russian tar-
gets and United States special forces security coopera-
tion;
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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 ter-
ritories without a declaration of war or specific statutory
authorization, such forces shall be removed by the Presi-
dent if the Congress so directs’’; and
Whereas section 1013 of the Department of State Authoriza-
tion 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 Representatives1
of the United States of America in Congress assembled, 2
SECTION 1. REMOVAL OF UNITED STATES ARMED FORCES 3
FROM HOSTILITIES IN UKRAINE THAT HAVE 4
NOT BEEN AUTHORIZED BY CONGRESS. 5
Pursuant to section 1013 of the Department of State 6
Authorization Act, Fiscal Years 1984 and 1985 (50 7
U.S.C. 1546a) and in accordance with the provisions of 8
section 601(b) of the International Security Assistance 9
and Arms Export Control Act of 1976 (Public Law 94– 10
329; 90 Stat. 765), Congress hereby directs the President 11
to remove United States Armed Forces from hostilities in 12
or affecting Ukraine by not later than the date that is 13
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30 days after the date of the adoption of this joint resolu-1
tion (unless the President requests and Congress author-2
izes a later date), and unless and until a declaration of 3
war or specific authorization for such use of United States 4
Armed Forces has been enacted. 5
SEC. 2. RULE OF CONSTRUCTION REGARDING AUTHORIZA-6
TIONS FOR USE OF MILITARY FORCE. 7
Consistent with section 8(a)(1) of the War Powers 8
Resolution (50 U.S.C. 1547(a)(1)), nothing in this joint 9
resolution may be construed as authorizing the use of mili-10
tary force. 11
Æ
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