```

[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.
                                 <all>
```