U.S.-Ukraine Bilateral Security Agreement

On June 13, 2024, President Biden and Ukrainian President Volodymyr Zelensky signed a 10-year bilateral security agreement during the G7 summit. (Ukraine has signed bilateral security agreements with 15 countries and, as of June, is negotiating with 16 others.) The agreement is an executive agreement and does not require congressional approval. Congress may review and shape the agreement's implementation through oversight and the use of appropriations and authorization legislation. The agreement identifies areas of joint defense, economic, and political cooperation. It prioritizes U.S. "long-term" support for improving Ukraine's ability to defend its territorial integrity and "Ukraine's implementation of reforms" to further its "Euro-Atlantic integration."

This action follows Congress passing the Ukraine Security Supplemental Appropriations Act, 2024 (Division B of P.L. 118-50), which committed more than $60 billion to support Ukraine and other countries affected by Russia's invasion of Ukraine. The agreement outlines long-term U.S. policy and strategy goals toward Ukraine, and the Biden Administration stated it will "work closely with the U.S. Congress to build on the national security supplemental and develop sustainable levels of assistance to Ukraine over the long term."

Agreement Details

According to President Biden, "[the United States'] goal is to strengthen Ukraine's credible defense and deterrence capabilities for the long term. A lasting peace for Ukraine must be underwritten by Ukraine's own ability to defend itself now and to deter future aggression anytime ... in the future." The agreement builds upon existing security partnerships between the United States and Ukraine, including the Strategic Defense Framework, signed August 31, 2021, and the U.S.-Ukraine Charter on Strategic Partnership, signed November 10, 2021.

The agreement has 11 articles laying out areas of focus and cooperation between the United States and Ukraine, with Articles II-IV detailing practical steps to improve Ukraine's "credible defense and deterrence capability" and further "Ukraine's interoperability with NATO."

Article II: Defense and Security Cooperation includes specific discussions about improving Ukraine's defense capabilities. It also states that the United States and Ukraine both "recognize the need for Ukraine's security and defense forces to be sustainable over time, and expect Ukraine to gradually assume responsibility for an increasing share of its defense needs." The annex to agreement highlights several areas of focus to achieve the stated goals, including

• Ukraine's Future Force Capabilities;
• Training and Exercises;
• Defense Industrial Base Development Cooperation;
• End Use Monitoring/Accountability;
• Unexploded Ordnance Removal and Demining; and
• Other Areas of Security and Defense Cooperation (including intelligence sharing).

Article II also states that in the event of "future armed attack or threat of armed attack against Ukraine," both parties shall meet immediately at the "most senior levels to determine appropriate next steps and additional defense needs." The agreement does not obligate any specific responses or policies. It states that consultations and coordination should take place regarding potential steps.

Article III: Cooperation on Economic Recovery and Reform details several areas of cooperation to support Ukraine's war-damaged economy, energy sector, and reform agenda (including good governance, anti-corruption, respect for human rights, and rule of law). The annex to Article III identifies three areas of focus:

• Accountability (for Russian actions in Ukraine);
• Immobilization of Russian Sovereign Assets; and
• Sanctions Actions.

Article IV: Institutional Reforms to Advance Euro-Atlantic Integration calls on both parties to cooperate on reform measures to further Ukraine's integration with the European Union and NATO. These measures include enacting domestic law enforcement and governance reforms, improving transparency, and aligning Ukrainian Armed Forces with NATO standards.

Issues for Congress

Since the agreement is not ratified by the Senate, it does not have the status of a treaty. Parties can leave the agreement six months after providing written notification. Additionally, Article II of the agreement states that the U.S. executive branch "intends to seek from the United States Congress appropriation of funds to help sustain a Ukrainian credible defense and deterrent capability, in war and peace." Congress may consider whether to appropriate further security assistance for Ukraine and to conduct oversight of the implementation of the agreement.

The 118^th Congress has enacted additional oversight requirements on U.S. assistance to Ukraine. P.L. 118-31 (Title XII, §1250B) directed the Department of Defense Inspector General, as the Special Inspector General of Operation Atlantic Resolve (SIG-OAR), to conduct oversight of "programs and operations funded with amounts appropriated by the United States for Ukraine." If Congress appropriates additional funds for the implementation of security assistance under the 10-year agreement, SIG-OAR could be responsible for providing quarterly reports and briefings to congressional committees. The U.S.-Ukraine agreement includes provisions committing Ukraine to increased "end use monitoring/accountability" and efforts to counter potential illicit arms proliferation.

Some Members of Congress have expressed concern that the United States does not have a "Ukraine victory strategy." In the 118^th Congress, P.L. 118-47 (7046(d)(1) of Division F) and P.L. 118-50 (Title V, §504) require the Administration to submit a strategy to Congress identifying U.S. national security interests in regard to the Russia-Ukraine war and how U.S. support for Ukraine advances the strategy's objectives. The U.S.-Ukraine agreement also calls for a "periodic, high-level review of the cooperation" by the parties. Congress could consider legislation to amend or clarify reporting requirements to include assessments of the agreement's implementation and the outcome of such periodic reviews identified by the agreement.