HR 5859 by Adam L. Silverman

In the comments to both my post and Walrus's original post on HR 758, Brigadier Ali raised an interesting and important point about another bill that recently passed: House Resolution 5859. Brigadier Ali and several other commenters expressed concern that this bill, which has passed both chambers and is awaiting the President's signature, would require the Administration to provide various forms of defense support to Ukraine. The concern is that this could lead to a further deterioration of relations with Russia. The link to the Congressional information on HR 5859 is here. I've attached the pdf of the bill at the bottom of this post. The first several sections define terms and basically legislative authorize what the Administration has already been doing with sanctions, visa denials, prohibitions on investments, etc. 

The pertinent section to Brigadier Ali's concerns is section 6. Section 6, subsection a explicitly states: "The President is authorized (my emphasis) to provide defense articles, defense services, and training to the Government of Ukraine  for the purpose of countering offensive weapons and reestablishing the sovereignty and territorial integrity of Ukraine, including anti-tank and anti-armor weapons, crew weapons and ammunition, counter-artillery radars to identify and target artillery batteries, fire control, range finder, and optical and guidance and control equipment, tactical troop-operated surveillance drones, and secure command and communications equipment, pursuant to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and other relevant provisions of law."​

The remainder of this section includes a lot of "shalls" and "shoulds". While HR 5859 is not a "sense of the House" bill like 758 is, my reading of its impact on US action vis a vis Ukraine similar to that of 758. It does not require the President to do anything, but it does give him permission to both continue doing what he's been doing and to take additional actions if so desired. All of that said, perhaps it might be good to remember that sanctions are themselves often considered an act of war... That, sobering thought, is, however, a discussion for another day.

Download BILLS-113hr5859eh

 

Comments

[toto]

All,

It may be that the worst of this mess is behind us (knocking wood):

http://www.washingtonpost.com/world/europe/as-ukraine-truce-holds-russia-vows-economic-pain/2014/12/15/cf450be2-8483-11e4-abcf-5a3d7b3b20b8_story.html?tid=pm_world_pop

[Aka]

dear Dr.Silverman,
does this also includes any economic aid because Ukraine is going to get bankrupt soon.

http://www.bloomberg.com/news/2014-12-10/ukraine-bonds-slump-as-imf-said-to-see-15-billion-financing-gap.html

Because of this reason I assume that most of the equipment and services will be funded by the US tax payers (US will give a loan to Ukraine and both will forget about it).

[William R. Cumming]

The EU not NATO should be the decider of the fate of the Ukraine.

[confusedponderer]

The saga of H.R.5859 is geting more surreal by the minute:

Just read Dennis Kusinich pointing out that H.R.5859 was voted on by just three members of the house, who were the only ones present at the time, and voted unanimously for the bill. They debated the issue for about a recorded second.

The main miscreant involved was Rep Jim Gerlach (R) of Pennsylvania, sponsor of the bill. Cosponsor was Rep Marcy Kaptur (D) of Oklahoma.

Apparently, there is there no rule like that at least half the members must be present (that would be the rule in my country) to have a quorum, allowing for such mischief to happen.

http://www.truthdig.com/report/item/three_congressmen_just_reignited_the_cold_war_while_no_one_was_looking_2014

[Dubhaltach]

In reply to William R. Cumming 16 December 2014 at 02:42 AM

"The EU not NATO should be the decider of the fate of the Ukraine."

The EU notwithstanding Victoria Neuland and her "fuck the EU" comment has been acting as America's cat's paw in all of this and has been actively involved in making matters worse.

Then there's NATO who as an institution have been actively warmongering.

The driving force in all of this has been the USA with enthusiastic help from the British, the Baltic republics, and the Poles in particular.

Who should decide the fate of the Ukraine is the Ukrainians with massive influence accorded to the Russians who have legitimate strategic interests there. Unlike the EU, NATO, and the USA which do not.

Dubhaltach

[confusedponderer]

"The EU notwithstanding Victoria Neuland and her "fuck the EU" comment has been acting as America's cat's paw in all of this and has been actively involved in making matters worse."

The influence is even more pronounced. The current Ukrainian finance minister formerly worked at the State Department and is a naturalised Ukrainian.

http://www.nakedcapitalism.com/2014/12/meet-greet-natalie-jaresko-us-government-employee-ukraine-finance-minister.html

Well, I guess you really gotta have to keep an eye on your investment in a place like Ukraine.

[LeaNder]

Hmm. Sounds spectacular. Never heard about German Economic News / Deutsche Wirtschafts-Nachrichten:

Host deutsche-wirtschafts-nachrichten.de
Location US US, United States
City San Francisco, CA 94107
Organization CloudFlare
ISP CloudFlare
AS Number AS13335 CloudFlare, Inc.
Latitude 37°76'97" North
Longitude 122°39'33" West
Distance 10420.56 km (6475.04 miles)

********

concerning the complex legal framework for business founders and the matters they have to reflect before founding, if I expand from Germany into the larger European market, I get a similar scenario. A scenario I admittedly only encountered in the more murky regions (spell criminal bankrupcy) so far.

But the LLC issue is interesting, strictly the limited liablity of the German GmbH at a minimum even in an non-criminal bankruptcy scenario doesn't protect a trustful contractors. Ultimately they have no way to know, how many others before them weren't paid their bills.

[LeaNder]

Thanks, Adam, your contributions are highly appreciated.

"All of that said, perhaps it might be good to remember that sanctions are themselves often considered an act of war..."

I am one of them, the Ruble, if you spell it like that, seems to be close to free fall.

[Matthew]

It looks like it's about to get real. See http://www.zerohedge.com/news/2014-12-16/obama-sign-lethal-us-aid-ukraine-end-week-russian-response-follow

[Babak Makkinejad]

Adam L. Silverman

There is a saying in Persian: "If your head is not aching, why are you wrapping it?"

My question to you is:

What, in your judgment, is the point of such declarations and resolutions?

Is it to announce to any and all that US is populated by a large number of jingoistic fools, raring to go out in a blaze of glory against a nuclear-armed state?

What is the point?

I do not recall ever hearing such things coming out of the Commons, for example.

[William R. Cumming]

Thanks D! The last 200 years do indicate Ukrainians seem to have problems with self-governance. One thing they did do was give up nuclear weapons.

[JerseyJeffersonian]

Yes, the direction here is extremely ominous. The just-passed S.2828 (summary here - https://www.congress.gov/bill/113th-congress/senate-bill/2828) sponsored by one of my very own Senator-golems, the hideous mental and moral dwarf, Robert Menendez, is very bad news.

In these days of the "Unitary Executive", when the President who, utilizing his executive branch minions, can scarcely be constrained from formulating and enacting imperial diktats as it is, the fathomless stupidity of of Congress in giving - Obama now, and God only knows who later - a blank check to rush headlong into ever more aggressive and ill-considered actions is the height of irresponsibility. But that's our Congress for you, a craven and brainless body of "exceptional" jingoists.

And now, in recognition of the ratcheting up of sanctions and other hostile acts, Russian Foreign Minister, Lavrov, has voiced the possibility that Russia will station nuclear weaponry in Crimea; it's part of Russia now, so what's to stop it?

And so it goes.

[different clue]

confusedponderer

Slight correction . . . Marcy Kaptur is from the Greater Toledo area in Ohio. But yes, her presence on a resolution like this is majorly disappointing, given that she is normally one of the better Democrats.

She was bitterly against NAFTA, for example, and rejects Free Trade Treason agreements in general.

[Amir]

If you allow my correction: "If your head is not itching for a blow, why are you wrapping it?"

[LeaNder]

interesing correction, but strictly I would just be just as pleased if much Babak gave us an explanation of the proverbs use and/or meaning.

Besides, can you explain to me, why I prefer the idea of a complaint, I understand it is, correct me if I am wrong, not to be prefaced by: "In the Name of God." This cultural prejudgment, if you like, is not meant to denigrate the factual components by the way.

https://en.wikipedia.org/wiki/Iran_Air_Flight_655

[anna-marina]

This is a truly obscene development: the Holocaust industry - AIPAC and Anti-Defamation League - have sided with Ukrainian neo-Nazis.
The Israel-firsters and the whole neocon cabal have no shame.
“How the Israel Lobby Protected Ukrainian Neo-Nazis” by Max Blumenthal, AlterNet, 11/18/14
http://www.ukrainewar.info/video-israel-lobby-protects-neo-nazis-ukraine/

[Jane]

There is a somewhat severe problem: The Russians and the majority of Ukrainians appear to have a considerable difference of opinion as to what the Ukrainians should do.

[Jane]

Hmmm.... did you ask Putin a similar question? I'd say Putin is much more of a glory hound that Obama.

I'm interested in the question of why the US is assumed to be restrained from acting because both 'contestants' are nuclear armed while no such constraint is urged upon Putin?