HR 5507 IHCommentsClose CommentsPermalink

To require the safe, complete, and fully-funded redeployment of United States Armed Forces and contractor security forces from Iraq and to prohibit the establishment of any enduring or permanent United States military bases in Iraq, and for other purposes.CommentsClose CommentsPermalink

February 27, 2008

Ms. WOOLSEY (for herself, Ms. LEE, Ms. WATERS, Ms. CLARKE, Mr. CUMMINGS, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To require the safe, complete, and fully-funded redeployment of United States Armed Forces and contractor security forces from Iraq and to prohibit the establishment of any enduring or permanent United States military bases in Iraq, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Fully-Funded United States Military Redeployment and Sovereignty of Iraq Restoration Act of 2008'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ

Sec. 101. Findings.CommentsClose CommentsPermalink





Sec. 102. Statement of policy.CommentsClose CommentsPermalink





Sec. 103. Repeal of Public Law 107-243.CommentsClose CommentsPermalink





Sec. 104. Disengagement of United States Armed Forces and contractor security forces from Iraq.CommentsClose CommentsPermalink





Sec. 105. Prohibition on permanent United States military installations in Iraq.CommentsClose CommentsPermalink





Sec. 106. Deployment of international stabilization force to Iraq.CommentsClose CommentsPermalink





Sec. 107. Closure of detention centers operated by United States in Iraq.CommentsClose CommentsPermalink





Sec. 108. Liability of United States for certain acts against prisoners and detainees in Iraq.CommentsClose CommentsPermalink





Sec. 109. Limitation on total number of United States Government personnel at United States Embassy in Baghdad, Iraq.CommentsClose CommentsPermalink





Sec. 110. Prohibition on production sharing agreements for Iraqi petroleum resources.CommentsClose CommentsPermalink





Sec. 111. Iraqi-American Interparliamentary Group.CommentsClose CommentsPermalink





Sec. 112. Assistance to support international efforts for political reconciliation in Iraq.CommentsClose CommentsPermalink

TITLE II--COMPREHENSIVE POST-CONFLICT SUPPORT IN IRAQ

Sec. 201. Statement of policy.CommentsClose CommentsPermalink





Sec. 202. Plan to initiate a diplomatic surge to bring an expeditious end to the occupation of Iraq.CommentsClose CommentsPermalink





Sec. 203. Deployment of the Armed Forces to achieve an over-the-horizon military presence for the purpose of targeting global terrorism.CommentsClose CommentsPermalink





Sec. 204. Commission on Funding the Reconstruction of Iraq.CommentsClose CommentsPermalink

TITLE I--REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ

SEC. 101. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) The brave men and women of the United States Armed Forces continue to serve with distinction in Iraq and have earned the respect and gratitude of the American people.CommentsClose CommentsPermalink





(2) On May 1, 2003, under a banner displaying the words `Mission Accomplished,' President George W. Bush stated: `Major combat operations in Iraq have ended.'. At that point, the occupation of Iraq began.CommentsClose CommentsPermalink





(3) The civilian leadership at the Department of Defense has failed to adequately support United States Armed Forces in Iraq, which were not trained to carry out an occupation and did not receive the proper equipment to achieve their stated mission.CommentsClose CommentsPermalink





(4) The occupation of Iraq has made the United States economically and militarily weaker, has made the United States less safe because it has enhanced the recruitment of terrorists, and has diminished America's prestige and influence in the world.CommentsClose CommentsPermalink





(5) Iraq is embroiled in a civil war characterized by daily occurrences of retaliation and revenge, fueled by the occupation of Iraq by United States Armed Forces. The civil war in Iraq was predicted by United States military commanders before the 2003 occupation of Iraq.CommentsClose CommentsPermalink





(6) The United States has pursued military action rather than diplomatic alternatives in Iraq, and has reduced reconstruction efforts in Iraq.CommentsClose CommentsPermalink





(7) On May 13, 2003, the President stated, `We will stay as long as necessary to make sure that the Iraqi people have a government of, by and for the Iraqi people. And then we'll come home.'.CommentsClose CommentsPermalink





(8) On December 15, 2005, the Iraqi people participated in elections to directly elect a full-term government. Iraqi Prime Minister Nouri al-Maliki and other high-ranking Iraqi Government officials, as well as leaders from the Sunni, Shiite, and Kurdish communities in Iraq, have since called for a timetable for the withdrawal of United States Armed Forces from Iraq.CommentsClose CommentsPermalink





(9) Iraqi Prime Minister Nouri al-Maliki has stated that Iraqi political leaders must bring security and stability to Iraq.CommentsClose CommentsPermalink





(10) During the summer of 2006, General George Casey, the top United States military commander in Iraq, proposed a plan for the deployment from Iraq of a substantial portion of United States Armed Forces and briefed the President accordingly.CommentsClose CommentsPermalink





(11) United States military commanders in Iraq, including General David Petraeus, have repeatedly stated that there is no military solution to the turmoil in Iraq.CommentsClose CommentsPermalink





(12) In the United States elections held on November 7, 2006, the American people clearly voted for a change in United States policy in Iraq and in favor of United States military disengagement from Iraq.CommentsClose CommentsPermalink





(13) In December 2006, the bipartisan Iraq Study Group recommended against the United States making an open-ended commitment to keep large numbers of United States troops deployed in Iraq.CommentsClose CommentsPermalink





(14) Furthermore, the Iraq Study Group recommended that the primary mission of United States forces in Iraq should evolve to one supporting the Iraqi army, which should take over responsibility for combat operations.CommentsClose CommentsPermalink





(15) In particular, the Iraq Study Group concluded that by the end of the first quarter of 2008, all United States combat brigades not necessary for force protection could be withdrawn from Iraq, subject to unexpected developments in the situation on the ground, and urged a fundamental change in mission wherein remaining United States combat forces should be deployed only in units embedded with Iraqi forces, in rapid-reaction and special operations teams, and in training, equipping, advising, force protection, and search and rescue.CommentsClose CommentsPermalink





(16) In disregard of these bipartisan recommendations, the President on January 10, 2007, ordered a surge of 30,000 additional United States troops be deployed to Iraq for the expressed purpose of providing Iraqi leaders inside and outside of the central government until September 2007 to negotiate, reconcile, and achieve much-needed fundamental reforms deemed essential to attaining greater stability, curbing sectarian violence, and re-building civil society and respect for the rule of law in Iraq.CommentsClose CommentsPermalink





(17) No substantial progress has been made toward achievement of the aforementioned reforms within the Iraqi body politic.CommentsClose CommentsPermalink





(18) Consequently, an even greater majority of the American people are opposed to prolonging an open-ended deployment of United States Armed Forces in Iraq and concur with the recommendation of the bipartisan Iraq Study Group that the President should publicly renounce any United States desire for permanent military bases in Iraq.CommentsClose CommentsPermalink

SEC. 102. STATEMENT OF POLICY.

Congress declares that it is the policy of the United States--CommentsClose CommentsPermalink





(1) to commence the safe and orderly redeployment of United States troops and military contractors and end the military occupation of Iraq on the basis of the findings specified in section 101;CommentsClose CommentsPermalink





(2) to pursue security and stability in Iraq through diplomacy;CommentsClose CommentsPermalink





(3) to help preserve the territorial integrity of Iraq as a nation state and establish a strong, effective, and democratic central government consistent with the provisions of the Constitution of Iraq;CommentsClose CommentsPermalink





(4) to take all appropriate measures to account for any missing members of the United States Armed Forces or United States citizens in Iraq; andCommentsClose CommentsPermalink





(5) to turn over all internal security activities and military operations in Iraq to the elected Government of Iraq not later than the end of the one-year period beginning on the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 103. REPEAL OF PUBLIC LAW 107-243.

The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is hereby repealed.CommentsClose CommentsPermalink

SEC. 104. DISENGAGEMENT OF UNITED STATES ARMED FORCES AND CONTRACTOR SECURITY FORCES FROM IRAQ.

(a) Withdrawal of Armed Forces-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), not later than the end of the one-year period beginning on the date of enactment of this Act, all United States Armed Forces serving in Iraq as part of Operation Iraqi Freedom shall be withdrawn from Iraq and returned to the United States or redeployed outside of the Middle East.CommentsClose CommentsPermalink





(2) LIMITED PRESENCE- After the end of the one-year period beginning on the date of enactment of this Act, the Secretary of Defense may deploy or maintain not more than 500 members of the United States Armed Forces in Iraq to protect the United States Embassy in Baghdad and to safeguard Americans remaining in Iraq for nonmilitary purposes.CommentsClose CommentsPermalink





(b) Withdrawal of Contractor Security Forces-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than the end of the one-year period beginning on the date of enactment of this Act, all security forces under contract or subcontract with the United States Government and working in Iraq shall be withdrawn from Iraq.CommentsClose CommentsPermalink





(2) TERMINATION OF CONTRACTS- The contract or subcontract providing for the use of such security forces shall be terminated as soon as practicable after the forces are withdrawn.CommentsClose CommentsPermalink





(c) Prohibition on Use of Funds To Continue Deployment of Armed Forces and Contractor Security Forces in Iraq-CommentsClose CommentsPermalink





(1) PROHIBITION- Except as provided in paragraph (2), funds appropriated or otherwise made available under any provision of law may not be obligated or expended to deploy or continue to deploy members or units of the United States Armed Forces or contractor security forces to Iraq as part of Operation Iraqi Freedom.CommentsClose CommentsPermalink





(2) EXCEPTIONS- Paragraph (1) does not apply to the use of funds--CommentsClose CommentsPermalink





(A) to provide for the safe and orderly withdrawal of the Armed Forces and contractor security forces from Iraq pursuant to subsections (a) and (b); orCommentsClose CommentsPermalink





(B) to ensure the security of Iraq and its transition to democratic rule by carrying out consultations with the Government of Iraq, other foreign governments, the North Atlantic Treaty Organization, the United Nations, and other international organizations.CommentsClose CommentsPermalink





(d) Rule of Construction- Nothing in this section shall be construed to prohibit or otherwise restrict the use of funds available to any department or agency of the United States, other than the Department of Defense, to carry out social and economic reconstruction activities in Iraq.CommentsClose CommentsPermalink





(e) Armed Forces Defined- In this section, the term `Armed Forces' has the meaning given the term in section 101(a)(4) of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 105. PROHIBITION ON PERMANENT UNITED STATES MILITARY INSTALLATIONS IN IRAQ.

(a) Prohibition- No permanent or long-term military installation, which is designed or intended to be occupied by a unit of the United States Armed Forces after the withdrawal of the Armed Forces from Iraq pursuant to section 104(a), may be constructed in Iraq unless explicitly approved by Congress in the form of a treaty or statute.CommentsClose CommentsPermalink





(b) Transfer of Military Facilities- The President of the United States shall transfer to the Government of Iraq all right, title, and interest held by the United States in any military facility in Iraq that was constructed, repaired, or improved using amounts appropriated to the Department of Defense and occupied by a unit of the United States Armed Forces.CommentsClose CommentsPermalink

SEC. 106. DEPLOYMENT OF INTERNATIONAL STABILIZATION FORCE TO IRAQ.

(a) Deployment- If requested jointly by the executive and legislative branches of the Government of Iraq (including with the support of the National Assembly of Iraq), the President of the United States is authorized to support the deployment of an international stabilization force to Iraq to enhance public security in Iraq after the withdrawal of United States Armed Forces from Iraq pursuant to section 104(a).CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that the deployment of the international stabilization force to Iraq described in subsection (a) should commence not later than the end of the one-year period beginning on the date of enactment of this Act, and terminate not later than the end of the two-year period beginning on the date of commencement of such deployment.CommentsClose CommentsPermalink

SEC. 107. CLOSURE OF DETENTION CENTERS OPERATED BY UNITED STATES IN IRAQ.

(a) Closure Required- No later than the end of the one-year period beginning on the date of enactment of this Act, all detention centers operated by the United States Armed Forces in Iraq or operated under contract with the United States Government in Iraq shall be closed.CommentsClose CommentsPermalink





(b) Treatment of Remaining Prisoners and Detainees-CommentsClose CommentsPermalink





(1) INDICTED IRAQIS WHO SERVED IN SADDAM HUSSEIN REGIME- An Iraqi prisoner or detainee in a detention center closed under subsection (a) who served in the regime of Saddam Hussein and has been indicted by the Government of Iraq as of the date of the closure of the center shall be transferred from United States custody to the control of Iraqi authorities.CommentsClose CommentsPermalink





(2) OTHER IRAQIS WHO SERVED IN SADDAM HUSSEIN REGIME- An Iraqi prisoner or detainee in a detention center closed under subsection (a) who served in the regime of Saddam Hussein and is suspected of crimes, but who has not been indicted as of the date of the closure of the center, shall be transferred from United States custody to the control of Iraqi authorities. All records held by the United States related to the prisoner or detainee shall be transferred to the Iraqi Ministry of Justice and related courts.CommentsClose CommentsPermalink





(3) RELEASE OF CERTAIN IRAQIS- An Iraqi prisoner or detainee in a detention center closed under subsection (a) who is suspected or accused solely of participation in the insurgency, but no specific crime, shall be released.CommentsClose CommentsPermalink





(4) NON-IRAQIS WHO PARTICIPATED IN THE IRAQI INSURGENCY- A non-Iraqi prisoner or detainee in a detention center closed under subsection (a) who is suspected or accused of participation in the insurgency shall be transferred to the control of the International Committee of the Red Crescent in collaboration with the International Committee of the Red Cross.CommentsClose CommentsPermalink





(5) AL-QAEDA MEMBERS- Notwithstanding any of the preceding paragraphs, a prisoner or detainee in a detention center closed under subsection (a) who is suspected or accused of being a member of, or associated with, the terrorist group al-Qaeda shall be brought to the United States for indictment and trial, as determined in a United States court of law.CommentsClose CommentsPermalink

SEC. 108. LIABILITY OF UNITED STATES FOR CERTAIN ACTS AGAINST PRISONERS AND DETAINEES IN IRAQ.

(a) Liability-CommentsClose CommentsPermalink





(1) TORTURE- Any citizen or national of Iraq or of any other foreign country who was imprisoned or detained in Iraq by a covered person during the period beginning on March 19, 2003, and ending at the conclusion of the one-year period beginning on the date of enactment of this Act, may bring an action against the United States in an appropriate court of the United States for money damages for personal injury or death caused by an act of torture committed by a covered person, during such imprisonment or detention, in violation of the obligations of the United States under international law or in violation of any law of the United States (if the imprisonment or detention had occurred in the United States).CommentsClose CommentsPermalink





(2) ILLEGAL IMPRISONMENT OR DETENTION- Any citizen or national of Iraq or of any other foreign country who was imprisoned or detained in Iraq by a covered person in violation of the obligations of the United States under international law or in violation of any law of the United States (if the imprisonment or detention had occurred in the United States) during the period beginning on March 19, 2003, and ending at the conclusion of the one-year period beginning on the date of enactment of this Act, may bring an action against the United States in an appropriate court of the United States for money damages for personal injury or death incurred by reason of such imprisonment or detention.CommentsClose CommentsPermalink





(b) Jurisdiction- The United States district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of any civil action against the United States under subsection (a).CommentsClose CommentsPermalink





(c) Statute of Limitations- An action under this section is barred unless it is commenced within 5 years after the cause of action arose.CommentsClose CommentsPermalink





(d) Nature of Remedy- The remedy provided under this section is in addition to any other remedy provided by law.CommentsClose CommentsPermalink





(e) Definitions- In this section:CommentsClose CommentsPermalink





(1) COVERED PERSON- The term `covered person' means--CommentsClose CommentsPermalink





(A) any member of the United States Armed Forces;CommentsClose CommentsPermalink





(B) any other officer or employee of the United States Government; orCommentsClose CommentsPermalink





(C) any employee of security forces under contract or subcontract with the United States Government.CommentsClose CommentsPermalink





(2) TORTURE- The term `torture' has the meaning given that term in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note).CommentsClose CommentsPermalink

SEC. 109. LIMITATION ON TOTAL NUMBER OF UNITED STATES GOVERNMENT PERSONNEL AT UNITED STATES EMBASSY IN BAGHDAD, IRAQ.

(a) Limitation- Notwithstanding any other provision of law, the total number of officers and employees of the United States Government assigned to the United States Embassy in Baghdad, Iraq, may not exceed 500 individuals, not including the members of the United States Armed Forces described in section 104(a)(2).CommentsClose CommentsPermalink





(b) Effective Date- Subsection (a) shall take effect beginning on the first day after the conclusion of the one-year period beginning on the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 110. PROHIBITION ON PRODUCTION SHARING AGREEMENTS FOR IRAQI PETROLEUM RESOURCES.

(a) Prohibition- On or after the date of the enactment of this Act, no department, agency, or other entity of the Government of the United States and no national of the United States may enter into a contract of longer than thirty days for the development, production, or marketing of petroleum resources in Iraq.CommentsClose CommentsPermalink





(b) Sunset- Subsection (a) shall cease to be effective beginning on the date on which the President of the United States certifies to Congress that the Government of Iraq has established and is enforcing laws that provide for the regulation of activities of foreign governments and foreign nationals pursuant to contracts for the development, production, or marketing of petroleum resources in Iraq.CommentsClose CommentsPermalink





(c) Definition- In this section, the term `national of the United States' means--CommentsClose CommentsPermalink





(1) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States or is an alien lawfully admitted for permanent residence in the United States, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); orCommentsClose CommentsPermalink





(2) a corporation, partnership, or other business association that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia.CommentsClose CommentsPermalink

SEC. 111. IRAQI-AMERICAN INTERPARLIAMENTARY GROUP.

(a) Establishment and Meetings- There is established an Iraqi-American Interparliamentary Group (in this section referred to as the `Group').CommentsClose CommentsPermalink





(b) Membership- The Group shall be composed of not more than 24 Members of Congress, who shall be appointed to meet annually, including at times when Congress is not in session, with representatives of the National Assembly of the Republic of Iraq for discussion of common problems in the interest of relations between Iraq and the United States. The Members of Congress so appointed shall be referred to as the `United States group' of the Iraqi-American Interparliamentary Group.CommentsClose CommentsPermalink





(c) Appointment of Members- Of the Members of Congress appointed to the Group--CommentsClose CommentsPermalink





(1) half shall be appointed by the Speaker of the House of Representatives from among Members of the House (not fewer than four of whom shall be Members of the Committee on Foreign Affairs); andCommentsClose CommentsPermalink





(2) half shall be appointed by the President Pro Tempore of the Senate, upon recommendations of the majority and minority leaders of the Senate, from among Members of the Senate (not fewer than four of whom shall be members of the Committee on Foreign Relations) unless the majority and minority leaders of the Senate determine otherwise.CommentsClose CommentsPermalink





(d) Chair and Vice Chair-CommentsClose CommentsPermalink





(1) HOUSE OF REPRESENTATIVES- The Speaker of the House of Representatives shall designate the Chair or Vice Chair of the House of Representatives delegation of the United States group. The Chair or Vice Chair shall be a Member of the Committee on Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink





(2) SENATE- The President Pro Tempore of the Senate shall designate the Chair or Vice Chair of the Senate delegation of the United States group. The Chair or Vice Chair shall be a Member of the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink





(e) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- There is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group.CommentsClose CommentsPermalink





(2) DISTRIBUTION- Half of the amount appropriated in accordance with paragraph (1) shall be for the House of Representatives delegation and half of such amount shall be for the Senate delegation.CommentsClose CommentsPermalink





(3) DISBURSEMENT- The House and Senate portions of such amount shall be disbursed on vouchers to be approved by the Chair of the House delegation and the Chair of the Senate delegation, respectively.CommentsClose CommentsPermalink





(f) Certification of Expenditures- The certificate of the Chair of the House of Representatives delegation or the Senate delegation of the United States group shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States group.CommentsClose CommentsPermalink





(g) Annual Report- Not later than 45 days after the conclusion of a fiscal year with respect to which an appropriation was made for the United States group, the United States group shall submit to Congress a report containing information relating to its expenditures under such appropriation.CommentsClose CommentsPermalink

SEC. 112. ASSISTANCE TO SUPPORT INTERNATIONAL EFFORTS FOR POLITICAL RECONCILIATION IN IRAQ.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The bipartisan Iraq Study Group report found that `national reconciliation is essential to reduce further violence and maintain the unity of Iraq'.CommentsClose CommentsPermalink





(2) The bipartisan Iraq Study Group report recommended that diplomats work to `energize countries to support national political reconciliation in Iraq'.CommentsClose CommentsPermalink





(3) The January 2007 National Security Council report, entitled the Iraq Strategy Review, set an objective to `foster the conditions for Iraqi national reconciliation, but with the Iraqi government clearly in the lead'.CommentsClose CommentsPermalink





(4) United States Ambassador Ryan Crocker, in testimony to Congress on September 10, 2007, noted that the United States `will continue our efforts to assist Iraqis in the pursuit of national reconciliation'.CommentsClose CommentsPermalink





(5) In 2006, the Iraqi Government announced the creation of the National Council for the Reconciliation.CommentsClose CommentsPermalink





(b) Sense of Congress- Congress--CommentsClose CommentsPermalink





(1) strongly supports reconciliation efforts within Iraq; andCommentsClose CommentsPermalink





(2) strongly supports the creation of an Iraqi-supported international commitment to reconciliation in Iraq and a safe and secure future for the Iraqi people.CommentsClose CommentsPermalink





(c) Purpose of Assistance- The purpose of assistance under this section is to support international efforts to encourage peaceful and positive contact, dialogue, and reconciliation among the Iraqi people.CommentsClose CommentsPermalink





(d) Authorization of Assistance- The President of the United States Institute of Peace is authorized to provide assistance to carry out the purpose of subsection (c).CommentsClose CommentsPermalink





(e) Activities Supported- Activities that may be supported by assistance under subsection (d) include--CommentsClose CommentsPermalink





(1) preventing violent conflicts in Iraq;CommentsClose CommentsPermalink





(2) promoting post-conflict stability and development in Iraq;CommentsClose CommentsPermalink





(3) increasing conflict management capacity, tools, and intellectual capital within Iraq;CommentsClose CommentsPermalink





(4) promoting tolerance and forgiveness; andCommentsClose CommentsPermalink





(5) facilitating dialogue in the region.CommentsClose CommentsPermalink





(f) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) IN GENERAL- To carry out this section, there are authorized to be appropriated to the President of the United States Institute of Peace $20,000,000 for each of the fiscal years 2008 through 2012.CommentsClose CommentsPermalink





(2) OTHER PROVISIONS- Amounts appropriated pursuant to the authorization of appropriations under paragraph (1)--CommentsClose CommentsPermalink





(A) may be referred to as the `Political Reconciliation in Iraq Fund'; andCommentsClose CommentsPermalink





(B) are authorized to remain available until expended.CommentsClose CommentsPermalink

TITLE II--COMPREHENSIVE POST-CONFLICT SUPPORT IN IRAQ

SEC. 201. STATEMENT OF POLICY.

(a) Statement of Policy- It is the policy of the United States to work with the Government of Iraq and the international community to provide for the reconstruction of Iraq.CommentsClose CommentsPermalink





(b) Types of Activities- In carrying out the policy described in subsection (a), priority should be given to carrying out reconstruction activities such as--CommentsClose CommentsPermalink





(1) redeveloping Iraqi civilian institutions;CommentsClose CommentsPermalink





(2) supporting independent, nonprofit Iraqi think tanks dedicated to developing peace and non-violent conflict resolution strategies and to developing education and training materials, basic and applied research opportunities, and information services to promote domestic tranquility and international peace;CommentsClose CommentsPermalink





(3) rebuilding public health infrastructure, including restoring hospitals and clinics and the purchase of diagnostic and therapeutic equipment and services for hospitals and clinics;CommentsClose CommentsPermalink





(4) demining and the destruction of landmines, unexploded ordinances, and clean up of depleted uranium artillery shells; andCommentsClose CommentsPermalink





(5) dismantling and disposing of fortifications and other remnants of Operation Iraqi Freedom.CommentsClose CommentsPermalink

SEC. 202. PLAN TO INITIATE A DIPLOMATIC SURGE TO BRING AN EXPEDITIOUS END TO THE OCCUPATION OF IRAQ.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The Iraq Study Group Report states that `Iraq cannot be effectively addressed in isolation from other major regional issues.'.CommentsClose CommentsPermalink





(2) The Iraq Study Group Report further states that a diplomatic effort `cannot be successful unless it includes the active participation of those countries that have a critical stake in preventing Iraq from falling into chaos'.CommentsClose CommentsPermalink





(b) Plan Required- The President shall establish and implement a plan to initiate an escalation of diplomatic efforts by the United States to--CommentsClose CommentsPermalink





(1) directly engage with Iran and Syria to gain the commitment of such countries for constructive policies relating to Iraq;CommentsClose CommentsPermalink





(2) convene a regional conference with Iraq's neighbors, regional stakeholders, and international allies for bringing peace and stability to Iraq and developing coordinated strategies for the reconstruction of Iraq;CommentsClose CommentsPermalink





(3) work with the Government of Iraq to develop milestones and promote efforts for promoting reconstruction, improving security, and ensuring good governance; andCommentsClose CommentsPermalink





(4) create and train a national reconstruction corps in Iraq.CommentsClose CommentsPermalink





(c) Reports- Not later than 60 days after the date of the enactment of this Act, the President shall transmit to Congress a report that contains a description of the plan established under subsection (b). Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the occupation of Iraq is over, the President shall transmit to Congress a report that contains the results of the implementation of the plan established under subsection (b).CommentsClose CommentsPermalink

SEC. 203. DEPLOYMENT OF THE ARMED FORCES TO ACHIEVE AN OVER-THE-HORIZON MILITARY PRESENCE FOR THE PURPOSE OF TARGETING GLOBAL TERRORISM.

(a) Deployment Required- The President, in consultation with the Secretary of Defense and the Secretary of State, shall deploy the Armed Forces outside the United States in such numbers as the President determines is required to achieve an over-the-horizon presence of the Armed Forces for the purpose of targeting global terrorism.CommentsClose CommentsPermalink





(b) Armed Forces Defined- In this section, the term `Armed Forces' has the meaning given the term in section 101 of title 10, United States Code.CommentsClose CommentsPermalink

SEC. 204. COMMISSION ON FUNDING THE RECONSTRUCTION OF IRAQ.

(a) Findings- The Congress finds that--CommentsClose CommentsPermalink





(1) the United States has a moral obligation to assist the Government of Iraq with the reconstruction of Iraq; andCommentsClose CommentsPermalink





(2) contractors of the Federal Government should not derive excess profits from work performed under contracts on behalf of the taxpayers of the United States.CommentsClose CommentsPermalink





(b) Establishment- There is established the `Commission on Funding the Reconstruction of Iraq' (in this section referred to as the `Commission').CommentsClose CommentsPermalink





(c) Definitions-CommentsClose CommentsPermalink





(1) FEDERAL CONTRACTOR- The term `Federal contractor' means an individual or an entity that has been awarded a contract by an Executive agency to provide goods or services.CommentsClose CommentsPermalink





(2) EXECUTIVE AGENCY- The term `Executive agency' has the meaning provided in section 105 of title 5, United States Code.CommentsClose CommentsPermalink





(3) EXCESS PROFITS- The term `excess profits' means profits that exceed the average rate of profit for the specific industry in which a Federal contractor provides goods or services.CommentsClose CommentsPermalink





(d) Duties of Commission- The Commission shall perform the following duties:CommentsClose CommentsPermalink





(1) Determine the profits of Federal contractors under contracts relating to Operation Iraqi Freedom, whether such contracts are entered into or performed in the United States or outside the United States, including contracts--CommentsClose CommentsPermalink





(A) for the reconstruction of Iraq;CommentsClose CommentsPermalink





(B) for the logistical support of coalition forces in Operation Iraqi Freedom; andCommentsClose CommentsPermalink





(C) for the performance of security and intelligence functions in Operation Iraqi Freedom.CommentsClose CommentsPermalink





(2) Determine the average rate of profit for the specific industries in which Federal contractors provide goods or services.CommentsClose CommentsPermalink





(3) Determine the amount of excess profits that Federal contractors have received under the contracts described in paragraph (1).CommentsClose CommentsPermalink





(4) Determine a fair and appropriate tax on such excess profits.CommentsClose CommentsPermalink





(5) Determine the most appropriate method to collect such a tax on excess profits.CommentsClose CommentsPermalink





(6) Determine the most appropriate method to use such a tax on excess profits for the reconstruction of Iraq.CommentsClose CommentsPermalink





(7) Submit to Congress a report pursuant to subsection (i) containing detailed statements of the Commission's findings, conclusions, and recommendations as determined by a majority of the members of the Commission.CommentsClose CommentsPermalink





(e) Membership-CommentsClose CommentsPermalink





(1) NUMBER AND APPOINTMENT- The Commission shall be composed of 12 members as follows:CommentsClose CommentsPermalink





(A) 1 member appointed by the Secretary of Defense who is a senior-level official of the Department of Defense with responsibility for contracting with private firms.CommentsClose CommentsPermalink





(B) 1 member appointed by the Secretary of State who is a senior-level official of the Department of State with responsibility for contracting with private firms.CommentsClose CommentsPermalink





(C) 1 member appointed by the Secretary of Treasury who is a senior-level official of the Department of the Treasury with responsibility for contracting with private firms.CommentsClose CommentsPermalink





(D) 2 members who are Members of the House of Representatives including--CommentsClose CommentsPermalink





(i) 1 member appointed by the Speaker of the House of Representatives who is a member of the majority party; andCommentsClose CommentsPermalink





(ii) 1 member appointed by the minority leader of the House of Representatives who is a member of the minority party.CommentsClose CommentsPermalink





(E) 2 members who are Members of the Senate including--CommentsClose CommentsPermalink





(i) 1 member appointed by the majority leader of the Senate who is a member of the majority party; andCommentsClose CommentsPermalink





(ii) 1 member appointed by the minority leader of the Senate who is a member of the minority party.CommentsClose CommentsPermalink





(F) 5 members from the private sector appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate jointly, in consultation with the leader of the minority party in the House of Representatives and the leader of the minority party in the Senate, who are drawn from positions of responsibility with respect to international human rights, international development, and the law of taxation of corporate entities.CommentsClose CommentsPermalink





(2) TERMS- Each member shall be appointed for the life of the Commission.CommentsClose CommentsPermalink





(3) VACANCIES- A vacancy in the Commission shall be filled in the manner in which the original appointment was made and shall not affect the powers of the Commission.CommentsClose CommentsPermalink





(4) BASIC PAY- Members shall serve without pay.CommentsClose CommentsPermalink





(5) TRAVEL EXPENSES- Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





(6) QUORUM- 6 members of the Commission shall constitute a quorum, but a lesser number may hold hearings.CommentsClose CommentsPermalink





(7) CHAIRPERSON; VICE-CHAIRPERSON-CommentsClose CommentsPermalink





(A) CHAIRPERSON- The chairperson of the Commission, who shall be a Member of Congress and a member of the majority party, shall be elected by the members of the Commission.CommentsClose CommentsPermalink





(B) VICE-CHAIRPERSON- The vice-chairperson of the Commission, who shall be a Member of Congress and a member of the minority party, shall be elected by the members of the Commission.CommentsClose CommentsPermalink





(8) MEETINGS- The Commission shall meet at the call of the chairperson or a majority of its members.CommentsClose CommentsPermalink





(f) Director and Staff of Commission; Experts and Consultant-CommentsClose CommentsPermalink





(1) DIRECTOR AND STAFF-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to such policies as the Commission may prescribe, the chairperson of the Commission may appoint and fix the pay of a director and such additional personnel as the chairperson considers appropriate to carry out the duties of the Commission.CommentsClose CommentsPermalink





(B) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The director and staff of the Commission may be--CommentsClose CommentsPermalink





(i) appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; andCommentsClose CommentsPermalink





(ii) paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.CommentsClose CommentsPermalink





(2) EXPERTS AND CONSULTANTS- The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.CommentsClose CommentsPermalink





(g) Detail of Government Employees- Upon the request of the Commission, the head of any Federal agency may detail any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission.CommentsClose CommentsPermalink





(h) Powers of Commission-CommentsClose CommentsPermalink





(1) HEARINGS AND SESSIONS- The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The chairperson, or such other member of the Commission as the chairperson may designate, may administer oaths or affirmations to witnesses appearing before it.CommentsClose CommentsPermalink





(2) OBTAINING OFFICIAL DATA- The Commission may secure directly from any department or agency of the United States, including the Office of the Special Inspector General for Iraq Reconstruction, information necessary to enable it to carry out its duties under this section. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission.CommentsClose CommentsPermalink





(3) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.CommentsClose CommentsPermalink





(4) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this section.CommentsClose CommentsPermalink





(5) SUBPOENA POWER-CommentsClose CommentsPermalink





(A) IN GENERAL- The chairperson, or such other member of the Commission as the chairperson may designate, may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence necessary to enable the Commission to carry out its duties. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States.CommentsClose CommentsPermalink





(B) FAILURE TO OBEY A SUBPOENA- If a person refuses to obey a subpoena issued under subparagraph (A), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt.CommentsClose CommentsPermalink





(6) IMMUNITY- Except as provided in this paragraph, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self-incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence.CommentsClose CommentsPermalink





(7) CONTRACT AUTHORITY- The Commission may enter into contracts with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this section, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).CommentsClose CommentsPermalink





(i) Report- Not later than 180 days after its establishment, the Commission shall submit a report to Congress.CommentsClose CommentsPermalink





(j) Termination- The Commission shall terminate 30 days after it submits its report.CommentsClose CommentsPermalink