S 3433 ISCommentsClose CommentsPermalink

To ensure that any agreement with Iraq containing a security commitment or arrangement is concluded as a treaty or is approved by Congress.CommentsClose CommentsPermalink

August 1, 2008CommentsClose CommentsPermalink

Mr. BIDEN (for himself, Mr. HAGEL, Mr. CASEY, Mr. VOINOVICH, and Mr. WEBB) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

To ensure that any agreement with Iraq containing a security commitment or arrangement is concluded as a treaty or is approved by Congress.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.

This Act may be cited as the ‘Iraq Security Agreement Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) On November 26, 2007, President George W. Bush and Prime Minister of Iraq Nouri al-Maliki signed the Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America (in this Act referred to as the ‘Declaration of Principles’), with the goal of concluding a final agreement or agreements between the United States and Iraq by July 31, 2008, ‘with respect to the political, cultural, economic, and security spheres.’CommentsClose CommentsPermalink





(2) The Declaration of Principles contemplates the United States ‘providing security assurances and commitments to the Republic of Iraq to deter foreign aggression.’CommentsClose CommentsPermalink





(3) In 1992, pursuant to section 1457 of the National Defense Authorization Act for Fiscal Year 1991 (50 U.S.C. 404c), the executive branch submitted a report to Congress on then-existing security commitments and arrangements.CommentsClose CommentsPermalink





(4) The report described in paragraph (3) defined a ‘security commitment’ as an ‘obligation, binding under international law, of the United States to act in the common defense in the event of an armed attack on that country.’ The report noted that all current security commitments of the United States are ‘embodied in treaties which receive the advice and consent of the Senate.’CommentsClose CommentsPermalink





(5) The report defined a ‘security arrangement’ as a ‘pledge by the United States to take some action in the event of a threat to that country’s security. Security arrangements typically oblige the United States to consult with a country in the event of a threat to its security. They may appear in legally-binding agreements, such as treaties or executive agreements, or in political documents, such as policy declarations by the President, Secretary of State or Secretary of Defense.’CommentsClose CommentsPermalink





(6) The United States Ambassador to Iraq, Ryan Crocker, has stated that the agreements to be concluded as anticipated by the Declaration of Principles will ‘deal with the status of U.S. and coalition forces in Iraq past 2008’ and ‘set the broad parameters of the overall bilateral relationship in every field’.CommentsClose CommentsPermalink





(7) On November 26, 2007, Assistant to the President and Deputy National Security Advisor for Iraq and Afghanistan, Lieutenant General Douglas Lute, stated, ‘We don’t anticipate now that these negotiations [under the Declaration of Principles] will lead to . . . formal inputs from Congress.’CommentsClose CommentsPermalink

SEC. 3. SENSE OF CONGRESS.

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) any agreement that sets forth the ‘broad parameters of the overall bilateral relationship [as between the United States and the Republic of Iraq] in every field,’ particularly one that includes a security commitment or arrangement provided to the Republic of Iraq by the United States, would result in serious military, political, and economic obligations for the United States, and thus, consistent with past practice, should involve a joint decision by the executive and legislative branches; andCommentsClose CommentsPermalink





(2) a short-term extension of the mandate of the Multi-National Force in Iraq (currently provided by United Nations Security Council Resolution 1790 (2007)), would, in concert with Iraqi law, provide United States forces with the authorities, privileges, and immunities necessary for those forces to carry out their mission in Iraq.CommentsClose CommentsPermalink

SEC. 4. ANNUAL REPORT ON SECURITY AGREEMENTS.

(a) Reports Required- Not later than 180 days after date of the enactment of this Act, and every February 1 thereafter, the President shall submit to the appropriate congressional committees a report (in both classified and unclassified form) on United States security commitments to, and arrangements with, other countries.CommentsClose CommentsPermalink





(b) Content- Each report submitted under subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) The text, and a description, of each security commitment to, or arrangement with, one or more other countries, whether based upon--CommentsClose CommentsPermalink





(A) a formal document (including a mutual defense treaty, a status of forces agreement, a pre-positioning arrangement or agreement, an access agreement, or a non-binding declaration or letter); orCommentsClose CommentsPermalink





(B) an expressed policy, whether expressed orally or in writing.CommentsClose CommentsPermalink





(2) An assessment of the need to continue, modify, or discontinue each of those commitments and arrangements in view of the changing international security situation.CommentsClose CommentsPermalink

SEC. 5. CONSULTATION WITH CONGRESS.

Not later than 30 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall consult with the appropriate congressional committees about the negotiations pursuant to the Declaration of Principles. After the initial consultation, the Secretary of State and the Secretary of Defense shall keep such committees fully and currently informed regarding the status of the negotiations. Prior to finalizing any agreement that includes a security commitment or security arrangement with Iraq, the Secretary of State should provide the text of the agreement to the appropriate congressional committees.CommentsClose CommentsPermalink

SEC. 6. PROHIBITIONS.

(a) Prohibition on Entry Into Force of Certain Agreements- No agreement containing a security commitment to, or security arrangement with, the Republic of Iraq, may enter into force except pursuant to Article II, section 2, clause 2 of the Constitution of the United States (relating to the making of treaties) or unless authorized by a law enacted on or after the date of the enactment of this Act pursuant to Article I, section 7, clause 2 of the Constitution (relating to the enactment of laws).CommentsClose CommentsPermalink





(b) Prohibition on Use of Funds- No funds may be obligated or expended to implement an agreement containing a security commitment to, or security arrangement with, the Republic of Iraq, unless it enters into force pursuant to Article II, section 2, clause 2 of the Constitution of the United States or is authorized by a law enacted on or after the date of the enactment of this Act pursuant to Article I, section 7, clause 2 of the Constitution.CommentsClose CommentsPermalink





(c) Point of Order- It shall not be in order for either House of Congress to consider any bill, resolution, amendment, or conference report that provides budget authority for the implementation of an agreement entered into in contravention of subsection (a).CommentsClose CommentsPermalink

SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this Act, the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(1) the Committee on Armed Services of the Senate;CommentsClose CommentsPermalink





(2) the Committee on Foreign Relations of the Senate;CommentsClose CommentsPermalink





(3) the Committee on Armed Services of the House of Representatives; andCommentsClose CommentsPermalink





(4) the Committee on Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink