[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4959 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 4959

To provide for congressional consultation with respect to any long-term 
security, economic, or political agreement with the Government of Iraq 
 and to ensure that any such agreement is in the form of a treaty with 
    respect to which the Senate has given its advice and consent to 
ratification under Article II of the Constitution of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2008

Ms. DeLauro (for herself, Ms. McCollum of Minnesota, Mr. Oberstar, Mr. 
  Larson of Connecticut, and Mr. Gutierrez) 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 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To provide for congressional consultation with respect to any long-term 
security, economic, or political agreement with the Government of Iraq 
 and to ensure that any such agreement is in the form of a treaty with 
    respect to which the Senate has given its advice and consent to 
ratification under Article II of the Constitution of the United States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iraq Strategic Agreement Review Act 
of 2008''.

SEC. 2. DEFINITION.

    In this Act, the term ``long-term security, economic, or political 
agreement with the Government of Iraq'' means any agreement or 
commitment of more than one year, which is made by the President or any 
officer, employee, or representative of the executive branch of the 
Government of the United States with the Government of Iraq that 
includes--
            (1) the basing of the Armed Forces of the United States 
        within the territory of Iraq;
            (2) defending Iraq's system of government from internal and 
        external threats;
            (3) providing security assurances and commitments to deter 
        foreign aggression against Iraq;
            (4) the military training or equipping of the Iraqi 
        Security Forces;
            (5) economic, monetary, material and technical commerce, 
        and arrangements; or
            (6) diplomatic and political understandings.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Under Article I of the Constitution of the United 
        States, the Congress has the power to provide for the common 
        defense, to regulate commerce with foreign nations, to raise, 
        support, provide, and maintain the military, and to make rules 
        for the Government and regulation of the military.
            (2) Under Article II of the Constitution of the United 
        States, the President is the Commander in Chief of the military 
        and has the power to receive Ambassadors and other public 
        ministers.
            (3) Under Article II of the Constitution of the United 
        States, the President has the right to make treaties by and 
        with the advice and consent of two-thirds of the Senate.
            (4) The North Atlantic Treaty, which created the North 
        Atlantic Treaty Organization (NATO), entered into force on 
        August 24, 1949, after approval by the Senate with each 
        protocol providing for the accession of an additional country 
        approved by the Senate.
            (5) The Mutual Defense Treaty between the United States and 
        South Korea, which established a long-term United States 
        military presence on the Korean peninsula, entered into force 
        on November 17, 1954, after approval by the Senate.
            (6) The Treaty of Mutual Cooperation and Security between 
        the United States and Japan, which established a long-term 
        United States military presence in Japan, entered into force on 
        June 23, 1960, after approval by the Senate.
            (7) On June 1, 2007, Secretary of Defense Robert Gates 
        discussed a ``long and enduring presence'' in Iraq of which the 
        ``Korea model'' and the ``security relationship that we have 
        with Japan'' are examples.
            (8) On November 26, 2007, President George W. Bush and 
        Iraqi Prime Minister Nouri al-Maliki signed a ``Declaration of 
        Principles for a Long-Term Relationship of Cooperation and 
        Friendship Between the Republic of Iraq and the United States 
        of America'', outlining the parameters for negotiation of a 
        long-term relationship in the security, economic, political, 
        diplomatic, and cultural spheres.
            (9) The Declaration of Principles include, ``supporting the 
        Republic of Iraq in defending its democratic system against 
        internal and external threats'', ``providing security 
        assurances and commitments to the Republic of Iraq to deter 
        foreign aggression against Iraq'', and ``supporting the 
        Republic of Iraq in training, equipping, and arming the Iraqi 
        Security Forces''.
            (10) On November 26, 2007, Assistant to the President and 
        Deputy National Security Advisor for Iraq and Afghanistan, 
        Lieutenant General Douglas E. Lute, stated that he does not 
        ``anticipate now that these negotiations [under the Declaration 
        of Principles] will lead to the status of a formal treaty which 
        would then bring us to formal negotiations or formal inputs 
        from the Congress''.
            (11) On November 26, 2007, Assistant to the President and 
        Deputy National Security Advisor for Iraq and Afghanistan, 
        Lieutenant General Douglas E. Lute, further stated that the 
        ``target'' to conclude negotiations is July 2008.

SEC. 4. CONSULTATIONS WITH CONGRESS.

    (a) Consultations.--
            (1) In general.--Immediately upon the date of the enactment 
        of this Act, the Secretary of State, the Secretary of Defense, 
        and any other necessary officer, employee, or representative of 
        the executive branch of the Government of the United States 
        shall commence consultations with the congressional committees 
        and leadership described in paragraph (2) on any potential 
        long-term security, economic, or political agreement with the 
        Government of Iraq.
            (2) Congressional committees and leadership described.--The 
        congressional committees and leadership referred to in 
        paragraph (1) are--
                    (A) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate and the 
                Committee on Foreign Affairs and the Committee on Armed 
                Services of the House of Representatives;
                    (B) the Speaker, majority leader, and minority 
                leader of the House of Representatives and majority 
                leader and minority leader of the Senate; and
                    (C) any other congressional committee, Senator, or 
                Member of the House of Representatives that requests 
                consultations under paragraph (1).
    (b) Framework.--Consultations required under subsection (a) shall 
include full and complete transparency of all security, economic, 
political, and other arrangements under consideration for the 
agreement.
    (c) Timeframe.--Consultations required under subsection (a) shall 
continue throughout the period of negotiations with the Government of 
Iraq to conclude the agreement.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) full Iraqi sovereignty over its territories, waters, 
        and airspace, and Iraqi control over its armed forces and 
        administrative institutions is in the national interest of the 
        United States; and
            (2) any long-term security, economic, or political 
        agreement with the Government of Iraq that is not in the form 
        of a treaty with respect to which the Senate has given its 
        advice and consent to ratification under Article II of the 
        Constitution of the United States does not have the force and 
        effect of law.

SEC. 6. LIMITATION ON THE USE OF FUNDS.

    No funds made available by any Act of Congress shall be obligated 
or expended for the implementation of any long-term security, economic, 
or political agreement with the Government of Iraq unless the agreement 
is in the form of a treaty with respect to which the Senate has given 
its advice and consent to ratification under Article II of the 
Constitution of the United States.
                                 <all>