110 HR 6846 IH: Iraq Security Agreement Act of U.S. House of Representatives 2008-09-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6846 IN THE HOUSE OF REPRESENTATIVES September 9, 2008 Ms. Lee (for herself, Ms. Schakowsky, Mr. McDermott, Ms. Matsui, Mr. Filner, Ms. Moore of Wisconsin, Ms. Baldwin, Mr. Carson, and Ms. Woolsey) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services and Rules, 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 ensure that any agreement with Iraq containing a security commitment or arrangement is concluded as a treaty or is approved by Congress.

1.

Short title

This Act may be cited as the Iraq Security Agreement Act of 2008.

2.

Findings

Congress makes the following findings: (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. (2)The Declaration of Principles contemplates the United States providing security assurances and commitments to the Republic of Iraq to deter foreign aggression. (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. (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. (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. (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. (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.

3.

Sense of Congress

It is the sense of Congress that— (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; and (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.

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. (b)

Content

Each report submitted under subsection (a) shall include the following: (1)The text, and a description, of each security commitment to, or arrangement with, one or more other countries, whether based upon— (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); or (B)an expressed policy, whether expressed orally or in writing. (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.

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.

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). (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. (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).

7.

Appropriate congressional committees defined

In this Act, the term appropriate congressional committees means— (1)the Committee on Armed Services of the Senate; (2)the Committee on Foreign Relations of the Senate; (3)the Committee on Armed Services of the House of Representatives; and (4)the Committee on Foreign Affairs of the House of Representatives.