[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1535 Introduced in House (IH)]







110th CONGRESS
  2d Session
H. RES. 1535

 Expressing disapproval of the Agreement Between the United States of 
  America and the Republic of Iraq on the Withdrawal of United States 
Forces from Iraq and the Organization of Their Activities During Their 
          Temporary Presence in Iraq, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2008

 Ms. Lee (for herself, Ms. Woolsey, Mr. Stark, Mr. Kucinich, Mr. Paul, 
    Mr. Grijalva, and Mr. Lewis of Georgia) submitted the following 
   resolution; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
 Expressing disapproval of the Agreement Between the United States of 
  America and the Republic of Iraq on the Withdrawal of United States 
Forces from Iraq and the Organization of Their Activities During Their 
          Temporary Presence in Iraq, and for other purposes.

Whereas the Framers of the Constitution of the United States intended that all 
        significant foreign commitments by the United States Government be made 
        by treaty or statute;
Whereas the Constitution of the United States gives Congress the power to 
        declare war, to raise and support armies, to provide and maintain a 
        navy, to make rules governing such forces, to provide for organizing and 
        calling forth the militia, to make rules concerning captures on land and 
        water, and to regulate commerce with foreign nations;
Whereas the Constitution of the United States also gives Congress the power to 
        make all laws necessary for carrying out the powers vested in the 
        Government, and the power to raise and spend money;
Whereas in addition, the Senate has the responsibility of confirming 
        appointments to diplomatic posts and by two-thirds vote must give its 
        advice and consent to treaties before such treaties become effective;
Whereas Congress, established in article I of the Constitution of the United 
        States, is a co-equal branch of the Government, and each Member of 
        Congress, regardless of political party, must resist encroachment by the 
        executive branch on the constitutional prerogatives of Congress;
Whereas on November 26, 2007, and without congressional consultation or input, 
        United States President George W. Bush and Iraqi Prime Minister Nouri 
        al-Maliki signed the U.S.-Iraq Declaration of Principles for Friendship 
        and Cooperation, a shared statement of intent that established common 
        principles to frame the future relationship between the United States 
        and Iraq;
Whereas President Bush publicly stated that the relationship envisioned in the 
        U.S.-Iraq Declaration of Principles for Friendship and Cooperation 
        includes cooperation between the United States and Iraq in the 
        political, diplomatic, economic, and security arenas;
Whereas President Bush declared his intent, during 2008, to negotiate and 
        conclude before he leaves office detailed arrangements that will codify 
        the bilateral relationship between the United States and Iraq following 
        the expiration of the mandate of the Multi-National Force--Iraq under 
        chapter VII of the United Nations Charter and the concomitant resumption 
        of Iraq's normal status as a state with full legal and functional 
        sovereignty and authorities and the restoration of Iraq's legal 
        international status;
Whereas on November 17, 2008, Iraqi Foreign Minister Hoshiyar Zebari and United 
        States Ambassador to Iraq Ryan Crocker signed the Agreement Between the 
        United States of America and the Republic of Iraq on the Withdrawal of 
        United States Forces from Iraq and the Organization of Their Activities 
        During Their Temporary Presence in Iraq (hereinafter referred to as the 
        ``Agreement'');
Whereas the Agreement contemplates a timetable that could leave United States 
        troops in Iraq until December 31, 2011, which would cost American 
        taxpayers more than $360 billion based on current spending levels, money 
        that could be better spent in the United States to revive the Nation's 
        sagging economy;
Whereas the Agreement undermines the constitutional powers of the next president 
        by subjecting United States military operations to the approval of the 
        Iraqi government, notwithstanding that throughout history, United States 
        troops have been subjected to foreign control in peacekeeping operations 
        only where authorized under treaties ratified by the Senate;
Whereas the Agreement subjects thousands of private military contractors to 
        Iraqi courts in the event that they are charged with crimes but does not 
        specify the law to be applied or the procedural safeguards that must be 
        observed by Iraqi courts to ensure due process and equal justice; and
Whereas President Bush's claim that he is empowered by the Constitution to 
        negotiate and conclude detailed arrangements that will codify the 
        bilateral relationship between the United States and Iraq without any 
        role for Congress reflects a profound misreading of the Constitution and 
        conflicts with the position of President-elect Obama that any agreement 
        governing the status of United States forces in Iraq ``should be subject 
        to Congressional review'': Now, therefore, be it
    Resolved, That--
            (1) the House of Representatives expresses its disapproval 
        of the Agreement Between the United States of America and the 
        Republic of Iraq on the Withdrawal of United States Forces from 
        Iraq and the Organization of Their Activities During Their 
        Temporary Presence in Iraq, signed on November 17, 2008, and 
        does not regard that Agreement as binding on the United States 
        or obligating the Congress to appropriate the funds necessary 
        to implement the Agreement;
            (2) it is the sense of the House of Representatives that 
        any other agreement between the United States and the Republic 
        of Iraq on the withdrawal of United States Forces from Iraq or 
        the organization of their activities during their presence in 
        Iraq should be disapproved to the extent that such an 
        agreement--
                    (A) contemplates the presence of United States 
                troops in Iraq as late as December 31, 2011;
                    (B) subjects United States military operations to 
                the approval of the Iraqi government;
                    (C) subjects thousands of private military 
                contractors to Iraqi courts in the event that they are 
                charged with crimes but does not specify the law to be 
                applied or the procedural safeguards that must be 
                observed by Iraqi courts to ensure due process and 
                equal justice;
                    (D) is inconsistent with the requirements of the 
                United States Constitution; or
                    (E) is otherwise contrary to the best interests of 
                the United States; and
            (3) the House of Representatives should conduct vigorous 
        oversight hearings in the 111th Congress to determine whether 
        to authorize and fund any agreement between the United States 
        and the Republic of Iraq governing the presence and activities 
        of United States Forces in Iraq.
                                 <all>