[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2426 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2426

To provide for congressional oversight of United States agreements with 
                        the Government of Iraq.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2007

 Mr. Reid (for Mrs. Clinton) introduced the following bill; which was 
     read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To provide for congressional oversight of United States agreements with 
                        the Government of Iraq.

    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 ``Congressional Oversight of Iraq 
Agreements Act of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) President George W. Bush has announced a Declaration of 
        Principles for a Long-Term Relationship of Cooperation and 
        Friendship with Iraq, with the goal of concluding a final 
        agreement between the United States and Iraq by July 31, 2008.
            (2) The Declaration envisions commitments that directly 
        affect the national security of the United States, including 
        ``security assurances and commitments to the Republic of Iraq 
        to deter foreign aggression''.
            (3) The Declaration fails to make clear that the United 
        States will not seek and will not maintain permanent military 
        bases in Iraq.
            (4) The Declaration fails to specify the future mission 
        profile of United States forces in Iraq, the future number of 
        United States forces deployed to Iraq, and the length of 
        deployments for United States forces in Iraq.
            (5) The Declaration fails to specify the extent to which 
        United States military personnel and government contractors 
        will be accountable under the laws of Iraq.
            (6) 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 will lead to ... formal inputs from 
        the Congress.''
            (7) Section 8113 of the Department of Defense 
        Appropriations Act, Fiscal Year 2008 (Public Law 110-116; 121 
        Stat. 1339), which was signed into law on November 13, 2007, 
        stated that no funds may be used ``[t]o establish any military 
        installation or base for the purpose of providing for the 
        permanent stationing of United States Armed Forces in Iraq''.
            (8) Congress is a co-equal branch of government and as such 
        the extension of long-term United States security commitments 
        to Iraq that obligates or requires the appropriation of United 
        States funds requires the full participation and consent of 
        Congress.
            (9) Under the Constitution, legislative approval of an 
        international agreement can take the form either of approval of 
        a treaty by two-thirds of the Senate under Article II or 
        authorization of the agreement by a simple majority of both 
        houses of Congress under Article I.
            (10) Past presidential practice with regard to 
        international agreements other than treaties has been regulated 
        by Department of State guidelines that call for ``due 
        consideration'' of ``the extent to which the agreement involves 
        commitments or risks affecting the nation as a whole,'' 
        ``whether the agreement can be given effect without the 
        enactment of subsequent legislation by the Congress,'' and 
        ``the preference of the Congress''.

SEC. 3. CONCLUSION OF BILATERAL AGREEMENT WITHOUT CONGRESSIONAL 
              APPROVAL.

    (a) Report on Justification for Denying Congressional Role in 
Concluding Agreement.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Legal Advisor to the Secretary 
        of State shall submit to Congress an unclassified report 
        providing the justification for the decision of the President 
        to deny Congress its constitutionally protected role by 
        concluding an agreement on the future of the security 
        relationship between the United States and Iraq as an executive 
        agreement.
            (2) Legal analysis of constitutional authority required.--
        The report required under paragraph (1) shall include a legal 
        analysis of the constitutional powers asserted by the President 
        in concluding that such an agreement does not require approval 
        by Congress.
    (b) Sense of Congress.--It is the sense of Congress that any 
bilateral agreement between the United States and Iraq involving 
``commitments or risks affecting the nation as a whole'', including a 
status of forces agreement (SOFA), that is not a treaty approved by 
two-thirds of the Senate under Article II of the Constitution or 
authorized by legislation does not have the force of law.
    (c) Prohibition on Use of Funds To Carry Out Certain Agreements.--
No funds may be authorized or appropriated to carry out any bilateral 
agreement between the United States and Iraq involving ``commitments or 
risks affecting the nation as a whole'', including a status of forces 
agreement (SOFA), that is not a treaty approved by two-thirds of the 
Senate under Article II of the Constitution or authorized by 
legislation passed by both houses of Congress.
                                 <all>