[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3433 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3433

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2008

 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 Relations

_______________________________________________________________________

                                 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.

    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 Security Agreement Act of 
2008''.

SEC. 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.''

SEC. 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.

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.
    (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.

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.

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).
    (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).

SEC. 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.
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