[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5787 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5787

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2012

  Mr. Jones introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


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

    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 
Afghanistan Agreements Act of 2012''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) President Barack Obama has announced an Enduring 
        Strategic Partnership Agreement between the United States of 
        America and the Islamic Republic of Afghanistan, with the goal 
        of concluding a final agreement between the United States and 
        Afghanistan by May 2, 2013.
            (2) The Agreement envisions commitments that directly 
        affect the national security of the United States, including a 
        commitment to assist Afghanistan ``to deter threats against its 
        sovereignty, security, and territorial integrity''.
            (3) The Agreement fails to make clear the future basing 
        structure of United States forces in Afghanistan.
            (4) The Agreement fails to specify the future mission 
        profile of United States forces in Afghanistan, the future 
        number of United States forces deployed to Afghanistan, and the 
        length of deployments for United States forces in Afghanistan.
            (5) The Agreement fails to specify the extent to which 
        United States military personnel and government contractors 
        will be accountable under the laws of Afghanistan.
            (6) Congress is a co-equal branch of government and as such 
        the extension of long-term United States security commitments 
        to Afghanistan that obligates or requires the appropriation of 
        United States funds requires the full participation and consent 
        of Congress.
            (7) 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.
            (8) 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 Afghanistan 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 Afghanistan involving 
``commitments or risks affecting the nation as a whole'', including a 
Bilateral Security Agreement, 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 Afghanistan involving 
``commitments or risks affecting the nation as a whole'', including a 
Bilateral Security Agreement, 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>