[Congressional Record (Bound Edition), Volume 153 (2007), Part 11]
[Senate]
[Pages 15168-15169]
[From the U.S. Government Publishing Office, www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 37--EXPRESSING THE SENSE OF CONGRESS ON 
                           FEDERALISM IN IRAQ

  Mr. BIDEN (for himself, Mr. Brownback, Mrs. Boxer, Mr. Smith, Mr. 
Nelson of Florida, and Mrs. Hutchison) submitted the following 
concurrent resolution; which was referred to the Committee on Foreign 
Relations:

                            S. Con. Res. 37

       Whereas Iraq continues to experience a self-sustaining 
     cycle of sectarian violence;
       Whereas the ongoing sectarian violence presents a threat to 
     regional and world peace, and the long-term security 
     interests of the United States are best served by an Iraq 
     that is stable, not a haven for terrorists, and not a threat 
     to its neighbors;
       Whereas Iraqis must reach a comprehensive and sustainable 
     political settlement in order to achieve stability, and the 
     failure of the Iraqis to reach such a settlement is a primary 
     cause of increasing violence in Iraq;
       Whereas the Key Judgments of the January 2007 National 
     Intelligence Estimate entitled ``Prospects for Iraq's 
     Stability: A Challenging Road Ahead'' state, ``A number of 
     identifiable developments could help to reverse the negative 
     trends driving Iraq's current trajectory. They include: 
     Broader Sunni acceptance of the current political structure 
     and federalism to begin to reduce one of the major sources of 
     Iraq's instability... Significant concessions by Shia and 
     Kurds to create space for Sunni acceptance of federalism'';
       Whereas Article One of the Constitution of Iraq declares 
     Iraq to be a ``single, independent federal state;''
       Whereas Section Five of the Constitution of Iraq declares 
     that the ``federal system in the Republic of Iraq is made up 
     of a decentralized capital, regions, and governorates, and 
     local administrations'' and enumerates the expansive powers 
     of regions and the limited powers of the central government 
     and establishes the mechanisms for the creation of new 
     federal regions;
       Whereas the federal system created by the Constitution of 
     Iraq would give Iraqis local control over their police and 
     certain laws, including those related to employment, 
     education, religion, and marriage;
       Whereas the Constitution of Iraq recognizes the 
     administrative role of the Kurdistan Regional Government in 3 
     northern Iraqi provinces, known also as the Kurdistan Region;
       Whereas the Kurdistan region, recognized by the 
     Constitution of Iraq, is largely stable and peaceful;
       Whereas the Iraqi Parliament approved a federalism law on 
     October 11th, 2006, which establishes procedures for the 
     creation of new federal regions and will go into effect 18 
     months after approval;
       Whereas Iraqis recognize Baghdad as the capital of Iraq, 
     and the Constitution of Iraq stipulates that Baghdad may not 
     merge with any federal region;
       Whereas, despite their differences, Iraq's sectarian and 
     ethnic groups support the unity and territorial integrity of 
     Iraq; and
       Whereas Iraqi Prime Minister Nouri al-Maliki stated on 
     November 27, 2006, ``The crisis is political, and the ones 
     who can stop the cycle of aggravation and bloodletting of 
     innocents are the politicians'': Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that--
       (1) the United States should actively support a political 
     settlement among Iraq's major factions based upon the 
     provisions of the Constitution of Iraq that create a federal 
     system of government and allow for the creation of federal 
     regions;
       (2) the active support referenced in paragraph (1) above 
     should include--
       (A) calling on the international community, including 
     countries with troops in Iraq, the permanent 5 members of the 
     United Nations Security Council, members of the Gulf 
     Cooperation Council, and Iraq's neighbors--
       (i) to support an Iraqi political settlement based on 
     federalism;
       (ii) to acknowledge the sovereignty and territorial 
     integrity of Iraq; and
       (iii) to fulfill commitments for the urgent delivery of 
     significant assistance and debt relief to Iraq, especially 
     those made by the member states of the Gulf Cooperation 
     Council;
       (B) further calling on Iraq's neighbors to pledge not to 
     intervene in or destabilize Iraq and to agree to related 
     verification mechanisms; and
       (C) convening a conference for Iraqis to reach an agreement 
     on a comprehensive political settlement based on the creation 
     of federal regions within a united Iraq;
       (3) the United States should urge the Government of Iraq to 
     quickly agree upon and implement a law providing for the 
     equitable distribution of oil revenues, which is a critical 
     component of a comprehensive political settlement based upon 
     federalism; and
       (4) the steps described in paragraphs (1), (2), and (3) 
     above could lead to an Iraq that is stable, not a haven for 
     terrorists, and not a threat to its neighbors.

  Mr. BIDEN. Mr. President, today, Senators Brownback, Boxer, Smith, 
Bill Nelson and I are introducing a bipartisan resolution. It states 
clearly what so many of us agree on, the need for a political 
settlement in Iraq. But then it offers what virtually no one has put 
forward: a policy to actually secure that political settlement.
  We propose that the United States actively support a political 
settlement among Iraqis based on the provisions of Iraq's constitution 
that call for creating federal system of government, with strong 
regions and a limited central government.
  And we urge the administration to bring in the international 
community, including the permanent members of the U.N. Security Council 
and Iraq's neighbors, to support a settlement based on federalism and 
to convene a conference with Iraqis to help them reach that settlement.
  Each of us recognizes this reality: when a country is caught in a 
cycle of self-sustaining sectarian violence as Iraq is today, there are 
only four ways to end it:
  First, a bloodletting that leaves one side victorious or both sides 
exhausted. In the case of Iraq, that could take years . . . years we do 
not have and should not accept.
  Second, an open-ended foreign occupation that America cannot sustain.
  Third, the return of a strongman, who is not on the horizon. Even if 
he were, it would be a tragic irony to replace one dictator with 
another.

[[Page 15169]]

  Or fourth, a political agreement to form a decentralized, federal 
system that separates the warring factions and gives them control over 
the fabric of their daily lives, including the police, jobs, education, 
marriage and religion.
  It's a model that worked in Bosnia. It offers the possibility, but 
not the guarantee, of a soft landing Iraq.
  The Bush administration has another vision for Iraq. But the entire 
premise of its policy is fundamentally and fatally flawed. It believes 
Iraqis will rally behind a strong central government that keeps the 
country together and protects the rights of all citizens equally.
  But there is no trust within the central government, trust of the 
government by the people, and no capacity by the government to deliver 
services and security. And there is no evidence that we can build that 
trust and capacity soon.
  Simply put, Iraq cannot be run from the center, absent a dictator or 
foreign occupation. If we want the country to hold together and find 
stability, we have to make federalism work. If we don't, there will be 
no political accommodation at the center.
  Violent resistance will increase. The sectarian cycle of revenge will 
spiral out of control. The result will be at best the violent break up 
of Iraq into multiple states--at worst the total fragmentation of the 
country.
  This resolution is part of a comprehensive strategy I have proposed 
to bring our troops home, to leave behind a stable Iraq and to protect 
our soldiers so long as a single one of them remains in Iraq.
  I believe that is the best way to end the war in Iraq responsibly.

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