HR 4959

110th CONGRESS
2d Session

H. R. 4959

To provide for congressional consultation with respect to any long-term security, economic, or political agreement with the Government of Iraq and to ensure that any such agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States.

IN THE HOUSE OF REPRESENTATIVES

January 15, 2008

Ms. DELAURO (for herself, Ms. MCCOLLUM of Minnesota, Mr. OBERSTAR, Mr. LARSON of Connecticut, and Mr. GUTIERREZ) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for congressional consultation with respect to any long-term security, economic, or political agreement with the Government of Iraq and to ensure that any such agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States.

    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 Strategic Agreement Review Act of 2008'.

SEC. 2. DEFINITION.

    In this Act, the term `long-term security, economic, or political agreement with the Government of Iraq' means any agreement or commitment of more than one year, which is made by the President or any officer, employee, or representative of the executive branch of the Government of the United States with the Government of Iraq that includes--

      (1) the basing of the Armed Forces of the United States within the territory of Iraq;

      (2) defending Iraq's system of government from internal and external threats;

      (3) providing security assurances and commitments to deter foreign aggression against Iraq;

      (4) the military training or equipping of the Iraqi Security Forces;

      (5) economic, monetary, material and technical commerce, and arrangements; or

      (6) diplomatic and political understandings.

SEC. 3. FINDINGS.

    Congress finds the following:

      (1) Under Article I of the Constitution of the United States, the Congress has the power to provide for the common defense, to regulate commerce with foreign nations, to raise, support, provide, and maintain the military, and to make rules for the Government and regulation of the military.

      (2) Under Article II of the Constitution of the United States, the President is the Commander in Chief of the military and has the power to receive Ambassadors and other public ministers.

      (3) Under Article II of the Constitution of the United States, the President has the right to make treaties by and with the advice and consent of two-thirds of the Senate.

      (4) The North Atlantic Treaty, which created the North Atlantic Treaty Organization (NATO), entered into force on August 24, 1949, after approval by the Senate with each protocol providing for the accession of an additional country approved by the Senate.

      (5) The Mutual Defense Treaty between the United States and South Korea, which established a long-term United States military presence on the Korean peninsula, entered into force on November 17, 1954, after approval by the Senate.

      (6) The Treaty of Mutual Cooperation and Security between the United States and Japan, which established a long-term United States military presence in Japan, entered into force on June 23, 1960, after approval by the Senate.

      (7) On June 1, 2007, Secretary of Defense Robert Gates discussed a `long and enduring presence' in Iraq of which the `Korea model' and the `security relationship that we have with Japan' are examples.

      (8) On November 26, 2007, President George W. Bush and Iraqi Prime Minister Nouri al-Maliki signed a `Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America', outlining the parameters for negotiation of a long-term relationship in the security, economic, political, diplomatic, and cultural spheres.

      (9) The Declaration of Principles include, `supporting the Republic of Iraq in defending its democratic system against internal and external threats', `providing security assurances and commitments to the Republic of Iraq to deter foreign aggression against Iraq', and `supporting the Republic of Iraq in training, equipping, and arming the Iraqi Security Forces'.

      (10) On November 26, 2007, Assistant to the President and Deputy National Security Advisor for Iraq and Afghanistan, Lieutenant General Douglas E. Lute, stated that he does not `anticipate now that these negotiations [under the Declaration of Principles] will lead to the status of a formal treaty which would then bring us to formal negotiations or formal inputs from the Congress'.

      (11) On November 26, 2007, Assistant to the President and Deputy National Security Advisor for Iraq and Afghanistan, Lieutenant General Douglas E. Lute, further stated that the `target' to conclude negotiations is July 2008.

SEC. 4. CONSULTATIONS WITH CONGRESS.

    (a) Consultations-

      (1) IN GENERAL- Immediately upon the date of the enactment of this Act, the Secretary of State, the Secretary of Defense, and any other necessary officer, employee, or representative of the executive branch of the Government of the United States shall commence consultations with the congressional committees and leadership described in paragraph (2) on any potential long-term security, economic, or political agreement with the Government of Iraq.

      (2) CONGRESSIONAL COMMITTEES AND LEADERSHIP DESCRIBED- The congressional committees and leadership referred to in paragraph (1) are--

        (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives;

        (B) the Speaker, majority leader, and minority leader of the House of Representatives and majority leader and minority leader of the Senate; and

        (C) any other congressional committee, Senator, or Member of the House of Representatives that requests consultations under paragraph (1).

    (b) Framework- Consultations required under subsection (a) shall include full and complete transparency of all security, economic, political, and other arrangements under consideration for the agreement.

    (c) Timeframe- Consultations required under subsection (a) shall continue throughout the period of negotiations with the Government of Iraq to conclude the agreement.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of the Congress that--

      (1) full Iraqi sovereignty over its territories, waters, and airspace, and Iraqi control over its armed forces and administrative institutions is in the national interest of the United States; and

      (2) any long-term security, economic, or political agreement with the Government of Iraq that is not in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States does not have the force and effect of law.

SEC. 6. LIMITATION ON THE USE OF FUNDS.

    No funds made available by any Act of Congress shall be obligated or expended for the implementation of any long-term security, economic, or political agreement with the Government of Iraq unless the agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States.

END