IV 

110TH CONGRESS 

2D SESSION H. RES. 1535 

Expressing disapproval of the Agreement Between the United States of America and the Republic of Iraq on the Withdrawal of United States Forces 

from Iraq and the Organization of Their Activities During Their Temporary Presence in Iraq, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2008 

Ms. LEE (for herself, Ms. WOOLSEY, Mr. STARK, Mr. KUCINICH, Mr. PAUL, 

Mr. GRIJALVA, and Mr. LEWIS of Georgia) submitted the following resolution; which was referred to the Committee on Foreign Affairs 

RESOLUTION 

Expressing disapproval of the Agreement Between the United 

States of America and the Republic of Iraq on the Withdrawal of United States Forces from Iraq and the Organization of Their Activities During Their Temporary 

Presence in Iraq, and for other purposes. 

Whereas the Framers of the Constitution of the United 

States intended that all significant foreign commitments 

by the United States Government be made by treaty or 

statute; 

Whereas the Constitution of the United States gives Congress 

the power to declare war, to raise and support armies, to 

provide and maintain a navy, to make rules governing 

such forces, to provide for organizing and calling forth 


wwoods2 on PRODPC68 with BILLS
2 

•HRES 1535 IH 

the militia, to make rules concerning captures on land 

and water, and to regulate commerce with foreign nations; 

Whereas the Constitution of the United States also gives 

Congress the power to make all laws necessary for carrying out the powers vested in the Government, and the 

power to raise and spend money; 

Whereas in addition, the Senate has the responsibility of confirming appointments to diplomatic posts and by twothirds vote must give its advice and consent to treaties 

before such treaties become effective; 

Whereas Congress, established in article I of the Constitution 

of the United States, is a co-equal branch of the Government, and each Member of Congress, regardless of political party, must resist encroachment by the executive 

branch on the constitutional prerogatives of Congress; 

Whereas on November 26, 2007, and without congressional 

consultation or input, United States President George W. 

Bush and Iraqi Prime Minister Nouri al-Maliki signed 

the U.S.-Iraq Declaration of Principles for Friendship 

and Cooperation, a shared statement of intent that established common principles to frame the future relationship 

between the United States and Iraq; 

Whereas President Bush publicly stated that the relationship 

envisioned in the U.S.-Iraq Declaration of Principles for 

Friendship and Cooperation includes cooperation between 

the United States and Iraq in the political, diplomatic, 

economic, and security arenas; 

Whereas President Bush declared his intent, during 2008, to 

negotiate and conclude before he leaves office detailed arrangements that will codify the bilateral relationship beVerDate Aug 31 2005 03:31 Dec 11, 2008 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR1535.IH HR1535

wwoods2 on PRODPC68 with BILLS
3 

•HRES 1535 IH 

tween the United States and Iraq following the expiration 

of the mandate of the Multi-National Force—Iraq under 

chapter VII of the United Nations Charter and the concomitant resumption of Iraq’s normal status as a state 

with full legal and functional sovereignty and authorities 

and the restoration of Iraq’s legal international status; 

Whereas on November 17, 2008, Iraqi Foreign Minister 

Hoshiyar Zebari and United States Ambassador to Iraq 

Ryan Crocker signed the Agreement Between the United 

States of America and the Republic of Iraq on the Withdrawal of United States Forces from Iraq and the Organization of Their Activities During Their Temporary 

Presence in Iraq (hereinafter referred to as the ‘‘Agreement’’); 

Whereas the Agreement contemplates a timetable that could 

leave United States troops in Iraq until December 31, 

2011, which would cost American taxpayers more than 

$360 billion based on current spending levels, money that 

could be better spent in the United States to revive the 

Nation’s sagging economy; 

Whereas the Agreement undermines the constitutional powers 

of the next president by subjecting United States military 

operations to the approval of the Iraqi government, notwithstanding that throughout history, United States 

troops have been subjected to foreign control in peacekeeping operations only where authorized under treaties 

ratified by the Senate; 

Whereas the Agreement subjects thousands of private military contractors to Iraqi courts in the event that they are 

charged with crimes but does not specify the law to be 

applied or the procedural safeguards that must be obVerDate Aug 31 2005 03:31 Dec 11, 2008 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HR1535.IH HR1535

wwoods2 on PRODPC68 with BILLS
4 

•HRES 1535 IH 

served by Iraqi courts to ensure due process and equal 

justice; and 

Whereas President Bush’s claim that he is empowered by the 

Constitution to negotiate and conclude detailed arrangements that will codify the bilateral relationship between 

the United States and Iraq without any role for Congress 

reflects a profound misreading of the Constitution and 

conflicts with the position of President-elect Obama that 

any agreement governing the status of United States 

forces in Iraq ‘‘should be subject to Congressional review’’: Now, therefore, be it 

1 Resolved, That— 

2 (1) the House of Representatives expresses its 

3 disapproval of the Agreement Between the United 

4 States of America and the Republic of Iraq on the 

5 Withdrawal of United States Forces from Iraq and 

6 the Organization of Their Activities During Their 

7 Temporary Presence in Iraq, signed on November 

8 17, 2008, and does not regard that Agreement as 

9 binding on the United States or obligating the Con10 gress to appropriate the funds necessary to imple11 ment the Agreement; 

12 (2) it is the sense of the House of Representa13 tives that any other agreement between the United 

14 States and the Republic of Iraq on the withdrawal 

15 of United States Forces from Iraq or the organiza16 tion of their activities during their presence in Iraq 


wwoods2 on PRODPC68 with BILLS
5 

•HRES 1535 IH 

1 should be disapproved to the extent that such an 

2 agreement— 

3 (A) contemplates the presence of United 

4 States troops in Iraq as late as December 31, 

5 2011; 

6 (B) subjects United States military oper7 ations to the approval of the Iraqi government; 

8 (C) subjects thousands of private military 

9 contractors to Iraqi courts in the event that 

10 they are charged with crimes but does not 

11 specify the law to be applied or the procedural 

12 safeguards that must be observed by Iraqi 

13 courts to ensure due process and equal justice; 

14 (D) is inconsistent with the requirements 

15 of the United States Constitution; or 

16 (E) is otherwise contrary to the best inter17 ests of the United States; and 

18 (3) the House of Representatives should con19 duct vigorous oversight hearings in the 111th Con20 gress to determine whether to authorize and fund 

21 any agreement between the United States and the 

22 Republic of Iraq governing the presence and activi23 ties of United States Forces in Iraq. 

Æ 


wwoods2 on PRODPC68 with BILLS