I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on PRODPC61 with BILLS
2 

•HR 4959 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Iraq Strategic Agree3 ment Review Act of 2008’’. 

4 SEC. 2. DEFINITION. 

5 In this Act, the term ‘‘long-term security, economic, 

6 or political agreement with the Government of Iraq’’ 

7 means any agreement or commitment of more than one 

8 year, which is made by the President or any officer, em9 ployee, or representative of the executive branch of the 

10 Government of the United States with the Government of 

11 Iraq that includes— 

12 (1) the basing of the Armed Forces of the 

13 United States within the territory of Iraq; 

14 (2) defending Iraq’s system of government from 

15 internal and external threats; 

16 (3) providing security assurances and commit17 ments to deter foreign aggression against Iraq; 

18 (4) the military training or equipping of the 

19 Iraqi Security Forces; 

20 (5) economic, monetary, material and technical 

21 commerce, and arrangements; or 

22 (6) diplomatic and political understandings. 

23 SEC. 3. FINDINGS. 

24 Congress finds the following: 

25 (1) Under Article I of the Constitution of the 

26 United States, the Congress has the power to proVerDate Aug 31 2005 03:58 Jan 16, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4959.IH H4959

smartinez on PRODPC61 with BILLS
3 

•HR 4959 IH

1 vide for the common defense, to regulate commerce 

2 with foreign nations, to raise, support, provide, and 

3 maintain the military, and to make rules for the 

4 Government and regulation of the military. 

5 (2) Under Article II of the Constitution of the 

6 United States, the President is the Commander in 

7 Chief of the military and has the power to receive 

8 Ambassadors and other public ministers. 

9 (3) Under Article II of the Constitution of the 

10 United States, the President has the right to make 

11 treaties by and with the advice and consent of two12 thirds of the Senate. 

13 (4) The North Atlantic Treaty, which created 

14 the North Atlantic Treaty Organization (NATO), 

15 entered into force on August 24, 1949, after ap16 proval by the Senate with each protocol providing 

17 for the accession of an additional country approved 

18 by the Senate. 

19 (5) The Mutual Defense Treaty between the 

20 United States and South Korea, which established a 

21 long-term United States military presence on the 

22 Korean peninsula, entered into force on November 

23 17, 1954, after approval by the Senate. 

24 (6) The Treaty of Mutual Cooperation and Se25 curity between the United States and Japan, which 


smartinez on PRODPC61 with BILLS
4 

•HR 4959 IH

1 established a long-term United States military pres2 ence in Japan, entered into force on June 23, 1960, 

3 after approval by the Senate. 

4 (7) On June 1, 2007, Secretary of Defense 

5 Robert Gates discussed a ‘‘long and enduring pres6 ence’’ in Iraq of which the ‘‘Korea model’’ and the 

7 ‘‘security relationship that we have with Japan’’ are 

8 examples. 

9 (8) On November 26, 2007, President George 

10 W. Bush and Iraqi Prime Minister Nouri al-Maliki 

11 signed a ‘‘Declaration of Principles for a Long-Term 

12 Relationship of Cooperation and Friendship Between 

13 the Republic of Iraq and the United States of Amer14 ica’’, outlining the parameters for negotiation of a 

15 long-term relationship in the security, economic, po16 litical, diplomatic, and cultural spheres. 

17 (9) The Declaration of Principles include, ‘‘sup18 porting the Republic of Iraq in defending its demo19 cratic system against internal and external threats’’, 

20 ‘‘providing security assurances and commitments to 

21 the Republic of Iraq to deter foreign aggression 

22 against Iraq’’, and ‘‘supporting the Republic of Iraq 

23 in training, equipping, and arming the Iraqi Security 

24 Forces’’. 


smartinez on PRODPC61 with BILLS
5 

•HR 4959 IH

1 (10) On November 26, 2007, Assistant to the 

2 President and Deputy National Security Advisor for 

3 Iraq and Afghanistan, Lieutenant General Douglas 

4 E. Lute, stated that he does not ‘‘anticipate now 

5 that these negotiations [under the Declaration of 

6 Principles] will lead to the status of a formal treaty 

7 which would then bring us to formal negotiations or 

8 formal inputs from the Congress’’. 

9 (11) On November 26, 2007, Assistant to the 

10 President and Deputy National Security Advisor for 

11 Iraq and Afghanistan, Lieutenant General Douglas 

12 E. Lute, further stated that the ‘‘target’’ to conclude 

13 negotiations is July 2008. 

14 SEC. 4. CONSULTATIONS WITH CONGRESS. 

15 (a) CONSULTATIONS.— 

16 (1) IN GENERAL.—Immediately upon the date 

17 of the enactment of this Act, the Secretary of State, 

18 the Secretary of Defense, and any other necessary 

19 officer, employee, or representative of the executive 

20 branch of the Government of the United States shall 

21 commence consultations with the congressional com22 mittees and leadership described in paragraph (2) on 

23 any potential long-term security, economic, or polit24 ical agreement with the Government of Iraq. 


smartinez on PRODPC61 with BILLS
6 

•HR 4959 IH

1 (2) CONGRESSIONAL COMMITTEES AND LEAD2 ERSHIP DESCRIBED.—The congressional committees 

3 and leadership referred to in paragraph (1) are— 

4 (A) the Committee on Foreign Relations 

5 and the Committee on Armed Services of the 

6 Senate and the Committee on Foreign Affairs 

7 and the Committee on Armed Services of the 

8 House of Representatives; 

9 (B) the Speaker, majority leader, and mi10 nority leader of the House of Representatives 

11 and majority leader and minority leader of the 

12 Senate; and 

13 (C) any other congressional committee, 

14 Senator, or Member of the House of Represent15 atives that requests consultations under para16 graph (1). 

17 (b) FRAMEWORK.—Consultations required under 

18 subsection (a) shall include full and complete transparency 

19 of all security, economic, political, and other arrangements 

20 under consideration for the agreement. 

21 (c) TIMEFRAME.—Consultations required under sub22 section (a) shall continue throughout the period of nego23 tiations with the Government of Iraq to conclude the 

24 agreement. 


smartinez on PRODPC61 with BILLS
7 

•HR 4959 IH

1 SEC. 5. SENSE OF CONGRESS. 

2 It is the sense of the Congress that— 

3 (1) full Iraqi sovereignty over its territories, wa4 ters, and airspace, and Iraqi control over its armed 

5 forces and administrative institutions is in the na6 tional interest of the United States; and 

7 (2) any long-term security, economic, or polit8 ical agreement with the Government of Iraq that is 

9 not in the form of a treaty with respect to which the 

10 Senate has given its advice and consent to ratifica11 tion under Article II of the Constitution of the 

12 United States does not have the force and effect of 

13 law. 

14 SEC. 6. LIMITATION ON THE USE OF FUNDS. 

15 No funds made available by any Act of Congress shall 

16 be obligated or expended for the implementation of any 

17 long-term security, economic, or political agreement with 

18 the Government of Iraq unless the agreement is in the 

19 form of a treaty with respect to which the Senate has 

20 given its advice and consent to ratification under Article 

21 II of the Constitution of the United States. 

Æ 


smartinez on PRODPC61 with BILLS