I 

113TH CONGRESS 

1ST SESSION H. R. 125 

To provide for congressional oversight of United States agreements with 

the Government of Afghanistan. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2013 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Congressional Over5 sight of Afghanistan Agreements Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) President Barack Obama has announced an 

9 Enduring Strategic Partnership Agreement between 

10 the United States of America and the Islamic ReVerDate Mar 15 2010 03:45 Jan 10, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H125.IH H125

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1 public of Afghanistan, with the goal of concluding a 

2 final agreement between the United States and Af3 ghanistan by May 2, 2013. 

4 (2) The Agreement envisions commitments that 

5 directly affect the national security of the United 

6 States, including a commitment to assist Afghani7 stan ‘‘to deter threats against its sovereignty, secu8 rity, and territorial integrity’’. 

9 (3) The Agreement fails to make clear the fu10 ture basing structure of United States forces in Af11 ghanistan. 

12 (4) The Agreement fails to specify the future 

13 mission profile of United States forces in Afghani14 stan, the future number of United States forces de15 ployed to Afghanistan, and the length of deploy16 ments for United States forces in Afghanistan. 

17 (5) The Agreement fails to specify the extent to 

18 which United States military personnel and govern19 ment contractors will be accountable under the laws 

20 of Afghanistan. 

21 (6) Congress is a co-equal branch of govern22 ment and as such the extension of long-term United 

23 States security commitments to Afghanistan that ob24 ligates or requires the appropriation of United 


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1 States funds requires the full participation and con2 sent of Congress. 

3 (7) Under the Constitution, legislative approval 

4 of an international agreement can take the form ei5 ther of approval of a treaty by two-thirds of the Sen6 ate under article II or authorization of the agree7 ment by a simple majority of both houses of Con8 gress under article I. 

9 (8) Past presidential practice with regard to 

10 international agreements other than treaties has 

11 been regulated by Department of State guidelines 

12 that call for ‘‘due consideration’’ of ‘‘the extent to 

13 which the agreement involves commitments or risks 

14 affecting the nation as a whole,’’ ‘‘whether the 

15 agreement can be given effect without the enactment 

16 of subsequent legislation by the Congress,’’ and ‘‘the 

17 preference of the Congress’’. 

18 SEC. 3. CONCLUSION OF BILATERAL AGREEMENT WITHOUT 

19 CONGRESSIONAL APPROVAL. 

20 (a) REPORT ON JUSTIFICATION FOR DENYING CON21 GRESSIONAL ROLE IN CONCLUDING AGREEMENT.— 

22 (1) IN GENERAL.—Not later than 60 days after 

23 the date of the enactment of this Act, the Legal Ad24 visor to the Secretary of State shall submit to Con25 gress an unclassified report providing the justificaVerDate Mar 15 2010 03:45 Jan 10, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H125.IH H125

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1 tion for the decision of the President to deny Con2 gress its constitutionally protected role by concluding 

3 an agreement on the future of the security relation4 ship between the United States and Afghanistan as 

5 an executive agreement. 

6 (2) LEGAL ANALYSIS OF CONSTITUTIONAL AU7 THORITY REQUIRED.—The report required under 

8 paragraph (1) shall include a legal analysis of the 

9 constitutional powers asserted by the President in 

10 concluding that such an agreement does not require 

11 approval by Congress. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that any bilateral agreement between the United 

14 States and Afghanistan involving ‘‘commitments or risks 

15 affecting the nation as a whole’’, including a Bilateral Se16 curity Agreement, that is not a treaty approved by two17 thirds of the Senate under Article II of the Constitution 

18 or authorized by legislation does not have the force of law. 

19 (c) PROHIBITION ON USE OF FUNDS TO CARRY OUT

20 CERTAIN AGREEMENTS.—No funds may be authorized or 

21 appropriated to carry out any bilateral agreement between 

22 the United States and Afghanistan involving ‘‘commit23 ments or risks affecting the nation as a whole’’, including 

24 a Bilateral Security Agreement, that is not a treaty ap25 proved by two-thirds of the Senate under Article II of the 


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1 Constitution or authorized by legislation passed by both 

2 houses of Congress. 

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