I 

110TH CONGRESS 

2D SESSION H. R. 5626 

To reassert the constitutional role of Congress in making long-term security 

commitments, to defer significant long-term security commitments to 

Iraq to the next Administration and Congress, and to maintain international legal authority and immunity for United States Armed Forces 

in Iraq by promoting the extension of the United Nations mandate. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2008 

Mr. DELAHUNT (for himself and Ms. DELAURO) 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 reassert the constitutional role of Congress in making 

long-term security commitments, to defer significant 

long-term security commitments to Iraq to the next Administration and Congress, and to maintain international 

legal authority and immunity for United States Armed 

Forces in Iraq by promoting the extension of the United 

Nations mandate. 

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


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1 SECTION 1. SHORT TITLE. 

2 The Act may be cited as the ‘‘Protect Our Troops 

3 and Our Constitution Act of 2008’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) On November 26, 2007, by signing the Dec7 laration of Principles for a Long-Term Relationship 

8 of Cooperation and Friendship Between the Republic 

9 of Iraq and the United States of America (herein10 after in this Act referred to as the ‘‘Declaration of 

11 Principles’’), the President of the United States 

12 pledged to negotiate by July 2008 an agreement to 

13 replace the United Nations mandate that currently 

14 provides international legal authority as well as im15 munity from Iraqi prosecution for United States 

16 Armed Forces and other Coalition forces operating 

17 in Iraq. 

18 (2) In the Declaration of Principles, the Presi19 dent pledged that this agreement would include the 

20 following security commitments by the United 

21 States: 

22 (A) ‘‘Supporting the Republic of Iraq in 

23 defending its democratic system against inter24 nal and external threats.’’. 

25 (B) ‘‘Providing security assurances and 

26 commitments to the Republic of Iraq to deter 


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1 foreign aggression against Iraq that violates its 

2 sovereignty and integrity of its territories, wa3 ters, or airspace.’’. 

4 (C) ‘‘Supporting the Republic of Iraq in its 

5 efforts to combat all terrorist groups, at the 

6 forefront of which is Al-Qaeda, Saddamists, and 

7 all other outlaw groups regardless of affiliation, 

8 and destroy their logistical networks and their 

9 sources of finance, and defeat and uproot them 

10 from Iraq.’’. 

11 (3) However, in testimony before the United 

12 States Senate on February 6, 2008, Secretary of 

13 Defense Robert Gates effectively renounced this 

14 pledge by the President when he said, ‘‘[T]he status 

15 of forces agreement that is being discussed will not 

16 contain a commitment to defend Iraq, and neither 

17 will any strategic framework agreement. My under18 standing is—and it’s, frankly, a clearer point than 

19 I made earlier—and we certainly do not consider the 

20 declaration of principles a security commitment to 

21 the Iraqis.’’. 

22 (4) On November 26, 2007, the President’s 

23 Deputy National Security Advisor for Iraq and Af24 ghanistan, General Douglas Lute, stated in a press 

25 briefing that permanent United States military bases 


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1 in Iraq ‘‘will certainly be a key item for negotiation 

2 next year’’. On January 28, 2008, when signing into 

3 law the National Defense Authorization Act for Fis4 cal Year 2008, which includes a ban on permanent 

5 United States military bases in Iraq, President 

6 George W. Bush indicated in a signing statement ac7 companying the bill that he would not be bound by 

8 a provision of that law that prohibits the United 

9 States from establishing permanent military bases in 

10 Iraq. 

11 (5) However, in testimony before the Senate on 

12 February 6, 2008, Secretary of Defense Gates stat13 ed, ‘‘The fact is, in every meeting that I’ve taken 

14 part in, it has been affirmed from the president on 

15 down that we do not want permanent bases in 

16 Iraq.’’. 

17 (6) General Lute stated in a press briefing on 

18 November 26, 2007, in response to a question as to 

19 whether the Administration would seek congressional 

20 input into the agreement, ‘‘We don’t anticipate now 

21 that these negotiations will lead to the status of a 

22 formal treaty which would then bring us to formal 

23 negotiations or formal inputs from the Congress.’’. 

24 However, the Department of State has failed to con25 sult with congressional leaders on the Declaration of 


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1 Principles as required by the Department of State’s 

2 Circular 175 procedure, which implements United 

3 States law regarding the conduct of negotiations for 

4 international agreements. 

5 (7) However, in testimony before the Senate on 

6 February 6, 2008, Secretary of Defense Gates stat7 ed, ‘‘My view is that there ought to be a great deal 

8 of openness and transparency to the Congress as we 

9 negotiate this status of forces agreement so that you 

10 can satisfy yourselves that those kinds of commit11 ments are not being made, and that there are no 

12 surprises in this.’’. 

13 (8) According to the Congressional Research 

14 Service, while the primary purpose of a status of 

15 forces agreement between the United States and an16 other country or organization is typically to provide 

17 United States Armed Forces with immunity from 

18 local prosecution, and no existing status of forces 

19 agreement authorizes offensive combat operations by 

20 United States Armed Forces (absent reference to a 

21 treaty, law, or United Nations Security Council reso22 lution), Secretary of Defense Gates and Secretary of 

23 State Condoleezza Rice have written in an opinion 

24 piece published February 13, 2008, in the Wash25 ington Post that it is the intention of the AdminisVerDate Aug 31 2005 23:11 Mar 14, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5626.IH H5626

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1 tration to have the status of forces agreement with 

2 Iraq include the ‘‘authority to fight’’ for United 

3 States Armed Forces engaged in combat operations. 

4 (9) The inconsistencies between the various 

5 statements and pledges described in paragraphs (1) 

6 through (8) raise significant questions about the Ad7 ministration’s objectives in seeking new agreements 

8 with Iraq. 

9 (10)(A) Since August 6, 2004, United States 

10 Armed Forces and other Coalition forces in Iraq 

11 have had international legal authority to operate in 

12 Iraq under the United Nations mandate for the Mul13 tinational Force–Iraq, most recently renewed in De14 cember 2007 until December 31, 2008, and have 

15 had immunity from local prosecution under an Iraqi 

16 law known as CPA Order 17, which is dependent on 

17 that mandate. 

18 (B) The Iraqi Ambassador to the United 

19 States, Samir Sumaidaie, said on February 5, 2008, 

20 ‘‘If we cannot have an agreement by that time [De21 cember 31, 2008,] we would have no choice but to 

22 go back to the Security Council. Basically, we need 

23 to have some legal cover for foreign forces.’’. 


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1 SEC. 3. LIMITATION ON USE OF FUNDS. 

2 No funds appropriated or otherwise made available 

3 to any department or agency of the United States may 

4 be used— 

5 (1) to establish or maintain any permanent or 

6 long-term United States military base or facility in 

7 Iraq; or 

8 (2) to implement any agreement that is con9 sistent with the security commitments of the United 

10 States to Iraq under the Declaration of Principles, 

11 including the security commitments described in 

12 subparagraphs (A) through (C) of section 1(2) of 

13 this Act, or any agreement that provides ‘‘authority 

14 to fight’’ for United States Armed Forces engaged 

15 in combat operations, other than for self-defense 

16 purposes, unless the agreement is in the form of a 

17 treaty with respect to which the Senate has given its 

18 advice and consent to ratification under Article II of 

19 the Constitution of the United States or the agree20 ment is approved by an Act of Congress enacted 

21 after the date of the enactment of this Act. 

22 SEC. 4. SENSE OF CONGRESS. 

23 It is the sense of Congress that— 

24 (1) long-term relations between the United 

25 States and Iraq should be determined by the United 


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1 States Administration taking office on January 20, 

2 2009; 

3 (2) in determining its policy toward Iraq, the 

4 United States Administration referred to in para5 graph (1) should consult fully with the United 

6 States Congress, the Government of Iraq, Coalition 

7 partners, and Iraq’s neighbors; and 

8 (3) to maintain current international legal au9 thority as well as immunity from Iraqi prosecution 

10 for United States Armed Forces and other Coalition 

11 forces operating in Iraq while the United States Ad12 ministration referred to in paragraph (1) determines 

13 United States policy toward Iraq, the current United 

14 States Administration should encourage the Govern15 ment of Iraq to request the renewal of the United 

16 Nations mandate for Iraq beyond December 31, 

17 2008. 

Æ 


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