II 

110TH CONGRESS 

2D SESSION S. 3433 

To ensure that any agreement with Iraq containing a security commitment 

or arrangement is concluded as a treaty or is approved by Congress. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2008 

Mr. BIDEN (for himself, Mr. HAGEL, Mr. CASEY, Mr. VOINOVICH, and Mr. 

WEBB) introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To ensure that any agreement with Iraq containing a security commitment or arrangement is concluded as a treaty 

or is approved by Congress. 

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 ‘‘Iraq Security Agree5 ment Act of 2008’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

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

9 W. Bush and Prime Minister of Iraq Nouri al-Maliki 

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1 signed the Declaration of Principles for a Long2 Term Relationship of Cooperation and Friendship 

3 Between the Republic of Iraq and the United States 

4 of America (in this Act referred to as the ‘‘Declara5 tion of Principles’’), with the goal of concluding a 

6 final agreement or agreements between the United 

7 States and Iraq by July 31, 2008, ‘‘with respect to 

8 the political, cultural, economic, and security 

9 spheres.’’ 

10 (2) The Declaration of Principles contemplates 

11 the United States ‘‘providing security assurances 

12 and commitments to the Republic of Iraq to deter 

13 foreign aggression.’’ 

14 (3) In 1992, pursuant to section 1457 of the 

15 National Defense Authorization Act for Fiscal Year 

16 1991 (50 U.S.C. 404c), the executive branch sub17 mitted a report to Congress on then-existing security 

18 commitments and arrangements. 

19 (4) The report described in paragraph (3) de20 fined a ‘‘security commitment’’ as an ‘‘obligation, 

21 binding under international law, of the United 

22 States to act in the common defense in the event of 

23 an armed attack on that country.’’ The report noted 

24 that all current security commitments of the United 

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1 States are ‘‘embodied in treaties which receive the 

2 advice and consent of the Senate.’’ 

3 (5) The report defined a ‘‘security arrange4 ment’’ as a ‘‘pledge by the United States to take 

5 some action in the event of a threat to that coun6 try’s security. Security arrangements typically oblige 

7 the United States to consult with a country in the 

8 event of a threat to its security. They may appear 

9 in legally-binding agreements, such as treaties or ex10 ecutive agreements, or in political documents, such 

11 as policy declarations by the President, Secretary of 

12 State or Secretary of Defense.’’ 

13 (6) The United States Ambassador to Iraq, 

14 Ryan Crocker, has stated that the agreements to be 

15 concluded as anticipated by the Declaration of Prin16 ciples will ‘‘deal with the status of U.S. and coalition 

17 forces in Iraq past 2008’’ and ‘‘set the broad param18 eters of the overall bilateral relationship in every 

19 field’’. 

20 (7) On November 26, 2007, Assistant to the 

21 President and Deputy National Security Advisor for 

22 Iraq and Afghanistan, Lieutenant General Douglas 

23 Lute, stated, ‘‘We don’t anticipate now that these 

24 negotiations [under the Declaration of Principles] 

25 will lead to . . . formal inputs from Congress.’’ 

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1 SEC. 3. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) any agreement that sets forth the ‘‘broad 

4 parameters of the overall bilateral relationship [as 

5 between the United States and the Republic of Iraq] 

6 in every field,’’ particularly one that includes a secu7 rity commitment or arrangement provided to the Re8 public of Iraq by the United States, would result in 

9 serious military, political, and economic obligations 

10 for the United States, and thus, consistent with past 

11 practice, should involve a joint decision by the execu12 tive and legislative branches; and 

13 (2) a short-term extension of the mandate of 

14 the Multi-National Force in Iraq (currently provided 

15 by United Nations Security Council Resolution 1790 

16 (2007)), would, in concert with Iraqi law, provide 

17 United States forces with the authorities, privileges, 

18 and immunities necessary for those forces to carry 

19 out their mission in Iraq. 

20 SEC. 4. ANNUAL REPORT ON SECURITY AGREEMENTS. 

21 (a) REPORTS REQUIRED.—Not later than 180 days 

22 after date of the enactment of this Act, and every Feb23 ruary 1 thereafter, the President shall submit to the ap24 propriate congressional committees a report (in both clas25 sified and unclassified form) on United States security 

26 commitments to, and arrangements with, other countries. 

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1 (b) CONTENT.—Each report submitted under sub2 section (a) shall include the following: 

3 (1) The text, and a description, of each security 

4 commitment to, or arrangement with, one or more 

5 other countries, whether based upon— 

6 (A) a formal document (including a mutual 

7 defense treaty, a status of forces agreement, a 

8 pre-positioning arrangement or agreement, an 

9 access agreement, or a non-binding declaration 

10 or letter); or 

11 (B) an expressed policy, whether expressed 

12 orally or in writing. 

13 (2) An assessment of the need to continue, 

14 modify, or discontinue each of those commitments 

15 and arrangements in view of the changing inter16 national security situation. 

17 SEC. 5. CONSULTATION WITH CONGRESS. 

18 Not later than 30 days after the date of the enact19 ment of this Act, the Secretary of State and the Secretary 

20 of Defense shall consult with the appropriate congres21 sional committees about the negotiations pursuant to the 

22 Declaration of Principles. After the initial consultation, 

23 the Secretary of State and the Secretary of Defense shall 

24 keep such committees fully and currently informed regard25 ing the status of the negotiations. Prior to finalizing any 

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1 agreement that includes a security commitment or security 

2 arrangement with Iraq, the Secretary of State should pro3 vide the text of the agreement to the appropriate congres4 sional committees. 

5 SEC. 6. PROHIBITIONS. 

6 (a) PROHIBITION ON ENTRY INTO FORCE OF CER7 TAIN AGREEMENTS.—No agreement containing a security 

8 commitment to, or security arrangement with, the Repub9 lic of Iraq, may enter into force except pursuant to Article 

10 II, section 2, clause 2 of the Constitution of the United 

11 States (relating to the making of treaties) or unless au12 thorized by a law enacted on or after the date of the enact13 ment of this Act pursuant to Article I, section 7, clause 

14 2 of the Constitution (relating to the enactment of laws). 

15 (b) PROHIBITION ON USE OF FUNDS.—No funds 

16 may be obligated or expended to implement an agreement 

17 containing a security commitment to, or security arrange18 ment with, the Republic of Iraq, unless it enters into force 

19 pursuant to Article II, section 2, clause 2 of the Constitu20 tion of the United States or is authorized by a law enacted 

21 on or after the date of the enactment of this Act pursuant 

22 to Article I, section 7, clause 2 of the Constitution. 

23 (c) POINT OF ORDER.—It shall not be in order for 

24 either House of Congress to consider any bill, resolution, 

25 amendment, or conference report that provides budget aumstockstill on PROD1PC62 with BILLS

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1 thority for the implementation of an agreement entered 

2 into in contravention of subsection (a). 

3 SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED. 

5 In this Act, the term ‘‘appropriate congressional com6 mittees’’ means— 

7 (1) the Committee on Armed Services of the 

8 Senate; 

9 (2) the Committee on Foreign Relations of the 

10 Senate; 

11 (3) the Committee on Armed Services of the 

12 House of Representatives; and 

13 (4) the Committee on Foreign Affairs of the 

14 House of Representatives. 

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