I 

111TH CONGRESS 

1ST SESSION H. R. 335 

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 HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Ms. LEE of California introduced the following bill; which was referred to the 

Committee on Foreign Affairs, and in addition to the Committees on 

Armed Services and Rules, 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 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 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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

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

3 signed the Declaration of Principles for a Long4 Term Relationship of Cooperation and Friendship 

5 Between the Republic of Iraq and the United States 

6 of America (in this Act referred to as the ‘‘Declara7 tion of Principles’’), with the goal of concluding a 

8 final agreement or agreements between the United 

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

10 the political, cultural, economic, and security 

11 spheres.’’ 

12 (2) The Declaration of Principles contemplates 

13 the United States ‘‘providing security assurances 

14 and commitments to the Republic of Iraq to deter 

15 foreign aggression.’’ 

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

17 National Defense Authorization Act for Fiscal Year 

18 1991 (50 U.S.C. 404c), the executive branch sub19 mitted a report to Congress on then-existing security 

20 commitments and arrangements. 

21 (4) The report described in paragraph (3) de22 fined a ‘‘security commitment’’ as an ‘‘obligation, 

23 binding under international law, of the United 

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

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


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1 that all current security commitments of the United 

2 States are ‘‘embodied in treaties which receive the 

3 advice and consent of the Senate.’’ 

4 (5) The report defined a ‘‘security arrange5 ment’’ as a ‘‘pledge by the United States to take 

6 some action in the event of a threat to that coun7 try’s security. Security arrangements typically oblige 

8 the United States to consult with a country in the 

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

10 in legally-binding agreements, such as treaties or ex11 ecutive agreements, or in political documents, such 

12 as policy declarations by the President, Secretary of 

13 State or Secretary of Defense.’’ 

14 (6) The United States Ambassador to Iraq, 

15 Ryan Crocker, has stated that the agreements to be 

16 concluded as anticipated by the Declaration of Prin17 ciples will ‘‘deal with the status of U.S. and coalition 

18 forces in Iraq past 2008’’ and ‘‘set the broad param19 eters of the overall bilateral relationship in every 

20 field’’. 

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

22 President and Deputy National Security Advisor for 

23 Iraq and Afghanistan, Lieutenant General Douglas 

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


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1 negotiations [under the Declaration of Principles] 

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

3 SEC. 3. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

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

6 parameters of the overall bilateral relationship [as 

7 between the United States and the Republic of Iraq] 

8 in every field,’’ particularly one that includes a secu9 rity commitment or arrangement provided to the Re10 public of Iraq by the United States, would result in 

11 serious military, political, and economic obligations 

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

13 practice, should involve a joint decision by the execu14 tive and legislative branches; and 

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

16 the Multi-National Force in Iraq (currently provided 

17 by United Nations Security Council Resolution 1790 

18 (2007)), would, in concert with Iraqi law, provide 

19 United States forces with the authorities, privileges, 

20 and immunities necessary for those forces to carry 

21 out their mission in Iraq. 

22 SEC. 4. ANNUAL REPORT ON SECURITY AGREEMENTS. 

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

24 after date of the enactment of this Act, and every Feb25 ruary 1 thereafter, the President shall submit to the apVerDate Nov 24 2008 22:53 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H335.IH H335

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1 propriate congressional committees a report (in both clas2 sified and unclassified form) on United States security 

3 commitments to, and arrangements with, other countries. 

4 (b) CONTENT.—Each report submitted under sub5 section (a) shall include the following: 

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

7 commitment to, or arrangement with, one or more 

8 other countries, whether based upon— 

9 (A) a formal document (including a mutual 

10 defense treaty, a status of forces agreement, a 

11 pre-positioning arrangement or agreement, an 

12 access agreement, or a non-binding declaration 

13 or letter); or 

14 (B) an expressed policy, whether expressed 

15 orally or in writing. 

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

17 modify, or discontinue each of those commitments 

18 and arrangements in view of the changing inter19 national security situation. 

20 SEC. 5. CONSULTATION WITH CONGRESS. 

21 Not later than 30 days after the date of the enact22 ment of this Act, the Secretary of State and the Secretary 

23 of Defense shall consult with the appropriate congres24 sional committees about the negotiations pursuant to the 

25 Declaration of Principles. After the initial consultation, 


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1 the Secretary of State and the Secretary of Defense shall 

2 keep such committees fully and currently informed regard3 ing the status of the negotiations. Prior to finalizing any 

4 agreement that includes a security commitment or security 

5 arrangement with Iraq, the Secretary of State should pro6 vide the text of the agreement to the appropriate congres7 sional committees. 

8 SEC. 6. PROHIBITIONS. 

9 (a) PROHIBITION ON ENTRY INTO FORCE OF CER10 TAIN AGREEMENTS.—No agreement containing a security 

11 commitment to, or security arrangement with, the Repub12 lic of Iraq, may enter into force except pursuant to Article 

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

14 States (relating to the making of treaties) or unless au15 thorized by a law enacted on or after the date of the enact16 ment of this Act pursuant to Article I, section 7, clause 

17 2 of the Constitution (relating to the enactment of laws). 

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

19 may be obligated or expended to implement an agreement 

20 containing a security commitment to, or security arrange21 ment with, the Republic of Iraq, unless it enters into force 

22 pursuant to Article II, section 2, clause 2 of the Constitu23 tion of the United States or is authorized by a law enacted 

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

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


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

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

3 amendment, or conference report that provides budget au4 thority for the implementation of an agreement entered 

5 into in contravention of subsection (a). 

6 SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED. 

8 In this Act, the term ‘‘appropriate congressional com9 mittees’’ means— 

10 (1) the Committee on Armed Services of the 

11 Senate; 

12 (2) the Committee on Foreign Relations of the 

13 Senate; 

14 (3) the Committee on Armed Services of the 

15 House of Representatives; and 

16 (4) the Committee on Foreign Affairs of the 

17 House of Representatives. 

Æ 


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