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 secu-
rity commitment or arrangement is concluded as a treaty 
or is approved by Congress. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Iraq Security Agree-
ment Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) On November 26, 2007, President George 
W. Bush and Prime Minister of Iraq Nouri al-Maliki 
signed the Declaration of Principles for a Long- 
Term Relationship of Cooperation and Friendship 
Between the Republic of Iraq and the United States 
of America (in this Act referred to as the ‘‘Declara-
tion of Principles’’), with the goal of concluding a 
final agreement or agreements between the United 
States and Iraq by July 31, 2008, ‘‘with respect to 
the political, cultural, economic, and security 
spheres.’’ 
(2) The Declaration of Principles contemplates 
the United States ‘‘providing security assurances 
and commitments to the Republic of Iraq to deter 
foreign aggression.’’ 
(3) In 1992, pursuant to section 1457 of the 
National Defense Authorization Act for Fiscal Year 
1991 (50 U.S.C. 404c), the executive branch sub-
mitted a report to Congress on then-existing security 
commitments and arrangements. 
(4) The report described in paragraph (3) de-
fined a ‘‘security commitment’’ as an ‘‘obligation, 
binding under international law, of the United 
States to act in the common defense in the event of 
an armed attack on that country.’’ The report noted 
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that all current security commitments of the United 
States are ‘‘embodied in treaties which receive the 
advice and consent of the Senate.’’ 
(5) The report defined a ‘‘security arrange-
ment’’ as a ‘‘pledge by the United States to take 
some action in the event of a threat to that coun-
try’s security. Security arrangements typically oblige 
the United States to consult with a country in the 
event of a threat to its security. They may appear 
in legally-binding agreements, such as treaties or ex-
ecutive agreements, or in political documents, such 
as policy declarations by the President, Secretary of 
State or Secretary of Defense.’’ 
(6) The United States Ambassador to Iraq, 
Ryan Crocker, has stated that the agreements to be 
concluded as anticipated by the Declaration of Prin-
ciples will ‘‘deal with the status of U.S. and coalition 
forces in Iraq past 2008’’ and ‘‘set the broad param-
eters of the overall bilateral relationship in every 
field’’. 
(7) On November 26, 2007, Assistant to the 
President and Deputy National Security Advisor for 
Iraq and Afghanistan, Lieutenant General Douglas 
Lute, stated, ‘‘We don’t anticipate now that these 
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negotiations [under the Declaration of Principles] 
will lead to . . . formal inputs from Congress.’’ 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) any agreement that sets forth the ‘‘broad 
parameters of the overall bilateral relationship [as 
between the United States and the Republic of Iraq] 
in every field,’’ particularly one that includes a secu-
rity commitment or arrangement provided to the Re-
public of Iraq by the United States, would result in 
serious military, political, and economic obligations 
for the United States, and thus, consistent with past 
practice, should involve a joint decision by the execu-
tive and legislative branches; and 
(2) a short-term extension of the mandate of 
the Multi-National Force in Iraq (currently provided 
by United Nations Security Council Resolution 1790 
(2007)), would, in concert with Iraqi law, provide 
United States forces with the authorities, privileges, 
and immunities necessary for those forces to carry 
out their mission in Iraq. 
SEC. 4. ANNUAL REPORT ON SECURITY AGREEMENTS. 
(a) REPORTS REQUIRED.—Not later than 180 days 
after date of the enactment of this Act, and every Feb-
ruary 1 thereafter, the President shall submit to the ap-
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propriate congressional committees a report (in both clas-
sified and unclassified form) on United States security 
commitments to, and arrangements with, other countries. 
(b) CONTENT.—Each report submitted under sub-
section (a) shall include the following: 
(1) The text, and a description, of each security 
commitment to, or arrangement with, one or more 
other countries, whether based upon— 
(A) a formal document (including a mutual 
defense treaty, a status of forces agreement, a 
pre-positioning arrangement or agreement, an 
access agreement, or a non-binding declaration 
or letter); or 
(B) an expressed policy, whether expressed 
orally or in writing. 
(2) An assessment of the need to continue, 
modify, or discontinue each of those commitments 
and arrangements in view of the changing inter-
national security situation. 
SEC. 5. CONSULTATION WITH CONGRESS. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of State and the Secretary 
of Defense shall consult with the appropriate congres-
sional committees about the negotiations pursuant to the 
Declaration of Principles. After the initial consultation, 
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the Secretary of State and the Secretary of Defense shall 
keep such committees fully and currently informed regard-
ing the status of the negotiations. Prior to finalizing any 
agreement that includes a security commitment or security 
arrangement with Iraq, the Secretary of State should pro-
vide the text of the agreement to the appropriate congres-
sional committees. 
SEC. 6. PROHIBITIONS. 
(a) PROHIBITION ON ENTRY INTO FORCE OF CER-
TAIN AGREEMENTS.—No agreement containing a security 
commitment to, or security arrangement with, the Repub-
lic of Iraq, may enter into force except pursuant to Article 
II, section 2, clause 2 of the Constitution of the United 
States (relating to the making of treaties) or unless au-
thorized by a law enacted on or after the date of the enact-
ment of this Act pursuant to Article I, section 7, clause 
2 of the Constitution (relating to the enactment of laws). 
(b) PROHIBITION ON USE OF FUNDS.—No funds 
may be obligated or expended to implement an agreement 
containing a security commitment to, or security arrange-
ment with, the Republic of Iraq, unless it enters into force 
pursuant to Article II, section 2, clause 2 of the Constitu-
tion of the United States or is authorized by a law enacted 
on or after the date of the enactment of this Act pursuant 
to Article I, section 7, clause 2 of the Constitution. 
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