I 
112TH CONGRESS 
2D SESSION 
H. R. 5787 
To provide for congressional oversight of United States agreements with 
the Government of Afghanistan. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 16, 2012 
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. 
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 ‘‘Congressional Over-
sight of Afghanistan Agreements Act of 2012’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) President Barack Obama has announced an 
Enduring Strategic Partnership Agreement between 
the United States of America and the Islamic Re-
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public of Afghanistan, with the goal of concluding a 
final agreement between the United States and Af-
ghanistan by May 2, 2013. 
(2) The Agreement envisions commitments that 
directly affect the national security of the United 
States, including a commitment to assist Afghani-
stan ‘‘to deter threats against its sovereignty, secu-
rity, and territorial integrity’’. 
(3) The Agreement fails to make clear the fu-
ture basing structure of United States forces in Af-
ghanistan. 
(4) The Agreement fails to specify the future 
mission profile of United States forces in Afghani-
stan, the future number of United States forces de-
ployed to Afghanistan, and the length of deploy-
ments for United States forces in Afghanistan. 
(5) The Agreement fails to specify the extent to 
which United States military personnel and govern-
ment contractors will be accountable under the laws 
of Afghanistan. 
(6) Congress is a co-equal branch of govern-
ment and as such the extension of long-term United 
States security commitments to Afghanistan that ob-
ligates or requires the appropriation of United 
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States funds requires the full participation and con-
sent of Congress. 
(7) Under the Constitution, legislative approval 
of an international agreement can take the form ei-
ther of approval of a treaty by two-thirds of the Sen-
ate under Article II or authorization of the agree-
ment by a simple majority of both houses of Con-
gress under Article I. 
(8) Past presidential practice with regard to 
international agreements other than treaties has 
been regulated by Department of State guidelines 
that call for ‘‘due consideration’’ of ‘‘the extent to 
which the agreement involves commitments or risks 
affecting the nation as a whole,’’ ‘‘whether the 
agreement can be given effect without the enactment 
of subsequent legislation by the Congress,’’ and ‘‘the 
preference of the Congress’’. 
SEC. 3. CONCLUSION OF BILATERAL AGREEMENT WITHOUT 
CONGRESSIONAL APPROVAL. 
(a) REPORT ON JUSTIFICATION FOR DENYING CON-
GRESSIONAL ROLE IN CONCLUDING AGREEMENT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Legal Ad-
visor to the Secretary of State shall submit to Con-
gress an unclassified report providing the justifica-
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tion for the decision of the President to deny Con-
gress its constitutionally protected role by concluding 
an agreement on the future of the security relation-
ship between the United States and Afghanistan as 
an executive agreement. 
(2) LEGAL ANALYSIS OF CONSTITUTIONAL AU-
THORITY
REQUIRED.—The report required under 
paragraph (1) shall include a legal analysis of the 
constitutional powers asserted by the President in 
concluding that such an agreement does not require 
approval by Congress. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that any bilateral agreement between the United 
States and Afghanistan involving ‘‘commitments or risks 
affecting the nation as a whole’’, including a Bilateral Se-
curity Agreement, that is not a treaty approved by two- 
thirds of the Senate under Article II of the Constitution 
or authorized by legislation does not have the force of law. 
(c) PROHIBITION ON USE OF FUNDS TO CARRY OUT 
CERTAIN AGREEMENTS.—No funds may be authorized or 
appropriated to carry out any bilateral agreement between 
the United States and Afghanistan involving ‘‘commit-
ments or risks affecting the nation as a whole’’, including 
a Bilateral Security Agreement, that is not a treaty ap-
proved by two-thirds of the Senate under Article II of the 
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Constitution or authorized by legislation passed by both 
houses of Congress. 
Æ 
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