CQ TODAY ONLINE NEWS
– FOREIGN POLICY
Oct. 22, 2008 – 4:41 p.m.
Senate Democrats Would Put U.S.-Iraq Agreement to a Vote
By John M. Donnelly, CQ Staff
Influential Senate Democrats will push next year for congressional ratification of a U.S.-Iraq security agreement that would govern the future presence of U.S. troops in that country.
Virginia Democrat Jim Webb said Wednesday that he would push for the Senate to approve a bill requiring congressional approval of this security pact. Senior lawmakers, such as Joseph R. Biden Jr. of Delaware, the Democratic vice presidential nominee and the chairman of the Senate Foreign Relations Committee, Appropriations Chairman Robert C. Byrd of West Virginia, and Armed Services Chairman Carl Levin of Michigan have indicated in the past their support for such a bill.
Webb has been a leading advocate of the view that Congress has a right and responsibility to vote its approval or disapproval of the pact. The 110th Congress instead has declined to assert that role and has insisted only that they review the agreement.
Although Webb is a first term senator, the former Navy secretary and member of the Armed Services and Foreign Relations panels exercises considerable sway over his colleagues on national-security issues.
“Even if this agreement is signed by the administration and the Iraqi government, does it really have the force of law from the perspective of the U.S. government?” he said in an interview Wednesday.
Webb does not think Congress will change its position during a lame-duck session expected to occur in November. But he said that he plans to press on in early 2009 for a requirement that Congress ratify the pact.
U.S. officials have told Webb that the 2002 resolution (PL 107-243) authorizing the use of force in Iraq gives the administration the power to negotiate a security agreement with Iraq without congressional approval.
“I don’t think that holds up,” Webb said. “I don’t know of another situation in our history where we have defined our relationship with another country purely through an executive agreement.”
Webb said he hopes Senate leaders will back him up in his campaign.
“The question is whether the leadership will perceive this as an issue worthy of the attention of the full Senate and the full Congress,” he said.
The U.S.-led military coalition has operated in Iraq under a U.N. resolution that expires on Dec. 31, 2008. Without a replacement agreement, U.S. troops after that date would have to stay on their bases, Defense Secretary Robert M. Gates told reporters Tuesday.
The U.S. and Iraqi governments have negotiated a final draft of a new agreement that would take effect at the start of 2009. It consists of an overall security agreement defining the military relations between the two nations and a narrower “status of forces” agreement, setting forth the legal ground rules for U.S. military operations.
While the U.S. Congress is not bound to ratify the agreement, the Iraqi parliament must do so. Several Iraqi cabinet members said this week the draft pact should be renegotiated to firm up the date when U.S. forces will withdraw from Iraq.
Senate Democrats Would Put U.S.-Iraq Agreement to a Vote
As it now stands, the agreement reportedly would call for withdrawal of U.S. forces from Iraqi cities in 2008 and their departure from the country by the end of 2011, unless the two nations agree before then to a separate pact calling for some U.S. forces to remain for training and support functions.
Some Iraqi politicians would like the withdrawal deadline to be more definitive, and they would like a new round of negotiation on this and a few other points. Gates said revisions are not likely.
U.S. Lawmakers Wary Of Iraq Courts
Some U.S. lawmakers, including the chairmen of the House and Senate Armed Services committees, have objected to another part of the agreement that would allow Iraqi courts jurisdiction over certain felonies committed by U.S. forces and defense contractors when they are off duty and off base.
The lawmakers are concerned that U.S. forces would be subject to the whims of an inchoate Iraqi legal system. Bush administration officials say it is highly unlikely that U.S. military personnel would be subject to such prosecutions because they are rarely off duty and off base.
The defense authorization law (PL 110-417), which President Bush signed into law on Oct. 14, requires that Congress review the accord. Congressional aides were shown the agreement’s text during a White House briefing on Oct. 17, but few members have seen the language. Webb planned to read the document, which is classified, on Wednesday.
Lawmakers who wrote the final version of the authorization bill balked at insisting on congressional approval of the security deal. They dropped a House-passed provision by Barbara Lee , D-Calif., that would have required congressional approval of any pact that committed the U.S. military to defend Iraq. The White House had threatened a veto over the provision.




POST A COMMENT
Oops! The following errors must be addressed: