

Order Code RL34172
Operation Iraqi Freedom and the Global War on
Terror: Selected Legislation from the
110th Congress
September 17, 2007
Kim Walker Klarman and Lisa Mages
Information Research Specialists
Knowledge Services Group
Pat Towell
Specialist in U.S. Defense Budget
Foreign Affairs, Defense, and Trade Division
Operation Iraqi Freedom and the Global War on Terror:
Selected Legislation from the 110th Congress
Summary
Both the Iraq War and the Global War on Terror have been the subjects of
considerable legislative activity since the opening days of the 110th Congress. After
the Iraq Study Group released its recommendations on December 6, 2006, President
Bush followed on January 10, 2007, with an announcement of a new strategy for the
Iraq War. The President’s plan proposed a surge of 28,500 U.S. troops to help
improve security in Baghdad and counter Al Qaeda operatives in Anbar Province.
After the President’s announcement, a number of bills were introduced in the House
and Senate that reflected congressional opposition to the “surge” of U.S. forces and
that offered alternative plans for changing the U.S. forces’ mission in Iraq.
This report consists of a series of tables that summarize the legislation
concerning Operation Iraqi Freedom (OIF) considered to date during the 110th
Congress, as well as a select group of amendments to H.R. 1585, the National
Defense Authorization Act for Fiscal Year 2008 (currently awaiting Senate action),
that relate to either OIF or the Global War on Terror (GWOT).
The tables categorize the bills and amendments into the following groups based
on their principal goal: Changing U.S. Forces’ Mission; Reducing the Number of
U.S. Forces in Iraq; Restricting the Use of Funds; Conditioning U.S. Action on Iraqi
Government Benchmarks; Adjusting Legislative Authorization for the Mission;
Other Legislation Concerning Iraq War Policy; and Rules for the Treatment of
Detainees.
CRS has included the bill number, date introduced, sponsor, short title, key
provisions, and vote or status for each piece of legislation covered. Key provisions
highlight factors that could have an impact on the policy of or the course of events
in the Iraq War or the GWOT.
This report will be updated on a regular basis. For further information on Iraq
War policy and options, see also CRS Report RL31339, Iraq: Post-Saddam
Governance and Security, by Kenneth Katzman; and CRS Report RL33793, Iraq:
Regional Perspectives and U.S. Policy, coordinated by Christopher Blanchard. For
further information on the National Defense Authorization Act 2008, see also CRS
Report RL33999, Defense: FY2008 Authorization and Appropriations, by Pat
Towell, Stephen Daggett, and Amy Belasco.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Changes in the Mission of U.S. Forces in Iraq . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Reducing the Number of U.S. Troops in Iraq and Afghanistan . . . . . . . . . . . . . . . 7
Iraq War Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Establishing Benchmarks for the Iraqi Government . . . . . . . . . . . . . . . . . . . . . . 16
Authorization of Use of Military Forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Other Legislation Concerning Iraq War Policy . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Global War on Terror (GWOT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
List of Tables
Table 1. Legislation Concerning Iraq Mission Changes . . . . . . . . . . . . . . . . . . . . 2
Table 2. Legislation Regarding Reducing the Number of U.S. Forces
in Iraq and Afghanistan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Table 3. Legislation Concerning Funding of Iraq War . . . . . . . . . . . . . . . . . . . . 15
Table 4. Legislation Concerning Establishing Benchmarks
for the Iraqi Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Table 5. Legislation Regarding Authorization of Use of Military Forces . . . . . . 19
Table 6. Other Legislation Concerning Iraq War Policy . . . . . . . . . . . . . . . . . . . 20
Table 7. Legislation Concerning the Global War on Terror . . . . . . . . . . . . . . . . 23
Operation Iraqi Freedom and the Global
War on Terror: Selected Legislation from the
110th Congress
Introduction
Both the Iraq War and the Global War on Terror have been the subjects of
considerable legislative activity since the opening days of the 110th Congress. After
the Iraq Study Group released its recommendations on December 6, 2006, President
Bush followed on January 10, 2007, with an announcement of a new strategy for the
Iraq War. The President’s plan proposed a surge of 28,500 U.S. troops to help
improve security in Baghdad and in Anbar Province. After the President’s
announcement, a number of bills were introduced in the House and Senate that
reflected congressional opposition to the “surge” of U.S. forces and to an open-ended
commitment of high level of U.S. forces in Iraq, and that offered alternative plans for
changing the U.S. forces’ mission in Iraq.
This report consists of a series of tables that summarize the legislation
concerning Operation Iraqi Freedom (OIF) considered to date during the 110th
Congress, as well as a select group of amendments to H.R. 1585, the National
Defense Authorization Act for Fiscal Year 2008, that relate to either OIF or the
Global War on Terror (GWOT).
The tables categorize the bills and amendments into the following groups based
on their principal goal: Changing U.S. Forces’ Mission; Reducing the Number of
U.S. Forces in Iraq; Restricting the Use of Funds; Conditioning U.S. Action on Iraqi
Government Benchmarks; Adjusting Legislative Authorization for the Mission;
Other Legislation Concerning Iraq War Policy; and Rules for the Treatment of
Detainees.
CRS has included the bill number, date introduced, sponsor, short title, key
provisions, and vote or status for each piece of legislation covered. Key provisions
highlight factors that could have an impact on the policy of or the course of events
in the Iraq War or the GWOT.
One bill, H.R. 1591, the first version of the FY2007 supplemental
appropriations bill (which President Bush vetoed), is listed in two of the tables
(Tables 2 and 3) because it includes some provisions that fall in each of two
categories. Some provisions of the bill set readiness standards for U.S. forces
deployed to Iraq, while other provisions condition U.S. assistance on the Iraqi
government’s achievement of certain benchmarks of security and political
reconciliation.
CRS-2
Changes in the Mission of U.S. Forces in Iraq
Legislation included in this section covers those bills and amendments that
address the overall strategy for the war in Iraq or that call for changes in that strategy.
Several bills were introduced early in the 110th Congress that proposed
comprehensive changes to the U.S. mission in Iraq, such as S. 433, S. 679, H.R.
1581, and S. 1545.1 Most of this legislation, however, remained in committee and
never reached the floor for vote.
As is evident below (Table 1), the earliest legislation voted on was in direct
reaction to President Bush’s new strategy, revealed on January 10, 2007, which called
for an increase in the number of U.S. combat troops in Iraq. Most of this legislation
reflected ideas presented in the Iraq Study Group’s findings, which entailed a
comprehensive U.S. diplomatic, political, and economic strategy for dealing with the
situation in Iraq.
Table 1. Legislation Concerning Iraq Mission Changes
Bill, Date
Introduced,
Short Title
Key Provisions
Status/Vote
and Sponsor
S.Con.Res.2
A concurrent
Sense of Congress that:
Motion to
Introduced:
resolution
invoke cloture
01/17/07
expressing the
It is not in U.S. national interest to
rejected:
Sen. Joseph R.
bipartisan
increase U.S. military presence in
0-97
Biden, Jr.
resolution on
Iraq
02/01/07
Iraq
Greater regional and international
support would help Iraqis find a
political solution
U.S. forces’ mission should
transition to border security, counter-
terrorism activities, reduction of
regional interference, and
accelerated training of Iraqi forces
U.S. should shift responsibility for
internal security and halting sectarian
violence to Iraqi forces
U.S. should engage Middle Eastern
nations to develop peace process
1 The full text of these bills is available online via the Legislative Information System (LIS)
at [http://www.congress.gov/].
CRS-3
Bill, Date
Introduced,
Short Title
Key Provisions
Status/Vote
and Sponsor
H.Con.Res. 63
Disapproving
Resolved that:
Passed House:
Introduced
of the Decision
246-182
02/12/07
of the President
Congress and the American people
02/16/07
Rep. Ike Skelton
announced on
continue to support the troops
January 10,
2007, to deploy
Congress disapproves of President
more than
Bush’s “surge” strategy
20,000
additional U.S.
combat troops
to Iraq
S. 470
A bill to
Sense of Congress that:
Motion to
Introduced:
express the
invoke cloture
01/31/07
sense of
The Senate disagrees with President
rejected: 49-47
Sen. Carl Levin
Congress on
Bush’s plan to increase troop levels
02/05/07
Iraq
in Iraq
The Senate believes U.S. should
continue combating insurgency in
Anbar province
The Senate believes a failed state in
Iraq would threaten long-term U.S.
security interests
Congress should not reduce or
eliminate funding for U.S. forces in
the field, as that would undermine
their safety
U.S. military, diplomatic, and
economic strategy should not be
open-ended but conditioned on
benchmarks being met by Iraqi
government
Iraqi military should assume role of
combating sectarian violence
S. 574
A bill to
Sense of Congress that:
Motion to
Introduced:
express the
invoke cloture
02/13/07
sense of
Congress and the American people
rejected: 56-34
Sen. Harry Reid
Congress on
continue to support the troops
02/17/07
Iraq
Congress disapproves of President
Bush’s decision to deploy more U.S.
combat troops to Iraq
CRS-4
Bill, Date
Introduced,
Short Title
Key Provisions
Status/Vote
and Sponsor
S.J.Res.9
U.S. Policy in
President shall commence
Senate
Introduced:
Iraq Resolution
redeployment of U.S. troops from
Rejected: 48-50
03/08/07
of 2007
Iraq not later than 120 days after
03/15/07
Sen. Harry Reid
enactment with the goal of
redeploying all U.S. combat forces
from Iraq by March 31, 2008
Exception for essential troops to
protect U.S. personnel and
infrastructure, train and equip Iraqi
forces, and conduct targeted counter-
terrorism operations
Calls for comprehensive diplomatic,
political, and economic strategy that
includes sustained engagement with
Iraq’s neighbors and international
community
Not later than 60 days after
enactment, President shall submit
report to Congress on progress made
on transitioning mission and
implementing redeployment; report
shall be updated quarterly
H.Amdt. 353,
Department of
Provide $1 million to the U.S. Institute
Agreed to in
H.R. 2764
State, Foreign
of Peace to reestablish the Iraq Study
House: 355-69
Introduced:
Operations, and
Group
06-21-07
06/21/07
Related
Rep.
Programs
Christopher
Appropriations
Shays
Act, 2008
S.Amdt.2063,
National
Sense of Congress that:
None to date
H.R. 1585
Defense
Introduced:
Authorization
U.S. should implement
07/10/07
Act for Fiscal
recommendations of Iraq Study
Sen. Ken
Year 2008
Group regarding diplomatic efforts
Salazar
to stabilize Iraq; policies to improve
Iraq’s security and military forces,
police and criminal justice systems,
and oil sector; and efforts to
strengthen U.S. military and budget
process
It shall be U.S. policy that continued
political, military, and economic
support for Iraq be conditional on the
Iraqi government making substantial
progress toward the following
milestones:
— Establishing fair process for
considering amendments to Iraq’s
constitution that promote national
reconciliation
— Enacting legislation or
CRS-5
Bill, Date
Introduced,
Short Title
Key Provisions
Status/Vote
and Sponsor
mechanism to revise de-
Baathification laws
— Enacting legislation or binding
mechanisms to ensure sharing of
Iraqi oil revenues among all
segments of Iraqi society
— Holding free and fair provincial
elections
— Enacting legislation or other
mechanism to ensure rights of
women and minority communities
Sense of Congress that:
All U.S. combat brigades not
necessary for force protection could
be redeployed from Iraq by the first
quarter of 2008 except those
essential for protecting U.S.
personnel and infrastructure;
training, equipping, and advising
Iraqi forces; conducting targeted
counterterrorism operations; search
and rescue; and rapid reaction and
special operations
Report on actions taken to implement
policies due from President no later
than 90 days after enactment and
every 90 days thereafter
S.Amdt.2100,
National
Sense of the Senate that:
Senate passed:
H.R. 1585
Defense
94-3
Introduced:
Authorization
Senate should commit to a strategy
07/17/07
07/11/07
Act for Fiscal
that will not leave a failed state in
Sen. John
Year 2008
Iraq
Cornyn
Senate should not pass legislation
that will undermine the military’s
ability to prevent a failed state in
Iraq
S.Amdt.2145,
National
Commencing on date of enactment,
None to date
H.R. 1585
Defense
President shall immediately begin
Introduced:
Authorization
transition of U.S. mission in Iraq
07/12/07
Act for Fiscal
Sen. E.
Year 2008
U.S. forces in Iraq shall be limited
Benjamin
to: protecting U.S. personnel and
Nelson
infrastructure in Iraq, continuing
training and equipping of Iraqi
security forces, securing Iraq’s
borders, and conducting
counterterrorism operations against
Al Qaeda and other terrorist groups
Goal of completing transition and
redeployment of U.S. forces shall be
March 31, 2008
CRS-6
Bill, Date
Introduced,
Short Title
Key Provisions
Status/Vote
and Sponsor
S.Amdt.2193,
National
[Same as Amendment 2063 (Salazar,
None to date
H.R. 1585
Defense
above), with the following additional
Introduced:
Authorization
provision:]
07/13/07
Act for Fiscal
Sen. Saxby
Year 2008
Except in event of unforeseen
Chambliss
circumstances or developments,
President’s new strategy for Iraq,
announced 1/10/07, shall not be
significantly altered until General
Petraeus and Ambassador Crocker
report to Congress on the progress of
that strategy in September 2007
S.Amdt.2208,
National
President, Secretaries of Defense and
None to date
H.R. 1585
Defense
State, Joint Chiefs of Staff, and other
Introduced:
Authorization
senior military leaders shall consider
07/13/07
Act for Fiscal
all options, initiate planning, and
Sen. John
Year 2008
present plan to Congress by October
Warner
16, 2007:
— to transition U.S. combat forces
from policing civil strife or sectarian
violence in Iraq
— redeploy forces
— refocus military operations on
maintaining Iraq’s territorial
integrity, denying international
terrorists a safe haven, conducting
counterterrorism operations against
Al Qaeda, protecting U.S. forces and
facilities, and training and equipping
Iraqi forces to take responsibility for
their own security;
— address findings of Independent
Assessment of the Iraqi Security
Forces
Plans should be designed to be
executable beginning not later than
December 31, 2007
President should submit a revised
version of P.L.107-243
(Authorization for Use of Military
Force)
Sense of Congress that U.S.
Government should work with
like-minded governments to establish
a diplomatic forum related to Iraq
that meets frequently and is open to
all parties in the Middle East. In the
context of a drawdown of American
forces in Iraq, U.S. should attempt to
secure contributions of resources or
military personnel for international
efforts to stabilize Iraq’s borders
CRS-7
Bill, Date
Introduced,
Short Title
Key Provisions
Status/Vote
and Sponsor
S.Amdt.2241,
National
Sense of Senate that:
Considered, but
H.R. 1585
Defense
withdrawn:
Introduced:
Authorization
Senate should commit to a strategy
07/17/07
07/16/07
Act for Fiscal
that will not leave a failed state in Iraq
Sen. Mitch
Year 2008
McConnell
Senate should not pass legislation that
will undermine military’s ability to
prevent a failed state in Iraq
Reducing the Number of U.S. Troops in Iraq
and Afghanistan
The legislation that would reduce the number of U.S. troops falls into two
groups. One set of proposals calls for withdrawal of U.S. troops from Iraq starting at
a specific point in time, with some bills setting either a binding deadline or a
nonbinding goal for completion of the drawdown. Most of these bills exclude from
the withdrawal requirement any U.S. troops assigned to certain limited missions
including the defense of U.S. facilities and the conduct of targeted anti-terrorist
missions of limited duration.
A second set of proposals would indirectly compel a reduction in the number
of U.S. troops in Iraq by prohibiting the deployment of units that did not meet certain
standards of combat-readiness, by requiring that units be deployed for no longer than
the maximum length of time allowed by the policy of their parent service, and by
barring the return to Iraq of units previously deployed there unless they had a
minimum period of time at their home station (or “dwell time”) before the second
Iraq deployment. The Army is unable to sustain its current level of deployments in
Iraq unless units are deployed for longer periods and/or are redeployed after shorter
dwell times than Army policy dictates. Moreover, the tempo at which units have to
return to Iraq has inhibited most Army brigades from meeting some of the established
readiness criteria.
The first version of the emergency supplemental appropriations bill, H.R. 1591,
included both types of troop reduction requirements. It required a withdrawal to
proceed according to one of two alternative timetables, depending on the extent to
which the Iraqi government met certain benchmarks of security and political
reconciliation. It also prohibited the deployment of units that did not meet readiness
standards and the deployment of any unit for longer than was called for by its parent
service (365 days in the case of Army units and 210 days for Marine Corps units).
An amendment to H.R. 1591 introduced by Senator Cochran that would strike the
language setting a timetable for redeployment was defeated in the Senate by a vote
of 82-16. The bill narrowly passed both the House and the Senate in March, but was
vetoed by President Bush on May 2, 2007.
CRS-8
Table 2. Legislation Regarding Reducing the Number of U.S.
Forces in Iraq and Afghanistan
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
H.R. 1591
U.S. Troop
Requires the President to
Passed House:
Introduced:
Readiness,
report by July 1, 2007
218-212
03/20/07
Veterans’ Care,
whether the Iraqi government
03/23/07
Rep. David R.
Katrina
is making “substantial
Obey
Recovery, and
progress” toward meeting
Adopted
(see also Table 3)
Iraq
certain benchmarks of
conference report:
Accountability
improvement in security and
218-208
Appropriations
political reconciliation. If
4/25/07
Act, 2007
substantial progress is not
reported, the withdrawal of
Passed Senate:
U.S. troops from Iraq (except
51-47
for specific, limited missions)
03/29/07
must begin by July 1 with a
goal of being completed
Adopted
within 180 days. If substantial
conference report:
progress is reported, the
51-46
withdrawal must begin by
04/26/07
Oct. 1, 2007.
Veto Override
The withdrawal requirement
Rejected: 222-203
exempts units remaining in
05/02/07
Iraq for protection of U.S.
diplomatic facilities and
citizens, for customary
diplomatic positions, for
targeted operations of limited
duration against terrorist
organizations with global
reach, and for training and
equipping Iraqi security
forces
No funds may be used to
deploy to Iraq a unit not rated
“fully mission capable,” to
deploy any Army unit for
more than 35 days, or to
deploy a Marine Corps unit
for more than 210 days
The President may waive the
readiness requirement and
deployment time limits on
grounds of national security
CRS-9
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Amdt.643, H.R.
U.S. Troop
Strike language that would
Senate rejected:
1591
Readiness,
require withdrawal of U.S.
48-50
Introduced:
Veterans’ Care,
forces from Iraq on a
03/27/07
03/26/07
Katrina
mandatory timetable
Sen. Thad Cochran
Recovery, and
Iraq
Accountability
Appropriations
Act, 2007
S.Amdt.1098 to
Water Resources
Redeploy U.S. troops from
Motion on cloture
S.Amdt.1097,
Development
Iraq beginning no later than
rejected: 29-67
H.R. 1495
Act of 2007
120 days after enactment
Amendment
Introduced:
withdrawn
05/14/07
Exceptions include
05/16/07
Sen. Russell D.
conducting targeted
Feingold
operations against Al Qaeda
and other international
terrorist organizations,
providing security for U.S.
personnel and infrastructure,
and training and equipping
Iraqi security forces
H.R. 2237
To provide for
Redeployment to begin no
House rejected:
Introduced: 5/29/07
the
later than 90 days after
171-255
Rep. James P.
redeployment of
enactment and be completed
05/10/07
McGovern
U.S. Armed
within 180 days
Forces and
defense
Funds may not be used to
contractors from
increase level of U.S. troops
Iraq
from that number in place as
of January 1, 2007
Some exceptions for retaining
limited U.S. armed forces in
Iraq for diplomatic security,
targeted terrorist actions,
training Iraqi Security Forces,
etc.
All military facilities must be
turned over to Iraq
government
CRS-10
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Amdt.2012,
National
Requires that period between
Motion on cloture
H.R. 1585
Defense
deployments to Iraq (or
rejected: 56-41
Introduced:
Authorization
“dwell time”) for any active
Amendment
07/09/07
Act for Fiscal
component unit must be as
withdrawn
Sen. Jim Webb
Year 2008
long as the duration of the
07/11/07
unit’s previous deployment
Sense of Congress that the
optimum dwell time between
deployments for any active
component unit is at least
twice the duration of the
previous deployment
Requires that the dwell time
between deployments to Iraq
for any reserve component
unit must be at least three
years
Sense of Congress that no
reserve component unit
should be mobilized for
deployment to Iraq for longer
than one year at a time or
within five years of its
previous mobilization. Sets
out optimal periods of
deployment for U.S. military
troops and reservists as well
as periods between
deployment.
CRS-11
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Amdt.2058,
National
Seek appointment of an
None to date
H.R. 1585
Defense
international mediator in Iraq
Introduced:
Authorization
under auspices of the United
07/10/07
Act for Fiscal
Nations Security Council
Sen. Chuck Hagel
Year 2008
Begin phased redeployment
no later than 120 days after
enactment with goal of
completion by March 31,
2008
Exceptions for a limited
number of U.S. combat forces
in Iraq for protecting U.S.
diplomatic facilities and
citizens, serving in diplomatic
positions, training and
equipping ISF, engaging in
targeted actions against Al
Qaeda and other global
terrorist organizations, and
protecting territorial integrity
of Iraq
Presidential waiver -
President may submit written
certification to Congress
setting forth detailed
justification
Presidential report required
updating diplomatic and
political measures
undertaken, including
description of progress made
in transitioning the mission
S.Amdt.2028,
National
Not later than 60 days after
None to date
H.R. 1585
Defense
enactment, President to
Introduced:
Authorization
submit comprehensive plan
07/10/07
Act for Fiscal
for rapid redeployment of
Sen. Robert C.
Year 2008
U.S. forces from Iraq, and
Byrd
phased redeployment of U.S.
forces from Iraq, with
redeployment to be completed
no later than 180 days after
commencement
CRS-12
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
H.R. 2956
Responsible
Begin reduction of U.S.
House passed:
Introduced:
Redeployment
forces serving in Iraq by no
223-201
07/10/07
from Iraq Act
later than 120 days after
07-12-07
Rep. Ike Skelton
enactment
Complete reduction to a
limited presence in Iraq by no
later than April 1, 2008
President to submit
comprehensive strategy for
Iraq to Congress by January
1, 2008 and quarterly
thereafter, including number
of troops deployed to Iraq and
the mission for which they
were deployed
S.Amdt.2032,
National
Army unit or individual may
Senate rejected:
H.R. 1585
Defense
not be deployed for more than
52-45
Introduced: 7/10/07
Authorization
12 consecutive months
07/11/07
Sen. Chuck Hagel
Act for Fiscal
Year 2008
Marines may not be deployed
for more than seven
consecutive months
President can waive these
provisions
S.Amdt.2078,
National
Sense of Congress that:
Senate rejected:
H.R. 1585
Defense
41-55
Introduced:
Authorization
The goal for active
07/11/07
07/11/07
Act for Fiscal
components units should be a
Sen. Lindsey
Year 2008
dwell time of no less than 12
Graham
months between deployments
For members of the reserve
components, the goal should
be a dwell time of no less than
five years between
deployments
CRS-13
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Amdt.2171,
National
President shall commence
None to date
H.R. 1585
Defense
redeployment of U.S. forces
Introduced:
Authorization
from Iraq no later than 120
07/12/07
Act for Fiscal
days after enactment
Sen. Russell D.
Year 2008
Feingold
Funds may not be obligated
or expended to continue the
deployment after March 31,
2008
Exceptions for limited
purposes:
Conduct targeted operations
against Al Qaeda and other
international terrorist
organizations, provide
security for U.S. personnel
and infrastructure, and train
and equip Iraqi security
services
S.Amdt.2263,
National
Extend from 15 days to 20
None to date
H.R. 1585
Defense
days the maximum duration
(Earlier version
Authorization
of post-deployment rest and
S.Amdt.2027)
Act for Fiscal
recuperation leave for
Introduced:
Year 2008
personnel deployed for more
07/16/07
than one year
Sen. Mark L. Pryor
CRS-14
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Amdt.2275,
National
Commence reduction of
None to date on
H.R. 1585
Defense
forces no later than 120 days
S.Amdt.2274 and
(similar versions of
Authorization
after enactment
2275
this amendment
Act for Fiscal
submitted by Sen.
Year 2008
Limited U.S. forces may
Motion on cloture
Levin include 2087
remain in Iraq to protect U.S.
rejected for
and 2274)
personnel and infrastructure,
S.Amdt.2087: 52-
Introduced
train Iraqi Security Forces,
47
S.Amdt.2274 and
and engage in targeted
07/18/07
S.Amdt.2275:
counter-terrorism activities
07/17/07
against Al Qaeda and other
Introduced
international terrorist
S.Amdt.2087:
organizations
07/11/07
Sen. Carl Levin
Complete transition of U.S.
forces to a limited presence
by April 30, 2008
Reduction implemented as
part of a comprehensive
diplomatic, political, and
economic strategy including
sustained engagement with
Iraq’s neighbors and
international community
Appoint an international
mediator to Iraq under
auspices of the United
Nations Security Council
H.R. 3159
Ensuring
Prohibits any unit of the
Passed House:
Introduced:
Military
regular Armed Forces from
229/194, 3 Present
07/24/07
Readiness
being deployed unless the
08/02/07
Rep. Ellen
Through
period between the most
Tauscher
Stability and
recent previous deployment
Predictability
and a subsequent deployment
Deployment
is equal to or longer than the
Policy Act of
period of the most recent
2007
previous deployment
Prohibits any unit of the
reserves from being deployed
unless the period between the
most recent previous
deployment and a subsequent
deployment is at least three
times longer than the period
of the most recent previous
deployment
Provides for exceptions and
presidential waivers for these
deployment requirements
CRS-15
Iraq War Funding
The legislation in Table 3 concerns the use of congressionally authorized and
appropriated funds for the war in Iraq. The bills range from prohibiting funding for
extended deployments to restricting funds being used for operations in Iran.
Table 3. Legislation Concerning Funding of Iraq War
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Con.Res.20
Expressing the sense
Sense of Congress
Passed Senate: 82-16
Introduced: 03/15/07
of Congress that no
that Congress should
03/15/07
Sen. Judd Gregg
funds should be cut
not take any action
off or reduced for
that would endanger
American troops in
American troops in
the field which would
the field, including
result in undermining
eliminating or
their safety or their
reducing funding
ability to complete
their assigned
mission
H.R. 1591
U.S. Troop
Prohibits use of
Passed House:
Introduced: 03/20/07
Readiness, Veterans’
funds for deploying
218-212
Rep. David R. Obey
Care, Katrina
military units if they
03/23/07
(see also Table 2)
Recovery, and Iraq
are not certified as
Accountability
fully mission capable
Adopted conference
Appropriations Act,
report: 218-208
2007
Prohibits funds from
4/25/07
being used for
deployment after 210
Passed Senate: 51-47
days
03/29/07
Makes funds
Adopted conference
available for
report: 51-46
immediate
04/26/07
redeployment
Veto Override
Allows presidential
Rejected:
waiver for national
222-203
security purposes
05/02/07
Prohibits
redeployment of
Army units that have
served within the past
365 days and
Marines who have
served within the past
210 days
Specific benchmarks
for Iraqi government
that must be certified
by President Bush
CRS-16
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
H.Amdt. 186,
National Defense
Prohibits the use of
House rejected:
H.R. 1585
Authorization Act for
funds authorized for
202-216
Introduced: 05/16/07
Fiscal Year 2008
military operations in
05/16/07
Rep. Robert E.
Iraq and Afghanistan
Andrews
from being used for
operations in Iran
H.R. 3222
Department of
Funds appropriated
Passed House: 395-
Introduced: 07/30/07
Defense
by the act shall not
13
Rep. John Murtha
Appropriations Act,
be used to establish
08/05/07
2008
any military
installation or base
for the purpose of
providing for the
permanent stationing
of United States
Armed Forces in Iraq
or to exercise U.S.
control over Iraqi oil
resources
After FY2008, any
request for funds for
an ongoing military
operation overseas,
including operations
in Afghanistan and
Iraq, shall be
included in the
annual budget of the
President
Establishing Benchmarks for the Iraqi Government
Legislation that specifically addressed the issue of the Iraqi government meeting
benchmarks of improved security and political reconciliation is listed below. Several
other pieces of legislation covered in the sections above entitled “Mission in Iraq”
and “Redeployment” also had benchmarks as part of their criteria. The pieces below
differ in that benchmarks are the centerpiece of these particular bills.
For additional information about the benchmarks, see CRS Report RS21968,
Iraq: Government Formation and Benchmarks, by Kenneth Katzman.
CRS-17
Table 4. Legislation Concerning Establishing Benchmarks for
the Iraqi Government
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
H.R. 2206
U.S. Troop
$52.8 billion for U.S. military
Passed House:
Introduced:
Readiness,
operations is available only after
221-205
05/08/07
Veterans’ Care,
the President reports, by July 13,
05/10/07
Rep. David R. Obey
Katrina
2007, whether Iraqi government
Recovery, and
is achieving progress toward 16
Iraq
benchmarks of security and
Accountability
political reconciliation, and after
Appropriations
Congress approves and the
Act of 2007
President signs a joint resolution
releasing the funds
No unit may be deployed not
fully mission capable (President
may waive this limit)
No Army unit may be deployed
for longer than 365 days or
redeployed within 365 days of a
previous deployment; nor may a
Marine Corps unit be deployed
for longer than 270 days or
redeployed within 270 days of a
previous deployment (President
may waive these limits)
Sense of Congress that, as Iraqi
security forces achieve
proficiency in independent
combat operations, U.S. forces
should be withdrawn. Requires
monthly reports by President on
capability of Iraqi security
forces.
Requires independent, private
sector assessment of Iraqi
security forces
No funds may be used for
permanent stationing of U.S.
forces in Iraq or to exercise
control over Iraq’s oil resources
No funds may be used in
contravention of U.S. laws
implementing the United Nations
Torture Convention
CRS-18
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Amdt.1134, H.R.
Water
Requires President to withhold
Motion to
1495
Resources
funding if Iraqi government fails
invoke cloture
Introduced:
Development
to meet 18 benchmarks
rejected: 52-44
05/15/07
Act of 2007
05/16/07
Sen. John Warner
President must submit reports
assessing status of each
benchmark; if unsatisfactory
progress has been made, then
President will outline revision of
strategy
Authorization of Use of Military Forces
The Authorization for the Use of Military Force Against Iraq Resolution of 2002
(P.L. 107-243) was passed by Congress and signed by the President on October 16,
2002. The legislation requires the President to submit mandatory reports to
Congress, but does not include a time limit on deployment of U.S. troops or criteria
for deciding when to withdraw them. It appears that the legislation authorizes the
President to use force as long as Iraq remains a threat to the United States and the
U.S. presence does not conflict with relevant U.N. resolutions. The legislation
discussed below would repeal the original authorization or require new authorization
to maintain U.S. forces in Iraq. (For further background information, please see CRS
Report RL33837, Congressional Authority to Limit U.S. Military Operations in Iraq,
by Jennifer K. Elsea, Michael John Garcia, and Thomas J. Nicola.)
CRS-19
Table 5. Legislation Regarding Authorization of Use
of Military Forces
Bill, Date
Introduced,
Short Title
Specific Provisions
Vote
and Sponsor
S.Amdt.2003,
National Defense
Prohibits interpretation of Act as
None to
H.R. 1585
Authorization Act
authorizing the President to maintain
date
Introduced:
for Fiscal Year
U.S. forces in Iraq
07/09/07
2008
Sen. Robert C.
Byrd
S.Amdt.2146,
National Defense
Amends Authorization for Use of
None to
H.R. 1585
Authorization Act
Military Force Against Iraq Resolution of
date
Introduced:
for Fiscal Year
2002 by inserting expiration date of
07/12/07
2008
October 11, 2007
Sen. Robert C.
Byrd
To conduct further military operations in
Iraq that do not relate to withdrawal of
U.S. forces from Iraq, President shall be
required to request new authorization
from Congress and to articulate in detail
the mission, strategy, and goals of
continued U.S. military presence in Iraq
Any funds made available for the
Department of Defense are immediately
available for the planning and execution
of the redeployment of U.S. Armed
Forces from Iraq
S.Amdt.2351,
College Cost
Expressing the sense of the Senate that
Agreed to
H.R. 2669
Reduction Act of
detainees housed at Guantanamo Bay,
in Senate:
Introduced:
2007
Cuba, including senior members of Al
94-3
07/19/07
Qaeda, should not be released into
07/19/07
Sen. Mitch
American society, nor should they be
McConnell
transferred stateside into facilities in
American communities and
neighborhoods
CRS-20
Other Legislation Concerning Iraq War Policy
This group of legislation covers a broad range of topics ranging from the
medical care and equipping of U.S. troops, to relocation of endangered Iraqi citizens,
to control of Iraqi oil resources and establishment of permanent U.S. bases in Iraq.
Table 6. Other Legislation Concerning Iraq War Policy
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Res.107
Expressing the
Sense of Senate that:
Senate passed: 96-2
Introduced: 03/15/07
sense of the Senate
03/15/07
Sen. Patty Murray
that no action
Necessary funding will
should be taken to
be supplied for
undermine the
training, equipping,
safety of the Armed
and supporting U.S.
Forces of the
troops in the field
United States or
impact their ability
President and Congress
to complete their
should ensure adequate
assigned or future
medical care for troops
missions
returning from Iraq
President and Congress
should ensure that U.S.
troops have what they
need to perform
successfully in Iraq and
that U.S. strategy is
adjusted as necessary
to ensure success in
Iraq
H.Amdt. 196,
National Defense
The provision of the
Rejected in House:
H.R. 1585
Authorization Act
bill prohibiting
201-219
Introduced: 05/16/07
for Fiscal Year
establishment of
05/17/07
Rep. Steve King
2008
permanent military
bases in Iraq is not to
be construed to prevent
the United States from
entering into a basing
rights agreement with
Iraq for the
establishment of
temporary bases
H.Amdt. 352,
Department of
Amendment increases
Rejected in House:
H.R. 2764
State, Foreign
funding for assistance
205-219
Introduced: 06/21/07
Operations, and
programs for Iraq by
06/21/07
Rep. Frank R. Wolf
Related Programs
$158 million
Appropriations
Act, 2008
CRS-21
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Amdt.2097,
National Defense
Secretary of Defense
None to date
H.R. 1585
Authorization Act
shall submit to
Introduced:07/11//07
for FY 2008
Congress a report on
Sen. Sherrod Brown
the cost of
reestablishing the
readiness status of the
Armed Forces to its
status before the Iraq
war in 2003
Report shall be
submitted no later than
the date the President’s
budget is submitted to
Congress for FY2009
S.Amdt.2228,
National Defense
Authorizes the use of
None to date
H.R. 1585
Authorization Act
funds from the
Introduced: 07/16/07
for Fiscal Year
Commanders’
Sen. Sam Brownback
2008
Emergency Response
Program to facilitate
relocation of Iraqi
individuals and
families who are
targets of violence
because they are of a
sect that is a minority
in the region where
they currently reside
S.Amdt.2242,
National Defense
Sense of the Senate
None to date
H.R. 1585
Authorization Act
that:
Introduced: 07/16/07
for Fiscal Year
Sen. Joseph R.
2008
President should
Biden, Jr.
communicate to the
Iraqi people that U.S.
does not seek control
of Iraq’s oil resources
or seek permanent U.S.
military bases in Iraq
Secretary of Defense
shall submit report to
Congress within 90
days of enactment and
semi-annually
thereafter until
01/01/09, on status of
U.S. military
installations in Iraq
CRS-22
Bill, Date
Introduced, and
Short Title
Key Provisions
Status/Vote
Sponsor
S.Amdt.2311,
National Defense
[Primary emphasis of
None to date
H.R. 1585
Authorization Act
bill is on strengthening
Introduced: 07/17/07
for Fiscal Year
troops and capabilities
Sen. Mary L.
2008
in Afghanistan, but
Landrieu
calls for use of U.S.
forces redeploying
from Iraq]
As United States
begins draw down of
forces in Iraq, forces
should be repositioned
to Afghanistan
Each unit of Armed
Forces deployed in
Operation Iraqi
Freedom or Operation
Enduring Freedom
should be fully combat
ready under established
criteria before being
deployed
CRS-23
Global War on Terror (GWOT)
The legislation in Table 7 directly addresses the treatment of detainees and their
rights under the Geneva Convention, as well as the U.S. Constitution. One
amendment also proposes closing the Department of Defense’s detention center at
Guantanamo Bay, Cuba.
Table 7. Legislation Concerning the Global War on Terror
Bill, Date
Introduced,
Short Title
Key Provisions
Status/Vote
and Sponsor
S.Amdt.
To restore habeas
Restores the right of habeas corpus
None to date
2022,
corpus for those
for detainees
H.R. 1585
detained by the
Introduced:
United States
07/09/07
Sen. Arlen
Specter
S.Amdt.
To strike section
Strike section 1023 of the bill, which
None to date
2064, H.R.
1023, relating to
would establish additional procedural
1585
the granting of
safeguards for detainees tried by
Introduced:
civil rights to terror
military tribunals
7/10/07
suspects
Sen. Lindsey
Graham
S.Amdt.
Restoring the
Would establish additional procedural
None to date
2083,
Constitution Act of
safeguards for detainees and would
H.R. 1585
2007
provide that the Geneva Conventions
Introduced:
will prevail over any sections of Act
07/11/07
that might not be consistent with
Sen.
obligations of United States under the
Christopher J.
Geneva Convention
Dodd
S.Amdt.2125,
To require the
Requires closing of Department of
None to date
H.R. 1585
President to close
Defense detention facility at
Introduced:
the Department of
Guantanamo Bay, Cuba, not later
07/11/07
Defense detention
than one year after date of enactment
Sen. Dianne
facility at
Feinstein
Guantanamo Bay,
No detainee may be transferred to a
Cuba
facility located outside the continental
United States
President to submit report to
Congress no later than 90 days after
enactment describing plans to close
facility and legal justification for
continuing to detain any individual
under such plan
CRS-24
Bill, Date
Introduced,
Short Title
Key Provisions
Status/Vote
and Sponsor
S.Amdt.2239,
To prohibit the
No person in the custody or control of
None to date
H.R. 1585
expulsion, return,
any U.S. department, agency, officer
Introduced
or extradition of
or employee, or contractor thereof,
07/16/07
persons by the
shall be expelled, returned, or
Sen. Arlen
United States to
extradited to another country unless
Specter
countries engaging
such person is being legally
in torture
extradited and has recourse to a U.S.
court to challenge such extradition or
removal.
Person has recourse to an appropriate
U.S. district court in case of transfer
from U.S. territory
Transfer from one foreign country to
another must have prior approval of
the Foreign Surveillance Court
If the legal basis for detaining person
to be transferred no longer applies,
person shall be released unless the
attorney for the appropriate
government agency first obtains a
warrant from a U.S. district court
authorizing continued detention
Secretary of State shall submit to
Congress on an annual basis a report
listing each country where torture is
known to be used
S.Amdt.2296,
To require that a
To require that a detainee is provided
None to date
H.R. 1585
detainee is
an unclassified summary of the
Introduced:
provided an
classified evidence admitted in a
07/17/07
unclassified
tribunal against the detainee
Sen.
summary of the
Christopher S.
classified evidence
Bond
S.Amdt.2297,
To require that
To require that detainees are afforded
None to date
H.R. 1585
detainees are
a reasonable opportunity to obtain
Introduced:
afforded a
witnesses and other evidence in a
07/17/07
reasonable
manner that is consistent with the
Sen.
opportunity to
procedures to obtain witnesses and
Christopher
obtain witnesses
other evidence under section 949j of
S. Bond
and other evidence
title 10, United States Code
S.Amdt.2351,
College Cost
Expressing the sense of the Senate
Agreed to in
H.R. 2669
Reduction Act of
that detainees housed at Guantanamo
Senate: 94-3
Introduced:
2007
Bay, Cuba, including senior members
07/19/07
07/19/07
of Al Qaeda, should not be released
Sen. Mitch
into American society, nor should
McConnell
they be transferred stateside into
facilities in American communities
and neighborhoods