Operation Iraqi Freedom and Detainee Issues: Major Votes from the 110th Congress

Order Code RL34172

Operation Iraqi Freedom and Detainee Issues:

Major Votes from the 110th Congress

Updated November 27, 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 Detainee Issues:

Major Votes from the 110th Congress

Summary

Both the Iraq War and what the Bush Administration terms the Global War on

Terror (GWOT) 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 an increase 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 conference

committee action), that relate to either OIF or the Global War on Terror.

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 for Fiscal Year 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 . . . . . . . . . . . . . . . 5

Iraq War Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Establishing Benchmarks for the Iraqi Government . . . . . . . . . . . . . . . . . . . . . . 13

Authorization of Use of Military Forces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Other Legislation Concerning Iraq War Policy . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Global War on Terror (GWOT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Table 3. Legislation Concerning Funding of Iraq War . . . . . . . . . . . . . . . . . . . . 12

Table 4. Legislation Concerning Establishing Benchmarks for the

Iraqi Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Table 5. Other Legislation Concerning Iraq War Policy . . . . . . . . . . . . . . . . . . . 16

Table 6. Legislation Concerning the Global War on Terror . . . . . . . . . . . . . . . . 19

Operation Iraqi Freedom and Detainee

Issues: Major Votes from the 110th Congress

Introduction

Both the Iraq War and what the Bush Administration terms the Global War on

Terror (GWOT) 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, 2006,1 President Bush followed on January 10,

2007, with an announcement of a new strategy for the Iraq War. The President’s plan

proposed an increase 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 a 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.

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

1

Lee H. Hamilton and Lawrence S. Eagleburger, The Iraq Study Group Report (2006).

Available at [http://www.usip.org/isg/iraq_study_group_report/report/1206/index.html],

accessed November 27, 2007.

CRS-2

deployed to Iraq, while other provisions condition U.S. assistance on the Iraqi

government’s achievement of certain benchmarks of security and political

reconciliation.

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. 1545.2 Most of this legislation, however, remains in committee and has

not 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,

and Sponsor

S.Con.Res.2

01/17/07

Sen. Joseph R.

Biden, Jr.

Short Title

A concurrent

resolution

expressing the

bipartisan

resolution on

Iraq

Key Provisions

Sense of Congress that:

It is not in U.S. national interest to

increase U.S. military presence in

Iraq

Status/Votea

Motion to

invoke cloture

rejected:

0-97

02/01/07

Greater regional and international

support would help Iraqis find a

political solution

U.S. forces’ mission should

transition to border security, counterterrorism 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

2

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,

and Sponsor

H.Con.Res. 63

02/12/07

Rep. Ike Skelton

S. 470

01/31/07

Sen. Carl Levin

Short Title

Key Provisions

Disapproving

of the Decision

of the President

announced on

January 10,

2007, to deploy

more than

20,000

additional U.S.

combat troops

to Iraq

Resolved that:

A bill to

express the

sense of

Congress on

Iraq

Sense of Congress that:

Congress and the American people

continue to support the troops

Status/Votea

Passed House:

246-182

02/16/07

Congress disapproves of President

Bush’s “surge” strategy

The Senate disagrees with President

Bush’s plan to increase troop levels

in Iraq

Motion to

invoke cloture

rejected: 49-47

02/05/07

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

02/13/07

Sen. Harry Reid

A bill to

express the

sense of

Congress on

Iraq

Sense of Congress that:

Congress and the American people

continue to support the troops

Congress disapproves of President

Bush’s decision to deploy more U.S.

combat troops to Iraq

Motion to

invoke cloture

rejected: 56-34

02/17/07

CRS-4

Bill, Date

Introduced,

and Sponsor

Short Title

Key Provisions

Status/Votea

S.J.Res. 9

03/08/07

Sen. Harry Reid

U.S. Policy in

Iraq Resolution

of 2007

President shall commence

redeployment of U.S. troops from

Iraq not later than 120 days after

enactment with the goal of

redeploying all U.S. combat forces

from Iraq by March 31, 2008

Senate rejected:

48-50

03/15/07

Exception for essential troops to

protect U.S. personnel and

infrastructure, train and equip Iraqi

forces, and conduct targeted counterterrorism 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,

H.R. 2764

06/21/07

Rep.

Christopher

Shays

Department of

State, Foreign

Operations, and

Related

Programs

Appropriations

Act, 2008

Provide $1 million to the U.S. Institute

of Peace to reestablish the Iraq Study

Group

Agreed to in

House: 355-69

06-21-07

S.Amdt. 2100,

H.R. 1585

07/11/07

Sen. John

Cornyn

National

Defense

Authorization

Act for Fiscal

Year 2008

Sense of the Senate that:

Senate passed:

94-3

07/17/07

Senate should commit to a strategy

that will not leave a failed state in

Iraq

Senate should not pass legislation

that will undermine the military’s

ability to prevent a failed state in

Iraq

CRS-5

Bill, Date

Introduced,

and Sponsor

H.R. 3087

07/18/07

Rep. John

Tanner

Short Title

Key Provisions

Status/Votea

To require the

President, in

coordination

with the

Secretary of

State, the

Secretary of

Defense, the

Joint Chiefs of

Staff, and other

senior military

leaders, to

develop and

transmit to

Congress a

comprehensive

strategy for the

redeployment

of United

States Armed

Forces in Iraq

Directs the Secretary of Defense,

within 60 days after the enactment of

the act and every 90 days thereafter,

to report to the congressional defense

and appropriations committees on

the status of planning for the

redeployment of Armed Forces from

Iraq

Passed House:

377-46

10/02/07

a. Generally, it requires 60 votes to invoke cloture, or end debate, on a measure or matter in the

Senate.

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 reportedly inhibited most Army brigades from meeting some of the

established readiness criteria.

CRS-6

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.

Table 2. Legislation Regarding Reducing the Number of

U.S. Forces in Iraq and Afghanistan

Bill, Date

Introduced,

and Sponsor

H.R. 1591

03/20/07

Rep. David R.

Obey

(see also Table

3)

Short Title

Key Provisions

U.S. Troop

Readiness,

Veterans’ Care,

Katrina Recovery,

and Iraq

Accountability

Appropriations

Act, 2007

Requires the President to report by

July 1, 2007 whether the Iraqi

government is making “substantial

progress” toward meeting certain

benchmarks of improvement in

security and political reconciliation. If

substantial progress is not reported,

the withdrawal of U.S. troops from

Iraq (except for specific, limited

missions) must begin by July 1 with a

goal of being completed within 180

days. If substantial progress is

reported, the withdrawal must begin

by Oct. 1, 2007.

The withdrawal requirement exempts

units remaining in 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

Status/Votea

Passed

House:

218-212

03/23/07

Adopted

conference

report:

218-208, 2

Present

4/25/07

Passed

Senate:

51-47

03/29/07

Adopted

conference

report:

51-46

04/26/07

Veto

Override

Rejected:

222-203, 1

Present

05/02/07

CRS-7

Bill, Date

Introduced,

and Sponsor

Status/Votea

Short Title

Key Provisions

S.Amdt. 643,

H.R. 1591

03/26/07

Sen. Thad

Cochran

U.S. Troop

Readiness,

Veterans’ Care,

Katrina Recovery,

and Iraq

Accountability

Appropriations

Act, 2007

Strike language that would require

withdrawal of U.S. forces from Iraq

on a mandatory timetable

Senate

rejected:

48-50

03/27/07

S.Amdt. 1098

to S.Amdt.

1097, H.R.

1495

05/14/07

Sen. Russell D.

Feingold

Water Resources

Development Act

of 2007

Redeploy U.S. troops from Iraq

beginning no later than 120 days after

enactment

Motion on

cloture

rejected:

29-67

Amendment

withdrawn

05/16/07

H.R. 2237

5/29/07

Rep. James P.

McGovern

To provide for the

redeployment of

U.S. Armed

Forces and

defense

contractors from

Iraq

Exceptions include conducting

targeted operations against Al Qaeda

and other international terrorist

organizations, providing security for

U.S. personnel and infrastructure, and

training and equipping Iraqi security

forces

Redeployment to begin no later than

90 days after enactment and be

completed within 180 days

Funds may not be used to increase

level of U.S. troops 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

House

rejected:

171-255

05/10/07

CRS-8

Bill, Date

Introduced,

and Sponsor

Short Title

Key Provisions

Status/Votea

S.Amdt. 2012,

H.R. 1585

07/09/07

Sen. Jim Webb

National Defense

Authorization Act

for Fiscal Year

2008

Requires that period between

deployments to Iraq (or “dwell time”)

for any active component unit must be

as long as the duration of the unit’s

previous deployment

Motion on

cloture

rejected:

56-41

Amendment

withdrawn

07/11/07

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

H.R. 2956

07/10/07

Rep. Ike

Skelton

Responsible

Redeployment

from Iraq Act

Begin reduction of U.S. forces

serving in Iraq by no later than 120

days after enactment

House

passed:

223-201

07-12-07

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,

H.R. 1585

07/10/07

Sen. Chuck

Hagel

National Defense

Authorization Act

for Fiscal Year

2008

Army unit or individual may not be

deployed for more than 12

consecutive months

Marines may not be deployed for

more than seven consecutive months

President can waive these provisions

Senate

rejected:

52-45

07/11/07

CRS-9

Bill, Date

Introduced,

and Sponsor

S.Amdt.2078,

H.R. 1585

07/11/07

Sen. Lindsey

Graham

Short Title

National Defense

Authorization Act

for Fiscal Year

2008

Key Provisions

Sense of Congress that:

The goal for active components units

should be a dwell time of no less than

12 months between deployments

Status/Votea

Senate

rejected:

41-55

07/11/07

For members of the reserve

components, the goal should be a

dwell time of no less than five years

between deployments

S.Amdt.2087,

H.R. 1585

07/11/07

Sen. Carl Levin

National Defense

Authorization Act

for Fiscal Year

2008

Commence reduction of forces no

later than 120 days after enactment

Limited U.S. forces may remain in

Iraq to protect U.S. personnel and

infrastructure, train Iraqi Security

Forces, and engage in targeted

counter-terrorism activities against Al

Qaeda and other international terrorist

organizations

Motion on

cloture

rejected:

52-47

07/18/07

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

07/24/07

Rep. Ellen

Tauscher

Ensuring Military

Readiness

Through Stability

and Predictability

Deployment

Policy Act of

2007

Prohibits any unit of the regular

Armed Forces from being deployed

unless the period between the most

recent previous deployment and a

subsequent deployment is equal to or

longer than the period of the most

recent 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

Passed House:

229-194, 3

Present

08/02/07

CRS-10

Bill, Date

Introduced,

and Sponsor

Short Title

Key Provisions

Status/Votea

S.Amdt. 2909,

H.R. 1585

09/19/07

Sen. Jim Webb

National Defense

Authorization Act

for Fiscal Year

2008

[same as S.Amdt.2012, above] except

for the following changes:

Senate

rejected:

54-44

Amendment

withdrawn

09/19/07

Special Operations forces are exempt

from the dwell time requirements

Provision would take effect 120 days

after the enactment of the bill

S.Amdt. 2918,

H.R. 1585

09/19/07

Sen. John

McCain

National Defense

Authorization Act

for Fiscal Year

2008

Sense of the Senate that:

The goal for active component units

should be a dwell time no less than

the previous deployment period

Senate

rejected:

55-45

Amendment

withdrawn

09/19/07

For members of the reserve

components, the goal should be a

dwell time of no less than three years

between deployments

S.Amdt. 2924,

H.R. 1585

09/20/07

Sen. Russell

Feingold

National Defense

Authorization Act

for Fiscal Year

2008

Redeploy U.S. troops from Iraq

beginning no later than 90 days after

enactment

No funds expended for the

deployment of U.S. Armed Forces in

Iraq after June 20, 2008

Exceptions include conducting

targeted operations against Al Qaeda

and other international terrorist

organizations, providing security for

U.S. personnel and infrastructure, and

training and equipping Iraqi security

forces

Senate

rejected:

28-70

Amendment

withdrawn

09/20/07

CRS-11

Bill, Date

Introduced,

and Sponsor

Short Title

S.Amdt. 2898,

H.R. 1585

09/20/07

Sen. Carl Levin

National Defense

Authorization Act

for Fiscal Year

2008

Key Provisions

Commence reduction of forces no

later than 90 days after enactment

Reduction implemented as part of a

comprehensive diplomatic, political,

and economic strategy including

sustained engagement with Iraq’s

neighbors and international

community

Status/Votea

Senate

rejected:

47-47

Amendment

withdrawn

09/21/07

Appoint an international mediator to

Iraq under auspices of the United

Nations Security Council

Limited U.S. forces may remain in

Iraq to protect U.S. personnel and

infrastructure, train Iraqi Security

Forces, and engage in targeted

counter-terrorism activities against Al

Qaeda and other international terrorist

organizations

Complete transition of U.S. forces to

a limited presence no later than nine

months after enactment

H.R. 4156

11/13/07

Rep. David

Obey

Orderly and

Responsible Iraq

Redeployment

Appropriations

Act, 2008

Expresses the sense of Congress that

the war in Iraq should end as safely

and quickly as possible, and U.S.

troops should be brought home

Prohibits funds from being used to

deploy any U.S. military unit to Iraq

unless the President has certified such

unit as “fully mission capable”

Makes funds immediately available to

plan and execute a safe and orderly

redeployment of U.S. Armed Forces

from Iraq. Directs the President to

commence such redeployment within

30 days after this act’s enactment.

Sets as a goal to realize a limited

presence and missions by December

15, 2008

Passed

House

218 - 203, 1

Present

11/14/07

Cloture on

the motion to

proceed not

invoked in

Senate:

53-45

11/16/07

a. Generally, it requires 60 votes to invoke cloture, or end debate, on a measure or matter in the

Senate.

CRS-12

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

Sponsor

Short Title

Key Provisions

S.Con.Res. 20

03/15/07

Sen. Judd Gregg

Expressing the sense

of Congress that no

funds should be cut off

or reduced for

American troops in the

field which would

result in undermining

their safety or their

ability to complete

their assigned mission

Sense of Congress that

Congress should not take any

action that would endanger

American troops in the field,

including eliminating or

reducing funding

Passed

Senate:

82-16

03/15/07

H.R. 1591

03/20/07

Rep. David R.

Obey

(see also Table 2)

U.S. Troop Readiness,

Veterans’ Care,

Katrina Recovery, and

Iraq Accountability

Appropriations Act,

2007

Prohibits use of funds for

deploying military units if they

are not certified as fully mission

capable

Passed

House:

218-212

03/23/07

Prohibits funds from being used

for deployment after 210 days

Adopted

conference

report:

218-208, 2

Present

4/25/07

Makes funds available for

immediate redeployment

Allows presidential waiver for

national security purposes

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

Status/Vote

Passed

Senate:

51-47

03/29/07

Adopted

conference

report:

51-46

04/26/07

Veto

Override

Rejected:

222-203, 1

Present

05/02/07

H.Amdt. 186,

H.R. 1585

05/16/07

Rep. Robert E.

Andrews

National Defense

Authorization Act for

Fiscal Year 2008

Prohibits the use of funds

authorized for military

operations in Iraq and

Afghanistan from being used for

operations in Iran

House

rejected:

202-216

05/16/07

CRS-13

Bill, Date

Introduced, and

Sponsor

Short Title

Key Provisions

H.R. 3222

07/30/07

Rep. John Murtha

Department of Defense

Appropriations Act,

2008

Funds appropriated by the act

shall not be used to establish

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

Status/Vote

Passed

House:

395-13

08/05/07

Senate

passed by

voice vote:

10/03/07

House

adopted

conference

report:

400-15

11/08/07

Senate

adopted

conference

report by

voice vote:

11/08/07

S. 2340

11/13/07

Sen. Mitch

McConnell

A bill making

emergency

supplemental

appropriations for the

Department of Defense

for the fiscal year

ending September 30,

2008, and for other

purposes

Provides $70 billion in

emergency supplemental

appropriations and requires

Secretary of Defense to submit

quarterly reports to Congress on

progress toward stability in Iraq

Cloture on

the motion

to proceed

not invoked

in Senate:

45-53

11/16/07

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-14

Table 4. Legislation Concerning Establishing Benchmarks for

the Iraqi Government

Bill, Date

Introduced, and

Sponsor

H.R. 2206

05/08/07

Rep. David R.

Obey

Short Title

Key Provisions

Status/Votea

U.S. Troop

Readiness,

Veterans’ Care,

Katrina

Recovery, and

Iraq

Accountability

Appropriations

Act of 2007

(P.L. 110-28)

$52.8 billion for U.S. military

operations is available only after

the President reports, by July 13,

2007, whether Iraqi government is

achieving progress toward 16

benchmarks of security and

political reconciliation, and after

Congress approves and the

President signs a joint resolution

releasing the funds

Passed House:

221-205

05/10/07

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

Passed Senate

with an

amendment by

voice vote

05/17/07

CRS-15

Bill, Date

Introduced, and

Sponsor

Short Title

Key Provisions

Status/Votea

S.Amdt.1134,

H.R. 1495

05/15/07

Sen. John Warner

Water

Resources

Development

Act of 2007

Requires President to withhold

funding if Iraqi government fails to

meet 18 benchmarks

Motion to

invoke cloture

rejected: 52-44

05/16/07

President must submit reports

assessing status of each benchmark;

if unsatisfactory progress has been

made, then President will outline

revision of strategy

a. Generally, it requires 60 votes to invoke cloture, or end debate, on a measure or matter in the

Senate.

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.

Although legislation that would repeal the original authorization or require new

authorization to maintain U.S. forces in Iraq has been introduced in the 110th

Congress (e.g., S.Amdt. 2003 and S.Amdt. 2146 to H.R. 1585, the National Defense

Authorization Act for Fiscal Year 2008), none has been subject to a vote. (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-16

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 5. Other Legislation Concerning Iraq War Policy

Bill, Date

Introduced, and

Sponsor

Short Title

Key Provisions

Status/Vote

Senate passed:

96-2

03/15/07

Expressing the

sense of the Senate

that no action

should be taken to

undermine the

safety of the

Armed Forces of

the United States

or impact their

ability to complete

their assigned or

future missions

Sense of Senate that:

H.Amdt. 196,

H.R. 1585

05/16/07

Rep. Steve King

National Defense

Authorization Act

for Fiscal Year

2008

The provision of the bill

prohibiting establishment of

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

Rejected in

House: 201-219

05/17/07

H.Amdt. 352,

H.R. 2764

06/21/07

Rep. Frank R.

Wolf

Department of

State, Foreign

Operations, and

Related Programs

Appropriations

Act, 2008

Amendment increases funding

for assistance programs for Iraq

by $158 million

Rejected in

House: 205-219

06/21/07

S.Res.107

03/15/07

Sen. Patty Murray

Necessary funding will be

supplied for training, equipping,

and supporting U.S. troops in the

field

President and Congress should

ensure adequate medical care for

troops 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

CRS-17

Bill, Date

Introduced, and

Sponsor

Short Title

Key Provisions

Status/Vote

H.R. 2929

06/28/07

Rep. Barbara Lee

To limit the use of

funds to establish

any military

installation or base

for the purpose of

providing for the

permanent

stationing of

United States

Armed Forces in

Iraq or to exercise

United States

economic control

of the oil resources

of Iraq

Declares that it is the policy of

the United States not to establish

any military installation or base

for providing for the permanent

stationing of U.S. Armed Forces

in Iraq, and prohibits use of

funds for such installations or

bases

Passed House:

399-24

07/25/07

S.Amdt. 2934,

H.R. 1585

09/19/07

Sen. John Cornyn

National Defense

Authorization Act

for Fiscal Year

2008

Expresses the sense of the Senate

that General Petraeus deserves

the full support of the Senate and

condemns personal attacks on

Petraeus and all members of the

U.S. Armed Forces

Agreed to in

Senate:

72-25

09/20/07

S.Amdt. 2947,

H.R. 1585

09/20/07

Sen. Barbara

Boxer

National Defense

Authorization Act

for Fiscal Year

2008

Expresses the sense of the Senate

to reaffirm support for the U.S.

Armed Forces and to condemn

all personal attacks on members

of the Armed Forces

Rejected by

Senate:

50-47a

Amendment

withdrawn

09/20/07

S.Amdt.2997,

H.R. 1585

09/21/07

Sen. Joseph

Biden

National Defense

Authorization Act

for Fiscal Year

2008

Expresses the sense of the Senate

that the United States should

actively support creation of a

federal system of government in

Iraq

Agreed to in

Senate:

75-23

09/26/07

H.R. 2740

(motion to

recommit with

instructions)

10/04/07

Rep. J. Randy

Forbes

MEJA Expansion

and Enforcement

Act of 2007

Amends the bill to provide that

nothing in the act shall be

construed to affect intelligence

activities that are otherwise

permissible prior to its enactment

Motion agreed

to: 342-75

10/04/07

CRS-18

Bill, Date

Introduced, and

Sponsor

H.R. 2740

06/15/07

Rep. David E.

Price

Short Title

Key Provisions

Status/Vote

MEJA Expansion

and Enforcement

Act of 2007

Provides that federal contract

employees in an area where U.S.

forces are engaged in military

operations who engage in

activity that would be punishable

by imprisonment for more than

one year if engaged in within

U.S. jurisdiction, shall be

punished as if the activity had

occurred within U.S. jurisdiction

House passed:

389-30

10/04/07

Department of Justice Inspector

General shall report to Congress

on the status of investigations of

alleged contractor abuses

FBI shall create “Theater

Investigative Units” to

investigate allegations of

criminal misconduct by

contractor personnel in theaters

of contingency operations

H.R. 400

01/11/07

Rep. Neil

Abercrombie

War Profiteering

Prevention Act of

2007

Prohibits fraud (including

knowingly overvaluing goods or

services) under a contract in

connection with an overseas

mission of the U.S. government

Motion to

suspend the

rules and pass

the bill

agreed to:

375-5

10/09/07

a. In the affirmative, 60 votes required for passage.

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.

CRS-19

Table 6. Legislation Concerning the Global War on Terror

Bill, Date

Introduced,

and Sponsor

Status/Votea

Short Title

Key Provisions

S.Amdt. 2022,

H.R. 1585

07/09/07

Sen. Arlen

Specter

To restore habeas

corpus for those

detained by the

United States

Restores the right of habeas corpus for

detainees

Motion on

cloture

rejected:

56-43

09/19/07

S.Amdt.2351,

H.R. 2669

07/19/07

Sen. Mitch

McConnell

College Cost

Reduction Act of

2007

Expressing the sense of the Senate that

detainees housed at Guantanamo Bay,

Cuba, including senior members of Al

Qaeda, should not be released into

American society, nor should they be

transferred stateside into facilities in

American communities and

neighborhoods

Agreed to in

Senate: 94-3

07/19/07

a. Generally, it requires 60 votes to invoke cloture, or end debate, on a measure or matter in the Senate.