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

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/crs%3ARL34172

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** November 27, 2007
- **Citation:** RL34172

## Text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL34172. Public record. Not legal advice.