On November 26, 2007, U.S. President George W. Bush and Iraqi Prime Minister Nouri Kamel Al-Maliki signed a Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America. Pursuant to this Declaration, the parties pledged to “begin as soon as possible, with the aim to achieve, before July 31, 2008, agreements between the two governments with respect to the political, cultural, economic, and security spheres.” Among other things, the Declaration proclaims the parties’ intention to enter an agreement that would commit the United States to provide security assurances to Iraq, arm and train Iraqi security forces, and confront Al Qaeda and other terrorist entities within Iraqi territory. Officials in the Bush Administration have subsequently stated that the agreement will not commit the United States to militarily defend Iraq. The nature and form of such a U.S.-Iraq security agreement has been a source of congressional interest, in part because of statements by General Douglas Lute, Assistant to the President for Iraq and Afghanistan, who suggested that any such agreement was unlikely to take the form of a treaty, subject to the advice and consent of the Senate, or otherwise require congressional approval.
It is not clear whether the security agreement(s) discussed in the Declaration will take the form of a treaty or some other type of international compact. Regardless of the form the agreement may take, Congress has several tools by which to exercise oversight regarding the negotiation, form, conclusion, and implementation of the arrangement by the United States. This report begins by providing a general background as to the types of international agreements that are binding upon the United States, as well as considerations affecting whether they take the form of a treaty or an executive agreement. Next, the report discusses historical precedents as to the role that security agreements have taken, with specific attention paid to past agreements entered with Afghanistan, Germany, Japan, South Korea, and the Philippines. The report then discusses the oversight role that Congress plays with respect to entering and implementing international agreements involving the United States. Finally, the report describes legislation proposed in the 110th Congress to ensure congressional participation in the conclusion of a security agreement between the United States and Iraq, including S. 2426, the Congressional Oversight of Iraq Agreements Act of 2007, introduced by Senate Majority Leader Harry Reid on behalf of Senator Hillary Clinton on December 6, 2007; H.R. 4959, Iraq Strategic Agreement Review Act of 2008, introduced by Representative Rosa DeLauro on January 15, 2008; and H.R. 5128, introduced by Representative Barbara Lee on January 23, 2007.
