For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34172 ------------------------------------------------------------------------------ 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, Short Title Key Provisions Status/Votea and Sponsor S.Con.Res.2 A concurrent Sense of Congress that: Motion to 01/17/07 resolution invoke cloture Sen. Joseph R. expressing the It is not in U.S. national interest to rejected: Biden, Jr. bipartisan increase U.S. military presence in 0-97 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 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, Short Title Key Provisions Status/Votea and Sponsor H.Con.Res. 63 Disapproving Resolved that: Passed House: 02/12/07 of the Decision 246-182 Rep. Ike Skelton of the President Congress and the American people 02/16/07 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 01/31/07 express the invoke cloture Sen. Carl Levin sense of The Senate disagrees with President rejected: 49-47 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 02/13/07 express the invoke cloture Sen. Harry Reid sense of Congress and the American people rejected: 56-34 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/Votea and Sponsor S.J.Res. 9 U.S. Policy in President shall commence Senate rejected: 03/08/07 Iraq Resolution redeployment of U.S. troops from 48-50 Sen. Harry Reid of 2007 Iraq not later than 120 days after 03/15/07 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 06/21/07 Operations, and Group 06-21-07 Rep. Related Christopher Programs Shays Appropriations Act, 2008 S.Amdt. 2100, National Sense of the Senate that: Senate passed: H.R. 1585 Defense 94-3 07/11/07 Authorization Senate should commit to a strategy 07/17/07 Sen. John Act for Fiscal that will not leave a failed state in Cornyn Year 2008 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, Short Title Key Provisions Status/Votea and Sponsor H.R. 3087 To require the Directs the Secretary of Defense, Passed House: 07/18/07 President, in within 60 days after the enactment of 377-46 Rep. John coordination the act and every 90 days thereafter, 10/02/07 Tanner with the to report to the congressional defense Secretary of and appropriations committees on State, the the status of planning for the Secretary of redeployment of Armed Forces from Defense, the Iraq 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 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, Short Title Key Provisions Status/Votea and Sponsor H.R. 1591 U.S. Troop Requires the President to report by Passed 03/20/07 Readiness, July 1, 2007 whether the Iraqi House: Rep. David R. Veterans' Care, government is making "substantial 218-212 Obey Katrina Recovery, progress" toward meeting certain 03/23/07 (see also Table and Iraq benchmarks of improvement in 3) Accountability security and political reconciliation. If Adopted Appropriations substantial progress is not reported, conference Act, 2007 the withdrawal of U.S. troops from report: Iraq (except for specific, limited 218-208, 2 missions) must begin by July 1 with a Present goal of being completed within 180 4/25/07 days. If substantial progress is reported, the withdrawal must begin Passed by Oct. 1, 2007. Senate: 51-47 The withdrawal requirement exempts 03/29/07 units remaining in Iraq for protection of U.S. diplomatic facilities and Adopted citizens, for customary diplomatic conference positions, for targeted operations of report: limited duration against terrorist 51-46 organizations with global reach, and 04/26/07 for training and equipping Iraqi security forces Veto Override No funds may be used to deploy to Rejected: Iraq a unit not rated "fully mission 222-203, 1 capable," to deploy any Army unit for Present more than 35 days, or to deploy a 05/02/07 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-7 Bill, Date Introduced, Short Title Key Provisions Status/Votea and Sponsor S.Amdt. 643, U.S. Troop Strike language that would require Senate H.R. 1591 Readiness, withdrawal of U.S. forces from Iraq rejected: 03/26/07 Veterans' Care, on a mandatory timetable 48-50 Sen. Thad Katrina Recovery, 03/27/07 Cochran and Iraq Accountability Appropriations Act, 2007 S.Amdt. 1098 Water Resources Redeploy U.S. troops from Iraq Motion on to S.Amdt. Development Act beginning no later than 120 days after cloture 1097, H.R. of 2007 enactment rejected: 1495 29-67 05/14/07 Exceptions include conducting Amendment Sen. Russell D. targeted operations against Al Qaeda withdrawn Feingold and other international terrorist 05/16/07 organizations, providing security for U.S. personnel and infrastructure, and training and equipping Iraqi security forces H.R. 2237 To provide for the Redeployment to begin no later than House 5/29/07 redeployment of 90 days after enactment and be rejected: Rep. James P. U.S. Armed completed within 180 days 171-255 McGovern Forces and 05/10/07 defense Funds may not be used to increase contractors from level of U.S. troops from that number Iraq 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-8 Bill, Date Introduced, Short Title Key Provisions Status/Votea and Sponsor S.Amdt. 2012, National Defense Requires that period between Motion on H.R. 1585 Authorization Act deployments to Iraq (or "dwell time") cloture 07/09/07 for Fiscal Year for any active component unit must be rejected: Sen. Jim Webb 2008 as long as the duration of the unit's 56-41 previous deployment Amendment withdrawn Sense of Congress that the optimum 07/11/07 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 Responsible Begin reduction of U.S. forces House 07/10/07 Redeployment serving in Iraq by no later than 120 passed: Rep. Ike from Iraq Act days after enactment 223-201 Skelton 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, National Defense Army unit or individual may not be Senate H.R. 1585 Authorization Act deployed for more than 12 rejected: 07/10/07 for Fiscal Year consecutive months 52-45 Sen. Chuck 2008 07/11/07 Hagel Marines may not be deployed for more than seven consecutive months President can waive these provisions CRS-9 Bill, Date Introduced, Short Title Key Provisions Status/Votea and Sponsor S.Amdt.2078, National Defense Sense of Congress that: Senate H.R. 1585 Authorization Act rejected: 07/11/07 for Fiscal Year The goal for active components units 41-55 Sen. Lindsey 2008 should be a dwell time of no less than 07/11/07 Graham 12 months between deployments For members of the reserve components, the goal should be a dwell time of no less than five years between deployments S.Amdt.2087, National Defense Commence reduction of forces no Motion on H.R. 1585 Authorization Act later than 120 days after enactment cloture 07/11/07 for Fiscal Year rejected: Sen. Carl Levin 2008 Limited U.S. forces may remain in 52-47 Iraq to protect U.S. personnel and 07/18/07 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 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 Military Prohibits any unit of the regular Passed House: 07/24/07 Readiness Armed Forces from being deployed 229-194, 3 Rep. Ellen Through Stability unless the period between the most Present Tauscher and Predictability recent previous deployment and a 08/02/07 Deployment subsequent deployment is equal to or Policy Act of longer than the period of the most 2007 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 CRS-10 Bill, Date Introduced, Short Title Key Provisions Status/Votea and Sponsor S.Amdt. 2909, National Defense [same as S.Amdt.2012, above] except Senate H.R. 1585 Authorization Act for the following changes: rejected: 09/19/07 for Fiscal Year 54-44 Sen. Jim Webb 2008 Special Operations forces are exempt Amendment from the dwell time requirements withdrawn 09/19/07 Provision would take effect 120 days after the enactment of the bill S.Amdt. 2918, National Defense Sense of the Senate that: Senate H.R. 1585 Authorization Act rejected: 09/19/07 for Fiscal Year The goal for active component units 55-45 Sen. John 2008 should be a dwell time no less than Amendment McCain the previous deployment period 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, National Defense Redeploy U.S. troops from Iraq Senate H.R. 1585 Authorization Act beginning no later than 90 days after rejected: 09/20/07 for Fiscal Year enactment 28-70 Sen. Russell 2008 Amendment Feingold No funds expended for the withdrawn deployment of U.S. Armed Forces in 09/20/07 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 CRS-11 Bill, Date Introduced, Short Title Key Provisions Status/Votea and Sponsor S.Amdt. 2898, National Defense Commence reduction of forces no Senate H.R. 1585 Authorization Act later than 90 days after enactment rejected: 09/20/07 for Fiscal Year 47-47 Sen. Carl Levin 2008 Reduction implemented as part of a Amendment comprehensive diplomatic, political, withdrawn and economic strategy including 09/21/07 sustained engagement with Iraq's neighbors and international community 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 Orderly and Expresses the sense of Congress that Passed 11/13/07 Responsible Iraq the war in Iraq should end as safely House Rep. David Redeployment and quickly as possible, and U.S. 218 - 203, 1 Obey Appropriations troops should be brought home Present Act, 2008 11/14/07 Prohibits funds from being used to deploy any U.S. military unit to Iraq Cloture on unless the President has certified such the motion to unit as "fully mission capable" proceed not invoked in Makes funds immediately available to Senate: plan and execute a safe and orderly 53-45 redeployment of U.S. Armed Forces 11/16/07 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 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 Short Title Key Provisions Status/Vote Sponsor S.Con.Res. 20 Expressing the sense Sense of Congress that Passed 03/15/07 of Congress that no Congress should not take any Senate: Sen. Judd Gregg funds should be cut off action that would endanger 82-16 or reduced for American troops in the field, 03/15/07 American troops in the including eliminating or field which would reducing funding result in undermining their safety or their ability to complete their assigned mission H.R. 1591 U.S. Troop Readiness, Prohibits use of funds for Passed 03/20/07 Veterans' Care, deploying military units if they House: Rep. David R. Katrina Recovery, and are not certified as fully mission 218-212 Obey Iraq Accountability capable 03/23/07 (see also Table 2) Appropriations Act, 2007 Prohibits funds from being used Adopted for deployment after 210 days conference report: Makes funds available for 218-208, 2 immediate redeployment Present 4/25/07 Allows presidential waiver for national security purposes Passed Senate: Prohibits redeployment of Army 51-47 units that have served within the 03/29/07 past 365 days and Marines who have served within the past 210 Adopted days conference report: Specific benchmarks for Iraqi 51-46 government that must be 04/26/07 certified by President Bush Veto Override Rejected: 222-203, 1 Present 05/02/07 H.Amdt. 186, National Defense Prohibits the use of funds House H.R. 1585 Authorization Act for authorized for military rejected: 05/16/07 Fiscal Year 2008 operations in Iraq and 202-216 Rep. Robert E. Afghanistan from being used for 05/16/07 Andrews operations in Iran CRS-13 Bill, Date Introduced, and Short Title Key Provisions Status/Vote Sponsor H.R. 3222 Department of Defense Funds appropriated by the act Passed 07/30/07 Appropriations Act, shall not be used to establish House: Rep. John Murtha 2008 any military installation or base 395-13 for the purpose of providing for 08/05/07 the permanent stationing of United States Armed Forces in Senate Iraq or to exercise U.S. control passed by over Iraqi oil resources voice vote: 10/03/07 After FY2008, any request for funds for an ongoing military House operation overseas, including adopted operations in Afghanistan and conference Iraq, shall be included in the report: annual budget of the President 400-15 11/08/07 Senate adopted conference report by voice vote: 11/08/07 S. 2340 A bill making Provides $70 billion in Cloture on 11/13/07 emergency emergency supplemental the motion Sen. Mitch supplemental appropriations and requires to proceed McConnell appropriations for the Secretary of Defense to submit not invoked Department of Defense quarterly reports to Congress on in Senate: for the fiscal year progress toward stability in Iraq 45-53 ending September 30, 11/16/07 2008, and for other purposes 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 Short Title Key Provisions Status/Votea Sponsor H.R. 2206 U.S. Troop $52.8 billion for U.S. military Passed House: 05/08/07 Readiness, operations is available only after 221-205 Rep. David R. Veterans' Care, the President reports, by July 13, 05/10/07 Obey Katrina 2007, whether Iraqi government is Recovery, and achieving progress toward 16 Passed Senate Iraq benchmarks of security and with an Accountability political reconciliation, and after amendment by Appropriations Congress approves and the voice vote Act of 2007 President signs a joint resolution 05/17/07 (P.L. 110-28) 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-15 Bill, Date Introduced, and Short Title Key Provisions Status/Votea Sponsor S.Amdt.1134, Water Requires President to withhold Motion to H.R. 1495 Resources funding if Iraqi government fails to invoke cloture 05/15/07 Development meet 18 benchmarks rejected: 52-44 Sen. John Warner Act of 2007 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 Short Title Key Provisions Status/Vote Sponsor S.Res.107 Expressing the Sense of Senate that: Senate passed: 03/15/07 sense of the Senate 96-2 Sen. Patty Murray that no action Necessary funding will be 03/15/07 should be taken to supplied for training, equipping, undermine the and supporting U.S. troops in the safety of the field Armed Forces of the United States President and Congress should or impact their ensure adequate medical care for ability to complete troops returning from Iraq their assigned or future missions 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 bill Rejected in H.R. 1585 Authorization Act prohibiting establishment of House: 201-219 05/16/07 for Fiscal Year permanent military bases in Iraq 05/17/07 Rep. Steve King 2008 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 funding Rejected in H.R. 2764 State, Foreign for assistance programs for Iraq House: 205-219 06/21/07 Operations, and by $158 million 06/21/07 Rep. Frank R. Related Programs Wolf Appropriations Act, 2008 CRS-17 Bill, Date Introduced, and Short Title Key Provisions Status/Vote Sponsor H.R. 2929 To limit the use of Declares that it is the policy of Passed House: 06/28/07 funds to establish the United States not to establish 399-24 Rep. Barbara Lee any military any military installation or base 07/25/07 installation or base for providing for the permanent for the purpose of stationing of U.S. Armed Forces providing for the in Iraq, and prohibits use of permanent funds for such installations or stationing of bases United States Armed Forces in Iraq or to exercise United States economic control of the oil resources of Iraq S.Amdt. 2934, National Defense Expresses the sense of the Senate Agreed to in H.R. 1585 Authorization Act that General Petraeus deserves Senate: 09/19/07 for Fiscal Year the full support of the Senate and 72-25 Sen. John Cornyn 2008 condemns personal attacks on 09/20/07 Petraeus and all members of the U.S. Armed Forces S.Amdt. 2947, National Defense Expresses the sense of the Senate Rejected by H.R. 1585 Authorization Act to reaffirm support for the U.S. Senate: 09/20/07 for Fiscal Year Armed Forces and to condemn 50-47a Sen. Barbara 2008 all personal attacks on members Amendment Boxer of the Armed Forces withdrawn 09/20/07 S.Amdt.2997, National Defense Expresses the sense of the Senate Agreed to in H.R. 1585 Authorization Act that the United States should Senate: 09/21/07 for Fiscal Year actively support creation of a 75-23 Sen. Joseph 2008 federal system of government in 09/26/07 Biden Iraq H.R. 2740 MEJA Expansion Amends the bill to provide that Motion agreed (motion to and Enforcement nothing in the act shall be to: 342-75 recommit with Act of 2007 construed to affect intelligence 10/04/07 instructions) activities that are otherwise 10/04/07 permissible prior to its enactment Rep. J. Randy Forbes CRS-18 Bill, Date Introduced, and Short Title Key Provisions Status/Vote Sponsor H.R. 2740 MEJA Expansion Provides that federal contract House passed: 06/15/07 and Enforcement employees in an area where U.S. 389-30 Rep. David E. Act of 2007 forces are engaged in military 10/04/07 Price 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 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 War Profiteering Prohibits fraud (including Motion to 01/11/07 Prevention Act of knowingly overvaluing goods or suspend the Rep. Neil 2007 services) under a contract in rules and pass Abercrombie connection with an overseas the bill mission of the U.S. government 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, Short Title Key Provisions Status/Votea and Sponsor S.Amdt. 2022, To restore habeas Restores the right of habeas corpus for Motion on H.R. 1585 corpus for those detainees cloture 07/09/07 detained by the rejected: Sen. Arlen United States 56-43 Specter 09/19/07 S.Amdt.2351, College Cost Expressing the sense of the Senate that Agreed to in H.R. 2669 Reduction Act of detainees housed at Guantanamo Bay, Senate: 94-3 07/19/07 2007 Cuba, including senior members of Al 07/19/07 Sen. Mitch Qaeda, should not be released into McConnell American society, nor should they be transferred stateside into facilities in American communities and neighborhoods a. Generally, it requires 60 votes to invoke cloture, or end debate, on a measure or matter in the Senate. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34172