text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Iraq Strategic Agreement Review Act 
  of 2008''.
  
  SEC. 2. DEFINITION.
  
      In this Act, the term ``long-term security, economic, or political 
  agreement with the Government of Iraq'' means any agreement or 
  commitment of more than one year, which is made by the President or any 
  officer, employee, or representative of the executive branch of the 
  Government of the United States with the Government of Iraq that 
  includes--
              (1) the basing of the Armed Forces of the United States 
          within the territory of Iraq;
              (2) defending Iraq's system of government from internal and 
          external threats;
              (3) providing security assurances and commitments to deter 
          foreign aggression against Iraq;
              (4) the military training or equipping of the Iraqi 
          Security Forces;
              (5) economic, monetary, material and technical commerce, 
          and arrangements; or
              (6) diplomatic and political understandings.
  
  SEC. 3. FINDINGS.
  
      Congress finds the following:
              (1) Under Article I of the Constitution of the United 
          States, the Congress has the power to provide for the common 
          defense, to regulate commerce with foreign nations, to raise, 
          support, provide, and maintain the military, and to make rules 
          for the Government and regulation of the military.
              (2) Under Article II of the Constitution of the United 
          States, the President is the Commander in Chief of the military 
          and has the power to receive Ambassadors and other public 
          ministers.
              (3) Under Article II of the Constitution of the United 
          States, the President has the right to make treaties by and 
          with the advice and consent of two-thirds of the Senate.
              (4) The North Atlantic Treaty, which created the North 
          Atlantic Treaty Organization (NATO), entered into force on 
          August 24, 1949, after approval by the Senate with each 
          protocol providing for the accession of an additional country 
          approved by the Senate.
              (5) The Mutual Defense Treaty between the United States and 
          South Korea, which established a long-term United States 
          military presence on the Korean peninsula, entered into force 
          on November 17, 1954, after approval by the Senate.
              (6) The Treaty of Mutual Cooperation and Security between 
          the United States and Japan, which established a long-term 
          United States military presence in Japan, entered into force on 
          June 23, 1960, after approval by the Senate.
              (7) On June 1, 2007, Secretary of Defense Robert Gates 
          discussed a ``long and enduring presence'' in Iraq of which the 
          ``Korea model'' and the ``security relationship that we have 
          with Japan'' are examples.
              (8) On November 26, 2007, President George W. Bush and 
          Iraqi Prime Minister Nouri 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'', outlining the parameters for negotiation of a 
          long-term relationship in the security, economic, political, 
          diplomatic, and cultural spheres.
              (9) The Declaration of Principles include, ``supporting the 
          Republic of Iraq in defending its democratic system against 
          internal and external threats'', ``providing security 
          assurances and commitments to the Republic of Iraq to deter 
          foreign aggression against Iraq'', and ``supporting the 
          Republic of Iraq in training, equipping, and arming the Iraqi 
          Security Forces''.
              (10) On November 26, 2007, Assistant to the President and 
          Deputy National Security Advisor for Iraq and Afghanistan, 
          Lieutenant General Douglas E. Lute, stated that he does not 
          ``anticipate now that these negotiations [under the Declaration 
          of Principles] will lead to the status of a formal treaty which 
          would then bring us to formal negotiations or formal inputs 
          from the Congress''.
              (11) On November 26, 2007, Assistant to the President and 
          Deputy National Security Advisor for Iraq and Afghanistan, 
          Lieutenant General Douglas E. Lute, further stated that the 
          ``target'' to conclude negotiations is July 2008.
  
  SEC. 4. CONSULTATIONS WITH CONGRESS.
  
      (a) Consultations.--
              (1) In general.--Immediately upon the date of the enactment 
          of this Act, the Secretary of State, the Secretary of Defense, 
          and any other necessary officer, employee, or representative of 
          the executive branch of the Government of the United States 
          shall commence consultations with the congressional committees 
          and leadership described in paragraph (2) on any potential 
          long-term security, economic, or political agreement with the 
          Government of Iraq.
              (2) Congressional committees and leadership described.--The 
          congressional committees and leadership referred to in 
          paragraph (1) are--
                      (A) the Committee on Foreign Relations and the 
                  Committee on Armed Services of the Senate and the 
                  Committee on Foreign Affairs and the Committee on Armed 
                  Services of the House of Representatives;
                      (B) the Speaker, majority leader, and minority 
                  leader of the House of Representatives and majority 
                  leader and minority leader of the Senate; and
                      (C) any other congressional committee, Senator, or 
                  Member of the House of Representatives that requests 
                  consultations under paragraph (1).
      (b) Framework.--Consultations required under subsection (a) shall 
  include full and complete transparency of all security, economic, 
  political, and other arrangements under consideration for the 
  agreement.
      (c) Timeframe.--Consultations required under subsection (a) shall 
  continue throughout the period of negotiations with the Government of 
  Iraq to conclude the agreement.
  
  SEC. 5. SENSE OF CONGRESS.
  
      It is the sense of the Congress that--
              (1) full Iraqi sovereignty over its territories, waters, 
          and airspace, and Iraqi control over its armed forces and 
          administrative institutions is in the national interest of the 
          United States; and
              (2) any long-term security, economic, or political 
          agreement with the Government of Iraq that is not in the form 
          of a treaty with respect to which the Senate has given its 
          advice and consent to ratification under Article II of the 
          Constitution of the United States does not have the force and 
          effect of law.
  
  SEC. 6. LIMITATION ON THE USE OF FUNDS.
  
      No funds made available by any Act of Congress shall be obligated 
  or expended for the implementation of any long-term security, economic, 
  or political agreement with the Government of Iraq unless the agreement 
  is in the form of a treaty with respect to which the Senate has given 
  its advice and consent to ratification under Article II of the 
  Constitution of the United States.
target: Iraq Strategic Agreement Review Act of 2008 - Directs the Secretary of State, the Secretary of Defense, and any other necessary representative of the executive branch of the U.S. government to begin consultations with the appropriate congressional committees and leadership on any potential long-term security, economic, or political agreement (agreement) with the government of Iraq.
  
  Expresses the sense of the Congress that: (1) full Iraqi sovereignty is in the U.S. national interest; and (2) any agreement that is not in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States does not have the force and effect of law.
  
  Prohibits obligating or expending funds for the implementation of any agreement with the government of Iraq unless the agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II.
feat_title: To provide for congressional consultation with respect to any long-term security, economic, or political agreement with the Government of Iraq and to ensure that any such agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States.