Analysis of New Iraq Legislation in House and Senate

March 9, 2007

After weeks of back-room negotiations, Democrats yesterday unveiled their new legislative strategy for bringing an end to the war in Iraq. This new strategy comes in the form of two freshly introduced proposals: a House bill known as the "U.S. Troop Readiness, Veterans' Health, and Iraq Accountability Act" and a Senate bill titled the "United States Policy in Iraq Resolution of 2007."

Both pieces of legislation are binding and lay out deadlines for the withdrawal of all U.S. combat forces from Iraq. The Senate resolution contains a softer "goal" of redeploying most American troops by March 31, 2008, while the House bill sets a firmer timeline that will begin withdrawal no later than March 1, 2008, and mandates that all U.S. troops are out of Iraq by August 31, 2008.

The House bill will go through mark up in the Appropriations Committee next week, with floor action to come the following week. The Senate could begin debate on their version as early as Monday, March 12.

Setting a timetable for withdrawal is a policy popular with the American public. A USA Today-Gallup poll released March 8 found that 60 percent of respondents favored setting a timeline for removing all U.S. troops from Iraq by the end of 2008.

A congressionally-imposed date certain for redeployment of American troops from an overseas conflict is a strategy with strong historical precedents. In 1971, the so-called Mansfield Amendment set "a final date for the withdrawal from Indochina of all military forces of the United States." In 1983, the Multinational Force in Lebanon Resolution forced President Ronald Reagan to seek congressional reauthorization if he wanted to keep U.S. forces in Lebanon longer than 18 months. Finally, in a proposal similar to the current Senate bill on Iraq, S.J. Res. 229 called in 1994 for withdrawal of all U.S. forces from Haiti "as soon as possible."

While not all Democrats have endorsed the proposals, there are promising signs that Nancy Pelosi and Harry Reid will unify the caucus and enlist the support of moderate Republicans.

Republican war supporters, on the other hand, are baring their teeth like a pack of cornered dogs. Republican House leader John Boehner (OH) labeled the new Democratic plan a "roadmap for terrorists." Republican Senate leader Mitch McConnell (KY) also took a partisan swipe, hinting that Democrats simply wanted "to interfere with the President's ability and General Petraeus's ability to conduct the mission successfully."

Bush Administration officials were predictably reactionary: "It would unnecessarily handcuff our generals on the ground, and it's safe to say it's a nonstarter for the President," senior White House adviser Dan Bartlett said of the Democrats' plan. "Obviously, the administration would vehemently oppose and ultimately veto any legislation that looks like what was described today."

Summary and analysis of the House and Senate proposals is included below.

HOUSE BILL - "U.S. TROOP READINESS, VESTERANS' HEALTH, AND IRAQ ACCOUNTABILITY ACT"

The legislative vehicle for the House bill will be the $100 billion emergency supplemental measure that funds ongoing U.S. military operations in Iraq and Afghanistan. The Democrats' version of the spending bill would add roughly $20 billion to the Administration's original request, including critical funds for hurricane relief and increased veterans' benefits.

The most controversial aspect of the bill is the phased deadlines it includes for redeploying U.S. combat forces from Iraq. These deadlines revolve around the Iraqi Government's ability to meet specific benchmarks spelled out by President Bush in his speech announcing the troop escalation on January 10. These benchmarks include:

Iraq Government Benchmarks

Take responsibility for security in all of Iraq's provinces by November 2007

Pass legislation to share oil revenue among all Iraqis

Spend $10 billion of its own money on reconstruction and infrastructure projects that will create new jobs

Hold provincial elections later in 2007

Reform de-Baathification laws

Establish a fair process for considering amendments to Iraq's constitution

The phased deadlines are structured around attainment of these benchmarks by the Iraqi Government. These deadlines are somewhat confusing, but basically break down like this:

By July 1, 2007, President Bush must certify that Iraqis are making progress on benchmarks; if the President fails to do this or he reports that Iraqis are not making progress, U.S. troop withdrawal begins immediately and is to be complete within 180 days.

By October 1, 2007, assuming progress was successfully reported in July, the President must certify that Iraqis have fully met all benchmarks; if the President fails to do this or he reports that Iraqis haven't fully met all benchmarks, U.S. troop withdrawal begins immediately and is to be complete within 180 days.

By March 1, 2008, regardless of Iraqi progress on benchmarks, U.S. troop withdrawal begins immediately and is to be complete within 180 days.

By September 1, 2008, all U.S. combat forces have left Iraq except for a residual force responsible for diplomatic protection, counterterrorism operations, and training Iraqi Security Forces.

Besides the portions dealing with Iraq, the House bill also includes provisions on troop readiness, veterans' benefits, and operations in Afghanistan.

It stipulates that troop deployments can not be extended past 165 days and soldiers have to be stationed at home in the U.S. for at least one year before returning for an additional tour of duty. These strict troop readiness standards were spearheaded by months of work by Defense Appropriations Subcommittee chairman John Murtha. Unfortunately, there is a loophole included allowing the President to deploy "unprepared troops" if he can certify to Congress, in writing, that deploying these troops is in the American national interest.

The House bill allocates $3.5 billion in additional funding above President Bush's request for veterans' benefits, including an additional $900 million to help soldiers recover from brain injuries and Post-Traumatic Stress Disorder. It also provides $1.4 billion to fully cover the shortfall in funds for base housing allowances and $3.1 billion for the Base Realignment and Closure (BRAC) program.

Finally, $1.2 billion is added to the House bill for conducting counterterrorism operations in Afghanistan.

SENATE RESOLUTION - "UNITED STATES POLICY IN IRAQ RESOLUTION OF 2007"

The Senate bill was officially introduced on March 8 by Senate Democratic leader Harry Reid as S.J. Res. 9. It already has 45 cosponsors, including 44 Democrats and Joseph Lieberman (CT), an Independent Democrat.

Within 120 days of adoption, the Senate bill would transform the U.S. military mission in Iraq to protecting U.S. personnel and infrastructure, training Iraq Security Forces, and conducting targeted counterterrorism operations. This reformulation of the American combat mission in Iraq is similar to a proposal that has been put forward repeatedly by Republican Senator John Warner (VA). The Senate bill also calls on the President to commence the phased redeployment of U.S. combat personnel no later than 120 days after the date of enactment and designates March 31, 2008, as the "goal" for completing phased redeployment.

The text of S.J. Res. 9 is below:

S.J. Res. 9. A joint resolution to revise United States policy on Iraq.

By Mr. REID (for himself, Mr. DURBIN, Mr. SCHUMER, Mrs. MURRAY, Mr. BIDEN, Mr. LEVIN, Mr. KERRY, Mr. FEINGOLD, Mr. REED, Mr. KENNEDY, Mr. ROCKEFELLER, Mrs. BOXER, Mrs. FEINSTEIN, Mrs. CLINTON, Mr. CARPER, Mr. AKAKA, Mr. BAUCUS, Mr. BAYH, Mr. BINGAMAN, Mr. BROWN, Ms. CANTWELL, Mr. CARDIN, Mr. CASEY, Mr. DODD, Mr. DORGAN, Mr. HARKIN, Mr. INOUYE, Ms. KLOBUCHAR, Mr. KOHL, Ms. LANDRIEU, Mr. LAUTENBERG, Mr. LEAHY, Mr. LIEBERMAN, Mrs. LINCOLN, Mrs. MCCASKILL, Mr. MENENDEZ, Ms. MIKULSKI, Mr. OBAMA, Mr. SALAZAR, Mr. SANDERS, Ms. STABENOW, Mr. TESTER, Mr. WEBB, Mr. WHITEHOUSE, and Mr. WYDEN):

S.J. Res. 9

Whereas Congress and the American people will continue to support and protect the members of the United States Armed Forces who are serving or have served bravely and honorably in Iraq;

Whereas the circumstances referred to in the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243) have changed substantially;

Whereas United States troops should not be policing a civil war, and the current conflict in Iraq requires principally a political solution; and

Whereas United States policy on Iraq must change to emphasize the need for a political solution by Iraqi leaders in order to maximize the chances of success and to more effectively fight the war on terror: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the ``United States Policy in Iraq Resolution of 2007''.

SEC. 2. PROMPT COMMENCEMENT OF PHASED REDEPLOYMENT OF UNITED STATES FORCES FROM IRAQ.

(a) Transition of Mission.--The President shall promptly transition the mission of United States forces in Iraq to the limited purposes set forth in subsection (b).

(b) Commencement of Phased Redeployment From Iraq.--The President shall commence the phased redeployment of United States forces from Iraq not later than 120 days after the date of the enactment of this joint resolution, with the goal of redeploying, by March 31, 2008, all United States combat forces from Iraq except for a limited number that are essential for the following purposes:

(1) Protecting United States and coalition personnel and infrastructure.

(2) Training and equipping Iraqi forces.

(3) Conducting targeted counter-terrorism operations.

(c) Comprehensive Strategy.--Subsection (b) shall be implemented as part of a comprehensive diplomatic, political, and economic strategy that includes sustained engagement with Iraq's neighbors and the international community for the purpose of working collectively to bring stability to Iraq.

(d) Reports Required.--Not later than 60 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to Congress a report on the progress made in transitioning the mission of the United States forces in Iraq and implementing the phased redeployment of United States forces from Iraq as required under this section.