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Doug Mann LPN, LNC

HR 1591 - Funds the surge - non-binding troop withdrawal provisions














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Provisions that call for redeployment out of Iraq, with loopholes that allows the President keep troops in Iraq at current levels beyond 'the deadline' for troop withdrawal
















 

H.R.1591

U.S. Troop Readiness, Veterans' Health, and Iraq Accountability Act, 2007 (Engrossed as Agreed to or Passed by House)

GENERAL PROVISIONS--THIS TITLE

    SEC. 1901. (a) Congress finds that it is Defense Department policy that units should not be deployed for combat unless they are rated `fully mission capable'.

    (b) None of the funds appropriated or otherwise made available in this or any other Act may be used to deploy any unit of the Armed Forces to Iraq unless the chief of the military department concerned has certified in writing to the Committees on Appropriations and the Committees on Armed Services at least 15 days in advance of the deployment that the unit is fully mission capable.

    (c) For purposes of subsection (b), the term `fully mission capable' means capable of performing assigned mission essential tasks to prescribed standards under the conditions expected in the theater of operations, consistent with the guidelines set forth in the Department of Defense readiness reporting system.

    (d) The President, by certifying in writing to the Committees on Appropriations and the Committees on Armed Services that the deployment to Iraq of a unit that is not assessed fully mission capable is required for reasons of national security and by submitting along with the certification a report in classified and unclassified form detailing the particular reason or reasons why the unit's deployment is necessary despite the chief of the military department's assessment that the unit is not fully mission capable, may waive the limitation prescribed in subsection (b) on a unit-by-unit basis.

    SEC. 1902. (a) Congress finds that it is Defense Department policy that Army, Army Reserve, and National Guard units should not be deployed for combat beyond 365 days or that Marine Corps and Marine Corps Reserve units should not be deployed for combat beyond 210 days.

    (b) None of the funds appropriated or otherwise made available in this or any other Act may be obligated or expended to initiate the development of, continue the development of, or execute any order that has the effect of extending the deployment for Operation Iraqi Freedom of--

      (1) any unit of the Army, Army Reserve, or Army National Guard beyond 365 days; or

      (2) any unit of the Marine Corps or Marine Corps Reserve beyond 210 days.

    (c) The limitation prescribed in subsection (b) shall not be construed to require force levels in Iraq to be decreased below the total United States force levels in Iraq prior to January 10, 2007.

    (d) The President, by certifying in writing to the Committees on Appropriations and the Committees on Armed Services that the extension of a unit's deployment in Iraq beyond the periods specified in subsection (b) is required for reasons of national security and by submitting along with the certification a report in classified and unclassified form detailing the particular reason or reasons why the unit's extended deployment is necessary, may waive the limitations prescribed in subsection (b) on a unit-by-unit basis.

    SEC. 1903. (a) Congress finds that it is Defense Department policy that Army, Army Reserve, and National Guard units should not be redeployed for combat if the unit has been deployed within the previous 365 consecutive days or that Marine Corps and Marine Corps Reserve units should not be redeployed for combat if the unit has been deployed within the previous 210 days.

    (b) None of the funds appropriated or otherwise made available in this or any other Act may be obligated or expended to initiate the development of, continue the development of, or execute any order that has the effect of deploying for Operation Iraqi Freedom of--

      (1) any unit of the Army, Army Reserve, or Army National Guard if such unit has been deployed within the previous 365 consecutive days; or

      (2) any unit of the Marine Corps or Marine Corps Reserve if such unit has been deployed within the previous 210 consecutive days.

    (c) The limitation prescribed in subsection (b) shall not be construed to require force levels in Iraq to be decreased below the total United States force levels in Iraq prior to January 10, 2007.

    (d) The President, by certifying in writing to the Committees on Appropriations and the Committees on Armed Services that the redeployment of a unit to Iraq in advance of the periods specified in subsection (b) is required for reasons of national security and by submitting along with the certification a report in classified and unclassified form detailing the particular reason or reasons why the unit's redeployment is necessary, may waive the limitations prescribed in subsection (b) on a unit-by-unit basis.

    SEC. 1904. (a) The President shall make and transmit to Congress the following determinations, along with reports in classified and unclassified form detailing the basis for each determination, on or before July 1, 2007--

      (1) whether the Government of Iraq has given United States Armed Forces and Iraqi Security Forces the authority to pursue all extremists, including Sunni insurgents and Shiite militias, and is making substantial progress in delivering necessary Iraqi Security Forces for Baghdad and protecting such Forces from political interference; intensifying efforts to build balanced security forces throughout Iraq that provide even-handed security for all Iraqis; ensuring that Iraq's political authorities are not undermining or making false accusations against members of the Iraqi Security Forces; eliminating militia control of local security; establishing a strong militia disarmament program; ensuring fair and just enforcement of laws; establishing political, media, economic, and service committees in support of the Baghdad Security Plan; and eradicating safe havens;

      (2) whether the Government of Iraq is making substantial progress in meeting its commitment to pursue reconciliation initiatives, including enactment of a hydro-carbon law; adoption of legislation necessary for the conduct of provincial and local elections; reform of current laws governing the de-Baathification process; amendment of the Constitution of Iraq; and allocation of Iraqi revenues for reconstruction projects; and

      (3) whether the Government of Iraq and United States Armed Forces are making substantial progress in reducing the level of sectarian violence in Iraq.

    (b) On or before October 1, 2007, the President--

      (1) shall certify to the Congress that the Government of Iraq has enacted a broadly accepted hydro-carbon law that equitably shares oil revenues among all Iraqis; adopted legislation necessary for the conduct of provincial and local elections, taken steps to implement such legislation, and set a schedule to conduct provincial and local elections; reformed current laws governing the de-Baathification process to allow for more equitable treatment of individuals affected by such laws; amended the Constitution of Iraq consistent with the principles contained in article 137 of such constitution; and allocated and begun expenditure of $10 billion in Iraqi revenues for reconstruction projects, including delivery of essential services, on an equitable basis; or

      (2) shall report to the Congress that he is unable to make such certification.

    (c) If in the transmissions to Congress required by subsection (a) the President determines that any of the conditions specified in such subsection have not been met, or if the President is unable to make the certification specified in subsection (b) by the required date, the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq and complete such redeployment within 180 days.

    (d) If the President makes the certification specified in subsection (b), the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq not later than March 1, 2008, and complete such redeployment within 180 days.

    (e) Notwithstanding any other provision of law, funds appropriated or otherwise made available in this or any other Act are immediately available for obligation and expenditure to plan and execute a safe and orderly redeployment of the Armed Forces from Iraq, as specified in subsections (c) and (d).

    (f) After the conclusion of the 180-day period for redeployment specified in subsections (c) and (d), the Secretary of Defense may not deploy or maintain members of the Armed Forces in Iraq for any purpose other than the following:

      (1) Protecting American diplomatic facilities and American citizens, including members of the U.S. Armed Forces.

      (2) Serving in roles consistent with customary diplomatic positions.

      (3) Engaging in targeted special actions limited in duration and scope to killing or capturing members of al-Qaeda and other terrorist organizations with global reach.

      (4) Training members of the Iraqi Security Forces.

    (g) Notwithstanding any other provision of law, 50 percent of the funds appropriated by title I of this Act for assistance to Iraq under each of the headings `IRAQ SECURITY FORCES FUND', `ECONOMIC SUPPORT FUND', and `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT' shall be withheld from obligation until the President has made a certification to Congress regarding the matters specified in subsection (b)(1).

    (h) The requirement to withhold funds from obligation pursuant to subsection (g) shall not apply with respect to funds made available under the heading `ECONOMIC SUPPORT FUND' for continued support for the Community Action Program and Community Stabilization Program in Iraq administered by the United States Agency for International Development or for programs and activities to promote democracy in Iraq.

    SEC. 1905. (a) COORDINATOR FOR IRAQ ASSISTANCE- Not later than 30 days after the date of the enactment of this Act, the President shall appoint a Coordinator for Iraq Assistance (hereinafter in this section referred to as the `Coordinator'), by and with the advice and consent of the Senate, who shall report directly to the President.

    (b) DUTIES- The Coordinator shall be responsible for--

      (1) Developing and implementing an overall strategy for political, economic, and military assistance for Iraq;

      (2) Coordinating and ensuring coherence of Iraq assistance programs and policy among all departments and agencies of the Government of the United States that are implementing assistance programs in Iraq, including the Department of State, the United States Agency for International Development, the Department of Defense, the Department of the Treasury, and the Department of Justice;

      (3) Working with the Government of Iraq in meeting the benchmarks described in section 1904(b) of this Act in order to ensure Iraq continues to be eligible to receive United States assistance described in such section;

      (4) Coordinating with other donors and international organizations that are providing assistance for Iraq;

      (5) Ensuring adequate management and accountability of United States assistance programs for Iraq;

      (6) Resolving policy and program disputes among departments and agencies of the United States Government that are implementing assistance programs in Iraq; and

      (7) Coordinating United States assistance programs with the reconstruction programs funded and implemented by the Government of Iraq.

    (c) RANK AND STATUS- The Coordinator shall have the rank and status of ambassador.

    SEC. 1906. Notwithstanding any other provision of law, none of the funds in this or any other Act may be used to close Walter Reed Army Medical Center.

SEC. 1907. CONGRESSIONAL PLEDGE TO FULLY SUPPORT MEMBERS OF THE ARMED FORCES IN HARM'S WAY.

    (a) FINDINGS- Congress makes the following findings:

      (1) On September 14, 2001, both the Senate and the House of Representatives passed S.J. Res. 23 of the 107th Congress, which became Public Law 107-40 and authorized the use of military force in Afghanistan.

      (2) On October 10, 2002, the House of Representatives passed H.J. Res. 114 of the 107th Congress, which authorized the use of military force in Iraq.

      (3) After passage by the Senate, H.J. Res. 114 became Public Law 107-243, the Authorization for Use of Military Force Against Iraq Resolution of 2002.

      (4) Members of the United States Armed Forces have served honorably in their mission to fight terrorism and protect the greater security of the United States.

      (5) These members of the Armed Forces and their families have made many sacrifices, in many cases the ultimate sacrifice, to protect the security of the United States and the freedom Americans hold dear.

      (6) Congress and the American people are forever grateful to the members of the Armed Forces for the service they have provided to the United States.

    (b) FAITHFUL SUPPORT OF CONGRESS- Congress will fully support the needs of members of the Armed Forces who the Commander in Chief has deployed in harm's way in support of Operation Iraqi Freedom and Operation Enduring Freedom, and their families.

SEC. 1908. SENSE OF THE CONGRESS REGARDING PRESIDENT AS COMMANDER IN CHIEF AND CONGRESSIONAL POWER TO DECLARE WAR.

    (a) It is the sense of Congress that Congress acknowledges the President as the Commander in Chief, and that role is granted solely to the President by article II, section 2, of the United States Constitution.

    (b) It is further the sense of Congress that Congress has the power solely to declare war under article I, section 8, clause 11, of the United States Constitution.

SEC. 1909. SENSE OF CONGRESS REGARDING CONDUCT OF IRAQ WAR BY COMMANDERS.

    It is the sense of Congress that, because the commanders of the United States Armed Forces in Iraq have the training, experience, and first-hand knowledge of the situation on the ground--

      (1) the commanders should be allowed to conduct the war and manage the movements of the troops; and

      (2) Congress should remain focused on executing its oversight role.
















Doug Mann LPN, LNC