What the Spending Bill Says

The Iraq funding bill going to the President's desk is described as "requir[ing] troop withdrawals to begin by Oct. 1." But wasn't the bill also described as having "nonbinding" timelines? What does the bill actually say?

If you want to know what a statute says, there's nothing like actually reading it. H.R. 1591 is a massive bill; to find the relevant provisions you need to turn to sections 1901 and following. The answer is that the bill contains a mix of requirements and nonbinding goals.

First, there's a requirement about military units being "mission capable." Section 1901(b) requires that no money be spent to deploy a unit 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." But section 1901(d) permits the President to waive this requirement on a unit-by-unit basis. So this turns out to be nonbinding, really.

Similarly, section 1902 prohibits the use of funds to deploy a reserve unit for more than 365 days (210 days for Marines), but again, the President may waive this limitation on a unit-by-unit basis. So, nonbinding.

Then section 1903 prohibits the use of funds to deploy a unit that was deployed within the last 365 days (210 days for Marines), but again, waivable by the President. Nonbinding.

Then we get to the nub of the matter. Section 1904(a) requires the President to report on Iraqi progress in achieving four benchmarks: (1) giving U.S. and Iraqi forces authority to pursue all extremists, and making substantial progress in delivering necessary Iraqi security forces, and other security-related matters, (2) meeting its commitment to pursue reconciliation initiatives, (3) reducing the level of sectarian violence, and (4) ensuring the rights of minority political parties.

If the President fails to determine that each of the benchmarks is being met, "the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq no later than July 1, 2007, with a goal of completing such redeployment within 180 days."

If the President determines that all of the benchmarks are being met, "the Secretary of Defense shall commence the redeployment of the Armed Forces from Iraq not later than October 1, 2007, with a goal of completing such redeployment within 180 days."

The, after the conclusion of the redeployment, forces can remain in Iraq only for limited purposes (e.g., protecting U.S. citizens and "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.")

So it looks like the bill really does require withdrawal. But read it carefully. It only requires the Secretary of Defense to "commence" the redeployment on July 1 or October 1. Technically, that could mean redeploying one soldier. And the completion of the redeployment within 180 days in either case is only a "goal."

So even this bill, I would say, is essentially nonbinding. If the President is willing to sign a bill with benchmarks and a nonbinding timetable, he could sign this one.