[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 231 Introduced in House (IH)]







110th CONGRESS
  1st Session
H. CON. RES. 231

  Expressing the sense of Congress that the Government of the United 
   States should submit to the Government of Iraq a draft bilateral 
                      status-of-forces agreement.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2007

    Mr. Israel (for himself, Mr. Dent, and Mr. Bishop of New York) 
 submitted the following concurrent resolution; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of Congress that the Government of the United 
   States should submit to the Government of Iraq a draft bilateral 
                      status-of-forces agreement.

Whereas the United States is currently maintaining a significant military 
        presence within the Republic of Iraq;
Whereas the people of Iraq have expressed repeated concern about the status of 
        United States Armed Forces in their country;
Whereas Iraq is a sovereign nation, having regained its sovereignty on June 28, 
        2004, meaning that it is capable of being party to bilateral and 
        multilateral treaties;
Whereas the Interim Constitution of Iraq, in recognizing Coalition Provisional 
        Order Number 17 (relating to status of forces), establishes a precedent 
        that will not be incorporated into the permanent constitutional law of 
        Iraq;
Whereas a status-of-forces agreement is a standard bilateral agreement entered 
        into between two countries when the military forces of one country 
        operate within the sovereign territory of the other country;
Whereas a status-of-forces agreement is an important measure taken both to 
        underline the sovereignty of the host country and to protect the 
        military justice system of the visiting country;
Whereas The New York Times reported on November 29, 2006, that Stephen Hadley, 
        the National Security Advisor, wrote a memorandum to President George W. 
        Bush stating that a status-of-forces agreement with the Government of 
        Iraq should be negotiated over the next year;
Whereas section 1314(e)(2) of the U.S. Troop Readiness, Veterans' Care, Katrina 
        Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 
        110-28; 121 Stat. 125) mandated an assessment of the Iraqi security 
        forces by an independent private sector entity, and that entity, headed 
        by General James Jones (Ret.), recommended in September 2007 that 
        ``consideration be given to pursuing an agreement akin to a Status of 
        Forces Agreement (SOFA) with the Government of Iraq. . . . Appropriately 
        drawn, it would have the effect of codifying our relationship with the 
        host nation, reinforcing its sovereignty and independence, and would be 
        consistent with other such agreements we enjoy with many nations where 
        we have a military presence.''; and
Whereas United States Armed Forces currently operate under status-of-forces 
        agreements within the territory of Japan, South Korea, and many other 
        countries: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) the Government of the United States should submit to 
        the Government of Iraq a draft bilateral status-of-forces 
        agreement; and
            (2) the draft status-of-forces agreement should--
                    (A) address the sovereign rights of Iraq, 
                underlining that the United States is not an occupying 
                power;
                    (B) subject to negotiation with the Government of 
                Iraq, address the legal status of United States 
                personnel in Iraq, including the rights of United 
                States personnel in civil and criminal matters that are 
                subject to the jurisdiction of the Government of Iraq; 
                and
                    (C) subject to negotiation with the Government of 
                Iraq, establish primacy and coordinative mechanisms 
                with respect to investigations and operations involving 
                United States and Iraqi forces, including civilian 
                police forces.
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