I
112th CONGRESS
1st Session
H. R. 651
IN THE HOUSE OF REPRESENTATIVES
February 10, 2011
Ms. Woolsey (for herself, Mr. Duncan of Tennessee, Ms. Lee of California, Mr. Jones, Mr. Ellison, Mr. Paul, Mr. Grijalva, Mr. Honda, Mr. McGovern, and Ms. Waters) introduced the following bill; which was referred to the Committee on Foreign Affairs
A BILL
To require the President to seek to negotiate and enter into a bilateral status of forces agreement with the Government of the Islamic Republic of Afghanistan.
Short title
This Act may be cited as the
United States-Afghanistan Status of Forces Agreement (SOFA)
Act of 2011
.
Findings
Congress finds the following:
Al Qaeda, a terrorist organization using Afghanistan as a base of operations, attacked the United States on September 11, 2001, killing nearly 3,000 people in New York, Pennsylvania, and Virginia.
Congress passed and the President signed the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) on September 18, 2001.
The United States initiated Operation Enduring Freedom to combat Al Qaeda and prevent the Taliban regime in Afghanistan from providing Al Qaeda with safe harbor.
The Taliban was removed from power and the United States concluded security agreements with the newly formed Afghan government.
Al Qaeda no longer has a major or relevant presence in Afghanistan.
The United States
and Afghanistan has exchanged notes, signed agreements, and issued joint
declarations
on various topics, but have not entered into a bilateral
agreement on the status of forces.
A status of forces agreement with Afghanistan would not expressly authorize the United States to carry out military operations in Afghanistan but would recognize that such operations are ongoing.
The United States is currently party to more than 100 agreements on the status of forces.
A status of forces agreement may be a multilateral or bilateral agreement addressing the status of United States Armed Forces while present in a foreign country.
Status of forces agreements may include—but are not limited to—how the domestic laws of the foreign jurisdiction shall be applied to United States personnel and contractors while in that country.
In a similar agreement, parties have pledged to work cooperatively in a number of fields, including on diplomatic, security, economic, cultural, and law enforcement matters.
In a similar agreement, a deadline has been established for the withdrawal of United States troops by a date certain.
United States personnel subject to a status of forces agreement may include members of the United States Armed Forces, Department of Defense civilian employees, and contractors working for the Department of Defense.
Status of forces agreement with Afghanistan
In general
Not later than 90 days after the date of the enactment of this Act, the President shall seek to negotiate and enter into a bilateral status of forces agreement with the Government of Afghanistan in accordance with the requirements of this section.
Mandatory elements
The status of forces agreement specified in subsection (a) shall, to the maximum extent practicable—
prohibit the permanent basing or military presence of United States Armed Forces in Afghanistan;
provide a date, no later than 1 year after the date on which the agreement is entered into with the Government of Afghanistan, for the complete, safe, and orderly redeployment from Afghanistan of all members of the United States Armed Forces, Department of Defense civilian employees, and contractors working for the Department of Defense; and
establish that the temporary presence of United States Armed Forces in Afghanistan is at the request and invitation of the sovereign Government of Afghanistan.
Discretionary elements
The status of forces agreement specified in subsection (a) may provide for the authorization of specific exercises, activities, or missions of the United States Armed Forces in Afghanistan.
Sense of Congress
It is the sense of Congress that the President should submit the status of forces agreement specified in subsection (a) to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for the status of forces agreement by Congress.
Submission to Congress
In general
The President shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a copy of the status of forces agreement specified in subsection (a). The status of forces agreement shall be submitted in unclassified form but may contain a classified annex if necessary.
Availability
Any Senator or Member of the House of Representatives may review the copy of the status of forces agreement submitted under paragraph (1), including any portions of the agreement contained in the classified annex.
Definition
In paragraph (2), the term Member of the House of Representatives includes a Delegate or Resident Commissioner to Congress.