IV 

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-offorces 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 


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•HCON 231 IH 

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 


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Japan, South Korea, and many other countries: Now, 

therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that— 

3 (1) the Government of the United States should 

4 submit to the Government of Iraq a draft bilateral 

5 status-of-forces agreement; and 

6 (2) the draft status-of-forces agreement 

7 should— 

8 (A) address the sovereign rights of Iraq, 

9 underlining that the United States is not an oc10 cupying power; 

11 (B) subject to negotiation with the Govern12 ment of Iraq, address the legal status of United 

13 States personnel in Iraq, including the rights of 

14 United States personnel in civil and criminal 

15 matters that are subject to the jurisdiction of 

16 the Government of Iraq; and 

17 (C) subject to negotiation with the Govern18 ment of Iraq, establish primacy and 

19 coordinative mechanisms with respect to inves20 tigations and operations involving United States 

21 and Iraqi forces, including civilian police forces. 

Æ 


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