United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011

United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011 - Directs the President to seek to enter into a bilateral status of forces agreement with the government of Afghanistan which shall: (1) prohibit the permanent basing or military presence of U.S. Armed Forces in Afghanistan; (2) provide, no later than one year after the date on which such agreement is entered into, for the complete redeployment from Afghanistan of the U.S. Armed Forces and Department of Defense (DOD) civilian employees and contractors; and (3) establish that the temporary presence of U.S. Armed Forces in Afghanistan is at the request of the government of Afghanistan.

Authorizes such agreement to provide for specific activities or missions of the U.S. Armed Forces in Afghanistan.

Expresses the sense of Congress that the President should submit such agreement to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for such agreement by Congress.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 651 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 651

    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.


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Afghanistan Status of 
Forces Agreement (SOFA) Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) 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.
            (2) 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.
            (3) 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.
            (4) The Taliban was removed from power and the United 
        States concluded security agreements with the newly formed 
        Afghan government.
            (5) Al Qaeda no longer has a major or relevant presence in 
        Afghanistan.
            (6) 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.
            (7) 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.
            (8) The United States is currently party to more than 100 
        agreements on the status of forces.
            (9) 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.
            (10) 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.
            (11) 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.
            (12) In a similar agreement, a deadline has been 
        established for the withdrawal of United States troops by a 
        date certain.
            (13) 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.

SEC. 3. STATUS OF FORCES AGREEMENT WITH AFGHANISTAN.

    (a) 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.
    (b) Mandatory Elements.--The status of forces agreement specified 
in subsection (a) shall, to the maximum extent practicable--
            (1) prohibit the permanent basing or military presence of 
        United States Armed Forces in Afghanistan;
            (2) 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
            (3) establish that the temporary presence of United States 
        Armed Forces in Afghanistan is at the request and invitation of 
        the sovereign Government of Afghanistan.
    (c) 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.
    (d) 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.
    (e) Submission to Congress.--
            (1) 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.
            (2) 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.
            (3) Definition.--In paragraph (2), the term ``Member of the 
        House of Representatives'' includes a Delegate or Resident 
        Commissioner to Congress.
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