U.S.-Iraq Withdrawal/Status of Forces Agreement: Issues for Congressional Oversight
"On November 17, 2008, after months of negotiations, U.S. Ambassador to Iraq Ryan Crocker and Iraq Foreign Minister Hoshyar Zebari signed two documents: (1) the Strategic Framework Agreement for a Relationship of Friendship and Cooperation between the United States and the Republic of Iraq, and (2) the Agreement Between the United States of America and Republic of Iraq On the Withdrawal of United States Forces from Iraq and the Organization of Their Activities during Their Temporary Presence in Iraq. The second agreement is commonly referred to as the SOFA between the United States and Iraq and is incorporated by reference into the larger
strategic agreement.

Congress has several tools by which to exercise oversight regarding negotiation, form, conclusion, and implementation of agreements by the United States and although the agreements with Iraq were negotiated and concluded as executive agreements, they have not been implemented. The agreements are not scheduled to be in force until January 1, 2009, and even then, there remain many unanswered questions about the specific terms within the SOFA. This report begins by discussing the historical legal framework governing U.S. military operations in Iraq. The report then provides a general background as to the contents of agreements traditionally considered Status of Forces Agreements (SOFAs). Finally, the report discusses specific aspects of the SOFA, highlighting issues that may require continued congressional oversight."