[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 802 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 802

To require the President to seek to obtain host nation payment of most 
 or all of the overseas basing costs for forces of the Armed Forces of 
the United States in such nation, to limit the use of funds for paying 
overseas basing costs for United States forces, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 21 (legislative day, April 19), 1993

 Mr. Lautenberg (for himself and Mr. Harkin) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
To require the President to seek to obtain host nation payment of most 
 or all of the overseas basing costs for forces of the Armed Forces of 
the United States in such nation, to limit the use of funds for paying 
overseas basing costs for United States forces, and for other purposes.

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

SECTION 1. FINDINGS.

    The Congress makes the following findings:
            (1) The Congress has previously directed the Secretary of 
        Defense to seek to enter into multiyear burden sharing support 
        agreements with economically strong North Atlantic Treaty 
        Organization (NATO) allies of the United States in order to 
        obtain increased host nation contributions toward defraying the 
        overseas basing costs for forces of the Armed Forces of the 
        United States in that host country.
            (2) In fiscal year 1992--
                    (A) the government of Germany contributed 
                approximately 23 percent of the overseas basing costs 
                for United States forces in that country;
                    (B) the government of Italy contributed 
                approximately 20 percent of the overseas basing costs 
                for United States forces in that country;
                    (C) the government of the United Kingdom 
                contributed approximately 14 percent of the overseas 
                basing costs for United States forces in that country; 
                and
                    (D) the United States paid the remainder of such 
                costs.
            (3) The Japanese government will pay 75.1 percent of 
        overseas basing costs according to the host nation burden 
        sharing support agreement between the United States and Japan.
            (4) In accordance with that agreement, the government of 
        Japan contributed in fiscal year 1992 approximately 70 percent 
        of the overseas basing costs for United States forces in that 
        country, and the United States paid the remainder of such 
        costs.
            (5) If the economically strong NATO allies of the United 
        States had contributed 75 percent of the overseas basing costs 
        that were incurred for fiscal year 1992 for United States 
        forces in the countries of such allies, the United States would 
        have saved an estimated $5,000,000,000 of the amount paid by 
        the United States for overseas basing costs for that fiscal 
        year.
            (6) It is in the national interest of the United States for 
        the United States and our economically strong allies to enter 
        into burden sharing support agreements that provide for such 
        allies to defray most or all of the overseas basing costs for 
        the United States forces stationed in the allied countries.

SEC. 2. INCREASED BURDEN SHARING BY ALLIES OF THE UNITED STATES.

    (a) Defense Cost-Sharing Agreements.--The President shall enter 
into negotiations with each foreign nation described in subsection 
(b)(1) to seek to conclude an agreement that provides for such nation 
to pay at least 75 percent of the overseas basing costs that are 
incurred for the stationing of members of the Armed Forces of the 
United States and related civilian employees of the Department of 
Defense in that nation as a result of the implementation of a bilateral 
or multilateral defense agreement with that nation.
    (b) Covered Foreign Nations.--
            (1)  In general.--Except as provided in paragraph (2), the 
        foreign nations referred to in subsection (a) are the 
        following:
                    (A) Each member nation of the North Atlantic Treaty 
                Organization (other than the United States).
                    (B) Every other foreign nation with which the 
                United States has a bilateral or multilateral defense 
                agreement that provides for the assignment of combat 
                units of the Armed Forces of the United States to 
                permanent duty ashore in that nation or the placement 
                of combat equipment of the United States in that 
                nation.
            (2) Inapplicability to certain foreign nations.--The 
        foreign nations referred to in subsection (a) do not include 
        any foreign nation that receives assistance or financing 
        under--
                    (A) section 23 of the Arms Export Control Act (22 
                U.S.C. 2673), relating to the foreign military 
                financing program; or
                    (B) the provisions of chapter 4 of part II of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
                seq.).

SEC. 3. USE OF FUNDS FOR PAYING OVERSEAS BASING COSTS.

    (a) Limitation.--Funds may not be expended to pay more than the 
allowable percent of the overseas basing costs that are incurred during 
a fiscal year referred to in subsection (b) for the stationing of 
members of the Armed Forces of the United States and related civilian 
employees of the Department of Defense in a nation referred to in 
section 2(a) as a result of the implementation of a bilateral or 
multilateral defense agreement with that nation.
    (b) Maximum Allowable Percent.--For purposes of subsection (a), the 
allowable percent for a fiscal year is as follows:
            (1) Fiscal year 1994.--For fiscal year 1994, 60 percent.
            (2) Fiscal year 1995.--For fiscal year 1995, 40 percent.
            (3) Fiscal years after fiscal year 1995.--For each fiscal 
        year that begins after September 30, 1995, 25 percent.

SEC. 4. WAIVER AUTHORITY.

    If the President determines that it is necessary to do so in the 
national security interest of the United States, the President may 
waive, with respect to a foreign nation referred to in section 2(a), 
the limitation in section 3. In the case of each such waiver, the 
President shall submit to Congress a written certification of the 
determination and a description of the extent of the waiver.

SEC. 5. REPORTING REQUIREMENT.

    Not later than September 30, 1993, the President shall submit to 
the Congress a plan and schedule for concluding with foreign nations 
referred to in section 2(a) agreements that provide for each such 
nation to pay 75 percent of the overseas basing costs that are incurred 
for the stationing of members of the Armed Forces of the United States 
and related civilian employees of the Department of Defense in that 
nation as a result of the implementation of a bilateral or multilateral 
defense agreement with that nation.

SEC. 6. OVERSEAS BASING COSTS DEFINED.

    In this Act, the term ``overseas basing costs'' means all costs 
related to the operation of installations in foreign countries at which 
forces of the Armed Forces of the United States are based and--
            (1) includes but are not limited to--
                    (A) pay for foreign nationals;
                    (B) costs of utilities;
                    (C) costs of local services;
                    (D) costs of military construction projects;
                    (E) costs of real property maintenance;
                    (F) costs of environmental restoration;
                    (G) leasing costs;
                    (H) taxes;
                    (I) user fees;
                    (J) tolls; and
                    (K) import duties; and
            (2) does not include the pay and allowances of members of 
        the Armed Forces of the United States and civilian employees of 
        the Department of Defense.

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