[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4016 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4016

 To reiterate the support of Congress for the relationship between the 
   United States and the Federal Republic of Germany, to prevent the 
weakening of the deterrence capacity of the United States in Europe, to 
 prohibit use of funds to withdraw the United States Armed Forces from 
                    Europe, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2020

 Mr. Menendez introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To reiterate the support of Congress for the relationship between the 
   United States and the Federal Republic of Germany, to prevent the 
weakening of the deterrence capacity of the United States in Europe, to 
 prohibit use of funds to withdraw the United States Armed Forces from 
                    Europe, 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. SHORT TITLE.

    This Act may be cited as the ``Maintaining United States National 
Security Interests in Europe Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) The 2017 National Security Strategy states, ``[t]he 
        United States will deepen collaboration with our European 
        allies and partners to confront forces threatening to undermine 
        our common values, security interests, and shared vision. The 
        United States and Europe will work together to counter Russian 
        subversion and aggression, and the threats posed by North Korea 
        and Iran. We will continue to advance our shared principles and 
        interests in international forums.''.
            (2) After the end of World War II, the presence of foreign 
        military forces in Germany was governed by a law signed in 
        April 1949 that allowed France, the United Kingdom, and the 
        United States to retain forces in Germany.
            (3) The initial law was succeeded by the Convention on the 
        Presence of Foreign Forces in the Federal Republic of Germany, 
        signed at Paris on October 23, 1954, allowing eight North 
        Atlantic Treaty Organization (NATO) members, specifically 
        Belgium, Canada, Denmark, France, Luxembourg, the Netherlands, 
        the United Kingdom, and the United States, to maintain a long-
        term presence of military forces in the Federal Republic of 
        Germany.
            (4) The Federal Republic of Germany has made significant 
        contributions to the North Atlantic Treaty Organization 
        alliance, and by hosting the largest United States Armed Forces 
        presence in Europe, the Federal Republic of Germany has borne a 
        significant burden in the interest of collective security.
            (5) As of June 2020, the United States presence in various 
        locations in the Federal Republic of Germany, including in 
        Stuttgart at the United States European Command and the United 
        States Africa Command, consists of--
                    (A) approximately--
                            (i) 35,000 members of the Armed Forces;
                            (ii) 10,000 Department of Defense civilian 
                        employees; and
                            (iii) 2,000 defense contractors;
                    (B) personnel of the Department of State and other 
                United States Government agencies; and
                    (C) the dependents of individuals described in 
                subparagraphs (A) and (B).
            (6) The United States presence in Europe, including in the 
        Federal Republic of Germany--
                    (A) protects and defends the United States and 
                United States allies and partners by deterring conflict 
                with the Russian Federation and other adversaries;
                    (B) strengthens and supports the North Atlantic 
                Treaty Organization alliance and critical partnerships 
                in Europe; and
                    (C) serves as an essential support platform for 
                carrying out vital national security engagements in 
                Afghanistan, the Middle East, Africa, and Europe.
            (7) The deep bilateral ties between the United States and 
        the Federal Republic of Germany have led to decades of economic 
        prosperity for both countries and their allies and have 
        strengthened human rights and democracy around the world.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should continue to maintain and 
        strengthen the bilateral relationship with the Federal Republic 
        of Germany and the relationships with other European allies;
            (2) the United States should maintain a robust military 
        presence in the Federal Republic of Germany so as to deter 
        further aggression from the Russian Federation or aggression 
        from other adversaries against the United States and its allies 
        and partners; and
            (3) the United States should remain committed to strong 
        collaboration with European allies as outlined in the 2017 
        National Security Strategy.

SEC. 3. PROHIBITION ON USE OF FUNDS TO WITHDRAW THE UNITED STATES ARMED 
              FORCES FROM EUROPE.

    (a) In General.--Except as provided in subsection (b), 
notwithstanding any other provision of law, no Federal funds are 
authorized to be appropriated, obligated, expended, or otherwise made 
available to take any action--
            (1) to withdraw or otherwise reduce the overall presence, 
        including the rotational presence, of United States Armed 
        Forces personnel and civilian employees of the Department of 
        Defense in Europe;
            (2) to close or change the status of any base or other 
        facility of the United States Armed Forces located in Europe; 
        or
            (3) to withdraw or otherwise reduce the overall presence of 
        United States Armed Forces assets in Europe.
    (b) Exceptions.--The prohibition under subsection (a) shall not 
apply if--
            (1) the host government transmits to the United States 
        Government a written request for such a withdrawal or other 
        reduction; or
            (2)(A) the President declares the intent to take an action 
        described in subsection (a);
            (B) not later 180 days before initiating an action 
        described in subsection (a), the President submits to the 
        appropriate committees of Congress notice of such intent that 
        includes--
                    (i) a justification for the action;
                    (ii) the number of members of the United States 
                Armed Forces or civilian employees of the Department of 
                Defense to be withdrawn or reduced, as applicable;
                    (iii) a description of the United States Armed 
                Forces assets to be withdrawn or reduced, as 
                applicable;
                    (iv) a description of any base or facility of the 
                United States Armed Forces in Europe to be subject to 
                closure or change of status, as applicable;
                    (v) an explanation of the national security benefit 
                of the action to the United States and the North 
                Atlantic Treaty Organization; and
                    (vi) a plan to offset the reduction in United 
                States and North Atlantic Treaty Organization 
                conventional deterrence against Russian Federation 
                aggression caused by the action; and
            (C) the action is expressly authorized by a joint 
        resolution of Congress or an Act of Congress enacted after the 
        date of the declaration described in subparagraph (A).
    (c) Public Testimony.--Not later than 14 days after the submittal 
of the notice required by subparagraph (B), the Secretary of State and 
the Secretary of Defense shall testify before the appropriate 
committees of Congress in public session on such withdrawal or 
reduction.

SEC. 4. REPORT TO CONGRESS ON DECISION TO WITHDRAW THE UNITED STATES 
              ARMED FORCES FROM GERMANY.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the President, in consultation with the 
Secretary of State, the Secretary of Defense, and the Chairman of the 
Joint Chiefs of Staff, shall submit to the appropriate committees of 
Congress, a report that details the decisionmaking process used to 
arrive at the decision to withdraw members of the Armed Forces from the 
Federal Republic of Germany announced on June 15, 2020.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of whether any withdrawal of or reduction 
        in United States Armed Forces personnel in the Federal Republic 
        of Germany was ordered by a Presidential directive.
            (2) A description of the interagency process undertaken to 
        inform the decision outlined in any such Presidential directive 
        or other document calling for such a withdrawal or reduction.
            (3) A description of the communications with the North 
        Atlantic Treaty Organization, the Government of the Federal 
        Republic of Germany, or other North Atlantic Treaty 
        Organization member countries about the potential decision to 
        change United States force posture in the Federal Republic of 
        Germany.
            (4) An analysis of the United States national security 
        implications of the proposed withdrawal or reduction of United 
        States Armed Forces presence in the Federal Republic of 
        Germany.

SEC. 5. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

    In this Act, the term ``appropriate committees of Congress'' 
means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Select Committee on Intelligence, and the 
        Committee on Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Armed Services, the Permanent Select Committee on Intelligence, 
        and the Committee on Appropriations of the House of 
        Representatives.
                                 <all>