[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Pages S3228-S3229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1703. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

    Subtitle H--United States National Security Interests in Europe

     SEC. 1291. SHORT TITLE.

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

     SEC. 1292. 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

[[Page S3229]]

     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. 1293. 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. 1294. 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. 1295. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

       In this subtitle, 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.
                                 ______