OVERSEAS BASE REALIGNMENT AND CLOSURE COALITION
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Proposals for Congress


NDAA Amendment Ideas for Overseas Bases
with Potential Bipartisan Support
Please double check all the wording and language to ensure proposals are free of errors.
 
1. Economic Benefit of Shifting Personnel Overseas to Domestic Bases
SEC. ___. INDEPENDENT ASSESSMENT OF ECONOMIC AND COST IMPACTS OF RETURNING OVERSEAS PERSONNEL TO DOMESTIC BASES.
(a) Assessment Required.-- The Secretary of Defense shall seek to enter into an agreement with an independent federally funded research and development center or other appropriate independent entity to conduct an assessment of--
  1. the potential economic benefits to States and local communities of relocating members of the Armed Forces and accompanying family members from overseas military installations to domestic military installations; and
  2. the comparative recurring costs of maintaining such personnel at domestic bases versus overseas bases, taking into account the additional costs of relocation and the routine costs borne by the Department of Defense for permanent change of station moves.
    (b) Report.-- Not later than 12 months after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the results of the assessment.

[IT WOULD BE HELPFUL (AND MORE RISKY POLITICALLY) TO ADD A CLARIFICATION THAT THE ENTITY CANNOT BE ONE RECEIVING FUNDS FROM PENTAGON CONTRACTORS.]

2. Study on Overseas Military Presence of the United States
SEC. ___. INDEPENDENT REVIEW OF UNITED STATES OVERSEAS MILITARY PRESENCE.
(a) Review Required.-- The Secretary of Defense shall seek to enter into an agreement with an independent entity to conduct a comprehensive review of--
  1. the number and disposition of members of the Armed Forces stationed outside the United States;
  2. the feasibility of reducing or closing military installations abroad;
  3. the amounts paid by the United States, whether formally or informally, as direct or indirect compensation (“rent”) to host nations; and
  4. the amounts, if any, received by the United States from foreign governments related to such military presence.
    (b) Report.-- The Secretary shall submit the results of the review to the congressional defense committees not later than 12 months after the date of enactment of this Act.
[IT WOULD BE HELPFUL (AND MORE RISKY POLITICALLY) TO ADD A CLARIFICATION THAT THE ENTITY CANNOT BE ONE RECEIVING FUNDS FROM PENTAGON CONTRACTORS.] 

3. Justification for Overseas Base Sites
SEC. ___. STATEMENT OF JUSTIFICATION FOR OVERSEAS MILITARY INSTALLATIONS.
Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report providing for each military installation or site outside the United States--
  1. a statement of its military purpose and contribution to national security;
  2. an explanation of why its functions cannot be performed from a domestic location; and
  3. an assessment of why the additional costs of maintaining such a site, as compared to a comparable domestic facility, are justified.

4. Excess Capacity
SEC. ___. REPORT ON EXCESS CAPACITY AT OVERSEAS MILITARY INSTALLATIONS.
The Secretary of Defense shall submit to the congressional defense committees, not later than 180 days after the date of enactment of this Act, a report identifying excess capacity at overseas bases, including housing, schools, and other support facilities for members of the Armed Forces and accompanying family members.


5. Secret Agreements for Overseas Military Installations
SEC. ___. LIMITATION ON NEW AGREEMENTS FOR OVERSEAS MILITARY INSTALLATIONS WITHOUT CONGRESSIONAL APPROVAL.
The President may not enter into any agreement with a foreign government for the establishment, expansion, or substantial modification of a military installation or facility outside the United States, including any status of forces agreement or other basing arrangement, unless expressly authorized by Congress.


6. Status of Forces Agreements (SOFAs)
SEC. ___. PUBLICATION OF STATUS OF FORCES AGREEMENTS.
The Secretary of State, in coordination with the Secretary of Defense, shall make publicly available on an Internet website of the Department of State the text of each status of forces agreement between the United States and any foreign government that is in effect as of the date of enactment of this Act or thereafter entered into.


7. Negotiations for Overseas Military Installations
SEC. ___. LIMITATION ON NEGOTIATIONS FOR OVERSEAS MILITARY INSTALLATIONS WITHOUT CONGRESSIONAL APPROVAL.
No department or agency of the executive branch may enter into formal negotiations with any foreign government relating to the establishment, expansion, or substantial modification of a United States military installation or facility outside the United States without the express authorization of Congress.


8. Troop Deployments
SEC. ___. LIMITATION ON DEPLOYMENT OF UNITED STATES MILITARY PERSONNEL ABROAD WITHOUT CONGRESSIONAL APPROVAL.
The President may not deploy or otherwise send to any foreign country or location, for any period of time, more than--
  1. 100 members of the Armed Forces, including contractors and civilians accompanying the force; or
  2. one percent of the total number of members of the Armed Forces currently deployed in such country,
    whichever is lower, unless specifically authorized by an Act of Congress.

9. Bases in Undemocratic Countries
SEC. ___. REPORT ON UNITED STATES BASES IN COUNTRIES WITHOUT DEMOCRATIC GOVERNANCE.
Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report providing for each overseas base located in a country that is not governed democratically--
  1. the purpose and functions of the base; and
  2. an explanation of why those functions cannot be performed in the United States or in another location.

10. Base Structure Report
SEC. ___. ACCURACY AND COMPLETENESS OF BASE STRUCTURE REPORT.
The Secretary of Defense shall ensure that the annual Base Structure Report--
  1. accurately reflects all military installations, sites, and facilities occupied or used by members of the Armed Forces during the fiscal year, including those supporting overseas contingency operations; and
  2. corrects any data omissions identified by the Government Accountability Office or other audit entities.

11. Accuracy of the “Overseas Cost Summary”
SEC. ___. INDEPENDENT STUDY ON ACCURACY OF THE OVERSEAS COST SUMMARY.
The Secretary of Defense shall seek to enter into an agreement with an independent entity to evaluate the accuracy and completeness of the Department of Defense’s annual Overseas Cost Summary in measuring the actual costs of maintaining military installations and personnel overseas, including contingency operations. A report of such study shall be submitted to the congressional defense committees not later than 12 months after the date of enactment of this Act.


[IT WOULD BE HELPFUL (AND MORE RISKY POLITICALLY) TO ADD A CLARIFICATION THAT THE ENTITY CANNOT BE ONE RECEIVING FUNDS FROM PENTAGON CONTRACTORS.]

12. Overseas Cost Summary (Expanded Requirements)
SEC. ___. IMPROVEMENTS TO THE OVERSEAS COST SUMMARY REPORT.
The Secretary of Defense shall ensure that the annual Overseas Cost Summary includes--
  1. the full costs of maintaining U.S. military installations and personnel overseas, including combatant command headquarters costs;
  2. direct and indirect payments to host nations, including rent and utilities;
  3. family housing construction, maintenance, and operations costs overseas; and
  4. all Navy and other service-specific expenditures attributable to overseas presence.

13. Residual Value Negotiations
SEC. ___. PROHIBITION ON IN-KIND PAYMENTS OF RESIDUAL VALUE.
The Secretary of Defense may not accept residual value for returned military installations or facilities outside the United States in any form other than cash.


14. U.S. Taxes Paid by Major Contractors on Overseas Bases
SEC. ____. INDEPENDENT STUDY OF U.S. TAXES PAID BY MAJOR CONTRACTORS ON OVERSEAS BASES.
(a) Study Required.-- The Secretary of Defense shall commission an independent study to determine the amount of Federal income taxes paid to the United States by contractors that--

1.     perform work on United States military bases or facilities overseas; and
2.     receive in excess of $50,000,000 annually in contract obligations from the Department of Defense.
(b) Contents of Study.-- The study shall include, for each such contractor--
1.     the total value of contracts performed on overseas bases during the most recent fiscal year;
2.     the amount of Federal income tax paid to the United States Government; and
3.     an analysis comparing taxes paid to total contract revenue.
(c) Report to Congress.-- Not later than one year after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the results of the study, together with any recommendations to improve transparency regarding tax compliance of major defense contractors operating overseas.

15. Prostitution Compliance Report
SEC. ____. INDEPENDENT REPORT ON COMPLIANCE WITH UCMJ PROHIBITION ON SOLICITATION OF PROSTITUTION OVERSEAS.
The Secretary of Defense shall commission an independent report assessing the compliance of U.S. military personnel stationed overseas with the prohibition on the solicitation of prostitution under the Uniform Code of Military Justice. The report shall be submitted to the congressional defense committees within one year of enactment.



16. Prohibition on Construction of New Military Installations in IsraelSEC. __. PROHIBITION ON CONSTRUCTION OF NEW MILITARY INSTALLATIONS IN ISRAEL.
(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended for the planning, design, construction, or expansion of any military base, facility, site, installation, or other physical infrastructure located in the State of Israel or in territory under its control unless--
(1) the Secretary of Defense has provided prior written notification to the congressional defense committees; and
(2) such construction or expansion has been specifically authorized by law and funds for such purpose have been specifically appropriated.


17. Prohibition on Deployment of Additional U.S. Personnel in IsraelSEC. __. PROHIBITION ON DEPLOYMENT OF ADDITIONAL UNITED STATES PERSONNEL IN ISRAEL.
(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended to deploy additional members of the Armed Forces of the United States, Pentagon contractors performing work for the Department of Defense, or other personnel under Department of Defense authority, to the State of Israel or to any territory under its control for any period of time, except as specifically authorized by law.


18. Prohibition on Deployment of U.S. Personnel in Gaza and West BankSEC. __. PROHIBITION ON DEPLOYMENT OF UNITED STATES PERSONNEL IN GAZA STRIP AND WEST BANK.
(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for any department or agency of the United States Government may be obligated or expended to deploy any members of the Armed Forces of the United States, Pentagon contractors, other United States Government contractors, or United States Government civilian personnel to the territory of the Gaza Strip or the West Bank for any period of time, except as specifically authorized by law.

 
19. U.S. Troops in AfricaSEC. ____. REPORT ON UNITED STATES MILITARY PRESENCE IN AFRICA.
The Secretary of Defense shall submit to the congressional defense committees a report detailing--

1.     the number, location, and duration of United States military personnel stationed or temporarily deployed on the African continent; and
2.     all military installations, facilities, or sites in Africa constructed, maintained, or funded by the United States since fiscal year 2001.

20. Africa Command HeadquartersSEC. ____. RELOCATION OF UNITED STATES AFRICA COMMAND HEADQUARTERS.
Not later than 18 months after the date of enactment of this Act, the Secretary of Defense shall relocate the headquarters of the United States Africa Command from Stuttgart, Germany, to a location within the United States, consistent with Government Accountability Office findings regarding cost savings.


 
A Sample of Helpful Prior Year Amendments that Could Be Reintroduced
 
SEC . 110. The Committee includes a provision that prohibits construction of new bases overseas without prior notification and/or for which specific appropriations have not been made.
 
SEC . 104 A provision that prohibits construction of new bases inside the continental United States for which specific appropriations have not been made.
 
SEC . 106. The Committee includes a provision that prohibits the use of funds to acquire land, prepare a site, or install utilities for any family housing except housing for which funds have been made available.
 
SEC . 113. The Committee includes a provision that requires notification of military exercises involving construction costs in excess of $100,000.
 
SEC . 114. A provision that limits obligations during the last 2 months of the fiscal year.
 
SEC. 113. The Secretary of Defense is to inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of the plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000 [lower to $50,000?].


NDAA Amendment Ideas for Overseas Bases: Left Leaning
Please double check all the wording and language to ensure proposals are free of errors.


Environmental Law Overseas
SEC. ____. COMPLIANCE WITH ENVIRONMENTAL LAWS AT OVERSEAS MILITARY INSTALLATIONS.
The Secretary of Defense shall ensure that all United States military installations, facilities, and sites located outside the United States comply with applicable United States environmental laws, as well as the environmental laws and regulations of the host nation, to the maximum extent practicable.
Supporting Undemocratic Regimes
SEC. ____. ANNUAL REPORT ON U.S. BASES IN COUNTRIES WITH NONDEMOCRATIC GOVERNMENTS.
The Secretary of Defense shall submit to the congressional defense committees an annual report identifying--
1.     each foreign country determined by the Secretary of State, the United Nations, or other widely recognized international reporting entity to be nondemocratic; and
2.     all United States military installations, facilities, or sites maintained in such countries.

Removing Support for Undemocratic RegimesSEC. ____. LIMITATION ON MILITARY CONSTRUCTION IN NONDEMOCRATIC COUNTRIES.
No funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended for the construction or expansion of any United States military installation in a country identified as nondemocratic pursuant to section __ of this Act, unless specifically authorized by an Act of Congress.

Okinawa ConsolidationSEC. ____. STUDY ON CONSOLIDATION OF MARINE CORPS AIR STATION FUTENMA INTO KADENA AIR BASE.
The Secretary of Defense shall commission an independent study to assess the feasibility, costs, and operational implications of consolidating Marine Corps Air Station Futenma into Kadena Air Base on Okinawa.

Okinawa Base ClosureSEC. ____. CLOSURE OF MARINE CORPS AIR STATION FUTENMA AND CANCELLATION OF FUTENMA REPLACEMENT FACILITY.
It is the sense of Congress that--
1.     the President should close Marine Corps Air Station Futenma at the earliest practicable date;
2.     no funds should be obligated or expended for construction of the Futenma Replacement Facility; and
3.     United States Marine Corps personnel currently stationed at Futenma should be relocated to [Kadena Air Base, Hawaii, California, or other locations as determined appropriate].
Guam Military Build-Up
SEC. ____. LIMITATION ON SPENDING FOR MILITARY BUILD-UP ON GUAM.
(a) Halt on Spending.-- No funds may be obligated or expended for military construction associated with the Guam military build-up until the Secretary of Defense certifies to the congressional defense committees that civilian infrastructure plans are in place to support additional military personnel, family members, and construction workers.
(b) Infrastructure Investment.-- The Secretary of Defense shall ensure that adequate funds are provided to assist in the development of necessary civilian infrastructure on Guam.

Pagan, CNMISEC. ____. PROHIBITION ON MILITARY USE OF PAGAN ISLAND.
No funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended for any military training, construction, or operations on Pagan Island, Commonwealth of the Northern Mariana Islands.

Diego Garcia – Position on Chagossian ReturnSEC. ____. PRESIDENTIAL STATEMENT ON RESETTLEMENT OF CHAGOSSIANS.
Not later than 60 days after the date of enactment of this Act, the President shall submit to Congress a statement of the position of the United States Government regarding the resettlement of the Chagossian people on Diego Garcia and the other Chagos Islands, including a detailed justification for any opposition to such resettlement.

Diego Garcia – Assistance for Chagossian ReturnSEC. ____. SUPPORT FOR RESETTLEMENT OF CHAGOSSIANS.
The Secretary of Defense shall take all necessary steps to allow and assist the resettlement of the Chagossian people on Diego Garcia and other islands of the Chagos Archipelago, including logistical, security, and financial assistance as appropriate.

No Bases Supporting Dictators or Human Rights ViolatorsSEC. ____. PLAN FOR REMOVAL OF BASES FROM COUNTRIES WITH SEVERE HUMAN RIGHTS VIOLATIONS.
The Secretary of Defense shall develop and submit to Congress a plan for the removal or relocation of United States military installations, facilities, and sites from countries determined by the Secretary of State, the United Nations, or other recognized sources to be both nondemocratic and responsible for egregious human rights violations.

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  • HOME
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  • Drawdown Report
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    • Protect the Marianas
    • Overseas Bases Report in FY2020 NDAA
    • Letter 2018
    • es/de/fr/It/Sh/
  • About
  • CONTACT
  • Proposals for Congressional Action