SOFA Act

To reduce the number of members of the Armed Forces stationed in certain foreign countries with which the United States does not have a proper and enforceable Status of Forces Agreement, and for other purposes. 1. Short title This Act may be cited as the Safeguarding Our Forces Abroad Act SOFA Act 2. Reduction of personnel stationed in foreign countries (a) In general Beginning on the date that is 180 days after the date of the enactment of this Act, the Secretary of Defense shall reduce, at a rate of 1 percent each month, the number of members of the Armed Forces stationed in each covered foreign country with which a binding and enforceable Status of Forces Agreement is not in place that— (1) prohibits the government of such country, including any jurisdiction within such country, from undertaking pretrial detention of any member of the Armed Forces subject to an accusation of committing a non-violent crime; (2) guarantees to any member of the Armed Forces who is accused of a crime and whose liberty is at risk the right to immediately have access to and the presence of counsel of choice during all stages of the legal process, including investigations and interrogations; (3) guarantees to any member of the Armed Forces who is accused of a crime and whose liberty is at risk the right to immediately have access to appropriate language translation services; and (4) guarantees that any such accused member of the Armed Forces may not be compelled to be a witness against themselves and will be protected from confessions obtained through torture, coercion, threats, violence, or any means of improper influence. (b) Covered foreign country In this section, the term covered foreign country (c) Waiver The requirement to draw down the number of members of the Armed Forces stationed in a covered foreign country under subsection (a) may be waived if the Secretary of Defense certifies to the Chair and Ranking Member of the Committees on Armed Services of the House of Representatives and of the Senate that it is in the national security interests of the United States to avoid such a reduction in forces.

Summary: Safeguarding Our Forces Abroad Act or the SOFA Act This bill requires the Department of Defense (DOD) to reduce, at a rate of 1% each month, the number of members of the Armed Forces stationed in foreign countries where (1) at least 1,000 members of the Armed Forces were stationed in the previous fiscal year, and (2) there are not enforceable Status of Forces Agreements in place that contain specified elements. Specifically, the bill applies to countries that do not have enforceable Status of Forces Agreements in place that prohibit pretrial detention of any member of the Armed Forces who has been accused of committing a non-violent crime, guarantees an accused member of the Armed Forces immediate access to legal counsel and language translation services during the legal process, guarantees an accused member of the Armed Forces may not be compelled to be a witness against themselves, and guarantees an accused member of the Armed Forces will be protected from confessions obtained through torture, coercion, threats, violence, or any means of improper influence. The requirement to reduce force numbers may be waived if DOD certifies to Congress that it is in the national security interests of the United States to avoid a reduction in forces.