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Code · BILL · 119th Congress · H.R. 3838 (Reported in House) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 1304

Sec. 1304. Oversight of United States force posture in Europe

559 words·~3 min read·/bill/119/hr/3838/rh/section-1304·

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Until the date that is 90 days after the date on which the Commander of the United States European Command and the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, have each independently submitted to the appropriate congressional committees the certifications and assessments described in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2026 for the Department of Defense may be used— to take any action to reduce the total number of members of the Armed Forces assigned, deployed, or allocated to the United States European Command and present in the European theater to a number less than 76,000; or to divest, consolidate, or otherwise return to a host country any sites included in the real property inventory of the United States European Command as of June 1, 2025.
The certifications and assessments described in this subsection shall include the following: A certification that such a reduction, divestment, consolidation, or return of forces from Europe is in the national security interests of the United States, including a justification explaining the analysis behind such certification. A certification that the Secretary has consulted appropriately with North Atlantic Treaty Organization (referred to in this section as NATO ) allies and partners regarding such a reduction, divestment, consolidation, or return.
An assessment of the threat the Russian Federation poses to NATO in the near-, medium-, and long-term. A description of the requirements being prioritized that necessitate such a reduction, divestment, consolidation, or return. An analysis of the impact of such a reduction, divestment, consolidation, or return on the security of the United States, as well as the deterrence and defense posture of NATO. An analysis of the impact of such a reduction, divestment, consolidation, or return on the ability of the Armed Forces to support or execute the contingency plans of the Department of Defense, including operations— conducted by the United States European Command, within the area of responsibility of the European Command; or by the United States Central Command and the United States Africa Command, leveraging agreements with countries in the area of responsibility of the European Command regarding access, basing, or overflight.
An analysis of the impact of such a reduction, divestment, consolidation, or return on the ability of the Armed Forces to defend the homeland forward. An analysis of the impact of such a reduction, divestment, consolidation, or return on military training and major military exercises, including on interoperability with NATO allies and partners. A description of consultations with NATO, as well as NATO allies and partners, regarding such a reduction, divestment, consolidation, or return.
A plan for how the United States will coordinate with NATO to ensure that NATO can assume the capabilities and responsibilities of the members of the United States Armed Forces withdrawn as a result of such a reduction, divestment, consolidation, or return. An assessment of the impact of such a reduction, divestment, consolidation, or return on transatlantic cooperation to deter the People’s Republic of China. In this section, the term appropriate congressional committees means— the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
The limitation in subsection
(a)shall terminate on September 30, 2026.
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