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Code · BILL · 119th Congress · S. 2296 (Engrossed in Senate) — To authorize appropriations for fiscal year 2026 for military activities of the Department of Defense, for military c... · Sec. 1225

Sec. 1225. Oversight of United States military posture in Europe

1,139 words·~5 min read·/bill/119/s/2296/es/section-1225·

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Until the date that is 90 days after the date on which the certification described in subsection
(b)and the assessment described in subsection
(c)are submitted to the congressional defense committees, amounts authorized to be appropriated by this Act may not be obligated or expended— to reduce the total number of members of the Armed Forces permanently stationed in or deployed to the area of responsibility of the United States European Command below 76,000; to divest, consolidate, or otherwise return to a host country any site on the real property inventory of the United States European Command as of June 1, 2025; to divest, redeploy, withdraw, or otherwise permanently move out of the area of responsibility of the United States European Command any Department of Defense equipment or physical property positioned in such area of responsibility as of June 1, 2025, with an initial purchase value of more than $500,000; or to relinquish the role of the Commander of the United States European Command as North Atlantic Treaty Organization
(NATO)Supreme Allied Commander Europe. The certification described in this subsection is a certification by the Secretary of Defense, in consultation with the Commander of the United States European Command, the Secretary of State, and the Director of National Intelligence, to the congressional defense committees that, as applicable, a reduction of the total number of members of the Armed Forces permanently stationed in or deployed to the area of responsibility of the United States European Command below 76,000, the divestment, consolidation, or return to a host country of any site on the real property inventory of the United States European Command as of June 1, 2025, the divestment, redeployment, withdrawal, or otherwise permanent moving of equipment or property described in subsection (a)(3), or the relinquishment of the role of the Commander of the United States European Command as NATO Supreme Allied Commander Europe— is in the national security interest of the United States; and is being undertaken only after appropriate consultations with all North Atlantic Treaty Organization allies and relevant non-NATO partners. An assessment described in this subsection is the following: In the case of a reduction of the total number of members of the Armed Forces permanently stationed in or deployed to the area of responsibility of the United States European Command below 76,000, the divestment, consolidation, or return to a host country of any site on the real property inventory of the United States European Command, or the divestment, redeployment, withdrawal or otherwise permanent moving of equipment or property described in subsection (a)(3)— an analysis of the impact of such an action on— the security of the United States; the security of North Atlantic Treaty Organization allies and the strength and security of the North Atlantic Treaty Organization as a whole; and the ability of the United States to meet national North Atlantic Treaty Organization capability targets, regional and theater campaign plans, and other warfighting requirements, as determined by the Commander of the United States European Command and the NATO Supreme Allied Commander Europe; an assessment of the threat posed by the Russian Federation to the North Atlantic Treaty Organization in the near term, medium term, and long term; an analysis of the impact of such an action on the ability of the Armed Forces to execute contingency plans of the Department of Defense, including in support of operations and crisis response in the areas of responsibility of the United States Central Command and the United States Africa Command; a detailed analysis of the costs for relocation of personnel, equipment, and associated infrastructure; an analysis of the impact of such an action on military training and major military exercises, including on interoperability and joint activities with North Atlantic Treaty Organization allies and partners; a description of consultations with each North Atlantic Treaty Organization ally and all relevant non-NATO partners; an assessment of the impact of such an action on the credibility of United States extended deterrence commitments to North Atlantic Treaty Organization allies, and the potential for nuclear proliferation in the European theater; an assessment of the impact of such an action on transatlantic cooperation to deter potential threats from the People’s Republic of China; and an independent risk assessment by the Commander of the United States European Command and the Chairman of the Joint Chiefs of Staff of— the impact of such a reduction or divestment, consolidation, or return on the security of the United States; the ability of the Armed Forces to provide forward defense of the United States; the ability of the Armed Forces to execute contingency plans of the Department of Defense, including in support of operations outside the area of responsibility of the United States European Command; and the impact of such a reduction or divestment, consolidation, or return on military training and major military exercises, including on interoperability and joint activities with North Atlantic Treaty Organization allies and partners. In the case of the relinquishment of the role of the Commander of the United States European Command as the NATO Supreme Allied Commander Europe— a classified explanation of the role of United States nuclear weapons in supporting North Atlantic Treaty Organization operations and activities after having relinquished such role, including changes to command and control relationships and adjustments to United States nuclear posture; a description of consultations with all North Atlantic Treaty Organization allies and relevant non-NATO partners, including through the Nuclear Planning Group of the North Atlantic Treaty Organization; an assessment of the impact of the withdrawal of a United States official as the NATO Supreme Allied Commander Europe on— the effectiveness of North Atlantic Treaty Organization nuclear deterrence; and the potential for nuclear proliferation in Europe; an independent risk assessment by the Commander of the United States European Command and the Chairman of the Joint Chiefs of Staff of— the nuclear capabilities of North Atlantic Treaty Organization allies; and the potential for nuclear proliferation in Europe; and an independent assessment by the Commander of the United States Strategic Command of— the capability and capacity of nuclear-armed North Atlantic Treaty Organization allies to effectively deter and, if necessary, defeat likely adversaries in the nuclear domain absent a United States commander serving in the role of Supreme Allied Commander Europe; changes to be made to existing United States contingency plans if other North Atlantic Treaty Organization member countries with nuclear capabilities were to provide extended nuclear deterrence to the North Atlantic Treaty Organization; and the impact of such provision of extended nuclear deterrence on United States nuclear posture and deterrence planning requirements. Any independent assessment required under paragraph
(1)shall be submitted to the congressional defense committees without modification or alteration. A certification described in subsection
(b)shall be submitted in unclassified form. An assessment described in subsection
(c)shall be submitted in unclassified form but may include a classified annex.
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