SOFA Act

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.