Suffolk Reporter

WASHINGTON, D.C. - Today, May 4th, 2023, Rep. Nick LaLota (NY-01), a Navy Veteran and member of the House Armed Services Committee, introduced the Safeguarding Our Forces Abroad (SOFA) Act. This legislation would require the Secretary of Defense, at a rate of one percent per month, to reduce the number of Armed Forces stationed in a “covered nation” where a binding and enforceable Status of Forces Agreement is not in place.

“Our troops deserve the same legal protections as American citizens back home when they are accused of a crime overseas. My SOFA Act would provide necessary reforms to Status of Forces Agreements to provide critical safeguards for our troops who are at risk of being mistreated or unjustly detained,” said LaLota. “By ensuring that our servicemembers are afforded Due Process including the right to counsel, we are sending a clear message that the United States stands with and supports those who defend our freedoms. It is our duty to protect those who have selflessly answered the call to serve and sacrifice for our country.”

To read the full text of the legislation click HERE.

Background:

Status of Forces Agreements are the compacts the Departments of Defense and State have with friendly foreign nations who host U.S. troops. Our SOFAs should ensure that when U.S. servicemembers are accused of a crime by a friendly foreign nation, they are afforded their basic American civil rights, such as a right to counsel of their choice, an interpreter, and a protection against pre-trial confinement when accused of a non-violent crime.

Unfortunately, existing SOFAs do not always comport with the basic rights our troops have earned and deserve. This flaw was recently revealed when Navy Lieutenant Ridge Alkonis was denied counsel and an interpreter pre-trial and jailed before his trial. For these reasons, LaLota introduced legislation to ensure that more of our servicemembers have access to basic rights afforded to those accused of crimes in the United States.

LaLota’s legislation requires the Department of State to negotiate SOFAs which give our troops basic constitutional rights when accused of a crime. Should the State Department fail to negotiate SOFAs with such protections within 180 days of the bill becoming law, the bill requires the Secretary of Defense, at a rate of one percent per month, to reduce the number of Armed Forces stationed in countries where we have 1,000 or more troops. SECDEF, however, can override that consequence if he/she declares, in writing, that national security prevents him/her from doing so. 

A pillar of these protections is the United States having proper, binding, and enforceable Status of Forces Agreements (SOFA) with our friendly foreign nations. Specifically, this legislation:

• prohibits the government of such country, including any jurisdiction within such country, from undertaking pre-trial detention of any member of the Armed Forces subject to an accusation of committing a non-violent crime;
• 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 counsel of choice;
• 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 
• guarantees any member is not compelled to be a witness against him or herself and will be protected from any forced coercion.

Original source can be found here.