To require reports on the use of indemnification agreements in Department of Defense contracts.
What it does: Adds SEC. 847. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS at the end of subtitle C of title VIII
Sen. Ron Wyden (D-OR)What it changes
1 change to S. 3254 · shown in the bill's text
Adds SEC. 847. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS at the end of subtitle C of title VIII
Adds a sectionIn S. 3254 · Placed on Calendar Senate
Section 2304c(e) of title 10, United States Code, is amended by striking paragraph (3).
Inserted: SEC. 847. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.
Inserted: (a) In General.--Not later than 90 days after the end of each of fiscal years 2013 through 2016, the Secretary of Defense shall submit to the appropriate committees of Congress a report on any actions described in subsection (b) which occurred during the preceding fiscal years.
Inserted: (b) Actions Described.--
Inserted: (1) In general.--An action described in this subsection is the Secretary of Defense--
Inserted: (A) entering into a contract that includes an indemnification provision relating to bodily injury caused by negligence or relating to wrongful death; or
Inserted: (B) modifying an existing contract to include a provision described in subparagraph (A) in a contract.
Inserted: (2) Excluded contracts.--Paragraph (1) shall not apply to any contract awarded in accordance with--
Inserted: (A) section 2354 of title 10, United States Code; or
Inserted: (B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Inserted: (c) Matters Included.--For each action covered in a report under subsection (a), the report shall include--
Inserted: (1) the name of the contractor;
Inserted: (2) a description of the indemnification provision included in the contract; and
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Inserted: (3) a justification for the contract including the indemnification provision.
Inserted: (d) Form.--Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Inserted: (e) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--
Inserted: (1) the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the Senate; and
Inserted: (2) the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives.
Original wording
At the end of subtitle C of title VIII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2959. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 847. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.
(a) In General.--Not later than 90 days after the end of each of fiscal years 2013 through 2016, the Secretary of Defense shall submit to the appropriate committees of Congress a report on any actions described in subsection (b) which occurred during the preceding fiscal years.
(b) Actions Described.--
(1) In general.--An action described in this subsection is the Secretary of Defense--
(A) entering into a contract that includes an indemnification provision relating to bodily injury caused by negligence or relating to wrongful death; or
(B) modifying an existing contract to include a provision described in subparagraph (A) in a contract.
(2) Excluded contracts.--Paragraph (1) shall not apply to any contract awarded in accordance with--
(A) section 2354 of title 10, United States Code; or
(B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(c) Matters Included.--For each action covered in a report under subsection (a), the report shall include--
(1) the name of the contractor;
(2) a description of the indemnification provision included in the contract; and
(3) a justification for the contract including the indemnification provision.
(d) Form.--Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(e) Appropriate Committees of Congress Defined.--In this section, the term “appropriate committees of Congress” means--
(1) the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives.
Legislative Activity
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Senate amendment proposed (on the floor): Amendment SA 2959 proposed by Senator Levin for Senator Wyden.(consideration: CR S7294-7298; text: CR S7294)
November 30, 2012
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Senate amendment proposed (on the floor): Amendment SA 2959 proposed by Senator Levin for Senator Wyden.(consideration: CR S7294-7298; text: CR S7294)
November 30, 2012
Senate amendment agreed to: Amendment SA 2959 agreed to in Senate by Unanimous Consent.
November 30, 2012
Amendment SA 2959 proposed by Senator Levin for Senator Wyden. (consideration: CR S7294-7298; text: CR S7294) To require reports on the use of indemnification agreements in Department of Defense contracts.
November 30, 2012
Amendment SA 2959 agreed to in Senate by Unanimous Consent.
November 30, 2012
Senate amendment submitted
November 27, 2012