S.Amdt. 2530
What it does: 3 changes: inserts text in 2 places, replaces text
Sen. John Cornyn (R-TX)What it changes
3 changes to S. 1197
Change 1: Inserts “or subcontract” after “contract”
…contract[inserted: or subcontract]…
Original wording
On page 411, line 7, insert “or subcontract” after “contract”.
Change 2: Replaces “if the Secretary” through line 13 with new text
Struck: if the Secretary …
Inserted: if the Secretary--
Inserted: (1) determines that--
Inserted: (A) an action described in subsection (a) is necessary to meet a valid military requirement; and
Inserted: (B) there is no feasible alternative to Rosoboronexport for meeting such requirement; or
Inserted: (2) in consultation with the Secretary of State and the Director of National Intelligence, certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge, Rosoboronexport has ceased the transfer of lethal military equipment to the government of the Syrian Arab Republic.
Original wording
On page 411, beginning on line 12, strike “if the Secretary” and all that follows through line 13 and insert “if the Secretary--
Change 3: Inserts new text on page 412, between lines 7 and 8
InsertsPrinted pageInserted: (d) Department of Defense Inspector General Review.--
Inserted: (1) In general.--The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport in which a waiver is issued by the Secretary of Defense pursuant to subsection (b) on or after the date of the enactment of this Act.
Inserted: (2) Elements.--A review conducted under paragraph (1) shall assess the accuracy of the factual and legal conclusions made by the Secretary in the waiver covered by the review, including the following--
Inserted: (A) whether there is any viable alternative to Rosoboronexport for carrying out the function for which funds will be obligated;
Inserted: (B) whether the Secretary has previously used an alternative vendor for carrying out the same function regarding the military equipment in question, and what vendor was previously used;
Inserted: (C) whether other explanations for the issuance of the waiver are supportable; and
Inserted: (D) any other matter with respect to the waiver the Inspector General considers appropriate.
Inserted: (3) Report.--Not later than 90 days after a waiver is issued by the Secretary pursuant to subsection (b) that is covered by this subsection, the Inspector General shall submit to the congressional defense committees a report containing the results of the review on such waiver conducted under paragraph (1).
Inserted: SEC. 1233A. MODIFICATION OF FISCAL YEAR 2013 PROHIBITION ON USE OF FUNDS TO ENTER INTO CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT.
Inserted: (a) Scope of Prohibition.--Subsection (a) of section 1277 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2030) is amended by inserting "or subcontract" after "contract".
Inserted: (b) Waiver Authority.--Subsection (b) of such section is amended by striking "if the Secretary" and all that follows and inserting "if the Secretary--
Inserted: "(1) determines that--
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Inserted: "(A) an action described in subsection (a) is necessary to meet a valid military requirement; and
Inserted: "(B) there is no feasible alternative to Rosoboronexport for meeting such requirement; or
Inserted: "(2) in consultation with the Secretary of State and the Director of National Intelligence, certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge, Rosoboronexport has ceased the transfer of lethal military equipment to the government of the Syrian Arab Republic.".
Inserted: (c) Additional Limitations and Requirements.--Such section is further amended by adding at the end the following new subsections:
Inserted: "(c) Notice to Congress Before Obligation of Funds.--Not later than 30 days before obligating funds pursuant to any waiver pursuant to subsection (b) that is issued after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of Defense shall submit to Congress a notice on the obligation of funds pursuant to the waiver.
Inserted: "(d) Department of Defense Inspector General Review .--
Inserted: "(1) In general.--The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport in which a waiver is issued by the Secretary of Defense pursuant to subsection (b) on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014.
Inserted: "(2) Elements.--A review conducted under paragraph (1) shall assess the accuracy of the factual and legal conclusions made by the Secretary in the waiver covered by the review, including the following--
Inserted: "(A) whether there is any viable alternative to Rosoboronexport for carrying out the function for which funds will be obligated;
Inserted: "(B) whether the Secretary has previously used an alternative vendor for carrying out the same function regarding the military equipment in question, and what vendor was previously used;
Inserted: "(C) whether other explanations for the issuance of the waiver are supportable; and
Inserted: "(D) any other matter with respect to the waiver the Inspector General considers appropriate.
Inserted: "(3) Report.--Not later than 90 days after a waiver is issued by the Secretary pursuant to subsection (b) that is covered by this subsection, the Inspector General shall submit to the congressional defense committees a report containing the results of the review on such waiver conducted under paragraph (1).".
Inserted: SEC. 1233B. PROHIBITION ON USE OF FISCAL YEAR 2012 FUNDS TO ENTER INTO CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT.
Inserted: (a) Prohibition.--None of the funds authorized to be appropriated for the Department of Defense for fiscal year 2012 by the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) that remain available for obligation or expenditure as of the date of the enactment of this Act may be used to enter into a contract or subcontract, memorandum of understanding, or cooperative agreement with, to make a grant, to, or to provide a loan or loan guarantee to Rosoboronexport.
Inserted: (b) National Security Waiver Authority.--The Secretary of Defense may waive the applicability of subsection (a) if the Secretary--
Inserted: (1) determines that--
Inserted: (A) an action described in subsection (a) is necessary to meet a valid military requirement; and
Inserted: (B) there is no feasible alternative to Rosoboronexport for meeting such requirement; or
Inserted: (2) in consultation with the Secretary of State and the Director of National Intelligence, certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge, Rosoboronexport has ceased the transfer of lethal military equipment to the government of the Syrian Arab Republic.
Inserted: (c) Notice to Congress Before Obligation of Funds.--Not later than 30 days before obligating funds pursuant to any waiver pursuant to subsection (b), the Secretary of Defense shall submit to Congress a notice on the obligation of funds pursuant to the waiver.
Inserted: (d) Department of Defense Inspector General Review .--
Inserted: (1) In general.--The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport in which a waiver is issued by the Secretary of Defense pursuant to subsection (b).
Inserted: (2) Elements.--A review conducted under paragraph (1) shall assess the accuracy of the factual and legal conclusions made by the Secretary in the waiver covered by the review, including the following--
Inserted: (A) whether there is any viable alternative to Rosoboronexport for carrying out the function for which funds will be obligated;
Inserted: (B) whether the Secretary has previously used an alternative vendor for carrying out the same function regarding the military equipment in question, and what vendor was previously used;
Inserted: (C) whether other explanations for the issuance of the waiver are supportable; and
Inserted: (D) any other matter with respect to the waiver the Inspector General considers appropriate.
Inserted: (3) Report.--Not later than 90 days after a waiver is issued by the Secretary pursuant to subsection (b), the Inspector General shall submit to the congressional defense committees a report containing the results of the review on the waiver conducted under paragraph (1).
Inserted: SEC. 1233C. REPORT ON ROSOBORONEXPORT ACTIVITIES.
Inserted: (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following:
Inserted: (1) A list of the known transfers of lethal military equipment by Rosoboronexport to the Government of the Syrian Arab Republic since March 15, 2011.
Inserted: (2) A list of the known contracts, if any, that Rosoboronexport has signed with the Government of the Syrian Arab Republic since March 15, 2011.
Inserted: (3) A detailed list of all existing contracts, subcontracts, memorandums of understanding, cooperative agreements, grants, loans, and loan guarantees between the Department of Defense and Rosoboronexport, including a description of the transaction, signing dates, values, and quantities.
Inserted: (b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Original wording
On page 412, between lines 7 and 8, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2530. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 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:
On page 411, line 7, insert “or subcontract” after “contract”.
On page 411, beginning on line 12, strike “if the Secretary” and all that follows through line 13 and insert “if the Secretary--
(1) determines that--
(A) an action described in subsection (a) is necessary to meet a valid military requirement; and
(B) there is no feasible alternative to Rosoboronexport for meeting such requirement; or
(2) in consultation with the Secretary of State and the Director of National Intelligence, certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge, Rosoboronexport has ceased the transfer of lethal military equipment to the government of the Syrian Arab Republic.
On page 412, between lines 7 and 8, insert the following:
(d) Department of Defense Inspector General Review.--
(1) In general.--The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport in which a waiver is issued by the Secretary of Defense pursuant to subsection (b) on or after the date of the enactment of this Act.
(2) Elements.--A review conducted under paragraph (1) shall assess the accuracy of the factual and legal conclusions made by the Secretary in the waiver covered by the review, including the following--
(A) whether there is any viable alternative to Rosoboronexport for carrying out the function for which funds will be obligated;
(B) whether the Secretary has previously used an alternative vendor for carrying out the same function regarding the military equipment in question, and what vendor was previously used;
(C) whether other explanations for the issuance of the waiver are supportable; and
(D) any other matter with respect to the waiver the Inspector General considers appropriate.
(3) Report.--Not later than 90 days after a waiver is issued by the Secretary pursuant to subsection (b) that is covered by this subsection, the Inspector General shall submit to the congressional defense committees a report containing the results of the review on such waiver conducted under paragraph (1).
SEC. 1233A. MODIFICATION OF FISCAL YEAR 2013 PROHIBITION ON USE OF FUNDS TO ENTER INTO CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT.
(a) Scope of Prohibition.--Subsection (a) of section 1277 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2030) is amended by inserting “or subcontract” after “contract”.
(b) Waiver Authority.--Subsection (b) of such section is amended by striking “if the Secretary” and all that follows and inserting “if the Secretary--
“(1) determines that--
“(A) an action described in subsection (a) is necessary to meet a valid military requirement; and
“(B) there is no feasible alternative to Rosoboronexport for meeting such requirement; or
“(2) in consultation with the Secretary of State and the Director of National Intelligence, certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge, Rosoboronexport has ceased the transfer of lethal military equipment to the government of the Syrian Arab Republic.”.
(c) Additional Limitations and Requirements.--Such section is further amended by adding at the end the following new subsections:
“(c) Notice to Congress Before Obligation of Funds.--Not later than 30 days before obligating funds pursuant to any waiver pursuant to subsection (b) that is issued after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014, the Secretary of Defense shall submit to Congress a notice on the obligation of funds pursuant to the waiver.
“(d) Department of Defense Inspector General Review .--
“(1) In general.--The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport in which a waiver is issued by the Secretary of Defense pursuant to subsection (b) on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2014.
“(2) Elements.--A review conducted under paragraph (1) shall assess the accuracy of the factual and legal conclusions made by the Secretary in the waiver covered by the review, including the following--
“(A) whether there is any viable alternative to Rosoboronexport for carrying out the function for which funds will be obligated;
“(B) whether the Secretary has previously used an alternative vendor for carrying out the same function regarding the military equipment in question, and what vendor was previously used;
“(C) whether other explanations for the issuance of the waiver are supportable; and
“(D) any other matter with respect to the waiver the Inspector General considers appropriate.
“(3) Report.--Not later than 90 days after a waiver is issued by the Secretary pursuant to subsection (b) that is covered by this subsection, the Inspector General shall submit to the congressional defense committees a report containing the results of the review on such waiver conducted under paragraph (1).”.
SEC. 1233B. PROHIBITION ON USE OF FISCAL YEAR 2012 FUNDS TO ENTER INTO CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT.
(a) Prohibition.--None of the funds authorized to be appropriated for the Department of Defense for fiscal year 2012 by the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) that remain available for obligation or expenditure as of the date of the enactment of this Act may be used to enter into a contract or subcontract, memorandum of understanding, or cooperative agreement with, to make a grant, to, or to provide a loan or loan guarantee to Rosoboronexport.
(b) National Security Waiver Authority.--The Secretary of Defense may waive the applicability of subsection (a) if the Secretary--
(1) determines that--
(A) an action described in subsection (a) is necessary to meet a valid military requirement; and
(B) there is no feasible alternative to Rosoboronexport for meeting such requirement; or
(2) in consultation with the Secretary of State and the Director of National Intelligence, certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge, Rosoboronexport has ceased the transfer of lethal military equipment to the government of the Syrian Arab Republic.
(c) Notice to Congress Before Obligation of Funds.--Not later than 30 days before obligating funds pursuant to any waiver pursuant to subsection (b), the Secretary of Defense shall submit to Congress a notice on the obligation of funds pursuant to the waiver.
(d) Department of Defense Inspector General Review .--
(1) In general.--The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport in which a waiver is issued by the Secretary of Defense pursuant to subsection (b).
(2) Elements.--A review conducted under paragraph (1) shall assess the accuracy of the factual and legal conclusions made by the Secretary in the waiver covered by the review, including the following--
(A) whether there is any viable alternative to Rosoboronexport for carrying out the function for which funds will be obligated;
(B) whether the Secretary has previously used an alternative vendor for carrying out the same function regarding the military equipment in question, and what vendor was previously used;
(C) whether other explanations for the issuance of the waiver are supportable; and
(D) any other matter with respect to the waiver the Inspector General considers appropriate.
(3) Report.--Not later than 90 days after a waiver is issued by the Secretary pursuant to subsection (b), the Inspector General shall submit to the congressional defense committees a report containing the results of the review on the waiver conducted under paragraph (1).
SEC. 1233C. REPORT ON ROSOBORONEXPORT ACTIVITIES.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the following:
(1) A list of the known transfers of lethal military equipment by Rosoboronexport to the Government of the Syrian Arab Republic since March 15, 2011.
(2) A list of the known contracts, if any, that Rosoboronexport has signed with the Government of the Syrian Arab Republic since March 15, 2011.
(3) A detailed list of all existing contracts, subcontracts, memorandums of understanding, cooperative agreements, grants, loans, and loan guarantees between the Department of Defense and Rosoboronexport, including a description of the transaction, signing dates, values, and quantities.
(b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
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Senate amendment submitted
November 21, 2013