S.Amdt. 4420

SA 4420. Mr. CORKER (for himself and Mr. Cardin) submitted an
amendment intended to be proposed by him to the bill S. 2943, to
authorize appropriations for fiscal year 2017 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:

[[Page S3453]]

On page 587, line 21, insert before the period the
following: ``, and shall provide copies of such report to the
Committee on Foreign Relations of the Senate and the
Committee of Foreign Affairs of the House of
Representatives''.
On page 1009, between lines 12 and 13, insert the
following:
(c) Submittal of Reports.--Section 1201(b)(1) of the
National Defense Authorization Act for Fiscal Year 2012, as
so amended, is further amended by inserting ``and the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives'' after ``congressional defense committees''.
On page 1011, line 11, strike ``relevant Chief of Mission''
and insert ``Secretary of State''.
On page 1011, beginning on line 13, strike ``, irregular
forces, groups, or individuals''.
On page 1012, beginning on line 2, insert after
``congressional defense committees'' the following: ``and the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives''.
On page 1012, line 16, insert after ``congressional defense
committees'' the following: ``and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives''.
On page 1013, line 12, insert after ``congressional defense
committees'' the following: ``and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives''.
On page 1015, strike lines 5 through 7.
On page 1015, line 8, strike ``(2)'' and insert ``(1)''.
On page 1015, strike lines 12 through 19.
On page 1015, line 20, strike ``(5)'' and insert ``(2)''.
On page 1024, beginning on line 13, insert after
``congressional defense committees'' the following: ``and the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives''.
On page 1025, line 6, insert after ``congressional defense
committees'' the following: ``and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives''.
On page 1026, beginning on line 2, insert after
``congressional defense committees'' the following: ``and the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives''.
On page 1026, line 19, insert after ``congressional defense
committees'' the following: ``and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives''.
On page 1027, beginning on line 12, insert after
``congressional defense committees'' the following: ``and the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives''.
On page 1032, between lines 5 and 6, insert the following:
(c) Secretary of State Concurrence.--Subsection (a) of such
section is further amended by striking ``in coordination with
the Secretary of State'' and inserting ``with the concurrence
of the Secretary of State''.
On page 1032, strike lines 9 through 13 and insert the
following:
(a) In General.--Section 1236(a) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-12 291; 128 Stat. 3559)
is amended--
(1) by striking ``in coordination with the Secretary of
State'' and inserting ``with the concurrence of the Secretary
of State''; and
(2) by striking ``December 31, 2016'' and inserting
``December 31, 2019''.
On page 1034, strike lines 19 through 23 and insert the
following:
(1) in subsection (a), by striking ``Of the amounts'' and
all that follows through ``in coordination with the Secretary
of State'' and inserting ``Amounts available for a fiscal
year under subsection (f) shall be available to the Secretary
of Defense, with the concurrence of the Secretary of State''.
On page 1040, between lines 16 and 17, insert the
following:
(g) Submittal of Reports on Military Assistance to
Ukraine.--Section 1275(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 is amended by inserting after ``congressional
defense committees'' the following: ``and the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives''.
On page 1041, between lines 12 and 13, insert the
following:
(c) Secretary of State Concurrence.--Subsection (a) of such
section is amended by inserting ``, with the concurrence of
the Secretary of State,'' after ``The Secretary of Defense''.
(d) Submittal of Report.--Subsection (c)(2) of such section
is inserting after ``congressional defense committees'' the
following: ``and the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives''.
(e) Briefing to Congress.--Subsection (e) of such section
is amended by inserting after ``congressional defense
committees'' the following: ``and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives''.

On page 1045, beginning on line 8, strike ``shall present
to the congressional defense committees'' and insert ``shall,
in coordination with the Secretary of State, present to the
congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives''.
Strike section 1235.
On page 1048, beginning on line 16, strike ``the Committees
on Armed Services of the Senate and the House of
Representatives'' and insert ``the Committees on Armed
Services and Foreign Relations of the Senate and the
Committees on Armed Services and Foreign Affairs of the House
of Representatives''.
On page 1051, strike lines 6 through 10.
On page 1051, line 11, strike ``(5)'' and insert ``(4)''.
On page 1051, line 15, strike ``(6)'' and insert ``(5)''.
Strike section 1244.
Strike section 1245.
On page 1055, after line 25, add the following:
(1) United States security sector assistance is a tool to
facilitate the achievement of United States foreign policy
objectives;
On page 1056, line 1, strike ``(1)'' and insert ``(2)''.
On page 1056, line 6, strike ``(2)'' and insert ``(3)''.
On page 1056, line 12, strike ``(3)'' and insert ``(4)''.
On page 1057, line 4, strike ``(4)'' and insert ``(5)''.
On page 1057, line 8, strike ``(5)'' and insert ``(6)''.
On page 1057, beginning on line 10, strike ``, and conducts
critical security cooperation programs of its own''.
On page 1057, line 12, strike ``(6)'' and insert ``(7)''.
On page 1057, line 19, strike ``(7)'' and insert ``(8)''.
On page 1058, line 1, strike ``(8)'' and insert ``(9)''.
On page 1060, strike lines 1 through 13 and insert the
following:
``(2) The term ``defense article'' has the meaning given
that term in section 47(3) of the Arms Export Control Act (22
U.S.C. 2794(3)).
``(3) The term ``defense service'' has the meaning given
that term 47(4) of the Arms Export Control Act (22 U.S.C.
2794(4)).
On page 1061, line 5, insert after ``any'' the following:
``security sector assistance''.
On page 1061, between lines 8 and 9, insert the following:
``(A) To complement the strategic long-term security
assistance and cooperation programs of the Department of
State.
On page 1061, line 9, strike ``(A)'' and insert ``(B)''.
On page 1061, line 11, strike ``(B)'' and insert ``(C)''.
On page 1061, line 14, strike ``(C)'' and insert ``(D)''.
On page 1061, strike line 20 and all that follows through
page 1062, line 2, and insert the following:
``(7) The term ``training'' has the meaning given that term
in section 47(5) of the Arms Export Control Act (22 U.S.C.
2974(5)).
On page 1062, between lines 2 and 3, insert the following:
``(8) The term ``friendly foreign country'' means any
country identified annually by the President, by not later
than October 1 of a fiscal year, in a submission to the
appropriate committees of Congress, as a friendly foreign
country that is eligible to receive United States security
assistance under this chapter in that fiscal year.
On page 1064, beginning on line 11, strike ``(d)
Superseding Authority To Train and Equip Foreign Security
Forces.--'' and all that follows through ``Authority.--'' on
line 19. [don't understand the purposes of this amendment.
the amendatory instruction sought to be stricken is necessary
to insert the material that begins on page 1064, line 17,
into new chapter 16]
On page 1065, line 20, insert before the period the
following: ``, including with regard to identification of the
particular recipient country, recipient organization, and
content of the assistance provided''.
On page 1065, after line 25, add the following:
``(3) Joint formulation.--The Secretary of Defense and the
Secretary of State shall jointly formulate any program
authorized by subsection (a).
On page 1070, between lines 13 and 24, insert the
following:
``(h) Termination of Authority.--The authority of the
Secretary of Defense under subsection (a) terminates at the
close of September 30, 2020. Any program conducted or
supported under that authority before that date may be
completed, but only using funds available for fiscal years
2017 through 2020.
On page 1070, line 14, strike ``(h)'' and insert ``(i)''.
1072, line 1, strike ``congressional defense committees''
and insert ``appropriate committees of Congress''.
On page 1072, beginning on line 5, strike ``congressional
defense committees'' and insert ``appropriate committees of
Congress''.
On page 1077, line 8, strike ``after consultation with''
and insert ``with the concurrence of''.
On page 1087, line 9, strike ``congressional defense
committees'' and insert ``appropriate committees of
Congress''.
On page 1091, strike line 2 through 17, and insert the
following:
(2) in subsection (b)--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively; and

[[Page S3454]]

(B) by inserting before paragraph (2), as so redesignated,
the following new paragraph (1):
``(1) An exchange of personnel under an international
defense personnel exchange agreement may only be made with
the concurrence of the Secretary to State to the extent the
exchange is with--
``(A) a non-defense security ministry of a foreign
government; or
``(B) an international or regional security
organization.''; and
(C) in paragraph (3), as so redesignated, by inserting
before the period the following: ``, subject to the
concurrence of the Secretary of State'';
(3) in subsection (c)--
(A) by striking ``Each government shall be required under''
and inserting ``In the case of''; and
(B) by inserting after ``exchange agreement'' the
following: ``that provides for reciprocal exchanges, each
government shall be required'';
(4) in subsection (f), by inserting ``defense or security
ministry of that'' after ``military personnel of the''; and
(5) by adding at the end the following new subsection:
``(g) Annual Report.--
``(1) In general.--Not later than 90 days after the end of
a fiscal year in which the authority in subsection (a) is
exercised, the Secretary of Defense shall submit to the
appropriate committees of Congress a report on the use of the
authority during such fiscal year.
``(2) Elements.--The report required under paragraph (1)
shall include the number of non-reciprocal international
defense personnel exchange agreements, the number of
personnel assigned pursuant to such agreements, the
Department of Defense component to which the personnel have
been assigned, the duty title of each assignment, and the
countries with which the agreements have been concluded.''.
On page 1092, line 15, add at the end the following: ``Such
expenses may be paid only with the concurrence of the
Secretary of State, other than in the case of payment of
expenses of defense personnel of a friendly foreign
government, for which such concurrence is not required.''.
On page 1096, between lines 16 and 17, insert the
following:
``(3) Secretary of state concurrence for assignment of non-
defense foreign liaison officers.--In the case of a non-
defense foreign liaison officer, the authority of the
Secretary of Defense under subsection (a) to pay any expenses
specified in paragraph (2) or (3) of subsection (b) may be
exercised only if the assignment of that liaison officer as a
liaison officer with the Department of Defense was accepted
by the Secretary of Defense with the concurrence of the
Secretary of State.
On page 1098, beginning on line 1, strike ``or other
security forces''.
On page 1098, line 3, strike the Secretary determines`` and
insert ``the Secretary of Defense and the Secretary of State
jointly determine''.
On page 1098, line 4, add at the end the following: ``Any
such training with forces of a foreign country may be
conducted only with the concurrence of the Secretary of
State.''.
On page 1101, beginning on line 6, strike ``congressional
defense committees'' and insert ``appropriate committees of
Congress''.
Strike section 1258.
On page 1126, beginning on line 13, strike ``congressional
defense committees'' and insert ``appropriate committees of
Congress''.
On page 1127, beginning on line 2, strike ``the Secretary
of Defense shall submit to the congressional defense
committees'' and insert ``the Secretary of Defense shall, in
coordination with the Secretary of State, submit to the
appropriate committees of Congress''.
On page 1127, line 3, strike ``congressional defense
committees'' and insert ``appropriate committees of
Congress''.
On page 1128, beginning on line 10, strike ``congressional
defense committees'' and insert ``appropriate committees of
Congress''.
On page 1134, between lines 4 and 5, insert the following:
(e) Submittal of Reports.--Such section is further
amended--
(1) by redesignating subsections (e) and (f), as
redesignated by subsection (d) of this section, as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Submittal of Reports.--Each report under this section
that is submitted to the congressional defense committees
shall also be submitted to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives.''.
On page 1134, line 5, strike ``(e)'' and insert ``(f)''.
On page 1134, line 10, strike ``(f)'' and insert ``(g)''.
On page 1135, between lines 5 and 6, insert the following:

SEC. 1261A. CONCURRENCE OF SECRETARY OF STATE IN SECURITY
COOPERATION WITH FOREIGN NON-MILITARY
PERSONNEL.

Chapter 16 of title 10, United States Code, as added by
section 1252(a)(3) of this Act, is amended by inserting after
section 384, as added by section 1261 of this Act, the
following new section:

``Sec. 385. Security cooperation with foreign non-military
personnel: concurrence of Secretary of State

``Any security cooperation program or activity of the
Department of Defense undertaken under this chapter that
engages foreign personnel not under the authority of a
ministry of defense of a foreign country shall require the
concurrence of the Secretary of State.''.
On page 1142, line 5, add at the end the following: ``Until
the joint regulations are so prescribed, no activities shall
be undertaken under section 333 of title 10, United States
Code, as added by section 1252(d) of this Act.''.
On page 1144, strike lines 13 through 16.
On page 1156, beginning on line 6, strike ``the Chairman of
the Joint Chiefs of Staff shall submit to the congressional
defense committees'' and insert ``the Chairman of the Joint
Chiefs of Staff shall, in coordination with the Secretary of
State, submit to the congressional defense committees and the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives''.
______