S.Amdt. 5845

SA 5845. Mr. GRAHAM (for himself and Mr. Scott of South Carolina) submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 appropriate place in title X, insert the following:

SEC. ___. EXISTING AGREEMENT LIMITS FOR OPERATION WARP SPEED.

(a) In General.--Any project to address the COVID-19 pandemic, through vaccines and other therapeutic measures, using funds made available under a covered award that was awarded by the Department of Defense on or after March 1, 2020, under section 4022 of title 10, United States Code, using a transaction described in section 4021(a) of such title that was awarded by the Department of Defense to a consortium prior to March 1, 2020, shall not be counted toward any limit established prior to March 1, 2020, on the total estimated amount of all projects to be issued pursuant to such transaction (except that such funds shall count toward meeting any guaranteed minimum value).

(b) Successor Contracts, Agreements, and Grants.--The Secretary of Defense may not award a successor contract, agreement, or grant for the same scope as any award described in subsection (a)--

(1) until 90 percent of the limit described in subsection (a) has been reached;

(2) until 6 months prior to the term of the award described in subsection (a) being reached; or

(3) unless such follow-on contract, agreement, or grant is made in accordance with the terms and conditions of the award described in subsection (a).

(c) Covered Award Defined.--In this section, the term “covered award” means an award made by the Department of Defense in support of the Department of Health and Human Services and the Department of Defense effort known as “Operation Warp Speed”, to accelerate the development, acquisition, and distribution of vaccines and other therapies to address the COVID-19 pandemic, and any successor efforts.