[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Page S3313]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4271. Mr. COTTON 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:
At the end of subtitle D of title XII, add the following:
SEC. 1227. LIMITATION ON USE OF FUNDS TO PROCURE, OR ENTER
INTO ANY CONTRACT FOR THE PROCUREMENT OF, ANY
GOODS OR SERVICES FROM PERSONS THAT PROVIDE
MATERIAL SUPPORT TO CERTAIN IRANIAN PERSONS.
(a) Limitation.--No funds authorized to be appropriated for
the Department of Defense for fiscal year 2017 may be used to
procure, or enter into any contract for the procurement of,
any goods or services from any person that provides material
support to, including engaging in a significant transaction
or transactions with, a covered Iranian person during such
fiscal year.
(b) Certification.--The Federal Acquisition Regulation
shall be revised to require a certification from each person
that is a prospective contractor that such person does not
engage in any of the conduct described in subsection (a).
Such revision shall apply with respect to contracts in an
amount greater than the simplified acquisition threshold (as
defined in section 134 of title 41, United States Code) for
which solicitations are issued on or after the date that is
90 days after the date of the enactment of this Act.
(c) Waiver.--The Secretary of Defense, in consultation with
the Secretary of State and the Secretary of the Treasury,
may, on a case-by-case basis, waive the limitation in
subsection (a) with respect to a person if the Secretary of
Defense, in consultation with the Secretary of State and the
Secretary of the Treasury--
(1) determines that the waiver is important to the national
security interest of the United States; and
(2) submits to the appropriate committees of Congress a
notification of, and detailed justification for, the waiver
not less than 30 days before the date on which the waiver is
to take effect.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Covered iranian person.--The term ``covered Iranian
person'' means an Iranian person that--
(A) is included on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury and
the property and interests in property of which are blocked
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) for acting on behalf of or at the
direction of, or being owned or controlled by, the Government
of Iran;
(B) is included on the list of persons identified as
blocked solely pursuant to Executive Order 13599; or
(C) in the case of an Iranian person described in paragraph
(3)(B)--
(i) is owned, directly or indirectly, by--
(I) Iran's Revolutionary Guard Corps, or any agent or
affiliate thereof; or
(II) one or more other Iranian persons that are included on
the list of specially designated nationals and blocked
persons as described in subparagraph (A) if such Iranian
persons collectively own a 25 percent or greater interest in
the Iranian person; or
(ii) is controlled, managed, or directed, directly or
indirectly, by Iran's Revolutionary Guard Corps, or any agent
or affiliate thereof, or by one or more other Iranian persons
described in clause (i)(II).
(3) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a national of Iran; or
(B) an entity that is organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government of
Iran.
(4) Person.--The term ``person'' means has the meaning
given such term in section 560.305 of title 31, Code of
Federal Regulation, as such section 560.305 was in effect on
April 22, 2016.
(5) Significant transaction or transactions.--The term
``significant transaction or transactions'' shall be
determined, for purposes of this section, in accordance with
section 561.404 of title 31, Code of Federal Regulations, as
such section 561.404 was in effect on January 1, 2016.
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