[Congressional Record Volume 162, Number 88 (Monday, June 6, 2016)]
[Senate]
[Pages S3452-S3454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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''.
                                 ______