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S.L.C.

AMENDMENT NO.llll

Calendar No.lll

Purpose: To require reports on the use of indemnification agreements in Department of Defense contracts.
IN THE SENATE OF THE UNITED STATES112th Cong., 2d Sess.

S. 3254 To authorize appropriations for fiscal year 2013 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. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. WYDEN Viz: 1 At the end of subtitle C of title VIII, add the fol-

2 lowing: 3 4 5
SEC. 847. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.

(a) IN GENERAL.Not later than 90 days after the

6 end of each of fiscal years 2013 through 2016, the Sec7 retary of Defense shall submit to the appropriate commit8 tees of Congress a report on any actions described in sub9 section (b) which occurred during the preceding fiscal 10 years.

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2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (b) ACTIONS DESCRIBED. (1) IN

GENERAL.An

action described in this

subsection is the Secretary of Defense (A) entering into a contract that includes an indemnification provision relating to bodily injury caused by negligence or relating to wrongful death; or (B) modifying an existing contract to include a provision described in subparagraph (A) in a contract. (2) EXCLUDED
CONTRACTS.Paragraph

(1)

shall not apply to any contract awarded in accordance with (A) section 2354 of title 10, United States Code; or (B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (c) MATTERS INCLUDED.For each action covered

20 in a report under subsection (a), the report shall include 21 22 23 24 25 (1) the name of the contractor; (2) a description of the indemnification provision included in the contract; and (3) a justification for the contract including the indemnification provision.

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3 1 (d) FORM.Each report under subsection (a) shall

2 be submitted in unclassified form, but may include a clas3 sified annex. 4 5 (e) APPROPRIATE COMMITTEES
FINED.In OF

CONGRESS DE-

this section, the term appropriate commit-

6 tees of Congress means 7 8 9 10 11 12 (1) the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives.