Sec. 1246. Prohibition on use of funds to enter into contracts or other agreements with Rosoboronexport
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None of the funds authorized to be appropriated by this Act for fiscal year 2015 may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, to make a grant to, or to provide a loan or loan guarantee to Rosoboronexport or a subsidiary that is publicly known to be controlled by Rosoboronexport. Subject to paragraph (3), the Secretary of Defense may waive the application of subsection
(a)with respect to a contract or other agreement for the supply of spare parts for, or conduct of any other activity related to, the maintenance of helicopters operated by the Afghan National Security Forces or otherwise purchased by the Department of Defense only if, prior to issuing the waiver, the Secretary submits to the congressional defense committees a certification described in paragraph (2). A certification referred to in paragraph
(1)is a certification that contains the following: A determination of the Commander of United States forces in Afghanistan that— the supply of spare parts or conduct of the related activity is critical to the success of the mission of the Afghan National Security Forces in Afghanistan; and the failure to supply spare parts or conduct the related activity would have a negative impact on the mission of United States forces in Afghanistan. A determination of the Under Secretary of Defense for Acquisition, Technology, and Logistics that no practicable alternative exists to entering into such contract or other agreement for supply of spare parts or conduct of the related activity. A determination of the Secretary of Defense, after consideration of the determinations described in subparagraphs
(A)and (B), that the waiver is in the national security interests of the United States. The Secretary of Defense may exercise the authority of paragraph
(1)beginning on or after the date on which the Secretary submits the report required by the matter relating to section 1531 in the Joint Explanatory Statement to accompany the National Defense Authorization Act for Fiscal Year 2014 (H.R. 3304, One Hundred Thirteenth Congress) regarding the potential to incorporate United States-manufactured rotary wing aircraft into the Afghan National Security Forces after the current program of record is completed. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the following: A list of known transfers of lethal military equipment by Rosoboronexport to the Government of the Syria since March 15, 2011. A list of known contracts, if any, that Rosoboronexport has signed with the Government of the Syria since March 15, 2011. A list of existing contracts, subcontracts, memoranda of understanding, cooperative agreements, grants, loans, and loan guarantees between the Department of Defense and Rosoboronexport, including a description of the transactions, signing dates, values, and quantities. A discussion of what role, if any, Rosoboronexport has had in providing military weapons, including heavy weapons, to the rebel forces in eastern Ukraine.