[Congressional Record Volume 162, Number 91 (Thursday, June 9, 2016)]
[Senate]
[Page S3782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4668. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 4647 submitted by Mr. Shelby and intended to be proposed 
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, add the following:

     SEC. 1037. RESTRICTIONS ON THE PROCUREMENT OF SERVICES OR 
                   PROPERTY IN CONNECTION WITH MILITARY SPACE 
                   LAUNCH FROM ENTITIES OWNED OR CONTROLLED BY 
                   PERSONS SANCTIONED IN CONNECTION WITH RUSSIA'S 
                   INVASION OF CRIMEA.

       (a) In General.--On and after the date of the enactment of 
     this Act, the Secretary of Defense may not enter into or 
     renew a contract for the procurement of services or property 
     in connection with space launch activities associated with 
     the evolved expendable launch vehicle program unless the 
     Secretary, as a result of affirmative due diligence and in 
     consultation with the Secretary of the Treasury, conclusively 
     certifies in accordance with subsection (b), that--
       (1) no funding provided under the contract will be used for 
     a purchase from, or a payment to, any entity owned or 
     controlled by a person 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 pursuant to Executive Order 13661 (79 Fed. Reg. 
     15535; relating to blocking property of additional persons 
     contributing to the situation in Ukraine) or any other 
     executive order or other provision of law imposing sanctions 
     with respect to the Russian Federation in connection with the 
     invasion of Crimea by the Russian Federation; and
       (2) no individual who in any way supports the delivery of 
     services or property for such space launch activities poses a 
     counterintelligence risk to the United States or is subject 
     to the influence of any foreign military or intelligence 
     service.
       (b) Submission of Certification.--Not later than 120 days 
     before entering into or renewing a contract described in 
     subsection (a), the Secretary of Defense shall submit to the 
     congressional defense committees in writing the certification 
     described in that subsection and the reasons of the Secretary 
     for making the certification.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to affect the application of sanctions that are not 
     related to national security space launch activities.
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