[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4048. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 appropriate place in title XII, insert the 
     following:

     SEC. 12__. ENSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.

       (a) In General.--Before awarding a contract to an entity 
     for the supply of fuel to any overseas location in which the 
     United States is engaged in contingency operations, the 
     Secretary of Defense shall ensure that--
       (1) to the extent practicable, any supplier of fuel that 
     would otherwise be responsible for providing such a supply of 
     fuel has not been disqualified from supplying fuel on the 
     basis of an unsupported denial of access to a facility or 
     equipment by the host country government; and
       (2) the entity complies with subsection (b).
       (b) Requirement.--An entity offering to supply fuel to any 
     overseas location of the Department of Defense shall--
       (1) certify that--
       (A) it has not been suspended or debarred from receiving 
     Federal Government contracts; and
       (B) the fuel to be provided, in whole or in part, or any 
     derivative of such fuel, is not sourced from a country or 
     region prohibited from selling petroleum to the United 
     States, such as Iran or Venezuela;
       (2) provide such records as are necessary to verify 
     compliance with such anticorruption statutes and regulations 
     as the Secretary considers necessary, including, without 
     limitation--
       (A) the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 
     78dd-1 et seq.);
       (B) the International Traffic in Arms Regulations contained 
     in subchapter M of chapter I of title 22, Code of Federal 
     Regulations (or successor regulations);
       (C) the Export Administration Regulations contained in 
     subchapter C of chapter VII of title 15, Code of Federal 
     Regulations (or successor regulations); and
       (D) such regulations as may be promulgated by the Office of 
     Foreign Assets Control; and
       (3) disclose--
       (A) any relevant communications between the entity and 
     relevant individuals, organizations, or governments that 
     directly or indirectly control physical access to the 
     location of the contract performance; and
       (B) any employees or consultants of the entity that worked 
     for the Department of Defense in any contracting or 
     policymaking position during the 10-year period immediately 
     preceding the award.
       (c) Provision of Fuel as a Logistics Service.--Subsection 
     (c)(3) of section 880 of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (41 U.S.C. 3701 note) 
     is amended by inserting ``, including bulk fuel supply and 
     delivery,'' after ``logistics services,''.
       (d) Report.--Not later than 180 days after the date on 
     which a contract exceeding $50,000,000 is awarded for the 
     supply of fuel to any overseas location in which the United 
     States is engaged in contingency operations, the Inspector 
     General of the Department of Defense shall submit to the 
     congressional defense committees a report that includes--
       (1) an assessment of the price per gallon for fuel under 
     the contract, together with an assessment of the price per 
     gallon for fuel paid by other organizations in the same 
     country or region of such country; and
       (2) an assessment of the ability of the contracted entity 
     to comply with sanctions on Iran and monitor for violations 
     of such sanctions.
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