[Congressional Record Volume 168, Number 153 (Thursday, September 22, 2022)]
[Senate]
[Page S4977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5571. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 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 of subtitle G of title X, add the following:

     SEC. 1077. PROHIBITION ON CONTRACTING BY DEPARTMENT OF 
                   DEFENSE WITH PERSONS THAT HAVE BUSINESS 
                   OPERATIONS WITH THE GOVERNMENT OF THE RUSSIAN 
                   FEDERATION OR THE RUSSIAN ENERGY SECTOR.

       (a) Prohibition.--Except as provided under subsection (b), 
     the Secretary of Defense may not enter into a contract for 
     the procurement of goods or services with any person that has 
     business operations with--
       (1) an authority of the Government of the Russian 
     Federation; or
       (2) a fossil fuel company that operates in the Russian 
     Federation, except if the fossil fuel company transports oil 
     or gas--
       (A) through the Russian Federation for sale outside of the 
     Russian Federation; and
       (B) that was extracted from a country other than the 
     Russian Federation with respect to the energy sector of which 
     the President has not imposed sanctions as of the date on 
     which the contract is awarded.
       (b) Exceptions.--
       (1) Humanitarian assistance, disaster relief, and national 
     security.--
       (A) In general.--The prohibition under subsection (a) does 
     not apply to a contract that the Secretary of Defense and the 
     Secretary of State jointly determine--
       (i) is necessary for purposes of providing humanitarian 
     assistance to the people of the Russian Federation;
       (ii) is necessary for purposes of providing disaster relief 
     and other urgent life-saving measures; or
       (iii) is vital to the national security interests of the 
     United States.
       (B) Notification requirement.--The Secretary of Defense 
     shall notify the appropriate congressional committees of any 
     contract entered into on the basis of an exception under 
     subparagraph (A).
       (2) Office of foreign assets control licenses.--The 
     prohibition under subsection (a) does not apply to a person 
     that has a valid license to operate in the Russian Federation 
     issued by the Office of Foreign Assets Control of the 
     Department of the Treasury or is otherwise authorized to 
     operate notwithstanding the imposition of sanctions with 
     respect to the Russian Federation.
       (3) American diplomatic mission in russia.--The prohibition 
     under subsection (a) does not apply to contracts related to 
     the operation and maintenance of the consular offices and 
     diplomatic posts of the United States Government in the 
     Russian Federation.
       (c) Applicability.--This section shall take effect on the 
     date of the enactment of this Act and apply with respect to 
     any contract entered into on or after such date.
       (d) Sunset.--This section shall terminate on the date on 
     which the President submits to the appropriate congressional 
     committees a certification in writing that contains a 
     determination of the President that the Russian Federation--
       (1) has reached an agreement relating to the withdrawal of 
     Russian forces from Ukraine and cessation of military 
     hostilities in Ukraine that is accepted by the free and 
     independent government of Ukraine;
       (2) poses no immediate military threat of aggression to any 
     member of the North Atlantic Treaty Organization; and
       (3) recognizes the right of the people of Ukraine to 
     independently and freely choose their own government.
       (e) Definitions.--In this section:
       (1) Agency or instrumentality of the government of the 
     russian federation.--The term ``agency or instrumentality of 
     the Government of the Russian Federation'' means an agency or 
     instrumentality of a foreign state as defined in section 
     1603(b) of title 28, United States Code, with each reference 
     in such section to ``a foreign state'' deemed to be a 
     reference to ``the Russian Federation''.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Oversight and Reform of 
     the House of Representatives.
       (3) Business operations.--The term ``business operations'' 
     means the act of engaging in commerce in any form, including 
     acquiring, developing, maintaining, owning, selling, 
     possessing, leasing, or operating equipment, facilities, 
     personnel, products, services, personal property, real 
     property, or any other apparatus of business or commerce.
       (4) Fossil fuel company.--The term ``fossil fuel company'' 
     means a person that--
       (A) carries out oil, gas, or coal exploration, development, 
     or production activities;
       (B) processes or refines oil, gas, or coal; or
       (C) transports, or constructs facilities for the 
     transportation of, oil, gas, or coal.
       (5) Government of the russian federation.--The term 
     ``Government of the Russian Federation'' includes the 
     government of any political subdivision of the Russian 
     Federation and any agency or instrumentality of the 
     Government of the Russian Federation.
       (6) Person.--The term ``person'' means--
       (A) a natural person, corporation, company, business 
     association, partnership, society, trust, or any other 
     nongovernmental entity, organization, or group;
       (B) a governmental entity or instrumentality of a 
     government, including a multilateral development institution 
     (as defined in section 1701(c)(3) of the International 
     Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
       (C) a successor, subunit, parent entity, or subsidiary of, 
     or an entity under common ownership or control with, an 
     entity described in subparagraph (A) or (B).
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