[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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