[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5593]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6055. Mr. CRUZ 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 B of title III, add the following:

     SEC. 322. ASSURANCE OF INTEGRITY OF OVERSEAS FUEL SUPPLIES.

       (a) In General.--Before awarding a contract to an offeror 
     for the supply of fuel to any location outside the United 
     States in which the United States is engaged in contingency 
     operations, the Secretary of Defense shall--
       (1) ensure, to the maximum extent practicable, that no 
     otherwise responsible offeror is disqualified on the basis of 
     an unsupported denial of access to a facility or equipment by 
     the government of the host country; and
       (2) ensure that the offeror complies with the requirements 
     of subsection (b)
       (b) Requirement.--An offeror offering to supply fuel to any 
     location of the Department of Defense outside the United 
     States shall--
       (1) certify to the Secretary of Defense that it has not 
     been suspended or debarred from receiving Federal Government 
     contracts;
       (2) certify to the Secretary that the provided fuel, in 
     whole or in part, or its derivatives, is not sourced from a 
     country or region prohibited from selling petroleum to the 
     United States, such as Iran or Venezuela;
       (3) furnish to the Secretary such records as are necessary 
     to verify compliance with such anti-corruption statutes and 
     regulations as the Secretary determines necessary, 
     including--
       (A) the Foreign Corrupt Practices Act of 1977 (Public Law 
     95-213);
       (B) the International Traffic in Arms Regulations under 
     subchapter M of chapter I of title 22, Code of Federal 
     Regulations;
       (C) the Export Administration Regulations, as defined in 
     section 1742 of the Export Control Reform Act of 2018 (50 
     U.S.C. 4801); and
       (D) such regulations as may be prescribed by the Office of 
     Foreign Assets Control of the Department of the Treasury;
       (4) disclose to the Secretary any relevant communications 
     between the offeror and relevant individuals, organizations, 
     or governments that directly or indirectly control physical 
     access to the location at which the contract is to be 
     performed; and
       (5) disclose to the Secretary any employees of, or 
     consultants to, the offeror that worked for the Department of 
     Defense in any contracting or policymaking position during 
     the 10-year period before the offer.
       (c) Provision of Fuel as a Logistics Service.--Section 
     880(c)(3) of the John S. McCain National Defense 
     Authorization Act for Fiscal Year 2019 (Public Law 115-232, 
     41 U.S.C. 3701 note) is amended by inserting ``, including 
     bulk fuel supply and delivery,'' after ``logistics 
     services''.
       (d) Report Required.--Not later than 180 days after the 
     award of a contract exceeding $50,000,000 in value for the 
     supply of fuel to any location outside the United States 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 
     including--
       (1) an assessment of the price per gallon for fuel under 
     the contract along with an assessment of the price per gallon 
     for fuel paid by other organizations in the same country or 
     region of the country; and
       (2) an assessment of the ability of the contractor to 
     comply with sanctions with respect to Iran and monitor for 
     violations of those sanctions.
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