[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5911-S5912]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6390. Mr. PETERS 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 VIII, add the following:
SEC. 829. FEDERAL CONTRACTING FOR PEACE AND SECURITY.
(a) Purpose.--It is the policy of the Federal Government
not to contract with entities that undermine United States
interests by continuing to conduct business operations in the
Russian Federation during its ongoing war of aggression
against Ukraine.
(b) Contracting Prohibition.--
(1) Prohibition.--The head of an executive agency may not
enter into, extend, or renew a covered contract with an
entity that continues to conduct business operations in the
territory internationally recognized as the Russian
Federation during the covered period.
(2) Exceptions.--
(A) Good faith exemption.--The Office of Management and
Budget, in consultation with the General Services
Administration, may exempt a contractor from the prohibition
in paragraph (1) if the contractor has--
(i) pursued and continues to pursue all reasonable steps in
demonstrating a good faith effort to comply with the
requirements of this Act; and
(ii) provided to the executive agency a reasonable, written
plan to achieve compliance with such requirements.
(B) Permissible operations.--The prohibition in paragraph
(1) shall not apply to business operations in Russia
authorized by a license issued by the Office of Foreign
Assets Control or the Bureau of Industry and Security or is
otherwise allowed to operate notwithstanding the imposition
of sanctions or export controls.
(C) American diplomatic mission in russia.--The prohibition
in paragraph (1) shall not apply to contracts related to the
operation and maintenance of the United States Government's
consular offices and diplomatic posts in Russia.
(D) Individual contracts.--The prohibition under paragraph
(1) shall not apply to any contract that is any of the
following:
(i) For the benefit, either directly or through the efforts
of regional allies, of the country of Ukraine.
(ii) For humanitarian purposes to meet basic human needs.
(3) National interest and public interest waivers.--
(A) In general.--The head of an executive agency is
authorized to waive the prohibition under paragraph (1) with
respect to a covered contract if the head of the agency
certifies in writing to the President that such waiver is for
the national interest of the United States or in the public
interest of the United States, and includes in such
certification a justification for the waiver and description
of the contract to which the waiver applies. The authority in
this subparagraph may not be delegated below the level of the
senior procurement executive of the agency.
(B) Congressional notification.--The head of an executive
agency shall, not later than 7 days before issuing a waiver
described in subparagraph (A), submit to the appropriate
congressional committees the certification described in such
subparagraph.
(4) Emergency rulemaking authority.--Not later than 180
days after the date of the enactment of this Act, the
Director of the Office of Management and Budget, in
consultation with the Administrator of General Services and
the Secretary of Defense, shall promulgate regulations for
agency implementation of this Act using emergency rulemaking
procedures while considering public comment to the greatest
extent practicable, that includes the following:
(A) A list of equipment, facilities, personnel, products,
services, or other items or activities, the engagement with
which would be considered business operations, subject to the
prohibition under paragraph (1).
(B) A requirement for a contractor or offeror to represent
whether such contractor or offeror uses any of the items, or
is engaged in any of the activities on the list, described in
subparagraph (A).
(C) A description of the process for determining a good
faith exemption described under paragraph (2).
(5) Definitions.--In this section:
[[Page S5912]]
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Reform of the House of
Representatives.
(B) Business operations.--
(i) In general.--Except as provided in clauses (ii) and
(iii), the term ``business operations'' means engaging in
commerce in any form, including acquiring, developing,
selling, leasing, or operating equipment, facilities,
personnel, products, services, personal property, real
property, or any other apparatus of business or commerce.
(ii) Exceptions.--The term ``business operations'' does not
include any of the following:
(I) Action taken for the benefit of the country of Ukraine.
(II) Activities to support humanitarian projects to meet
basic human needs in Ukraine or the Russian Federation,
including--
(aa) drought and flood relief;
(bb) food, nutrition, and medicine distribution;
(cc) the provision of health services;
(dd) assistance for vulnerable or displaced populations,
including individuals with disabilities and the elderly; and
(ee) environmental programs.
(III) Activities to support education in Ukraine or the
Russian Federation, including combating illiteracy,
increasing access to education, international exchanges, and
assisting education reform projects.
(IV) Activities to support non-commercial development
projects directly benefitting the people of Ukraine or the
Russian Federation, including those related to health, food
security, and water and sanitation.
(V) The provision of products or services for compliance
with legal, reporting, or other requirements of the laws or
standards of countries other than the Russian Federation.
(VI) Journalistic and publishing activities, news
reporting, or the gathering and dissemination of information,
informational materials, related services, or transactions
ordinarily incident to journalistic and publishing
activities.
(VII) Research activities, including medical research, for
purposes of benefit to the general public.
(iii) Exception for suspension or termination actions.--The
term ``business operations'' does not include action taken to
support the suspension or termination of business operations
(as described in clause (i)) for the duration of the covered
period, including--
(I) an action to secure or divest from facilities,
property, or equipment;
(II) the provision of products or services provided to
reduce or eliminate operations in territory internationally
recognized as the Russian Federation or to comply with
sanctions relating to the Russian Federation; and
(III) activities that are incident to liquidating,
dissolving, or winding down a subsidiary or legal entity in
Russia through which operations had been conducted, including
actions required to meet any judicial or regulatory
requirements or orders of the Russian Federation.
(C) Covered contract.--The term ``covered contract'' means
a prime contract entered into by an executive agency with a
company conducting business operations in territory
internationally recognized as the Russian Federation during
the covered period.
(D) Covered period.--The term ``covered period'' means the
period of time beginning 180 days after the date of the
enactment of this Act and ending on a date that is determined
by the Secretary of State based on steps taken by the Russian
Federation to restore the safety, sovereignty, and condition
of the country of Ukraine, or 10 years after the date of the
enactment of this Act, whichever is sooner.
(E) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.-
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