[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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