[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2635-S2636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 491. Mr. SCOTT of Florida submitted an amendment intended to be
proposed by him to the bill S. 2226, to authorize appropriations for
fiscal year 2024 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. 823. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE
BUSINESS OPERATIONS WITH THE GOVERNMENT OF THE
RUSSIAN FEDERATION OR THE RUSSIAN ENERGY
SECTOR.
(a) Prohibition.--Except as provided under subsections (b),
(c), and (d), 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) 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--
(A) is necessary--
(i) for purposes of providing humanitarian assistance to
the people of Russia; or
(ii) for purposes of providing disaster relief and other
urgent life-saving measures;
(B) is vital to the military readiness, basing, or
operations of the United States or the North Atlantic Treaty
Organization; or
(C) is vital to the national security interests of the
United States.
(2) Notification requirement.--The Secretary of Defense
shall notify the appropriate congressional committees of any
contract entered into on the basis of an exception provided
for under paragraph (1).
(3) Office of foreign assets control licenses.--The
prohibition in subsection (a) shall not apply to a person
that has a valid license to operate in Russia issued by the
Office of Foreign Assets Control of the Department of the
Treasury or is otherwise authorized to operate in Russia by
the Federal Government notwithstanding the imposition of
sanctions.
(4) American diplomatic mission in russia.--The prohibition
in subsection (a) shall not apply to contracts related to the
operation and maintenance of the United States Government's
consular offices and diplomatic posts in Russia.
(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 effective 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--
[[Page S2636]]
(1) has reached an agreement relating to the withdrawal of
Russian forces and cessation of military hostilities that is
accepted by the free and independent government of Ukraine;
(2) poses no immediate military threat of aggression to any
North Atlantic Treaty Organization member; and
(3) recognizes the right of the people of Ukraine to
independently and freely choose their own government.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Oversight and Reform, the Committee on
Armed Services, and the Committee on Foreign Affairs of the
House of Representatives; and
(B) the Committee on Homeland Security and Governmental
Affairs, the Committee on Armed Services, and the Committee
on Foreign Relations of the Senate.
(2) Business operations.--The term ``business operations''
means 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.
(3) 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, Russian oil, gas, or coal.
(4) Government of the russian federation.--The term
``Government of the Russian Federation'' includes the
government of any political subdivision of Russia, and any
agency or instrumentality of the Government of the Russian
Federation. For purposes of this paragraph, 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 ``Russia''.
(5) 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) any 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) any successor, subunit, parent entity, or subsidiary
of, or any entity under common ownership or control with, any
entity described in subparagraph (A) or (B).
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