[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).
                                 ______