[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7991 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7991
To prohibit contracting with persons that have business operations with
the Government of the Russian Federation or the Russian energy sector,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2022
Mr. Waltz (for himself, Mr. Crow, Ms. Kaptur, Mr. Bacon, Mr. Garamendi,
Miss Gonzalez-Colon, Ms. Norton, Mrs. Kim of California, and Mr.
Fitzpatrick) introduced the following bill; which was referred to the
Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To prohibit contracting with persons that have business operations with
the Government of the Russian Federation or the Russian energy sector,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Russia's Energy and Military
Liable for Invading its Neighbors Act'' or the ``KREMLIN Act''.
SEC. 2. 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 head of an executive agency 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 head of an executive agency
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;
or
(B) is vital to the national security interests of
the United States.
(2) Notification requirement.--The head of an executive
agency 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 or
entity 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 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--
(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) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(4) 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.
(5) 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''.
(6) 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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