[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4364 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4364
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 SENATE OF THE UNITED STATES
June 8 (legislative day, June 7), 2022
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
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 subsection (b), 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) Humanitarian assistance, disaster relief, and national
security.--
(A) 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--
(i) is necessary for purposes of providing
humanitarian assistance to the people of the
Russian Federation;
(ii) is necessary for purposes of providing
disaster relief and other urgent life-saving
measures; or
(iii) is vital to the national security
interests of the United States.
(B) 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 under subparagraph (A).
(2) Office of foreign assets control licenses.--The
prohibition under subsection (a) does not apply to a person
that has a valid license to operate in the Russian Federation
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 with
respect to the Russian Federation.
(3) American diplomatic mission in russia.--The prohibition
under subsection (a) does not apply to contracts related to the
operation and maintenance of the consular offices and
diplomatic posts of the United States Government in the Russian
Federation.
(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 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 from Ukraine and cessation of military
hostilities in Ukraine that is accepted by the free and
independent Government of Ukraine;
(2) poses no immediate military threat of aggression to any
member of the North Atlantic Treaty Organization; and
(3) recognizes the right of the people of Ukraine to
independently and freely choose their own government.
(e) Definitions.--In this section:
(1) Agency or instrumentality of the government of the
russian federation.--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
``the Russian Federation''.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Oversight and
Reform of the House of Representatives.
(3) Business operations.--The term ``business operations''
means the act of 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.
(4) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
(5) 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, oil, gas, or coal.
(6) Government of the russian federation.--The term
``Government of the Russian Federation'' includes the
government of any political subdivision of the Russian
Federation and any agency or instrumentality of the Government
of the Russian Federation.
(7) 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) a 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) a successor, subunit, parent entity, or
subsidiary of, or an entity under common ownership or
control with, an entity described in subparagraph (A)
or (B).
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