United States 117th Congress Status: In Committee 1 D cosponsors

S 4930 — Federal Contracting for Peace and Security Act

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 665.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

220 added · 25 removed

Plain-language change summary

The amendment to S. 4930 removes the short title and specific sections about prohibiting federal contracts with companies operating in Russia during its war against Ukraine. It also eliminates details on exceptions for good faith, national security and public interest waivers, and emergency rulemaking authority. This change simplifies the text, which may impact the clarity and enforcement of policies related to federal contracting in this context.

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4930 Introduced in Senate (IS)] <DOC> 117th CONGRESS 2d Session S.
4930 Reported in Senate (RS)] <DOC> Calendar No.
4930 To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes.
665 117th CONGRESS 2d Session S.
4930 [Report No.
117-266] To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes.
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes.
which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 15, 2022 Reported by Mr.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
Peters, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ A BILL To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Federal Contracting for Peace and Security Act''.</DELETED> <DELETED>SEC.
2.
FEDERAL CONTRACTING FOR PEACE AND SECURITY.</DELETED> <DELETED> (a) Purpose.--It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine.</DELETED> <DELETED> (b) Contracting Prohibition.--</DELETED> <DELETED> (1) Prohibition.--The head of an executive agency may not enter into, extend, or renew a covered contract with a company that continues to conduct business operations in territory internationally recognized as the Russian Federation during the covered period.</DELETED> <DELETED> (2) Exceptions.--</DELETED> <DELETED> (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--</DELETED> <DELETED> (i) pursued and continues to pursue all reasonable steps in demonstrating a good faith effort to comply with the requirements of this Act;
and</DELETED> <DELETED> (ii) provided to the executive agency a reasonable, written plan to achieve compliance with such requirements.</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (D) Individual contracts.--The prohibition under paragraph (1) shall not apply to any contract that is any of the following:</DELETED> <DELETED> (i) For the benefit, either directly or through the efforts of regional allies, of the country of Ukraine.</DELETED> <DELETED> (ii) For humanitarian purposes to meet basic human needs.</DELETED> <DELETED> (3) National security and public interest waivers.--</DELETED> <DELETED> (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 security 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.</DELETED> <DELETED> (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.</DELETED> <DELETED> (4) Emergency rulemaking authority.--Not later than 60 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:</DELETED> <DELETED> (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).</DELETED> <DELETED> (B) A requirement for a contractor or offeror to represent whether such contractor or offeror uses any of the items on the list described in subparagraph (A).</DELETED> <DELETED> (C) A description of the process for determining a good faith exemption described under paragraph (2).</DELETED> <DELETED> (5) Definitions.--In this section:</DELETED> <DELETED> (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.</DELETED> <DELETED> (B) Business operations.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (ii) Exceptions.--The term ``business operations'' does not include any of the following:</DELETED> <DELETED> (I) Action taken for the benefit of the country of Ukraine.</DELETED> <DELETED> (II) Action serving humanitarian purposes to meet basic human needs, including through a hospital, school, or non-profit organization.</DELETED> <DELETED> (III) 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.</DELETED> <DELETED> (IV) 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.</DELETED> <DELETED> (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--</DELETED> <DELETED> (I) an action to secure or divest from facilities, property, or equipment;</DELETED> <DELETED> (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</DELETED> <DELETED> (III) activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia through which operations had been conducted.</DELETED> <DELETED> (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.</DELETED> <DELETED> (D) Covered period.--The term ``covered period'' means the period of time beginning 90 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.</DELETED> <DELETED> (E) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code.</DELETED> SECTION 1.
(a) Purpose.--It is the policy of the Federal Government not to conduct business with companies that undermine United States national security interests by continuing to operate in the Russian Federation during its ongoing war of aggression against Ukraine.
(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 a company that continues to conduct business operations in territory internationally recognized as the Russian Federation during the covered period.
(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.
(3) National security 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 security 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.
(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.
(4) Emergency rulemaking authority.--Not later than 60 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:
(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:
(B) A requirement for a contractor or offeror to represent whether such contractor or offeror uses any of the items on the list described in subparagraph (A).
(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).
(II) Action serving humanitarian purposes to meet basic human needs, including through a hospital, school, or non-profit organization.
(II) Activities to support humanitarian projects to meet basic human needs in Ukraine or the Russian Federation, including-- (aa) drought and flood relief;
(III) 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.
(bb) food, nutrition, and medicine distribution;
(IV) 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.
(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.
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.
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.
(D) Covered period.--The term ``covered period'' means the period of time beginning 90 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.
(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.
<all>
Calendar No.
665 117th CONGRESS 2d Session S.
4930 [Report No.
117-266] _______________________________________________________________________ A BILL To prohibit Federal procurement from companies operating in the Russian Federation, and for other purposes.
_______________________________________________________________________ December 15, 2022 Reported with an amendment
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Sections of law this bill changes

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Also cites: 41 U.S.C. § 133

Action History

  1. Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 117-266.

  2. Committee on Homeland Security and Governmental Affairs. Reported by Senator Peters with an amendment in the nature of a substitute. With written report No. 117-266.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 665.

  4. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Introduced in Senate

  6. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety labor
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Frequently asked questions

Who sponsors S 4930?
S 4930 is sponsored by Peters, Gary C. (Democratic).
What is the current status of S 4930?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 4930?
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