II 

Calendar No. 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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2022 

Mr. PETERS introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 15, 2022 

Reported by Mr. 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Contracting 

5 for Peace and Security Act’’. 


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1 SEC. 2. FEDERAL CONTRACTING FOR PEACE AND SECU2 RITY. 

3 (a) PURPOSE.—It is the policy of the Federal Govern4 ment not to conduct business with companies that under5 mine United States national security interests by con6 tinuing to operate in the Russian Federation during its 

7 ongoing war of aggression against Ukraine. 

8 (b) CONTRACTING PROHIBITION.— 

9 (1) PROHIBITION.—The head of an executive 

10 agency may not enter into, extend, or renew a cov11 ered contract with a company that continues to con12 duct business operations in territory internationally 

13 recognized as the Russian Federation during the 

14 covered period. 

15 (2) EXCEPTIONS.— 

16 (A) GOOD FAITH EXEMPTION.—The Office 

17 of Management and Budget, in consultation 

18 with the General Services Administration, may 

19 exempt a contractor from the prohibition in 

20 paragraph (1) if the contractor has— 

21 (i) pursued and continues to pursue 

22 all reasonable steps in demonstrating a 

23 good faith effort to comply with the re24 quirements of this Act; and 


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1 (ii) provided to the executive agency a 

2 reasonable, written plan to achieve compli3 ance with such requirements. 

4 (B) PERMISSIBLE OPERATIONS.—The pro5 hibition in paragraph (1) shall not apply to 

6 business operations in Russia authorized by a 

7 license issued by the Office of Foreign Assets 

8 Control or the Bureau of Industry and Security 

9 or is otherwise allowed to operate notwith10 standing the imposition of sanctions or export 

11 controls. 

12 (C) AMERICAN DIPLOMATIC MISSION IN

13 RUSSIA.—The prohibition in paragraph (1) 

14 shall not apply to contracts related to the oper15 ation and maintenance of the United States 

16 Government’s consular offices and diplomatic 

17 posts in Russia. 

18 (D) INDIVIDUAL CONTRACTS.—The prohi19 bition under paragraph (1) shall not apply to 

20 any contract that is any of the following: 

21 (i) For the benefit, either directly or 

22 through the efforts of regional allies, of the 

23 country of Ukraine. 

24 (ii) For humanitarian purposes to 

25 meet basic human needs. 


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1 (3) NATIONAL SECURITY AND PUBLIC INTER2 EST WAIVERS.— 

3 (A) IN GENERAL.—The head of an execu4 tive agency is authorized to waive the prohibi5 tion under paragraph (1) with respect to a cov6 ered contract if the head of the agency certifies 

7 in writing to the President that such waiver is 

8 for the national security of the United States or 

9 in the public interest of the United States, and 

10 includes in such certification a justification for 

11 the waiver and description of the contract to 

12 which the waiver applies. The authority in this 

13 subparagraph may not be delegated below the 

14 level of the senior procurement executive of the 

15 agency. 

16 (B) CONGRESSIONAL NOTIFICATION.—The 

17 head of an executive agency shall, not later 

18 than 7 days before issuing a waiver described in 

19 subparagraph (A), submit to the appropriate 

20 congressional committees the certification de21 scribed in such subparagraph. 

22 (4) EMERGENCY RULEMAKING AUTHORITY.— 

23 Not later than 60 days after the date of the enact24 ment of this Act, the Director of the Office of Man25 agement and Budget, in consultation with the AdVerDate Sep 11 2014 05:02 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S4930.RS S4930

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1 ministrator of General Services and the Secretary of 

2 Defense, shall promulgate regulations for agency im3 plementation of this Act using emergency rule4 making procedures while considering public comment 

5 to the greatest extent practicable, that includes the 

6 following: 

7 (A) A list of equipment, facilities, per8 sonnel, products, services, or other items or ac9 tivities, the engagement with which would be 

10 considered business operations, subject to the 

11 prohibition under paragraph (1). 

12 (B) A requirement for a contractor or of13 feror to represent whether such contractor or 

14 offeror uses any of the items on the list de15 scribed in subparagraph (A). 

16 (C) A description of the process for deter17 mining a good faith exemption described under 

18 paragraph (2). 

19 (5) DEFINITIONS.—In this section: 

20 (A) APPROPRIATE CONGRESSIONAL COM21 MITTEES.—The term ‘‘appropriate congres22 sional committees’’ means the Committee on 

23 Homeland Security and Governmental Affairs 

24 of the Senate and the Committee on Oversight 

25 and Reform of the House of Representatives. 


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1 (B) BUSINESS OPERATIONS.— 

2 (i) IN GENERAL.—Except as provided 

3 in clauses (ii) and (iii), the term ‘‘business 

4 operations’’ means engaging in commerce 

5 in any form, including acquiring, devel6 oping, selling, leasing, or operating equip7 ment, facilities, personnel, products, serv8 ices, personal property, real property, or 

9 any other apparatus of business or com10 merce. 

11 (ii) EXCEPTIONS.—The term ‘‘busi12 ness operations’’ does not include any of 

13 the following: 

14 (I) Action taken for the benefit 

15 of the country of Ukraine. 

16 (II) Action serving humanitarian 

17 purposes to meet basic human needs, 

18 including through a hospital, school, 

19 or non-profit organization. 

20 (III) The provision of products or 

21 services for compliance with legal, re22 porting, or other requirements of the 

23 laws or standards of countries other 

24 than the Russian Federation. 


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1 (IV) Journalistic and publishing 

2 activities, news reporting, or the gath3 ering and dissemination of informa4 tion, informational materials, related 

5 services, or transactions ordinarily in6 cident to journalistic and publishing 

7 activities. 

8 (iii) EXCEPTION FOR SUSPENSION OR

9 TERMINATION ACTIONS.—The term ‘‘busi10 ness operations’’ does not include action 

11 taken to support the suspension or termi12 nation of business operations (as described 

13 in clause (i)) for the duration of the cov14 ered period, including— 

15 (I) an action to secure or divest 

16 from facilities, property, or equip17 ment; 

18 (II) the provision of products or 

19 services provided to reduce or elimi20 nate operations in territory inter21 nationally recognized as the Russian 

22 Federation or to comply with sanc23 tions relating to the Russian Federa24 tion; and 


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1 (III) activities that are incident 

2 to liquidating, dissolving, or winding 

3 down a subsidiary or legal entity in 

4 Russia through which operations had 

5 been conducted. 

6 (C) COVERED CONTRACT.—The term ‘‘cov7 ered contract’’ means a prime contract entered 

8 into by an executive agency with a company 

9 conducting business operations in territory 

10 internationally recognized as the Russian Fed11 eration during the covered period. 

12 (D) COVERED PERIOD.—The term ‘‘cov13 ered period’’ means the period of time begin14 ning 90 days after the date of the enactment of 

15 this Act and ending on a date that is deter16 mined by the Secretary of State based on steps 

17 taken by the Russian Federation to restore the 

18 safety, sovereignty, and condition of the country 

19 of Ukraine, or 10 years after the date of the 

20 enactment of this Act, whichever is sooner. 

21 (E) EXECUTIVE AGENCY.—The term ‘‘ex22 ecutive agency’’ has the meaning given the term 

23 in section 133 of title 41, United States Code. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Contracting for 

3 Peace and Security Act’’. 

4 SEC. 2. FEDERAL CONTRACTING FOR PEACE AND SECU5 RITY. 

6 (a) PURPOSE.—It is the policy of the Federal Govern7 ment not to contract with entities that undermine United 

8 States interests by continuing to conduct business oper9 ations in the Russian Federation during its ongoing war 

10 of aggression against Ukraine. 

11 (b) CONTRACTING PROHIBITION.— 

12 (1) PROHIBITION.—The head of an executive 

13 agency may not enter into, extend, or renew a covered 

14 contract with an entity that continues to conduct 

15 business operations in the territory internationally 

16 recognized as the Russian Federation during the cov17 ered period. 

18 (2) EXCEPTIONS.— 

19 (A) GOOD FAITH EXEMPTION.—The Office 

20 of Management and Budget, in consultation with 

21 the General Services Administration, may ex22 empt a contractor from the prohibition in para23 graph (1) if the contractor has— 

24 (i) pursued and continues to pursue all 

25 reasonable steps in demonstrating a good 


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1 faith effort to comply with the requirements 

2 of this Act; and 

3 (ii) provided to the executive agency a 

4 reasonable, written plan to achieve compli5 ance with such requirements. 

6 (B) PERMISSIBLE OPERATIONS.—The prohi7 bition in paragraph (1) shall not apply to busi8 ness operations in Russia authorized by a license 

9 issued by the Office of Foreign Assets Control or 

10 the Bureau of Industry and Security or is other11 wise allowed to operate notwithstanding the im12 position of sanctions or export controls. 

13 (C) AMERICAN DIPLOMATIC MISSION IN

14 RUSSIA.—The prohibition in paragraph (1) shall 

15 not apply to contracts related to the operation 

16 and maintenance of the United States Govern17 ment’s consular offices and diplomatic posts in 

18 Russia. 

19 (D) INDIVIDUAL CONTRACTS.—The prohibi20 tion under paragraph (1) shall not apply to any 

21 contract that is any of the following: 

22 (i) For the benefit, either directly or 

23 through the efforts of regional allies, of the 

24 country of Ukraine. 


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1 (ii) For humanitarian purposes to 

2 meet basic human needs. 

3 (3) NATIONAL INTEREST AND PUBLIC INTEREST

4 WAIVERS.— 

5 (A) IN GENERAL.—The head of an executive 

6 agency is authorized to waive the prohibition 

7 under paragraph (1) with respect to a covered 

8 contract if the head of the agency certifies in 

9 writing to the President that such waiver is for 

10 the national interest of the United States or in 

11 the public interest of the United States, and in12 cludes in such certification a justification for the 

13 waiver and description of the contract to which 

14 the waiver applies. The authority in this sub15 paragraph may not be delegated below the level 

16 of the senior procurement executive of the agency. 

17 (B) CONGRESSIONAL NOTIFICATION.—The 

18 head of an executive agency shall, not later than 

19 7 days before issuing a waiver described in sub20 paragraph (A), submit to the appropriate con21 gressional committees the certification described 

22 in such subparagraph. 

23 (4) EMERGENCY RULEMAKING AUTHORITY.—Not 

24 later than 180 days after the date of the enactment 

25 of this Act, the Director of the Office of Management 


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1 and Budget, in consultation with the Administrator 

2 of General Services and the Secretary of Defense, shall 

3 promulgate regulations for agency implementation of 

4 this Act using emergency rulemaking procedures while 

5 considering public comment to the greatest extent 

6 practicable, that includes the following: 

7 (A) A list of equipment, facilities, per8 sonnel, products, services, or other items or ac9 tivities, the engagement with which would be 

10 considered business operations, subject to the pro11 hibition under paragraph (1). 

12 (B) A requirement for a contractor or offer13 or to represent whether such contractor or offeror 

14 uses any of the items, or is engaged in any of 

15 the activities on the list, described in subpara16 graph (A). 

17 (C) A description of the process for deter18 mining a good faith exemption described under 

19 paragraph (2). 

20 (5) DEFINITIONS.—In this section: 

21 (A) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional 

23 committees’’ means the Committee on Homeland 

24 Security and Governmental Affairs of the Senate 


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1 and the Committee on Oversight and Reform of 

2 the House of Representatives. 

3 (B) BUSINESS OPERATIONS.— 

4 (i) IN GENERAL.—Except as provided 

5 in clauses (ii) and (iii), the term ‘‘business 

6 operations’’ means engaging in commerce in 

7 any form, including acquiring, developing, 

8 selling, leasing, or operating equipment, fa9 cilities, personnel, products, services, per10 sonal property, real property, or any other 

11 apparatus of business or commerce. 

12 (ii) EXCEPTIONS.—The term ‘‘business 

13 operations’’ does not include any of the fol14 lowing: 

15 (I) Action taken for the benefit of 

16 the country of Ukraine. 

17 (II) Activities to support humani18 tarian projects to meet basic human 

19 needs in Ukraine or the Russian Fed20 eration, including— 

21 (aa) drought and flood relief; 

22 (bb) food, nutrition, and 

23 medicine distribution; 

24 (cc) the provision of health 

25 services; 


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1 (dd) assistance for vulnerable 

2 or displaced populations, includ3 ing individuals with disabilities 

4 and the elderly; and 

5 (ee) environmental programs. 

6 (III) Activities to support edu7 cation in Ukraine or the Russian Fed8 eration, including combating illiteracy, 

9 increasing access to education, inter10 national exchanges, and assisting edu11 cation reform projects. 

12 (IV) Activities to support non13 commercial development projects di14 rectly benefitting the people of Ukraine 

15 or the Russian Federation, including 

16 those related to health, food security, 

17 and water and sanitation. 

18 (V) The provision of products or 

19 services for compliance with legal, re20 porting, or other requirements of the 

21 laws or standards of countries other 

22 than the Russian Federation. 

23 (VI) Journalistic and publishing 

24 activities, news reporting, or the gath25 ering and dissemination of informaVerDate Sep 11 2014 05:02 Dec 16, 2022 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\S4930.RS S4930

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1 tion, informational materials, related 

2 services, or transactions ordinarily in3 cident to journalistic and publishing 

4 activities. 

5 (VII) Research activities, includ6 ing medical research, for purposes of 

7 benefit to the general public. 

8 (iii) EXCEPTION FOR SUSPENSION OR

9 TERMINATION ACTIONS.—The term ‘‘busi10 ness operations’’ does not include action 

11 taken to support the suspension or termi12 nation of business operations (as described 

13 in clause (i)) for the duration of the covered 

14 period, including— 

15 (I) an action to secure or divest 

16 from facilities, property, or equipment; 

17 (II) the provision of products or 

18 services provided to reduce or eliminate 

19 operations in territory internationally 

20 recognized as the Russian Federation 

21 or to comply with sanctions relating to 

22 the Russian Federation; and 

23 (III) activities that are incident 

24 to liquidating, dissolving, or winding 

25 down a subsidiary or legal entity in 


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1 Russia through which operations had 

2 been conducted, including actions re3 quired to meet any judicial or regu4 latory requirements or orders of the 

5 Russian Federation. 

6 (C) COVERED CONTRACT.—The term ‘‘cov7 ered contract’’ means a prime contract entered 

8 into by an executive agency with a company 

9 conducting business operations in territory inter10 nationally recognized as the Russian Federation 

11 during the covered period. 

12 (D) COVERED PERIOD.—The term ‘‘covered 

13 period’’ means the period of time beginning 180 

14 days after the date of the enactment of this Act 

15 and ending on a date that is determined by the 

16 Secretary of State based on steps taken by the 

17 Russian Federation to restore the safety, sov18 ereignty, and condition of the country of 

19 Ukraine, or 10 years after the date of the enact20 ment of this Act, whichever is sooner. 

21 (E) EXECUTIVE AGENCY.—The term ‘‘execu22 tive agency’’ has the meaning given the term in 

23 section 133 of title 41, United States Code. 


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Calendar No. 665 

117TH CONGRESS 

2D SESSION S. 4930 

[Report No. 117–266] 

A BILL 

To prohibit Federal procurement from companies 

other purposes. operating in the Russian Federation, and for 

DECEMBER 15, 2022 

Reported with an amendment 


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