II 

117TH CONGRESS 

2D SESSION S. 4930 

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 

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’’. 

6 SEC. 2. FEDERAL CONTRACTING FOR PEACE AND SECU7 RITY. 

8 (a) PURPOSE.—It is the policy of the Federal Govern9 ment not to conduct business with companies that under10 mine United States national security interests by conVerDate Sep 11 2014 23:09 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4930.IS S4930

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1 tinuing to operate in the Russian Federation during its 

2 ongoing war of aggression against Ukraine. 

3 (b) CONTRACTING PROHIBITION.— 

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

5 agency may not enter into, extend, or renew a cov6 ered contract with a company that continues to con7 duct business operations in territory internationally 

8 recognized as the Russian Federation during the 

9 covered period. 

10 (2) EXCEPTIONS.— 

11 (A) GOOD FAITH EXEMPTION.—The Office 

12 of Management and Budget, in consultation 

13 with the General Services Administration, may 

14 exempt a contractor from the prohibition in 

15 paragraph (1) if the contractor has— 

16 (i) pursued and continues to pursue 

17 all reasonable steps in demonstrating a 

18 good faith effort to comply with the re19 quirements of this Act; and 

20 (ii) provided to the executive agency a 

21 reasonable, written plan to achieve compli22 ance with such requirements. 

23 (B) PERMISSIBLE OPERATIONS.—The pro24 hibition in paragraph (1) shall not apply to 

25 business operations in Russia authorized by a 


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1 license issued by the Office of Foreign Assets 

2 Control or the Bureau of Industry and Security 

3 or is otherwise allowed to operate notwith4 standing the imposition of sanctions or export 

5 controls. 

6 (C) AMERICAN DIPLOMATIC MISSION IN

7 RUSSIA.—The prohibition in paragraph (1) 

8 shall not apply to contracts related to the oper9 ation and maintenance of the United States 

10 Government’s consular offices and diplomatic 

11 posts in Russia. 

12 (D) INDIVIDUAL CONTRACTS.—The prohi13 bition under paragraph (1) shall not apply to 

14 any contract that is any of the following: 

15 (i) For the benefit, either directly or 

16 through the efforts of regional allies, of the 

17 country of Ukraine. 

18 (ii) For humanitarian purposes to 

19 meet basic human needs. 

20 (3) NATIONAL SECURITY AND PUBLIC INTER21 EST WAIVERS.— 

22 (A) IN GENERAL.—The head of an execu23 tive agency is authorized to waive the prohibi24 tion under paragraph (1) with respect to a cov25 ered contract if the head of the agency certifies 


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1 in writing to the President that such waiver is 

2 for the national security of the United States or 

3 in the public interest of the United States, and 

4 includes in such certification a justification for 

5 the waiver and description of the contract to 

6 which the waiver applies. The authority in this 

7 subparagraph may not be delegated below the 

8 level of the senior procurement executive of the 

9 agency. 

10 (B) CONGRESSIONAL NOTIFICATION.—The 

11 head of an executive agency shall, not later 

12 than 7 days before issuing a waiver described in 

13 subparagraph (A), submit to the appropriate 

14 congressional committees the certification de15 scribed in such subparagraph. 

16 (4) EMERGENCY RULEMAKING AUTHORITY.— 

17 Not later than 60 days after the date of the enact18 ment of this Act, the Director of the Office of Man19 agement and Budget, in consultation with the Ad20 ministrator of General Services and the Secretary of 

21 Defense, shall promulgate regulations for agency im22 plementation of this Act using emergency rule23 making procedures while considering public comment 

24 to the greatest extent practicable, that includes the 

25 following: 


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1 (A) A list of equipment, facilities, per2 sonnel, products, services, or other items or ac3 tivities, the engagement with which would be 

4 considered business operations, subject to the 

5 prohibition under paragraph (1). 

6 (B) A requirement for a contractor or of7 feror to represent whether such contractor or 

8 offeror uses any of the items on the list de9 scribed in subparagraph (A). 

10 (C) A description of the process for deter11 mining a good faith exemption described under 

12 paragraph (2). 

13 (5) DEFINITIONS.—In this section: 

14 (A) APPROPRIATE CONGRESSIONAL COM15 MITTEES.—The term ‘‘appropriate congres16 sional committees’’ means the Committee on 

17 Homeland Security and Governmental Affairs 

18 of the Senate and the Committee on Oversight 

19 and Reform of the House of Representatives. 

20 (B) BUSINESS OPERATIONS.— 

21 (i) IN GENERAL.—Except as provided 

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

23 operations’’ means engaging in commerce 

24 in any form, including acquiring, devel25 oping, selling, leasing, or operating equipVerDate Sep 11 2014 23:09 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4930.IS S4930

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1 ment, facilities, personnel, products, serv2 ices, personal property, real property, or 

3 any other apparatus of business or com4 merce. 

5 (ii) EXCEPTIONS.—The term ‘‘busi6 ness operations’’ does not include any of 

7 the following: 

8 (I) Action taken for the benefit 

9 of the country of Ukraine. 

10 (II) Action serving humanitarian 

11 purposes to meet basic human needs, 

12 including through a hospital, school, 

13 or non-profit organization. 

14 (III) The provision of products or 

15 services for compliance with legal, re16 porting, or other requirements of the 

17 laws or standards of countries other 

18 than the Russian Federation. 

19 (IV) Journalistic and publishing 

20 activities, news reporting, or the gath21 ering and dissemination of informa22 tion, informational materials, related 

23 services, or transactions ordinarily in24 cident to journalistic and publishing 

25 activities. 


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1 (iii) EXCEPTION FOR SUSPENSION OR

2 TERMINATION ACTIONS.—The term ‘‘busi3 ness operations’’ does not include action 

4 taken to support the suspension or termi5 nation of business operations (as described 

6 in clause (i)) for the duration of the cov7 ered period, including— 

8 (I) an action to secure or divest 

9 from facilities, property, or equip10 ment; 

11 (II) the provision of products or 

12 services provided to reduce or elimi13 nate operations in territory inter14 nationally recognized as the Russian 

15 Federation or to comply with sanc16 tions relating to the Russian Federa17 tion; and 

18 (III) activities that are incident 

19 to liquidating, dissolving, or winding 

20 down a subsidiary or legal entity in 

21 Russia through which operations had 

22 been conducted. 

23 (C) COVERED CONTRACT.—The term ‘‘cov24 ered contract’’ means a prime contract entered 

25 into by an executive agency with a company 


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1 conducting business operations in territory 

2 internationally recognized as the Russian Fed3 eration during the covered period. 

4 (D) COVERED PERIOD.—The term ‘‘cov5 ered period’’ means the period of time begin6 ning 90 days after the date of the enactment of 

7 this Act and ending on a date that is deter8 mined by the Secretary of State based on steps 

9 taken by the Russian Federation to restore the 

10 safety, sovereignty, and condition of the country 

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

12 enactment of this Act, whichever is sooner. 

13 (E) EXECUTIVE AGENCY.—The term ‘‘ex14 ecutive agency’’ has the meaning given the term 

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

Æ 


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