II 

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. 

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 ‘‘Keeping Russia’s En5 ergy and Military Liable for Invading its Neighbors Act’’ 

6 or the ‘‘KREMLIN Act’’. 


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1 SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS 

2 THAT HAVE BUSINESS OPERATIONS WITH 

3 THE GOVERNMENT OF THE RUSSIAN FED4 ERATION OR THE RUSSIAN ENERGY SECTOR. 

5 (a) PROHIBITION.—Except as provided under sub6 section (b), the head of an executive agency may not enter 

7 into a contract for the procurement of goods or services 

8 with any person that has business operations with— 

9 (1) an authority of the Government of the Rus10 sian Federation; or 

11 (2) a fossil fuel company that operates in the 

12 Russian Federation, except if the fossil fuel company 

13 transports oil or gas— 

14 (A) through the Russian Federation for 

15 sale outside of the Russian Federation; and 

16 (B) that was extracted from a country 

17 other than the Russian Federation with respect 

18 to the energy sector of which the President has 

19 not imposed sanctions as of the date on which 

20 the contract is awarded. 

21 (b) EXCEPTIONS.— 

22 (1) HUMANITARIAN ASSISTANCE, DISASTER RE23 LIEF, AND NATIONAL SECURITY.— 

24 (A) IN GENERAL.—The prohibition under 

25 subsection (a) does not apply to a contract that 


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1 the head of an executive agency and the Sec2 retary of State jointly determine— 

3 (i) is necessary for purposes of pro4 viding humanitarian assistance to the peo5 ple of the Russian Federation; 

6 (ii) is necessary for purposes of pro7 viding disaster relief and other urgent life8 saving measures; or 

9 (iii) is vital to the national security in10 terests of the United States. 

11 (B) NOTIFICATION REQUIREMENT.—The 

12 head of an executive agency shall notify the ap13 propriate congressional committees of any con14 tract entered into on the basis of an exception 

15 under subparagraph (A). 

16 (2) OFFICE OF FOREIGN ASSETS CONTROL LI17 CENSES.—The prohibition under subsection (a) does 

18 not apply to a person that has a valid license to op19 erate in the Russian Federation issued by the Office 

20 of Foreign Assets Control of the Department of the 

21 Treasury or is otherwise authorized to operate not22 withstanding the imposition of sanctions with re23 spect to the Russian Federation. 

24 (3) AMERICAN DIPLOMATIC MISSION IN RUS25 SIA.—The prohibition under subsection (a) does not 


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1 apply to contracts related to the operation and main2 tenance of the consular offices and diplomatic posts 

3 of the United States Government in the Russian 

4 Federation. 

5 (c) APPLICABILITY.—This section shall take effect on 

6 the date of the enactment of this Act and apply with re7 spect to any contract entered into on or after such date. 

8 (d) SUNSET.—This section shall terminate on the 

9 date on which the President submits to the appropriate 

10 congressional committees a certification in writing that 

11 contains a determination of the President that the Russian 

12 Federation— 

13 (1) has reached an agreement relating to the 

14 withdrawal of Russian forces from Ukraine and ces15 sation of military hostilities in Ukraine that is ac16 cepted by the free and independent Government of 

17 Ukraine; 

18 (2) poses no immediate military threat of ag19 gression to any member of the North Atlantic Trea20 ty Organization; and 

21 (3) recognizes the right of the people of 

22 Ukraine to independently and freely choose their 

23 own government. 

24 (e) DEFINITIONS.—In this section: 


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1 (1) AGENCY OR INSTRUMENTALITY OF THE

2 GOVERNMENT OF THE RUSSIAN FEDERATION.—The 

3 term ‘‘agency or instrumentality of the Government 

4 of the Russian Federation’’ means an agency or in5 strumentality of a foreign state as defined in section 

6 1603(b) of title 28, United States Code, with each 

7 reference in such section to ‘‘a foreign state’’ 

8 deemed to be a reference to ‘‘the Russian Federa9 tion’’. 

10 (2) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means— 

13 (A) the Committee on Armed Services, the 

14 Committee on Foreign Relations, and the Com15 mittee on Homeland Security and Govern16 mental Affairs of the Senate; and 

17 (B) the Committee on Armed Services, the 

18 Committee on Foreign Affairs, and the Com19 mittee on Oversight and Reform of the House 

20 of Representatives. 

21 (3) BUSINESS OPERATIONS.—The term ‘‘busi22 ness operations’’ means the act of engaging in com23 merce in any form, including acquiring, developing, 

24 maintaining, owning, selling, possessing, leasing, or 

25 operating equipment, facilities, personnel, products, 


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1 services, personal property, real property, or any 

2 other apparatus of business or commerce. 

3 (4) EXECUTIVE AGENCY.—The term ‘‘executive 

4 agency’’ has the meaning given the term in section 

5 133 of title 41, United States Code. 

6 (5) FOSSIL FUEL COMPANY.—The term ‘‘fossil 

7 fuel company’’ means a person that— 

8 (A) carries out oil, gas, or coal exploration, 

9 development, or production activities; 

10 (B) processes or refines oil, gas, or coal; or 

11 (C) transports, or constructs facilities for 

12 the transportation of, oil, gas, or coal. 

13 (6) GOVERNMENT OF THE RUSSIAN FEDERA14 TION.—The term ‘‘Government of the Russian Fed15 eration’’ includes the government of any political 

16 subdivision of the Russian Federation and any agen17 cy or instrumentality of the Government of the Rus18 sian Federation. 

19 (7) PERSON.—The term ‘‘person’’ means— 

20 (A) a natural person, corporation, com21 pany, business association, partnership, society, 

22 trust, or any other nongovernmental entity, or23 ganization, or group; 

24 (B) a governmental entity or instrumen25 tality of a government, including a multilateral 


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1 development institution (as defined in section 

2 1701(c)(3) of the International Financial Insti3 tutions Act (22 U.S.C. 262r(c)(3))); and 

4 (C) a successor, subunit, parent entity, or 

5 subsidiary of, or an entity under common own6 ership or control with, an entity described in 

7 subparagraph (A) or (B). 

Æ 


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