Federal Contracting for Peace and Security Act

Federal Contracting for Peace and Security Act

This bill requires executive agencies to terminate their contracts with companies conducting business operations in Russia. This requirement ends when Russia takes steps to restore the safety, sovereignty, and condition of Ukraine.

The bill shall not apply to the procurement of products or services for (1) the benefit, either directly or through the efforts of regional allies, of Ukraine; or (2) humanitarian purposes to meet basic human needs.

The bill provides for a waiver where in the national interest of the United States.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7185 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7185

To prohibit Federal procurement from companies operating in the Russian 
                  Federation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 2022

  Mrs. Carolyn B. Maloney of New York introduced the following bill; 
      which was referred to the Committee on Oversight and Reform

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Contracting for Peace and 
Security Act''.

SEC. 2. PURPOSE.

     It is the policy of the Federal Government not to conduct business 
with companies that undermine United States national security interests 
and international law by continuing to operate in the Russian 
Federation during its ongoing war of aggression against Ukraine and the 
peaceful citizens of Ukraine and the resulting global humanitarian and 
refugee crisis.

SEC. 3. PROHIBITION ON PROCUREMENT.

    (a) Prohibition.--The head of an executive agency may not enter 
into, continue, extend, or renew a covered contract to procure any 
product or service from a company conducting business operations in 
territory internationally recognized as the Russian Federation during 
the covered period of aggression.
    (b) Existing Covered Contracts.--The head of an executive agency 
shall terminate any covered contract and initiate termination 
proceedings on or before the day that is 30 days after the date of the 
enactment of this Act.
    (c) Exemption.--The prohibition under subsection (a) and the 
requirement under subsection (b) shall not apply to the procurement of 
products or services for--
            (1) the benefit, either directly or through the efforts of 
        regional allies, of the country of Ukraine; or
            (2) humanitarian purposes to meet basic human needs.
    (d) National Interest Waiver.--
            (1) In general.--The head of an executive agency is 
        authorized to waive the prohibition under subsection (a) and 
        the requirement under subsection (b) with respect to a covered 
        contract if the head of the agency certifies in writing to the 
        President that such waiver is in the national interest of the 
        United States, and includes in such certification a 
        justification for the waiver and description of the product or 
        service to which the waiver applies. The authority in this 
        paragraph may not be delegated.
            (2) Congressional notification.--The head of an executive 
        agency shall, not later than 7 days before issuing a waiver 
        described in paragraph (1), submit to the appropriate 
        congressional committees the certification described in such 
        paragraph.
    (e) Definitions.--In this section:
            (1) 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.
            (2) Business operations.--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.
            (3) Covered contract.--The term ``covered contract'' means 
        a prime contract or a prime contract that includes a 
        subcontract at any tier to procure any product or service from 
        a company (including any parent, subsidiary, successor entity, 
        or beneficial owner of such company) conducting business 
        operations in territory internationally recognized as the 
        Russian Federation during the covered period of aggression.
            (4) Covered period of aggression.--The term ``covered 
        period of aggression'' means the period of time beginning 
        February 21, 2022, and ending on a date that is determined 
        jointly by the Secretary of State and the Secretary of the 
        Treasury based on steps taken by the Russian Federation to 
        restore the safety, sovereignty, and condition of the country 
        of Ukraine.
            (5) Executive agency.--The term ``executive agency'' has 
        the meaning given the term in section 133 of title 41, United 
        States Code.
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