S.Amdt. 4149

SA 4149. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title X, add the following:

SEC. 1039. RESTRICTIONS ON THE PROCUREMENT OF SERVICES OR
PROPERTY IN CONNECTION WITH MILITARY SPACE
LAUNCH FROM ENTITIES OWNED OR CONTROLLED BY
PERSONS SANCTIONED IN CONNECTION WITH RUSSIA'S
INVASION OF CRIMEA.

(a) In General.--On and after the date of the enactment of
this Act, the Secretary of Defense may not enter into or
renew a contract for the procurement of services or property
in connection with space launch activities associated with
the evolved expendable launch vehicle program unless the
Secretary, as a result of affirmative due diligence and in
consultation with the Secretary of the Treasury, conclusively
certifies in accordance with subsection (b), that--
(1) no funding provided under the contract will be used for
a purchase from, or a payment to, any entity owned or
controlled by a person included on the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury pursuant to Executive Order 13661 (79 Fed. Reg.
15535; relating to blocking property of additional persons
contributing to the situation in Ukraine) or any other
executive order or other provision of law imposing sanctions
with respect to the Russian Federation in connection with the
invasion of Crimea by the Russian Federation; and
(2) no individual who in any way supports the delivery of
services or property for such space launch activities poses a
counterintelligence risk to the United States or is subject
to the influence of any foreign military or intelligence
service.
(b) Submission of Certification.--Not later than 120 days
before entering into or renewing a contract described in
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees in writing the certification
described in that subsection and the reasons of the Secretary
for making the certification.
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