S.Amdt. 4048

SA 4048. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to
the bill H.R. 4350, to authorize appropriations for fiscal year 2022
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 appropriate place in title XII, insert the
following:

SEC. 12__. ENSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.

(a) In General.--Before awarding a contract to an entity
for the supply of fuel to any overseas location in which the
United States is engaged in contingency operations, the
Secretary of Defense shall ensure that--
(1) to the extent practicable, any supplier of fuel that
would otherwise be responsible for providing such a supply of
fuel has not been disqualified from supplying fuel on the
basis of an unsupported denial of access to a facility or
equipment by the host country government; and
(2) the entity complies with subsection (b).
(b) Requirement.--An entity offering to supply fuel to any
overseas location of the Department of Defense shall--
(1) certify that--
(A) it has not been suspended or debarred from receiving
Federal Government contracts; and
(B) the fuel to be provided, in whole or in part, or any
derivative of such fuel, is not sourced from a country or
region prohibited from selling petroleum to the United
States, such as Iran or Venezuela;
(2) provide such records as are necessary to verify
compliance with such anticorruption statutes and regulations
as the Secretary considers necessary, including, without
limitation--
(A) the Foreign Corrupt Practices Act of 1977 (15 U.S.C.
78dd-1 et seq.);
(B) the International Traffic in Arms Regulations contained
in subchapter M of chapter I of title 22, Code of Federal
Regulations (or successor regulations);
(C) the Export Administration Regulations contained in
subchapter C of chapter VII of title 15, Code of Federal
Regulations (or successor regulations); and
(D) such regulations as may be promulgated by the Office of
Foreign Assets Control; and
(3) disclose--
(A) any relevant communications between the entity and
relevant individuals, organizations, or governments that
directly or indirectly control physical access to the
location of the contract performance; and
(B) any employees or consultants of the entity that worked
for the Department of Defense in any contracting or
policymaking position during the 10-year period immediately
preceding the award.
(c) Provision of Fuel as a Logistics Service.--Subsection
(c)(3) of section 880 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (41 U.S.C. 3701 note)
is amended by inserting ``, including bulk fuel supply and
delivery,'' after ``logistics services,''.
(d) Report.--Not later than 180 days after the date on
which a contract exceeding $50,000,000 is awarded for the
supply of fuel to any overseas location in which the United
States is engaged in contingency operations, the Inspector
General of the Department of Defense shall submit to the
congressional defense committees a report that includes--
(1) an assessment of the price per gallon for fuel under
the contract, together with an assessment of the price per
gallon for fuel paid by other organizations in the same
country or region of such country; and
(2) an assessment of the ability of the contracted entity
to comply with sanctions on Iran and monitor for violations
of such sanctions.
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