S.Amdt. 6055

SA 6055. Mr. CRUZ submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 B of title III, add the following:

SEC. 322. ASSURANCE OF INTEGRITY OF OVERSEAS FUEL SUPPLIES.

(a) In General.--Before awarding a contract to an offeror for the supply of fuel to any location outside the United States in which the United States is engaged in contingency operations, the Secretary of Defense shall--

(1) ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified on the basis of an unsupported denial of access to a facility or equipment by the government of the host country; and

(2) ensure that the offeror complies with the requirements of subsection (b)

(b) Requirement.--An offeror offering to supply fuel to any location of the Department of Defense outside the United States shall--

(1) certify to the Secretary of Defense that it has not been suspended or debarred from receiving Federal Government contracts;

(2) certify to the Secretary that the provided fuel, in whole or in part, or its derivatives, is not sourced from a country or region prohibited from selling petroleum to the United States, such as Iran or Venezuela;

(3) furnish to the Secretary such records as are necessary to verify compliance with such anti-corruption statutes and regulations as the Secretary determines necessary, including--

(A) the Foreign Corrupt Practices Act of 1977 (Public Law 95-213);

(B) the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(C) the Export Administration Regulations, as defined in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801); and

(D) such regulations as may be prescribed by the Office of Foreign Assets Control of the Department of the Treasury;

(4) disclose to the Secretary any relevant communications between the offeror and relevant individuals, organizations, or governments that directly or indirectly control physical access to the location at which the contract is to be performed; and

(5) disclose to the Secretary any employees of, or consultants to, the offeror that worked for the Department of Defense in any contracting or policymaking position during the 10-year period before the offer.

(c) Provision of Fuel as a Logistics Service.--Section 880(c)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232, 41 U.S.C. 3701 note) is amended by inserting “, including bulk fuel supply and delivery,” after “logistics services”.

(d) Report Required.--Not later than 180 days after the award of a contract exceeding $50,000,000 in value for the supply of fuel to any location outside the United States 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 including--

(1) an assessment of the price per gallon for fuel under the contract along with an assessment of the price per gallon for fuel paid by other organizations in the same country or region of the country; and

(2) an assessment of the ability of the contractor to comply with sanctions with respect to Iran and monitor for violations of those sanctions.