[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4516 Reported in Senate (RS)]
<DOC>
Calendar No. 575
117th CONGRESS
2d Session
S. 4516
[Report No. 117-219]
To require the Office of Federal Procurement Policy to develop
governmentwide procurement policy and guidance to mitigate
organizational conflict of interests relating to national security and
foreign policy, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2022
Ms. Ernst (for herself, Mr. Peters, Ms. Hassan, Mr. Scott of Florida,
Mr. Rubio, and Ms. Stabenow) introduced the following bill; which was
read twice and referred to the Committee on Homeland Security and
Governmental Affairs
December 5, 2022
Reported by Mr. Peters, without amendment
_______________________________________________________________________
A BILL
To require the Office of Federal Procurement Policy to develop
governmentwide procurement policy and guidance to mitigate
organizational conflict of interests relating to national security and
foreign policy, 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 ``Combating Obstructive National
Security Underreporting of Legitimate Threats (CONSULT) Act of 2022''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Federal Government's reliance on contractors for
mission support services can create potential organizational
conflicts of interest related to national security due to
competing interests as a result of business relationships with
foreign adversarial nations and entities.
(2) It is imperative that contractors providing mission
support services to the Federal Government related to the
national security are not providing mission support services
for foreign adversaries with regards to efforts that are
counter to the national security and foreign policy interests
of the United States, including for crimes against humanity
declared by the Secretary of State.
(3) Protecting against organizational conflicts of interest
related to foreign adversarial nations and entities in Federal
mission support services is essential to the national security
and economic security of the United States.
SEC. 3. GOVERNMENTWIDE PROCUREMENT POLICY AND GUIDANCE TO MITIGATE
ORGANIZATIONAL CONFLICTS OF INTEREST RELATING TO NATIONAL
SECURITY AND FOREIGN POLICY.
(a) Policy and Guidance.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Office of Federal Procurement
Policy, in coordination with the heads of relevant agencies,
including the Secretary of Defense, the Secretary of Commerce,
the Secretary of Homeland Security, the Secretary of the
Treasury, the Director of National Intelligence, the Attorney
General, and the Secretary of State, shall develop
governmentwide procurement policy and guidance to mitigate and
eliminate organizational conflict of interests relating to
contracts involving national security matters or foreign policy
interests.
(2) Elements.--The procurement policy and guidance
developed under paragraph (1) shall include the following
elements:
(A) Updating guidance relating to organizational
conflicts of interest with foreign entities and
governments that are contrary to the national security
or foreign policy interests of the United States.
(B) Providing a definition of ``consulting
contract'', considering the definitions of ``advisory
and assistance services'' and ``professional and
consultant services'' provided under sections 2.101 and
31.205-33, respectively, of the Federal Acquisition
Regulation.
(C) Providing executive agencies with solicitation
provisions and contract clauses that require offerors
and contractors for Federal consulting contracts--
(i) when submitting an offer, to disclose
any beneficial ownership, active contracts,
contracts held within the last five years, or
any other information relevant to potential
organizational conflicts of interest with
respect to contracts described in paragraph
(3); and
(ii) while performing the resulting
contract, to disclose information relevant to
potential organizational conflicts of interest
and to limit future work as necessary to
address potential conflicts with respect to
contracts described in paragraph (3).
(D) Providing that organizational conflicts of
interest found to be contrary to the national security
or foreign policy interests of the United States may be
grounds for denial of a contract, and failure to
disclose such a potential conflict may be grounds for
termination for cause, suspension, or debarment of a
contractor.
(3) Contracts described.--Contracts described in this
paragraph are the following:
(A) Contracts with any of the following entities:
(i) The Government of the People's Republic
of China.
(ii) The Chinese Communist Party.
(iii) Any Chinese state-owned entity.
(iv) The People's Liberation Army.
(v) Any entity on the Non-SDN Chinese
Military-Industrial Complex Companies List (NS-
CMIC-List) maintained by the Office of Foreign
Assets Control of the Department of the
Treasury.
(vi) Any Chinese military company
identified by the Secretary of Defense pursuant
to section 1237(b) of the Strom Thurmond
National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 50 U.S.C. 1701
note).
(vii) The Government of the Russian
Federation, any Russian state-owned entity, or
any entity sanctioned by the Secretary of the
Treasury under Executive Order 13662
(``Blocking Property of Additional Persons
Contributing to the Situation in Ukraine'').
(viii) The government or any state-owned
entity of any country determined by the
Secretary of State to be a state sponsor of
terrorism under section 1754(c) of the John S.
McCain National Defense Authorization Act for
Fiscal Year 2019 (50 U.S.C. 4813(c)), section
40 of the Arms Export Control Act (22 U.S.C.
2779A), or section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371).
(ix) Any entity included on any of the
following lists maintained by the Department of
Commerce:
(I) The Entity List set forth in
Supplement No. 4 to part 744 of the
Export Administration Regulations under
subchapter C of chapter VII of title
15, Code of Federal Regulations.
(II) The Denied Persons List as
described in section 764.3(a)(2) of the
Export Administration Regulations.
(III) The Unverified List set forth
in Supplement No. 6 to part 744 of the
Export Administration Regulations.
(IV) The Military End User List set
forth in Supplement No. 7 to part 744
of the Export Administration
Regulations.
(x) An entity determined to pose a risk to
the national security or foreign policy
interests of the United States, as determined
by the Office of Federal Procurement Policy in
coordination with the heads of relevant
agencies listed in subsection (a)(1).
(B) Contracts for consulting services relating to
any crimes against humanity as determined by the
Secretary of State.
(b) Revision of Federal Acquisition Regulation.--Not later than one
year after the date of the enactment of this Act, the Federal
Acquisition Regulatory Council shall revise the Federal Acquisition
Regulation to implement the requirements of this section.
Calendar No. 575
117th CONGRESS
2d Session
S. 4516
[Report No. 117-219]
_______________________________________________________________________
A BILL
To require the Office of Federal Procurement Policy to develop
governmentwide procurement policy and guidance to mitigate
organizational conflict of interests relating to national security and
foreign policy, and for other purposes.
_______________________________________________________________________
December 5, 2022
Reported without amendment