I 

118TH CONGRESS 

1ST SESSION H. R. 6146 

To prohibit certain contractors who have previously consulted for certain 

foreign entities or who fail to make disclosures relating to conflicts 

of interest that relate to national security or foreign policy from receiving 

contracts from the Department of State, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 1, 2023 

Mr. GREEN of Tennessee introduced the following bill; which was referred to 

the Committee on Foreign Affairs 

A BILL 

To prohibit certain contractors who have previously consulted 

for certain foreign entities or who fail to make disclosures relating to conflicts of interest that relate to national security or foreign policy from receiving contracts 

from the Department of State, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No CCP Consultants 

5 Act’’. 


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1 SEC. 2. ORGANIZATIONAL CONFLICT OF INTERESTS RELAT2 ING TO NATIONAL SECURITY AND FOREIGN 

3 POLICY. 

4 (a) PROHIBITION RELATED CERTAIN CONTRACTS OR

5 GRANTS.— 

6 (1) IN GENERAL.—The Secretary may not, 

7 after the date of the enactment of this Act, enter 

8 into, renew, or extend a contract with, or award a 

9 grant to, a covered consultancy. 

10 (2) DISCLOSURE.—Any individual or entity that 

11 submits an offer or bid for a contract to provide con12 sulting services to the Department of State shall dis13 close in such offer or bid any information relevant 

14 to the individual or entity with respect to the prohi15 bition under paragraph (1), including— 

16 (A) whether the individual or entity has 

17 entered into a contract with, or received grants 

18 or other financial awards from a covered entity 

19 in the five years prior to submitting the offer 

20 or bid; and 

21 (B) at the time the contract to provide 

22 consulting services to the Department will be 

23 entered into, whether— 

24 (i) any contract entered into by the 

25 individual or entity with a covered entity 

26 will still be in effect; and 


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1 (ii) the individual or entity will be re2 ceiving funds from, or have any unobli3 gated or unexpended funds received under, 

4 any grant or other financial award from a 

5 covered entity. 

6 (3) PENALTIES.— 

7 (A) IN GENERAL.—If the Secretary deter8 mines that a contractor of the Department 

9 failed to make the disclosure required by para10 graph (2), the Secretary shall— 

11 (i) terminate the applicable contract 

12 for cause; and 

13 (ii) initiate a suspension and debar14 ment proceeding with respect to the con15 tractor. 

16 (B) MAXIMUM LENGTH OF DEBARMENT.— 

17 The maximum length of debarment of a con18 tractor under this paragraph shall be a period 

19 of 5 years. 

20 (b) CERTIFICATION.— 

21 (1) IN GENERAL.—After a determination by the 

22 Secretary that a company is a covered consultancy, 

23 such company may submit to the Secretary a written 

24 and signed certification that— 

25 (A) the consultancy is no longer— 


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1 (i) performing under a contract with a 

2 covered entity; 

3 (ii) carrying out activities under a 

4 grant received from a covered entity; or 

5 (iii) receiving funds, or have any un6 obligated or unexpended funds received 

7 from a covered entity; and 

8 (B) will not receive or pursue a contract 

9 with a covered entity or a grant or other finan10 cial award from a covered entity— 

11 (i) during the term of a contract with 

12 the Department of State; or 

13 (ii) while receiving funds from the De14 partment of State or obligating or expend15 ing any such funds. 

16 (2) STATUS CHANGE.—Upon the approval by 

17 the Secretary of a certification submitted under 

18 paragraph (1), a company is deemed to not be a cov19 ered consultancy until the expiration of the certifi20 cation under paragraph (3). 

21 (3) EXPIRATION.—A certification submitted by 

22 a company under paragraph (1) shall expire on the 

23 earlier date on which the company, after submitting 

24 such certification enters into, extends, renews, or 


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1 performs under a contract with a covered entity for 

2 consulting services. 

3 (c) GUIDANCE.—The Secretary, in consultation with 

4 the Secretary of Commerce, the Secretary of Homeland 

5 Security, the Secretary of the Treasury, the Director of 

6 National Intelligence, the Attorney General, the Secretary 

7 of Defense, and the heads of such other Executive agen8 cies (as such term is defined in section 105 of title 5, 

9 United States Code) as determined appropriate by the 

10 Secretary, shall issue procurement policies for the Depart11 ment of State as follows: 

12 (1) Policies to implement the prohibition under 

13 subsection (a)(1). 

14 (2) Best practices to avoid becoming covered 

15 consultancies under this section and for covered 

16 consultancies to end their status as such. 

17 (3) A policy containing the exact provisions and 

18 terms relating to the requirements of paragraphs (2) 

19 and (3) of subsection (a) to be included in solicita20 tions, contracts, and grants of the Department. 

21 (d) REVISION OF DEPARTMENT OF STATE ACQUISI22 TION REGULATION.—Not later than one year after the 

23 date of the enactment of this Act, the Secretary shall re24 vise the acquisition regulations of the Department of State 

25 to implement this section. 


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1 (e) DEFINITIONS.—In this section: 

2 (1) CONSULTING SERVICES.—The term ‘‘con3 sulting services’’ has the meaning given the term 

4 ‘‘advisory and assistance services’’ in section 2.101 

5 of the Federal Acquisition Regulation, except that— 

6 (A) the term does not include the services 

7 described in paragraph (3) of such section; and 

8 (B) each instance of the term ‘‘Federal’’ is 

9 replaced with ‘‘client’’. 

10 (2) COVERED CONSULTANCY.—The term ‘‘cov11 ered consultancy’’ means a company that, itself or 

12 any subsidiary or affiliate thereof, in immediately 

13 preceding one year period entered into, extended, re14 newed, or performed under a contract with a covered 

15 entity for consulting services. 

16 (3) COVERED ENTITY.—The term ‘‘covered en17 tity’’ means any of the following: 

18 (A) The Government of the People’s Re19 public of China. 

20 (B) The Chinese Communist Party. 

21 (C) The People’s Liberation Army, the 

22 Ministry of State Security, or other security 

23 service or intelligence agency of the People’s 

24 Republic of China. 


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1 (D) Any entity on the Non–SDN Chinese 

2 Military-Industrial Complex Companies List 

3 (NS–CMIC–List) maintained by the Office of 

4 Foreign Assets Control of the Department of 

5 the Treasury under Executive Order 14032 (86 

6 Fed. Reg. 30145; relating to addressing the 

7 threat from securities investments that finance 

8 certain companies of the People’s Republic of 

9 China), or any successor order. 

10 (E) Any Chinese military company identi11 fied by the Secretary of Defense pursuant to 

12 section 1237(b) of the Strom Thurmond Na13 tional Defense Authorization Act for Fiscal 

14 Year 1999 (Public Law 105–261; 50 U.S.C. 

15 1701 note). 

16 (F) Any Chinese state-owned entity or 

17 other entity under the ownership, or control, di18 rectly or indirectly, of the Government of the 

19 People’s Republic of China or the Chinese Com20 munist Party that is engaged in one or more 

21 national security industries. 

22 (G) The Government of the Russian Fed23 eration, any Russian State-owned entity, or any 

24 entity sanctioned by the Secretary of the Treas25 ury under Executive Order 13662 titled ‘‘BlockVerDate Sep 11 2014 06:23 Nov 10, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6146.IH H6146

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1 ing Property of Additional Persons Contrib2 uting to the Situation in Ukraine’’(79 Fed. 5 

3 Reg. 16169). 

4 (H) The government or any State-owned 

5 entity of any country if the Secretary of State 

6 determines that such government has repeat7 edly provided support for acts of international 

8 terrorism pursuant to— 

9 (i) section 1754(c)(1)(A) of the Ex10 port Control Reform Act of 2018 (50 

11 U.S.C. 4318(c)(1)(A)); 

12 (ii) section 620A of the Foreign As13 sistance Act of 1961 (22 U.S.C. 2371); 

14 (iii) section 40 of the Arms Export 

15 Control Act (22 U.S.C. 2780); or 

16 (iv) any other provision of law. 

17 (I) Any entity included on any of the fol18 lowing lists maintained by the Department of 

19 Commerce— 

20 (i) the Entity List set forth in Supple21 ment No. 4 to part 744 of the Export Ad22 ministration Regulations; 

23 (ii) the Denied Persons List as de24 scribed in section 764.3(a)(2) of the Ex25 port Administration Regulations; and 


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1 (iii) the Unverified List set forth in 

2 Supplement No. 6 to part 744 of the Ex3 port Administration Regulations. 

4 (J) The Military End User List set forth 

5 in Supplement No. 7 to part 744 of the Export 

6 Administration Regulations. 

7 (4) EXPORT ADMINISTRATION REGULATIONS.— 

8 The term ‘‘Export Administration Regulations’’ 

9 means the regulations set forth in subchapter C of 

10 chapter VII of title 15, Code of Federal Regulations. 

11 (5) NATIONAL SECURITY INDUSTRY.—The term 

12 ‘‘national security industry’’ means— 

13 (A) a military-related industry; 

14 (B) semiconductor production; 

15 (C) researching or commercializing quan16 tum computing; 

17 (D) producing products or services that 

18 use artificial intelligence; 

19 (E) the biotechnology industry; 

20 (F) the cybersecurity industry; or 

21 (G) the mining, processing, or refining of 

22 critical minerals (as such term is defined in sec23 tion 7002(a) of the Energy Act of 2020 (30 

24 U.S.C. 1606(a))) for use by a covered entity. 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of State. 

Æ 


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