Combating Obstructive National Security Underreporting of Legitimate Threats (CONSULT) Act of 2022
Bill: S.4516 | Sponsor: Sen. Ernst, Joni (R-IA)
Policy area: Government Operations and Politics

Summary:
Combating Obstructive National Security Underreporting of Legitimate Threats (CONSULT) Act of 2022
This bill directs the Office of Federal Procurement Policy to develop governmentwide procurement policy and guidance to mitigate and eliminate organizational conflicts of interest relating to contracts involving national security or foreign policy.
Specifically, contracts with China and Russia, and for consulting services relating to crimes against humanity, are highlighted as being of particular concern.

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]

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