[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5663-S5664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6111. Ms. ERNST (for herself, Mr. Rubio, Ms. Hassan, and Mr. 
Peters) 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 E of title VIII, add the following:

     SEC. 875. GOVERNMENTWIDE PROCUREMENT POLICY AND GUIDANCE TO 
                   MITIGATE ORGANIZATIONAL CONFLICTS OF INTEREST 
                   RELATING TO NATIONAL SECURITY AND FOREIGN 
                   POLICY.

       (a) 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.
       (b) 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

[[Page S5664]]

     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 (b)(1).
       (B) Contracts for consulting services relating to any 
     crimes against humanity as determined by the Secretary of 
     State.
       (c) 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.
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