Ending Double Dealing Act of 2026
- Bill Number
- S. 4685
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2026-06-04: Read twice and referred to the Committee on Armed Services.
- Last Updated
- 2026-06-17T20:05:50Z
AI-Generated Summary
Purpose This legislation prohibits the Department of Defense from entering into contracts or other financial arrangements with consulting firms that also provide services to specified foreign adversaries or related entities. It aims to reduce organizational conflicts of interest in national security matters.
Key Provisions
- Findings: Congress notes that DoD reliance on consultants for mission support can create conflicts when those firms also work with foreign adversaries on matters opposing U.S. interests.
- Prohibition: The Secretary of Defense may not enter into, renew, extend, or award contracts, grants, or other transactional agreements to a "covered consultancy" after the Act's enactment.
- Disclosure Requirements: Bidders must reveal any contracts, grants, or financial ties with covered entities in the prior five years, as well as ongoing relationships at the time of bidding.
- Penalties: Failure to disclose results in contract termination for cause and suspension/debarment proceedings, with a maximum debarment of five years.
- Certification Process: A company deemed a covered consultancy may submit a signed certification to the Secretary stating it has ended ties with covered entities and will not pursue new ones while working with DoD; approval removes the prohibition until the certification expires.
- Implementation: The Secretary must issue policies within 180 days and update the Defense Federal Acquisition Regulation Supplement within one year.
- Definitions:
- Consulting services refers to advisory and assistance services, excluding certain categories, applied to clients rather than solely the federal government.
- Covered consultancy includes firms that failed to disclose ties to covered entities, submitted false information, or did not disclose conflicts.
- Covered entities encompass the governments of China, Russia, North Korea, Iran, Cuba, and Venezuela (under the Maduro regime), plus specific lists of sanctioned or restricted companies and entities in national security industries.
Significant Changes to Existing Law The Act introduces a new statutory prohibition on DoD contracting with firms having ties to designated foreign adversaries, along with mandatory disclosure and certification mechanisms. It also requires updates to acquisition regulations and sets specific penalties, including debarment limits, which expand beyond general existing conflict-of-interest rules.
Potential Impacts
- Government Agencies: Requires the Department of Defense to revise contracting processes, issue new guidance, and enforce disclosures, potentially increasing administrative workload.
- Citizens and Businesses: Consulting firms may face restrictions on dual business relationships, leading some to choose between U.S. government work and foreign clients.
- International Relations: Limits U.S. firms' engagements with entities in China, Russia, and other listed countries, which could affect global business ties in sectors like technology and defense.
Main Stakeholders Affected
- The Department of Defense and its contracting officers.
- U.S. consulting firms and their subsidiaries or affiliates.
- Foreign governments and entities listed as covered (primarily China, Russia, and sanctioned nations).
- Companies in national security-related industries such as semiconductors, artificial intelligence, and critical minerals.
Notable Legal, Constitutional, or Political Implications The measure strengthens national security protections through contracting authority but relies on executive determinations (such as sanctions lists and terrorism designations) for defining covered entities. It does not alter constitutional contracting powers but adds specific disclosure mandates enforceable via debarment.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-06-04: Read twice and referred to the Committee on Armed Services.
- 2026-06-04: Introduced in Senate
Bill Versions
- Ending Double Dealing Act of 2026 — issued 2026-06-04 — PDF (12 pages)