S.Amdt. 3736

The Time to Choose Act of 2025 is an amendment proposed by Mr. Hawley to be added to bill S. 2296. Its purpose is to stop conflicts of interest where consulting firms provide services to both the United States Government and "covered foreign entities" at the same time.

The amendment aims to add the following to the bill:

• Contracting Prohibitions: It requires the Federal Acquisition Regulatory Council to change regulations so that any entity offering consulting services to an executive agency must certify that it, its subsidiaries, or its affiliates do not have consulting contracts with covered foreign entities. Federal contracts for consulting services cannot be awarded to firms that provide services to these foreign entities.

• Waiver Process: An agency head can grant a case-by-case waiver if it is in the national security interest of the United States and no other non-conflicting entity can do the work. These waivers last up to 365 days, can be extended once for 180 days, and require various notifications to the Director of the Office of Management and Budget and congressional committees.

• Reporting and Penalties: Firms with waivers must report any identified human rights violations, religious liberty violations, or risks to U.S. economic or national security. Firms that knowingly provide false certifications face contract termination and potential suspension or debarment. Additionally, they may be subject to penalties under the False Claims Act, including liability for three times the damages sustained by the government.

• Definitions: "Covered foreign entities" include the governments or security agencies of China and Russia, entities sanctioned under specific executive orders, governments that support international terrorism, and various entities listed by the Department of Commerce or the Secretary of Defense.