Time to Choose Act of 2025
Sponsored By: Representative Bresnahan
Introduced
Summary
Blocks federal contracts for consulting firms that also advise certain covered foreign entities. The bill would create new procurement rules that force consulting firms to certify foreign consulting ties, allow limited waivers, and add civil and criminal penalties for false disclosures.
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- Consulting firms that want to bid on federal advisory work, including firms in the consulting industry (NAICS 5416), would have to certify they do not provide consulting to covered foreign entities or face contract bans, suspension, debarment, and False Claims Act penalties including treble damages. Waivers may be granted for up to 365 days and can be extended once for up to 180 days.
- Federal agencies would need new Federal Acquisition Regulation rules within one year and would require contractors to report during performance on human rights and national security risks. Agencies must use a strict waiver process with high‑level oversight and detailed disclosures to OMB and Congress.
- Congress and the public would get more transparency on foreign ties when waivers are used because agencies must publish lists of the covered foreign entities linked to waiver recipients unless disclosure harms national security.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 3 costs, 1 mixed.
Strong penalties for false contractor claims
If enacted, after the rules are updated, an agency would have to end a consulting contract if it finds the firm knowingly filed a false certification. The firm could also face suspension or debarment from future awards. Separately, a firm that knowingly hides or lies about contracts with covered foreign entities could face False Claims Act penalties, including up to three times the government’s losses.
Tighter rules for federal consulting firms
If enacted, within 1 year the government would change contracting rules. Any firm offering consulting services to a federal agency would need to certify it has no consulting contracts with covered foreign entities. If a firm admits such ties, it could not receive a federal consulting contract. Consulting services would mean advisory or assistance work like in standard federal rules, but not legal, audit, tax, compliance, or court dispute work. Covered foreign entities would include parts of the Chinese and Russian governments, entities on key Commerce and Treasury lists, certain Defense-identified firms, and governments named for supporting terrorism.
Waivers for conflicted contractors, tight limits
If enacted, an agency head could grant a case‑by‑case waiver so a conflicted contractor can work if it serves U.S. national security and no other firm can do the job. The agency would need to consult Defense and Intelligence, tell OMB at least 5 days before, and notify Congress within 30 days and offer a briefing. The agency would post the covered foreign entities linked to the waiver on its website unless public posting would harm national security and is approved. A waiver could last up to 365 days, with one extension up to 180 days. Only one waiver per contractor could be active across all agencies at a time. Notices would include detailed contractor, foreign-entity, and project information and a management plan approved at not less than the Deputy Secretary level. Contractors working under a waiver would have to report any human rights or religious liberty violations they learn of, and any risks to U.S. economic or national security found during the work.
No new money to implement
If enacted, the bill would not authorize extra funds to carry it out. Agencies would need to use existing budgets or seek separate appropriations.
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Sponsors & CoSponsors
Sponsor
Bresnahan
PA • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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