Preventing Organizational Conflicts of Interest in Federal Acquisition Act
Public Law 117-324 · S. 3905 · 117th Congress · began in the Senate
Signed by Joe Biden (D) on Dec 27, 2022 · Government Operations and Politics
Sponsor: Sen. Gary Peters (D-MI)
Cosponsors (3): Sen. Chuck Grassley, Sen. Maggie Hassan,
Passage votesYeaNay
- HouseRecorded vote: 219 yea, 205 nay219–205
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
This act addresses conflicts of interest in federal acquisitions.
Specifically, the act directs the Federal Acquisition Regulatory Council to revise the Federal Acquisition Regulation (FAR) to provide and update
• definitions related to specific types of organizational conflicts of interest;
• definitions, guidance, and illustrative examples related to relationships of contractors with public, private, domestic, and foreign entities that may cause contract support to be subject to potential organizational conflicts; and
• illustrative examples of situations related to the potential organizational conflicts identified.
Further, the council must revise the FAR to
• provide executive agencies with solicitation provisions and contract clauses to avoid or mitigate organizational conflicts, for agency use as needed, that require contractors to disclose information relevant to potential organizational conflicts and limit future contracting with respect to potential conflicts with the work to be performed under awarded contracts;
• allow agencies to tailor such solicitation provisions and contract clauses as necessary to address risks associated with conflicts of interest and other considerations that may be unique to the agency;
• require agencies to establish or update agency conflict of interest procedures to implement the revisions to the FAR made under this act and periodically assess and update such procedures as needed to address agency-specific conflict issues; and
• update FAR procedures to permit contracting officers to take into consideration professional standards and procedures to prevent organizational conflicts of interest to which an offeror or contractor is subject.
Who voted for it
Every House member of the 117th Congress on the ideology compass. Highlighted: the 219 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.
219 yea205 nay6 present or did not vote
Democrats who voted yea(216)
Rep. Jamaal BowmanD-NY-16
Rep. Maxine WatersD-CA-43
Rep. Sean CastenD-IL-6
Rep. Sheila Cherfilus-McCormickD-FL-20
Rep. Mary PeltolaD-AK
Rep. Adam SmithD-WA-9
Rep. Donald PayneD-NJ-10
Rep. Marie NewmanD-IL-3
Rep. Frederica WilsonD-FL-24
Rep. Joyce BeattyD-OH-3
Rep. Judy ChuD-CA-27
Rep. Dwight EvansD-PA-3
Rep. Bobby RushD-IL-1
Rep. Mark DeSaulnierD-CA-11
Rep. Ritchie TorresD-NY-15
Rep. Jim ClyburnD-SC-6
Rep. Adriano EspaillatD-NY-13
Rep. Veronica EscobarD-TX-16
Rep. Raúl GrijalvaD-AZ-3
Rep. Tony CárdenasD-CA-29
Rep. Jared HuffmanD-CA-2
Rep. Lois FrankelD-FL-21
Rep. Robin KellyD-IL-2
Rep. Bennie ThompsonD-MS-2
Rep. Anthony BrownD-MD-4
Rep. Brenda LawrenceD-MI-14
Rep. Juan VargasD-CA-51
Rep. Barbara LeeD-CA-13
Rep. Kathy CastorD-FL-14
Rep. Danny DavisD-IL-7
Rep. Jim McGovernD-MA-2
Rep. Terri SewellD-AL-7
Rep. Hakeem JeffriesD-NY-8
Rep. Gregory MeeksD-NY-5
Rep. Bobby ScottD-VA-3
Rep. Eddie JohnsonD-TX-30
Rep. Jerrold NadlerD-NY-10
Rep. Ruben GallegoD-AZ-7
Rep. G.K. ButterfieldD-NC-1
Rep. Nanette BarragánD-CA-44
Rep. Yvette ClarkeD-NY-9
Rep. Raul RuizD-CA-36
Rep. Norma TorresD-CA-35
Rep. Suzan DelBeneD-WA-1
Rep. Brendan BoyleD-PA-2
Rep. Pramila JayapalD-WA-7
Rep. Nydia VelázquezD-NY-7
Rep. Alma AdamsD-NC-12
Rep. Mark TakanoD-CA-41
Rep. Grace MengD-NY-6
Rep. Katherine ClarkD-MA-5
Rep. Shontel BrownD-OH-11
Rep. Dean PhillipsD-MN-3
Rep. Andy KimD-NJ-3
Rep. Doris MatsuiD-CA-6
Rep. Grace NapolitanoD-CA-32
Rep. Adam SchiffD-CA-28
Rep. Lori TrahanD-MA-3
Rep. David PriceD-NC-4
Rep. Emanuel CleaverD-MO-5
Rep. Steny HoyerD-MD-5
Rep. Lauren UnderwoodD-IL-14
Rep. Melanie StansburyD-NM-1
Rep. Donald NorcrossD-NJ-1
Rep. Linda SánchezD-CA-38
Rep. Paul TonkoD-NY-20
Rep. Brian HigginsD-NY-26
Rep. Chuy GarcíaD-IL-4
Rep. Rick LarsenD-WA-2
Rep. Joaquin CastroD-TX-20
Rep. Ted LieuD-CA-33
Rep. Jerry McNerneyD-CA-9
Rep. Kweisi MfumeD-MD-7
Rep. Andy LevinD-MI-9
Rep. David ScottD-GA-13
Rep. Hank JohnsonD-GA-4
Rep. Lucille Roybal-AllardD-CA-40
Rep. Bonnie Watson ColemanD-NJ-12
Rep. Ann KirkpatrickD-AZ-2
Rep. Brad ShermanD-CA-30
Rep. Dina TitusD-NV-1
Rep. Carolyn MaloneyD-NY-12
Rep. Brad SchneiderD-IL-10
Rep. John SarbanesD-MD-3
Rep. Mike LevinD-CA-49
Rep. Mondaire JonesD-NY-17
Rep. Joseph MorelleD-NY-25
Rep. Richard NealD-MA-1
Rep. Suzanne BonamiciD-OR-1
Rep. Alan LowenthalD-CA-47
Rep. Bill PascrellD-NJ-9
Rep. Donald BeyerD-VA-8
Rep. Deborah RossD-NC-2
Rep. Mark PocanD-WI-2
Rep. Pete AguilarD-CA-31
Rep. Sanford BishopD-GA-2
Rep. Elaine LuriaD-VA-2
Rep. Colin AllredD-TX-32
Rep. Marilyn StricklandD-WA-10
Rep. Jimmy GomezD-CA-34
Rep. Julia BrownleyD-CA-26
Rep. Sheila Jackson LeeD-TX-18
Rep. Madeleine DeanD-PA-4
Rep. Nikema WilliamsD-GA-5
Rep. Teresa Leger FernandezD-NM-3
Rep. Al GreenD-TX-9
Rep. Jackie SpeierD-CA-14
Rep. Ayanna PressleyD-MA-7
Rep. Chellie PingreeD-ME-1
Rep. Michael DoyleD-PA-18
Rep. Steven HorsfordD-NV-4
Rep. Troy CarterD-LA-2
Rep. Mary ScanlonD-PA-5
Rep. Jamie RaskinD-MD-8
Rep. Lisa Blunt RochesterD-DE
Rep. Jahana HayesD-CT-5
Rep. Mike QuigleyD-IL-5
Rep. Debbie DingellD-MI-12
Rep. Diana DeGetteD-CO-1
Rep. Earl BlumenauerD-OR-3
Rep. Josh HarderD-CA-10
Rep. Haley StevensD-MI-11
Rep. Patrick RyanD-NY-19
Rep. Anna EshooD-CA-18
Rep. Debbie Wasserman SchultzD-FL-23
Rep. Frank PalloneD-NJ-6
Rep. Jim CooperD-TN-5
Rep. Lucy McBathD-GA-6
Rep. Albio SiresD-NJ-8
Rep. Tim RyanD-OH-13
Rep. Ann KusterD-NH-2
Rep. Betty McCollumD-MN-4
Rep. Bill FosterD-IL-11
Rep. Kaialiʻi KaheleD-HI-2
Rep. Jim LangevinD-RI-2
Rep. Ami BeraD-CA-7
Rep. Jan SchakowskyD-IL-9
Rep. Ed PerlmutterD-CO-7
Rep. John YarmuthD-KY-3
Rep. André CarsonD-IN-7
Rep. Al LawsonD-FL-5
Rep. Elissa SlotkinD-MI-8
Rep. Jason CrowD-CO-6
Rep. William KeatingD-MA-9
Rep. Ro KhannaD-CA-17
Rep. Luis CorreaD-CA-46
Rep. Sara JacobsD-CA-53
Rep. Lloyd DoggettD-TX-35
Rep. Jake AuchinclossD-MA-4
Rep. Raja KrishnamoorthiD-IL-8
Rep. David TroneD-MD-6
Rep. Tom MalinowskiD-NJ-7
Rep. John GaramendiD-CA-3
Rep. A. Dutch RuppersbergerD-MD-2
Rep. Thomas SuozziD-NY-3
Rep. Joe NeguseD-CO-2
Rep. David CicillineD-RI-1
Rep. Gerald ConnollyD-VA-11
Rep. Marc VeaseyD-TX-33
Rep. Marcy KapturD-OH-9
Rep. Derek KilmerD-WA-6
Rep. Ilhan OmarD-MN-5
Rep. Carolyn BourdeauxD-GA-7
Rep. Steve CohenD-TN-9
Rep. Gwen MooreD-WI-4
Rep. Peter WelchD-VT
Rep. Frank MrvanD-IN-1
Rep. Alexandria Ocasio-CortezD-NY-14
Rep. Tom O’HalleranD-AZ-1
Rep. Darren SotoD-FL-9
Rep. Kim SchrierD-WA-8
Rep. Mike ThompsonD-CA-5
Rep. Salud CarbajalD-CA-24
Rep. Cynthia AxneD-IA-3
Rep. Stephen LynchD-MA-8
Rep. Vicente GonzalezD-TX-15
Rep. Henry CuellarD-TX-28
Rep. Eric SwalwellD-CA-15
Rep. Chrissy HoulahanD-PA-6
Rep. Mikie SherrillD-NJ-11
Rep. John LarsonD-CT-1
Rep. Katie PorterD-CA-45
Rep. Sharice DavidsD-KS-3
Rep. Joe CourtneyD-CT-2
Rep. Zoe LofgrenD-CA-19
Rep. Kathy ManningD-NC-6
Rep. Angie CraigD-MN-2
Rep. Peter DeFazioD-OR-4
Rep. Rashida TlaibD-MI-13
Rep. Daniel KildeeD-MI-5
Rep. Greg StantonD-AZ-9
Rep. Cheri BustosD-IL-17
Rep. Sean MaloneyD-NY-18
Rep. Chris PappasD-NH-1
Rep. Scott PetersD-CA-52
Rep. Rosa DeLauroD-CT-3
Rep. Susie LeeD-NV-3
Rep. Jennifer WextonD-VA-10
Rep. Jimmy PanettaD-CA-20
Rep. Cori BushD-MO-1
Rep. Jim CostaD-CA-16
Rep. Matt CartwrightD-PA-8
Rep. Val DemingsD-FL-10
Rep. Lizzie FletcherD-TX-7
Rep. Conor LambD-PA-17
Rep. Seth MoultonD-MA-6
Rep. Kathleen RiceD-NY-4
Rep. Josh GottheimerD-NJ-5
Rep. Susan WildD-PA-7
Rep. Jim HimesD-CT-4
Rep. Abigail SpanbergerD-VA-7
Rep. Ed CaseD-HI-1
Rep. Stephanie MurphyD-FL-7
Rep. Ron KindD-WI-3
Rep. Kurt SchraderD-OR-5
Rep. Jared GoldenD-ME-2
Republicans who voted yea(3)
Rep. Brian FitzpatrickR-PA-1
Rep. John KatkoR-NY-24
Rep. Maria SalazarR-FL-27
Data notes
The House’s recorded vote on the final version of the law (roll call 971 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.
Committees
The committees the bill was sent to, and what each did with it.
Homeland Security and Governmental Affairs Committee · Senate · discharged from, markup by, referred to
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
2 bills the Library of Congress relates to this one.
H.R. 7602Identical bill
Preventing Organizational Conflicts of Interest in Federal Acquisition Act
H.Res. 1518Procedurally-relatedRelated bill
Providing for consideration of the bill (H.R. 1948) to amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration; providing for co…
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 21 actions.
- Dec 27, 2022Became lawBecame law · Became Public Law No: 117-324.
- Became lawBecame law · Signed by President.
- Dec 23, 2022FloorFloor · Presented to President.
- Dec 14, 2022FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On passage Passed by the Yeas and Nays: 219 - 205 (Roll no. 524).House roll call 524
- FloorFloor · Considered as unfinished business.
- FloorFloor · POSTPONED PROCEEDINGS - At the conclusion of debate on S. 3905, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Keller demanded the yeas and nays and the Chair postponed further proceedings until a time to be announ…
- FloorFloor · The previous question was ordered pursuant to the rule.
- FloorFloor · DEBATE - The House proceeded with one hour of debate on S. 3905.
- FloorFloor · Rule provides for consideration of H.R. 1948, S. 3905 and S. 4003. Rule provides for one hour of general debate each for H.R. 1948, S. 3905, S. 4003. Rule provides for one hour of general debate on the Senate amendment to H.R. 1437. Rule provides that H. Res. 1516 and H. Con. Re…
- FloorFloor · Considered under the provisions of rule H. Res. 1518.
- FloorFloor · Rules Committee Resolution H. Res. 1518 Reported to House. Rule provides for consideration of H.R. 1948, S. 3905 and S. 4003. Rule provides for one hour of general debate each for H.R. 1948, S. 3905, S. 4003. Rule provides for one hour of general debate on the Senate amendment t…
- Aug 2, 2022FloorFloor · Held at the desk.
- FloorFloor · Received in the House.
- FloorFloor · Message on Senate action sent to the House.
- Aug 1, 2022FloorFloor · Passed Senate with an amendment by Unanimous Consent.
- FloorFloor · Measure laid before Senate by unanimous consent.
- CommitteeCommittee · Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
- May 25, 2022CommitteeCommittee · Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Mar 23, 2022CommitteeCommittee · Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- IntroducedIntroduced · Introduced in Senate
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
1 amendment offered to the bill, with the last recorded step of each.
- Agreed to
S.Amdt. 5187SenateSen. Gary PetersD-MI· offered Aug 1, 2022Agreed to
In the nature of a substitute.
Aug 1, 2022: Amendment SA 5187 agreed to in Senate by Unanimous Consent.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.