I 
117TH CONGRESS 
2D SESSION 
H. R. 8325 
To amend title 41, United States Code, to prevent personal conflicts of 
interest in Federal acquisition, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2022 
Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which 
was referred to the Committee on Oversight and Reform 
A BILL 
To amend title 41, United States Code, to prevent personal 
conflicts of interest in Federal acquisition, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Personal 
Conflicts of Interest in Federal Acquisition Act’’. 
SEC. 2. PREVENTING PERSONAL CONFLICTS OF INTEREST 
IN FEDERAL ACQUISITION. 
(a) FEDERAL
ACQUISITION
REGULATION
REVI-
SIONS.—Not later than 12 months after the date of the 
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enactment of this Act, the Federal Acquisition Regulatory 
Council shall— 
(1) expand the scope of rules to prevent per-
sonal conflicts of interest beyond the limited types of 
functions or services that are currently addressed in 
subpart 3.11 of the Federal Acquisition Regulation, 
by including coverage for— 
(A) consulting, analytical, or advisory serv-
ices supporting the primary missions, or serv-
ices supporting the regulatory, policymaking, 
and adjudicative functions, of an Executive 
agency; 
(B) functions closely associated with inher-
ently governmental functions, as defined in the 
Federal Acquisition Regulation, that give rise to 
heightened concerns for personal conflicts of in-
terest; and 
(C) other functions or services that give 
rise to heightened concerns for personal con-
flicts of interest, as deemed appropriate; and 
(2) revise the Federal Acquisition Regulation to 
address the functions and services identified under 
paragraph (1), including by providing and updat-
ing— 
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(A) the definitions, policies, and proce-
dures related to preventing potential personal 
conflicts of interest; 
(B) solicitation provisions and contract 
clauses for Executive agencies to use in solicita-
tions and contracts, where appropriate, to pre-
vent personal conflicts of interest; 
(C) the responsibilities of employers to 
screen their employees for personal conflicts of 
interest, to inform their employees of their legal 
duties related to preventing personal conflicts of 
interest and the appearance of personal con-
flicts of interest, and to seek compliance from 
their employees of such procedures and require-
ments; 
(D) the restrictions on a contractor’s em-
ployees disclosing, or using for personal gain, 
confidential information obtained in connection 
with performing the contract; and 
(E) the duties and procedures of reporting 
apparent violations of rules governing personal 
conflicts of interest, including to the agency’s 
Inspector General, where appropriate. 
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SEC. 3. ETHICS SAFEGUARDS RELATED TO CONTRACTOR 
CONFLICTS OF INTEREST. 
Section 2303 of title 41, United States Code, is 
amended to read as follows: 
‘‘§ 2303. Ethics safeguards related to contractor con-
flicts of interest 
‘‘(a) POLICY ON PERSONAL CONFLICTS OF INTEREST 
BY CONTRACTOR EMPLOYEES.— 
‘‘(1) DEVELOPMENT
AND
ISSUANCE
OF
POL-
ICY.—The Administrator shall develop and issue a 
standard policy to prevent personal conflicts of inter-
est by contractor employees performing the following 
functions for or on behalf of an Executive agency or 
department: 
‘‘(A) Relevant acquisition functions (in-
cluding the development, award, and adminis-
tration of Federal Government contracts). 
‘‘(B) Consulting, analytical, and advisory 
services supporting the primary missions, or 
services supporting the regulatory, policy-
making, and adjudicative functions, of an Exec-
utive agency. 
‘‘(C) Other functions or services provided 
by contractors that present heightened risks of 
personal conflicts of interest, as determined by 
the Administrator. 
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‘‘(2) 
ELEMENTS
OF
POLICY.—The 
policy 
shall— 
‘‘(A) define ‘personal conflict of interest’ 
as it relates to contractor employees performing 
covered functions; and 
‘‘(B) require each contractor whose em-
ployees perform relevant acquisition functions 
to— 
‘‘(i) identify and prevent personal con-
flicts of interest for the employees; 
‘‘(ii) prohibit contractor employees 
who have access to non-public government 
information obtained while performing cov-
ered functions from using the information 
for personal gain; 
‘‘(iii) report any personal conflict-of- 
interest violation by an employee to the ap-
plicable contracting officer or contracting 
officer’s representative as soon as it is 
identified; 
‘‘(iv) maintain effective oversight to 
verify compliance with personal conflict-of- 
interest safeguards; 
‘‘(v) have procedures in place to 
screen for potential conflicts of interest for 
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all employees performing covered func-
tions; and 
‘‘(vi) take appropriate disciplinary ac-
tion in the case of employees who fail to 
comply with policies established pursuant 
to this section. 
‘‘(3) CONTRACT CLAUSE.— 
‘‘(A) CONTENTS.—The Administrator shall 
develop a personal conflicts-of-interest clause or 
a set of clauses for inclusion in solicitations and 
contracts (and task or delivery orders) for the 
performance of covered functions that sets 
forth— 
‘‘(i) the personal conflicts-of-interest 
policy developed under this subsection; and 
‘‘(ii) the contractor’s responsibilities 
under the policy. 
‘‘(B) EFFECTIVE DATE.—Updates to the 
clause or clauses identified in subparagraph (A) 
shall take effect one year after enactment, and 
shall apply to— 
‘‘(i) contracts entered into on or after 
that effective date; and 
‘‘(ii) task or delivery orders awarded 
on or after that effective date, regardless 
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