§ 405b. — Conflict of interest standards for individuals providing consulting services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC405b]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 405b. Conflict of interest standards for individuals
providing consulting services
(a) Issuance of policy and regulations
Not later than 90 days after October 1, 1988, the Administrator of
the Office of Federal Procurement Policy shall issue a policy, and not
later than 180 days thereafter Government-wide regulations shall be
issued under the Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.) which set forth--
(1) conflict of interest standards for persons who provide
consulting services described in subsection (b) of this section; and
(2) procedures, including such registration, certification, and
enforcement requirements as may be appropriate, to promote
compliance with such standards.
(b) Services subject to regulations
The regulations required by subsection (a) of this section shall
apply to the following types of consulting services:
(1) advisory and assistance services provided to the Government
to the extent necessary to identify and evaluate the potential for
conflicts of interest that could be prejudicial to the interests of
the United States;
(2) services related to support of the preparation or submission
of bids and proposals for Federal contracts to the extent that
inclusion of such services in such regulations is necessary to
identify and evaluate the potential for conflicts of interest that
could be prejudicial to the interests of the United States; and
(3) such other services related to Federal contracts as may be
specified in the regulations prescribed under subsection (a) of this
section to the extent necessary to identify and evaluate the
potential for conflicts of interest that could be prejudicial to the
interests of the United States.
(c) Report to Congress by Comptroller General on effectiveness of
regulations
The Comptroller General shall report to Congress not later than one
year after October 1, 1988, his assessment of the effectiveness of the
regulations prescribed under this section.
(d) Intelligence activities exemption; annual report by Director of
Central Intelligence
Intelligence activities as defined in section 3.4(e) of Executive
order 12333 or a comparable definitional section in any successor order
may be exempt from the regulations required by subsection (a) of this
section: Provided, That the Director of Central Intelligence shall
report to the Intelligence and Appropriations Committees of the Congress
no later than January 1, 1990, and annually thereafter delineating those
activities and organizations which have been exempted from the
regulations required by subsection (a) of this section in accordance
with the provisions of this subsection.
(e) Adverse effect determination by President prior to issuance of
regulations; report to Congressional committees; voiding of
regulations requirement
The President shall, before issuance of the regulations required by
subsection (a) of this section, determine if the promulgation of such
regulations would have a significantly adverse effect on the
accomplishment of the mission of the Department of Defense or other
Federal Government agencies: Provided, That if the President determines
that the regulations required by subsection (a) of this section would
have such an adverse effect, the President shall so report to the
appropriate committees of the Senate and the House of Representatives,
stating in full the reasons for such a determination: Provided further,
That in the event of submission of a report to the committees containing
an adverse effect determination, the requirement for the regulations
prescribed by subsection (a) of this section shall be null and void.
(Pub. L. 100-463, title VIII, Sec. 8141, Oct. 1, 1988, 102 Stat. 2270-
47.)
References in Text
The Office of Federal Procurement Policy Act, referred to in subsec.
(a), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which
is classified principally to this chapter (Sec. 401 et seq.). For
complete classification of this Act to the Code, see Short Title note
set out under section 401 of this title.
Executive order 12333, referred to in subsec. (d), is set out as a
note under section 401 of Title 50, War and National Defense.
Codification
Section was enacted as part of the Department of Defense
Appropriations Act, 1989, and not as part of the Office of Federal
Procurement Policy Act which comprises this chapter.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which a
report required under subsec. (d) of this section is listed on page
156), see section 3003 of Pub. L. 104-66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance.
