41 U.S.C. § 405b : US Code - Section 405B: Conflict of interest standards for individuals providing consulting services

Search 41 U.S.C. § 405b : US Code - Section 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.