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41 U.S.C. § 2304 — Conflict of interest standards for consultants
Federal law — U.S. Code and appendices · legal_authorities
**(a) Content of Regulations.—** The Administrator shall prescribe under this division Government-wide regulations that set forth—
(1) conflict of interest standards for persons who provide consulting services described in subsection (b); and
(2) procedures, including registration, certification, and enforcement requirements as may be appropriate, to promote compliance with the standards.
**(b) Services Subject to Regulations.—** Regulations required by subsection (a) apply to—
(1) advisory and assistance services provided to the Federal 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 the services in the 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) other services related to Federal contracts as specified in the regulations prescribed under subsection (a) 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) Intelligence Activities Exemption.—**
(1) **Activities that may be exempt.—** — Intelligence activities as defined in section 3.4(e) of Executive Order No. 12333 or a comparable definitional section in any successor order may be exempt from the regulations required by subsection (a).
(2) **Report.—** — The Director of National Intelligence shall report to the Intelligence and Appropriations Committees of Congress each January 1, delineating the activities and organizations that have be
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Source location: Title 41, Chapter 23, § 2304; chapter-023-chapter-23.md
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**(a) Content of Regulations.—** The Administrator shall prescribe under this division Government-wide regulations that set forth—
(1) conflict of interest standards for persons who provide consulting services described in subsection (b); and
(2) procedures, including registration, certification, and enforcement requirements as may be appropriate, to promote compliance with the standards.
**(b) Services Subject to Regulations.—** Regulations required by subsection (a) apply to—
(1) advisory and assistance services provided to the Federal 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 the services in the 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) other services related to Federal contracts as specified in the regulations prescribed under subsection (a) 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) Intelligence Activities Exemption.—**
(1) **Activities that may be exempt.—** — Intelligence activities as defined in section 3.4(e) of Executive Order No. 12333 or a comparable definitional section in any successor order may be exempt from the regulations required by subsection (a).
(2) **Report.—** — The Director of National Intelligence shall report to the Intelligence and Appropriations Committees of Congress each January 1, delineating the activities and organizations that have been exempted under paragraph (1).
**(d) Presidential Determination.—** Before the regulations required by subsection (a) are prescribed, the President shall determine if prescribing the regulations will have a significantly adverse effect on the accomplishment of the mission of the Defense Department or another Federal agency. If the President determines that the regulations will 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 the determination. If such a report is submitted, the requirement for the regulations shall be null and void.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense.
(2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
(3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States.
**(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
**(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that—
(1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used;
(2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or
(3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 442a, comprising section 1102 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3232&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 74
TITLE 41—PUBLIC CONTRACTS
§ 2304
contracting officers to take into consideration pro-
fessional standards and procedures to prevent organi-
zational conflicts of interest to which an offeror or
contractor is subject.
‘‘(b) EXECUTIVE AGENCY DEFINED.—In this section, the
term ‘executive agency’ has the meaning given the
term in section 133 of title 41, United States Code.’’
DEADLINE FOR ISSUANCE OF STANDARD POLICY
Pub. L. 111–350, § 6(f)(1), Jan. 4, 2011, 124 Stat. 3854,
provided that: ‘‘The requirement in section 2303(b)(1) of
title 41, United States Code, to issue a policy shall be
done not later than 270 days after October 14, 2008.’’
REVIEW OF FEDERAL ACQUISITION REGULATION
RELATING TO CONFLICTS OF INTEREST
Pub. L. 110–417, [div. A], title VIII, § 841(b), Oct. 14,
2008, 122 Stat. 4539, provided that:
‘‘(1) REVIEW.—Not later than 12 months after the date
of the enactment of this Act [Oct. 14, 2008], the Admin-
istrator for Federal Procurement Policy, in consulta-
tion with the Director of the Office of Government Eth-
ics, shall review the Federal Acquisition Regulation
to—
‘‘(A) identify contracting methods, types and serv-
ices that raise heightened concerns for potential per-
sonal and organizational conflicts of interest; and
‘‘(B) determine whether revisions to the Federal
Acquisition Regulation are necessary to—
‘‘(i) address personal conflicts of interest by con-
tractor employees with respect to functions other
than those described in subsection (a) [now 41
U.S.C. 2303(b)]; or
‘‘(ii) achieve sufficiently rigorous, comprehensive,
and uniform government-wide policies to prevent
and mitigate organizational conflicts of interest in
Federal contracting.
‘‘(2) REGULATORY REVISIONS.—If the Administrator de-
termines pursuant to the revie
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 2304
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