Page:United States Statutes at Large Volume 124.djvu/3762

 124 STAT. 3736 PUBLIC LAW 111–350—JAN. 4, 2011 (4) APPLICABILITY.— (A) CONTRACTS IN EXCESS OF THE SIMPLIFIED ACQUISITION THRESHOLD.—This subsection shall apply to any contract for an amount in excess of the simplified acquisition threshold (as defined in section 134 of this title) if the contract is for the performance of relevant acquisition func- tions. (B) PARTIAL APPLICABILITY.—If only a portion of a con- tract described in subparagraph (A) is for the performance of relevant acquisition functions, then this subsection applies only to that portion of the contract. (c) BEST PRACTICES.—The Administrator shall, in consultation with the Director of the Office of Government Ethics, develop and maintain a repository of best practices relating to the prevention and mitigation of organizational and personal conflicts of interest in Federal contracting. § 2304. Conflict of interest standards for consultants (a) CONTENT OF REGULATIONS.—The Administrator shall pre- scribe 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 submis- sion 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 deter- mine if prescribing the regulations will have a significantly adverse effect on the accomplishment of the mission of the Defense Depart- ment or another Federal agency. If the President determines that the regulations will have such an adverse effect, the President