Page:United States Statutes at Large Volume 103 Part 2.djvu/486

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


103 STAT. 1496 PUBLIC LAW 101-189—NOV. 29, 1989 (B) by striking out "RESTRICTIONS ON GOVERNMENTAL OFFI- CIALS AND EMPLOYEES.—No" and all that follows through "shall—" and inserting in lieu thereof "RESTRICTIONS RESULT- ING FROM PROCUREMENT AcnviriES OF PROCUREMENT OFFI- CIALS.—(1) No individual who, while serving as an officer or employee of the Government or member of the Armed Forces, was a procurement official with respect to a particular procure- ment may knowingly—"; and (C) by adding at the end the following new paragraph: "(2) This subsection does not apply to any participation referred to in paragraph (I)(A) or (I)(B) with respect to a subcontractor who is a competing contractor unless— "(A) the subcontractor is a first or second tier subcontractor and the subcontract is for an amount that is in excess of $100,000; "(B) the subcontractor significantly assisted the prime con- ^ tractor with respect to negotiation of the prime contract; "(C) the procurement official involved in the award, modifica- tion, or extension of the prime contract personally directed or recommended the particular subcontractor to the prime con- tractor as a source for the subcontract; or "(D) the procurement official personally reviewed and ap- proved the award, modification, or extension of the sub- contract.". (3) Such section is further amended by inserting after subsection (j) (as redesignated by paragraph (1)(B)) the following new subsection (k): "(k) ETHICS ADVICE. —(1) Regulations implementing this section shall include procedures for a procurement official or former procurement official of a Federal agency to request advice from the appropriate designated agency ethics official regarding whether such procurement official or former procurement official is or would be precluded by this section from engaging in a specified activity. "(2) A procurement official or former procurement official of an agency who requests advice from a designated agency ethics official pursuant to paragraph (1) shall provide the agency ethics official with cdl information reasonably available to the procurement offi- cial or former procurement official that is relevant to a determina- tion r^arding such request. "(3) Not later than 30 days after the date on which the appro- priate designated agency ethics official receives a request for advice pursuant to paragraph (1) accompanied by the information required by paragraph (2), or as soon thereafter as practicable, the officisd shall issue a written opinion regarding whether the requesting procurement official or former procurement official is precluded by this section from engaging in the specified activity.". (4) Subsection (o) of such section (as redesignated by paragraph (1)(B)) is amended to read as follows: "(o) IMPLEMENTING REGULATIONS AND GUIDELINES.—(1) Govern- ment-wide regulations and guidelines appropriate to carry out this section shall be included in the Federal Acquisition Regulation. "(2) Regulations implementing this section shall— "(A) define the term 'thing of value' for the purposes of this section and shall include a single uniform Government-wide exclusion at a specific minimal dollar amount; and "(B) authorize the delegation of the functions assigned to designated agency ethics officials under this section.