Source
(Pub. L. 93–400, § 27, as added Pub. L. 100–679, § 6(a), Nov. 17, 1988, 102 Stat. 4063; amended Pub. L. 101–189, div. A, title VIII, § 814(a)–(d)(1), Nov. 29, 1989, 103 Stat. 1495–1498; Pub. L. 101–510, div. A, title XIV, § 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 102–25, title VII, § 705(i), Apr. 6, 1991, 105 Stat. 121; Pub. L. 103–355, title VIII, § 8301(e), Oct. 13, 1994, 108 Stat. 3397; Pub. L. 104–106, div. D, title XLIII, § 4304(a), Feb. 10, 1996, 110 Stat. 659; Pub. L. 107–347, title II, § 209(d)(4), Dec. 17, 2002, 116 Stat. 2930.)
Codification
“Section
102 of title
40” substituted in subsec. (f)(3) for “section 3 of the Federal Property and Administrative Services Act of 1949 (
40 U.S.C. 472)” on authority of
Pub. L. 107–217, § 5(c), Aug. 21, 2002,
116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
Amendments
2002—Subsec. (a)(1).
Pub. L. 107–347 inserted at end “In the case of an employee of a private sector organization assigned to an agency under chapter
37 of title
5, in addition to the restriction in the preceding sentence, such employee shall not, other than as provided by law, knowingly disclose contractor bid or proposal information or source selection information during the three-year period after the end of the assignment of such employee.”
1996—
Pub. L. 104–106 amended section generally, substituting subsecs. (a) to (h) relating to restrictions on disclosing and obtaining contractor bid or proposal information and source selection information for former subsecs. (a) to (p) relating to procurement integrity.
1994—Subsec. (e)(1)(B).
Pub. L. 103–355 inserted “, except in the case of a contract for the procurement of commercial items,” after “certifies in writing to such contracting officer” in introductory provisions.
1991—Subsec. (p)(8).
Pub. L. 102–25 substituted “has the meaning given such term by section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.).” for “has the same meaning as the term ‘designated agency official’ in section 209(10) of the Ethics in Government Act of 1978 (
92 Stat. 1850; 5 U.S.C. App.).”
1990—Subsec. (f)(3)(D), (F).
Pub. L. 101–510 redesignated subpar. (D), defining term “civil service”, as (F).
1989—Subsecs. (a)(1), (b)(1).
Pub. L. 101–189, § 814(a)(1)(A), inserted “, except as provided in subsection (c) of this section” before semicolon at end.
Subsec. (c).
Pub. L. 101–189, § 814(a)(1)(C), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d).
Pub. L. 101–189, § 814(a)(1)(B)(ii), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (e).
Pub. L. 101–189, § 814(a)(1)(B)(ii), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1)(A)(i), (B)(ii), (2)(A), (3)(A).
Pub. L. 101–189, § 814(c)(1)(A)–(D), substituted “(d), or (f)” for “(c), or (e)”.
Subsec. (e)(7)(B)(ii).
Pub. L. 101–189, § 814(c)(1)(E), substituted “subsection (o)” for “subsection (m)”.
Subsec. (f).
Pub. L. 101–189, § 814(a)(2)(B), substituted “Restrictions resulting from procurement activities of procurement officials” for “Restrictions on Government officials and employees” as heading, and “(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 procurement may knowingly—” for “No Government official or employee, civilian, or military, who has participated personally and substantially in the conduct of any Federal agency procurement or who has personally reviewed and approved the award, modification, or extension of any contract for such procurement shall—”.
Pub. L. 101–189, § 814(a)(2)(A), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively.
Pub. L. 101–189, § 814(a)(1)(B)(ii), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (f)(2).
Pub. L. 101–189, § 814(a)(2)(C), added par. (2).
Subsec. (f)(3).
Pub. L. 101–189, § 814(d)(1), added par. (3).
Subsec. (g).
Pub. L. 101–189, § 814(a)(1)(B)(ii), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1).
Pub. L. 101–189, § 814(c)(2), substituted “subsection (o)” for “subsection (m)”.
Subsec. (h).
Pub. L. 101–189, § 814(a)(1)(B)(ii), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(1).
Pub. L. 101–189, § 814(c)(3)(A), substituted “subsection (e)” for “subsection (d)”.
Subsec. (h)(2).
Pub. L. 101–189, § 814(c)(3)(B), substituted “(b) or (d)” for “(b) or (c)”.
Subsec. (h)(3).
Pub. L. 101–189, § 814(c)(3)(C), substituted “(i) and (j)” for “(h) and (i)”.
Subsec. (i).
Pub. L. 101–189, § 814(c)(4), substituted “(d), or (f)” for “(c), or (e)”.
Pub. L. 101–189, § 814(a)(1)(B)(ii), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
Subsec. (j).
Pub. L. 101–189, § 814(a)(1)(B)(ii), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (l).
Subsec. (j)(1).
Pub. L. 101–189, § 814(c)(5), substituted “subsection (p)” for “subsection (n)” and “subsection (o)” for “subsection (m)”.
Subsec. (k).
Pub. L. 101–189, § 814(a)(3), added subsec. (k). Former subsec. (k) redesignated (m).
Subsec. (l).
Pub. L. 101–189, § 814(a)(1)(B)(i), redesignated subsec. (j) as (l). Former subsec. (l) redesignated (n).
Subsec. (l)(1).
Pub. L. 101–189, § 814(c)(6)(A), substituted “subsections (b), (c), and (e)” for “subsection (b)”.
Subsec. (l)(2).
Pub. L. 101–189, § 814(c)(6)(B), substituted “subsections (b), (c), and (e)” for “subsection (b)” and “(d), or (f)” for “(c), or (e)”.
Subsecs. (m), (n).
Pub. L. 101–189, § 814(a)(1)(B)(i), redesignated subsecs. (k) and (l) as (m) and (n), respectively. Former subsecs. (m) and (n) redesignated (o) and (p), respectively.
Subsec. (o).
Pub. L. 101–189, § 814(a)(4), amended subsec. (o) generally. Prior to amendment, subsec. (o) read as follows: “Government-wide regulations and guidelines deemed appropriate to carry out this section shall be issued in the Federal Acquisition Regulation within 180 days after November 17, 1988.”
Pub. L. 101–189, § 814(a)(1)(B)(i), redesignated subsec. (m) as (o).
Subsec. (p).
Pub. L. 101–189, § 814(a)(1)(B)(i), redesignated subsec. (n) as (p).
Subsec. (p)(1).
Pub. L. 101–189, § 814(b)(1), substituted “on the earliest specific date, as determined under implementing regulations, on which an authorized official orders or requests an action described in clauses (i)–(viii) of paragraph (3)(A),” for “with the development, preparation, and issuance of a procurement solicitation,”.
Subsec. (p)(3)(A).
Pub. L. 101–189, § 814(b)(2), added subpar. (A) and struck out former subpar. (A) which read as follows: “The term ‘procurement official’ means any civilian or military official or employee of an agency who has participated personally and substantially in the conduct of the agency procurement concerned, including all officials and employees who are responsible for reviewing or approving the procurement, as further defined by applicable implementing regulations.”
Subsec. (p)(8).
Pub. L. 101–189, § 814(b)(3), added par. (8).
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of
Pub. L. 107–347, set out as an Effective Date note under section
3601 of Title
44, Public Printing and Documents.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by
Pub. L. 104–106, see section 4401 of
Pub. L. 104–106, set out as a note under section
251 of this title.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by
Pub. L. 103–355, see section 10001 of
Pub. L. 103–355, set out as a note under section
251 of this title.
Effective Date
Section 6(b) of
Pub. L. 100–679, as amended by
Pub. L. 101–28, § 1, May 15, 1989,
103 Stat. 57, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect July 16, 1989.”
Regulations
Section 814(e) of
Pub. L. 101–189 provided that: “Not later than 90 days after the date of the enactment of this section [Nov. 29, 1989], regulations implementing the amendments made by this section to the provisions of section 27 of the Office of Federal Procurement Policy Act (
41 U.S.C.
423) shall be issued in accordance with sections 6 and 25 of such Act (
41 U.S.C.
405,
421), after coordination with the Director of the Office of Government Ethics.”
Clarification of Frequency of Certification by Employees and Contractors
Section 815(b) of
Pub. L. 101–510 provided that: “Not later than 30 days after the date of the enactment of this Act [Nov. 5, 1990], the regulations implementing section 27(e)(1)(B) of the Office of Federal Procurement Policy Act (
41 U.S.C.
423
(e)(1)(B)) shall be revised to ensure that a contractor is required to obtain from each officer, employee, agent, representative, and consultant of the contractor only one certification (as described in clauses (i) and (ii) of that section) during the person’s employment or association with the contractor and that such certification shall be made at the earliest possible date after the person begins his or her employment or association with the contractor.”
Suspension of Effect of Section
Section 815(a)(1) of
Pub. L. 101–510 provided that subsection (f) of this section shall have no force or effect during the period beginning on Dec. 1, 1990, and ending on May 31, 1991.
Pub. L. 101–194, title V, § 507(1), Nov. 30, 1989,
103 Stat. 1759, provided that the provisions of this section shall have no force or effect during the period beginning Dec. 1, 1989, and ending one year after such date.