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TITLE 41 > CHAPTER 7 > Sec. 423.

Notes on Sec. 423.

SOURCE
Pub. L. 93-400, Sec. 27, as added Pub. L. 100-679, Sec. 6(a), Nov. 17, 1988, 102 Stat. 4063
amended Pub. L. 101-189, div. A, title VIII, Sec. 814(a)-(d)(1), Nov. 29, 1989, 103 Stat. 1495-1498
Pub. L. 101-510, div. A, title XIV, Sec. 1484(l)(6), Nov. 5, 1990, 104 Stat. 1720
Pub. L. 102-25, title VII, Sec. 705(i), Apr. 6, 1991, 105 Stat. 121
Pub. L. 103-355, title VIII, Sec. 8301(e), Oct. 13, 1994, 108 Stat. 3397
Pub. L. 104-106, div. D, title XLIII, Sec. 4304(a), Feb. 10, 1996, 110 Stat. 659.

AMENDMENTS

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, Sec. 814(a)(1)(A), inserted '', except as provided in subsection (c) of this section'' before semicolon at end. Subsec. (c). Pub. L. 101-189, Sec. 814(a)(1)(C), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 101-189, Sec. 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, Sec. 814(c)(1)(A)-(D), substituted ''(d), or (f)'' for ''(c), or (e)''.

Subsec. (e)(7)(B)(ii). Pub. L. 101-189, Sec. 814(c)(1)(E), substituted ''subsection (o)'' for ''subsection (m)''.

Subsec. (f). Pub. L. 101-189, Sec. 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, Sec. 814(a)(2)(A), redesignated pars. (1) and (2) as subpars. (A) and (B), respectively.

Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (f)(2). Pub. L. 101-189, Sec. 814(a)(2)(C), added par. (2). Subsec. (f)(3). Pub. L. 101-189, Sec. 814(d)(1), added par. (3).

Subsec. (g). Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (g)(1). Pub. L. 101-189, Sec. 814(c)(2), substituted ''subsection (o)'' for ''subsection (m)''.

Subsec. (h). Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (h)(1). Pub. L. 101-189, Sec. 814(c)(3)(A), substituted ''subsection (e)'' for ''subsection (d)''.

Subsec. (h)(2). Pub. L. 101-189, Sec. 814(c)(3)(B), substituted ''(b) or (d)'' for ''(b) or (c)''.

Subsec. (h)(3). Pub. L. 101-189, Sec. 814(c)(3)(C), substituted ''(i) and (j)'' for ''(h) and (i)''.

Subsec. (i). Pub. L. 101-189, Sec. 814(c)(4), substituted ''(d), or (f)'' for ''(c), or (e)''.

Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 101-189, Sec. 814(a)(1)(B)(ii), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (l).

Subsec. (j)(1). Pub. L. 101-189, Sec. 814(c)(5), substituted ''subsection (p)'' for ''subsection (n)'' and ''subsection (o)'' for ''subsection (m)''.

Subsec. (k). Pub. L. 101-189, Sec. 814(a)(3), added subsec. (k). Former subsec. (k) redesignated (m).

Subsec. (l). Pub. L. 101-189, Sec. 814(a)(1)(B)(i), redesignated subsec. (j) as (l). Former subsec. (l) redesignated (n).

Subsec. (l)(1). Pub. L. 101-189, Sec. 814(c)(6)(A), substituted ''subsections (b), (c), and (e)'' for ''subsection (b)''.

Subsec. (l)(2). Pub. L. 101-189, Sec. 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, Sec. 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, Sec. 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, Sec. 814(a)(1)(B)(i), redesignated subsec. (m) as (o).

Subsec. (p). Pub. L. 101-189, Sec. 814(a)(1)(B)(i), redesignated subsec. (n) as (p).

Subsec. (p)(1). Pub. L. 101-189, Sec. 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, Sec. 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, Sec. 814(b)(3), added par. (8)

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, Sec. 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, Sec. 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

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 sections 637, 657a; title 22 section 3861; title 42 sections 1396a, 1396u-2; title 43 section 1475a

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