Preventing conflicts of interest

Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following:

9537.

Preventing conflicts of interest

(a)

Service on advisory committees

(1)

Screening process for advisory committee candidates

(A)

In general

The Secretary shall establish a screening process to address conflicts of interest on the part of an individual who is being considered for service on an advisory committee established or used by the Secretary in the administration of this Act or any part of this Act. (B)

Factors

In addition to the disclosure requirements of the Ethics in Government Act of 1978 (5 U.S.C. App. 38), the screening process shall consider whether an individual has— (i)a past (withing the preceding 3 years) or present professional affiliation with an organization that promotes a pedagogical approach that is linked to specific products or services; (ii)a past (within the preceding 3 years) or present involvement with a State educational agency or a local educational agency that may receive funds under this Act; or (iii)a past (within the preceding 3 years) or present direct or an indirect financial interest in a product or service that may, in fact or appearance, compromise the integrity of the advice or recommendations of the individual. (C)

Waivers

(i)

In general

Where an individual being considered for service on an advisory committee described in paragraph (1) has a conflict of interest, the Secretary may, in consultation with the Office of General Counsel, grant an exemption pursuant to section 208(b)(3) of title 18, United States Code, if, considering the additional requirements of this subsection— (I)the Secretary can demonstrate that the conflict does not compromise the integrity, in fact or in appearance, of the efforts of the advisory committee; (II)the conflict can be sufficiently mitigated; and (III)the Secretary can demonstrate that reasonable efforts were made to identify alternate individuals not having a conflict. (ii)

Reporting

The Secretary shall provide to the Congress an annual report containing information on any exemption granted under clause (i) to an advisory committee member, which shall include— (I)the identity of each exempted individual; (II)a detailed description of the conflict of interest; (III)a detailed description of the efforts made to identify alternate individuals; and (IV)a detailed description of the conflict mitigation efforts. (2)

Advisory committee members

(A)

Policies and procedures

The Secretary shall work with the Office of Government Ethics pursuant to the Ethics in Government Act of 1978 (5 U.S.C. App. 38) to develop policies and procedures to address conflicts of interest on the part of an individual who is serving on an advisory committee described in paragraph (1), including, at a minimum, the adoption of an alternative confidential financial disclosure form for such individual. (B)

Special government employees

An individual who is serving on an advisory committee described in paragraph (1) shall be considered a special Government employee, as defined in section 202(a) of title 18, United States Code, for purposes of chapter 11 of part I of such title. (3)

Secretariat

Prior to the convening of any group of individuals who will serve in a capacity to render advice or recommendations to the Secretary, the Secretary shall consult with the Committee Management Secretariat within the General Services Administration to obtain advice as to the applicability of Federal Advisory Committee Act (5 U.S.C. App. 1). (4)

Definition

For purposes of this subsection, the term advisory committee has the meaning given such term in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App. 1). (b)

Technical assistance

(1)

Screening process for technical assistance provider candidates

(A)

In general

The Secretary shall establish a screening process to address conflicts of interest on the part of individuals who, and entities that, are being considered for service as a technical assistance provider in the administration of this Act or any part of this Act. (B)

Elements

The screening process shall consider, among other factors, whether an individual or entity has— (i)a past (withing the preceding 3 years) or present professional affiliation with an organization that promotes a pedagogical approach that is linked to specific products or services; (ii)a past (within the preceding 3 years) or present involvement with a State educational agency or a local educational agency that may receive funds under this Act; or (iii)a past (within the preceding 3 years) or present direct or an indirect financial interest in a product or service that may, in fact or in appearance, compromise the integrity of the technical assistance being provided. (2)

Requirements for contracting

(A)

Prior to award

The Secretary shall require that, prior to awarding a technical assistance contract, potential technical assistance providers— (i)provide documentary evidence that the technical assistance provider will adopt and effectively implement policies and procedures to address conflicts of interest; and (ii)disclose any conflicts of interest. (B)

Contract terms

All technical assistance contracts shall require the technical assistance provider— (i)to implement fully the conflicts of interest policies and procedures provided to the Secretary prior to awarding of the contract; (ii)to ensure that any subcontracted individuals or entities, at any tier, adopt and implement the same policies and procedures as the primary technical assistance provider; and (iii)to report to the Secretary any previously unidentified conflicts and the measures taken to avoid or mitigate such conflicts not later than 10 days after becoming aware of such a conflict. (3)

Monitoring

The Secretary shall develop and implement a process to continually monitor whether technical assistance providers are appropriately implementing their conflict of interest policies and procedures. (4)

Definition

For the purposes of this subsection, the term technical assistance provider means any entity or individual providing technical assistance in the administration of this Act, or any part of this Act, directly or indirectly, to the Secretary, or on behalf of the Secretary, including— (A)a contractor; and (B)a contractor’s subsidiaries, subcontractors, employees, and other agents and affiliates. (c)

Deadline

The Secretary shall carry out the duties described in this section not later than 180 days after the date of the enactment of this section.