SEC. 2. 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: 
‘‘SEC. 9537. PREVENTING CONFLICTS OF INTEREST. 
‘‘(a) SERVICE ON ADVISORY COMMITTEES.— 
‘‘(1) SCREENING PROCESS FOR ADVISORY COM-
MITTEE CANDIDATES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish a screening process to address con-
flicts of interest on the part of an individual 
who is being considered for service on an advi-
sory committee established or used by the Sec-
retary in the administration of this Act or any 
part of this Act. 
‘‘(B) FACTORS.—In addition to the disclo-
sure 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 peda-
gogical approach that is linked to specific 
products or services; 
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‘‘(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 fi-
nancial interest in a product or service 
that may, in fact or appearance, com-
promise the integrity of the advice or rec-
ommendations of the individual. 
‘‘(C) WAIVERS.— 
‘‘(i) IN
GENERAL.—Where an indi-
vidual 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 pur-
suant to section 208(b)(3) of title 18, 
United States Code, if, considering the ad-
ditional requirements of this subsection— 
‘‘(I) the Secretary can dem-
onstrate that the conflict does not 
compromise the integrity, in fact or in 
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appearance, of the efforts of the advi-
sory committee; 
‘‘(II) the conflict can be suffi-
ciently mitigated; and 
‘‘(III) the Secretary can dem-
onstrate that reasonable efforts were 
made to identify alternate individuals 
not having a conflict. 
‘‘(ii) 
REPORTING.—The 
Secretary 
shall provide to the Congress an annual re-
port containing information on any exemp-
tion granted under clause (i) to an advi-
sory committee member, which shall in-
clude— 
‘‘(I) the identity of each exempt-
ed 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.— 
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‘‘(A) POLICIES
AND
PROCEDURES.—The 
Secretary shall work with the Office of Govern-
ment Ethics pursuant to the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App. 38) to de-
velop policies and procedures to address con-
flicts of interest on the part of an individual 
who is serving on an advisory committee de-
scribed in paragraph (1), including, at a min-
imum, the adoption of an alternative confiden-
tial financial disclosure form for such indi-
vidual. 
‘‘(B) 
SPECIAL
GOVERNMENT
EMPLOY-
EES.—An individual who is serving on an advi-
sory 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 Sec-
retary, the Secretary shall consult with the Com-
mittee Management Secretariat within the General 
Services Administration to obtain advice as to the 
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applicability of Federal Advisory Committee Act (5 
U.S.C. App. 1). 
‘‘(4) DEFINITION.—For purposes of this sub-
section, the term ‘advisory committee’ has the mean-
ing 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 AS-
SISTANCE PROVIDER CANDIDATES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish a screening process to address con-
flicts of interest on the part of individuals who, 
and entities that, are being considered for serv-
ice as a technical assistance provider in the ad-
ministration 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 peda-
gogical approach that is linked to specific 
products or services; 
‘‘(ii) a past (within the preceding 3 
years) or present involvement with a State 
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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 fi-
nancial interest in a product or service 
that may, in fact or in appearance, com-
promise the integrity of the technical as-
sistance being provided. 
‘‘(2) REQUIREMENTS FOR CONTRACTING.— 
‘‘(A) PRIOR
TO
AWARD.—The Secretary 
shall require that, prior to awarding a technical 
assistance contract, potential technical assist-
ance providers— 
‘‘(i) provide documentary evidence 
that the technical assistance provider will 
adopt and effectively implement policies 
and procedures to address conflicts of in-
terest; and 
‘‘(ii) disclose any conflicts of interest. 
‘‘(B) CONTRACT TERMS.—All technical as-
sistance contracts shall require the technical as-
sistance provider— 
‘‘(i) to implement fully the conflicts of 
interest policies and procedures provided to 
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the Secretary prior to awarding of the con-
tract; 
‘‘(ii) to ensure that any subcontracted 
individuals or entities, at any tier, adopt 
and implement the same policies and pro-
cedures 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 be-
coming aware of such a conflict. 
‘‘(3) MONITORING.—The Secretary shall de-
velop and implement a process to continually mon-
itor whether technical assistance providers are ap-
propriately 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 Sec-
retary, or on behalf of the Secretary, including— 
‘‘(A) a contractor; and 
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‘‘(B) a contractor’s subsidiaries, sub-
contractors, 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.’’. 
Æ 
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