121 STAT. 660
PUBLIC LAW 110–69—AUG. 9, 2007
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in accordance with the requirements under section 9.503 of title 48, Code of Federal Regulations, if the Secretary determines that their application in a particular situation would not be in the Federal Government’s interest. (iv) SPECIAL RULE REGARDING WAIVERS.—No organization or subcontractor under this paragraph shall receive a waiver that allows the organization or subcontractor to evaluate any aspect of the program under this section that the organization or subcontractor was involved in implementing. (2) TECHNICAL ASSISTANCE.— (A) IN GENERAL.—The Secretary may use funds made available under paragraph (3) to provide technical assistance to prospective applicants and to State educational agencies and eligible local educational agencies receiving grants or subgrants under this section. (B) CONFLICTS OF INTEREST.—If the Secretary carries out subparagraph (A) through any contracts, the Secretary, in consultation with the Office of the General Counsel of the Department, shall ensure that each contract requires the contractor to— (i) screen for conflicts of interest when hiring individuals to carry out the responsibilities under the contract; (ii) include the requirement of clause (i) in any subcontracts the contractor enters into under the contract; and (iii) establish and follow a schedule for carrying out clause (i) and subparagraph (C) and reporting to the Secretary on the contractor’s actions under those provisions. (C) SCREENING PROCESS.—Subject to subparagraph (D), the screening process described in subparagraph (B)(i) shall— (i) include, at a minimum, a review of— (I) each individual performing duties under the contract or subcontract for connections to any State’s program under this section; (II) such individual’s potential financial interests in, or other connection to, products, activities, or services that might be purchased by a State educational agency or local educational agency in the course of the agency’s implementation of the program under this section; and (III) such individual’s connections to teaching methodologies that might require the use of specific products, activities, or services; and (ii) ensure that individuals performing duties under the contract do not maintain significant financial interests in products, activities, or services supported under this section. (D) WAIVER.— (i) IN GENERAL.—The Secretary may, in consultation with the Office of the General Counsel of the Department, waive the requirements of subparagraph (C).
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