Page:United States Statutes at Large Volume 100 Part 4.djvu/762

 100 STAT. 3341-157

PUBLIC LAW 99-591—OCT. 30, 1986

operated by the contractor and that was the principal location of such person's performance of that procurement function; "(B) the person performed, on a majority of the person's vvorking days during such two-year period, procurement functions relating to a major defense system and, in the performance of such functions, participated personally and substantially, and in a manner involving decisionmaking responsibilities, with respect to a contract for that system through contact with the contractor; or "(C) during such two-year period the person acted as a primary representative of the United States— "(i) in the negotiation of a Department of Defense contract in an amount in excess of $10,000,000 with the contractor; or "(ii) in the negotiation of a settlement of an unresolved '' claim of the contractor in an amount in excess of $10,000,000 under a Department of Defense contract. "(2) In the application of paragraph (1) to a former officer or employee of the Department of Defense or a former or retired member of the armed forces, a person's status as a contractor shall be determined as of the date of the separation from service in the Department of Defense of the officer or employee or member or former member involved. "(b)(1) Any person who knowingly violates subsection (a)(1) shall be subject to a civil fine, in an amount not to exceed $250,000, in a civil action brought by the United States in the appropriate district court of the United States. "(2) Any person who knowingly offers or provides any compensation to another person, and who knew or should have known that the acceptance of such compensation is or would be in violation of subsection (a)(1), shall be subject to a civil fine, in an amount not to exceed $500,000, in a civil action brought by the United States in the appropriate district court of the United States. "(c) This section does not apply to any person with respect to— "(1) duties described in clause (A) or (B) of subsection (a)(l) which were performed while such person was serving— "(A) in a civilian position for which the rate of pay is less than the minimum rate of pay payable for grade GS-13 of the General Schedule; or "(B) as a member of the armed forces in a pay grade • «• below pay grade 0-4; or "(2) duties described in clause (C) of subsection (a)(1) which were performed while such person was serving— ? "(A) in a civilian position for which the rate of pay is less than the minimum rate of pay payable for a Senior Execuj,i, tive Service position; or "(B) as a member of the armed forces in a pay grade below pay grade 0-7. "(d) This section does not prohibit any person from accepting compensation from any contractor that, during the fiscal year preceding the fiscal year in which such compensation is accepted, was not a Department of Defense contractor or was a contractor under Department of Defense contracts in a total amount less than $10,000,000. "(e)(1) Any person may, before accepting any compensation, request the appropriate designated agency ethics official to advise such person on the applicability of this section to the acceptance of

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