Page:United States Statutes at Large Volume 100 Part 4.djvu/763

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-158

such compensation. For purposes of the preceding sentence, the appropriate designated agency ethics official is the designated agency ethics official of the agency in which such person was serving at the time such person separated from service in the Department of Defense. "(2) A request for advice under paragraph (1) shall contain all information that is relevant to a determination by the designated agency ethics official on such request. "(3) Not later than 30 days after the date on which a designated agency ethics official receives a request for advice under paragraph (1), such official shall issue a written opinion on the applicability of this section to the acceptance of compensation covered by the request. "(4) If a designated agency ethics official, on the basis of a complete disclosure as required by paragraph (2), states in a written opinion furnished to any person under this subsection that this section is inapplicable to the acceptance of compensation by such person from a contractor in a particular case, there shall be a conclusive presumption in favor of such person, for the purposes of this section, that the person's acceptance of such compensation in such case is not a violation of subsection (a)(1). "(f) In this section: "(1) The term 'compensation' includes any payment, gift, benefit, reward, favor, or gratuity— "(A) which is provided, directly or indirectly, for services rendered by the person accepting such payment, gift, bene'" "' fit, reward, favor, or gratuity; and "(B) which is valued in excess of $250 at the prevailing market price. ^ "(2)(A) The term 'contractor' means a person— "(i) that contracts to supply the Department of Defense with goods or services;
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"(ii) that controls or is controlled by a person described in clause (i); or "(iii) that is under common control w i t h a person described in clause (i). "(B) Such term does not include— "(i) a n affiliate or subsidiary of a person described in subparagraph (A) that is clearly not engaged in the performance of a Department of Defense contract; or "(ii) a State or local government. "(3) The term 'procurement function' includes, with respect to

a contract, any function relating to— "(A) the negotiation, award, administration, or approval of the contract; M ' "(B) the selection of a contractor; ' "(C) the approval of changes in the contract; "(D) quality assurance, operational and developmental « testing, the approval of payment, or auditing under the contract; or "(E) the management of the procurement program. "(4) The term 'armed forces' does not include the Coast Guard. "(5) The term 'major defense system' has the meaning given ' the term 'major system' in section 2302(5) of this title. "(g) For the purposes of this section, a person who is a retired member or a former member of the armed forces shall be considered

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