Page:United States Statutes at Large Volume 100 Part 5.djvu/463

 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3937

"(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)(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 grade GS-13 of the General Schedule; or 5 USC 5332. "(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 Executive 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 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 SJJ | ^ij,.. 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 compenstion 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

�