Page:United States Statutes at Large Volume 99 Part 1.djvu/717

 PUBLIC LAW 99-145—NOV. 8, 1985 (0 ADMINISTRATIVE PENALTY.—Subsection (f) of section 2397 of such title is amended to read as follows: "(f)(1) A person who fails to comply with the filing requirements of this section shall be liable to the United States for an administrative penalty in the amount of $10,000, or in such lesser amount as may be determined by the Secretary of Defense, considering all the relevant circumstances. "(2) The Secretary shall determine whether a person has failed to file a report required by this section and shall determine the amount of the penalty under paragraph (1). The Secretary shall make the determinations on the record after opportunity for an agency hearing as provided in subchapter II of chapter 5 of title 5, United States Code. The determinations of the Secretary shall be subject to judicial review under chapter 7 of such title.".

99 STAT. 695 lo use 2397.

5 USC 551 et seq. 5 USC 701 et seq.

SEC. 923. REQUIREMENTS RELATING TO PRIVATE EMPLOYMENT CONTACTS BETWEEN CERTAIN DEPARTMENT OF DEFENSE PROCUREMENT OFFICIALS AND DEFENSE CONTRACTORS

(a) IN GENERAL.—(1) Chapter 141 of title 10, United States Code, is amended by inserting after section 2397 the following new section: "§ 2397a. Requirements relating to private employment contacts between certain Department of Defense procurement officials and defense contractors "(a) In this section: "(1) 'Contract' has the same meaning as provided in section 2397(a)(l) of this title. "(2) 'Covered defense official' means any individual who is serving— "(A) as a civilian officer or employee of the Department of Defense in a position for which the rate of pay is equal to or greater than the minimum rate of pay payable for grade GS-11 under the General Schedule; or "(B) on active duty in the armed forces in a pay grade of 0-4 or higher. "(3) 'Defense contractor' has the same meaning as provided in section 2397(a)(2) of this title. "(4) 'Designated agency ethics official' has the same meaning as the term 'designated agency official' in section 209(10) of the Ethics in Government Act of 1978 (92 Stat. 1850; 5 U.S.C. App.). "(5) 'Employment' means a relationship under which an individual furnishes services in return for any payment or other compensation paid directly or indirectly to the individual for the services. "(6) 'Procurement function' includes, with respect to a contract, any function relating to— "(A) the negotiation, award, administration, or approval of the contract; "(B) the selection of a contractor; "(C) the approval of changes in the contract; "(D) quality assurance, operation and developmental testing, the approval of payment, or auditing under the contract; or "(E) the management of the procurement program. "(b)(1) If a covered defense official who has participated in the performance of a procurement function in connection with a contract awarded by the Department of Defense contacts, or is con-

10 USC 2397a.

10 USC 2397.

5 USC 5332.

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