Page:United States Statutes at Large Volume 99 Part 1.djvu/718

 99 STAT. 696

Report.

Report.

Report.

Penalties.

Report. Penalties.

PUBLIC LAW 99-145—NOV. 8, 1985 tacted by, the defense contractor to whom the contract was awarded (or an agent of such contractor) regarding future employment opportunities for the official with the defense contractor, the official (except as provided in paragraph (2)) shall— "(A) promptly report the contact to the official's supervisor and to the designated agency ethics official (or his designee) of the agency in which the covered defense official is employed; and "(B) for any period for which future employment opportunities for the covered defense official have not been rejected by either the covered defense official or the defense contractor, disqualify himself from all participation in the performance of procurement functions relating to contracts of the defense contractor. "(2) A covered defense official is not required to report the first contact with a defense contractor under paragraph (I)(A) or to disqualify himself under paragraph (I)(B) if the defense official terminates the contact immediately. However, if an additional contact of the same or a similar nature is made by or with the defense contractor, the covered defense official shall report (as provided in paragraph (1)) the contact and all contacts of the same or a similar nature made by or with the defense contractor during the 90-day period ending on the date the additional contact is made. "(c) A report required by subsection (b)(1) shall include— "(1) the date of each contact covered by the report; and "(2) a brief description of the substance of the contact. "(d)(l)(A) If the Secretary of Defense determines under paragraph (2) that a person has failed promptly to make a report required by subsection (b)(l)(A) or (b)(2) or has failed to disqualify himself in any case in which he is required to do so under subsection (b)(l)(B)— "(i) the person may not accept or continue employment with the defense contractor during the 10-year period beginning with the date of separation from Government service; and "(ii) the Secretary may impose on the person an administrative penalty in the amount of $10,000, or in such lesser amount as may be prescribed by the Secretary, taking into consideration all the circumstances. "(B) An individual who accepts or continues employment prohibited by subparagraph (A)(i) shall be liable to the United States for an administrative penalty as provided in subparagraph (A)(ii). Such penalty may be in addition to any penalty previously imposed on the individual under subparagraph (A)(ii) for failure promptly to make a report relating to the defense contractor by whom the individual is employed as required by subsection (b)(l)(A) or (b)(2). "(C) The Secretary of Defense may take action against an individual under this paragraph before, on, or after the date on which the individual's employment with the Government is terminated. "(2)(A) The Secretary of Defense shall determine— "(i) whether an individual has failed promptly to make a report required by subsection ObXlXA) or (b)(2) or has failed to disqualify himself in any case in which he is required to do so under subsection (b)(l)(B) and whether to impose a penalty under paragraph (IXAXii) and the amount of such penalty; and "(ii) whether an individual is liable to the United States for an administrative penalty under paragraph (I)(B) and the amount of such penalty.

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