Page:United States Statutes at Large Volume 99 Part 1.djvu/719

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 697

There shall be a rebuttable presumption in favor of a covered defense official that failure to report a contact with a defense contractor or failure to disqualify himself from participation in the performance of certain procurement functions is not a violation of subsection (b)(l)(A) or (b)(2) or subsection (b)(l)(B), as the case may be, if the defense official has received an opinion in writing from the designated agency ethics official under subsection (e) stating that a report or disqualification by the official was not necessary. "(B) Determinations of the Secretary under subparagraph (A) shall be made on the record after opportunity for an agency hearing as provided in subchapter II of chapter 5 of title 5. The determina- 5 USC 551 et seq. tions of the Secretary shall be subject to judicial review under 5 USC 701 et seq. chapter 7 of such title. "(e) If a designated agency ethics official or his designee receives a Report. report required by subsection (b) or a request for advice from a covered defense official relating to a contact described in such subsection, the designated agency ethics official or his designee may issue a written opinion regarding the necessity of a covered defense official to file a report or disqualify himself from participation in certain procurement functions, as the case may be. "(f) A covered defense official should request the advice of his supervisor and the appropriate designated agency ethics official (or his designee) on matters to which this section applies.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2397 the following new item: "2397a. Requirements relating to private employment contacts between certain Department of Defense procurement officials and defense contractors.". (b) EFFECTIVE DATE.—The amendments made by subsection (a)

10 USC 2397a

shall take effect with respect to contacts (referred to in section 2397a note. of title 10, United S t a t ^ Code, as added by subsection (a) of this section) made on or after the date of enactment of this Act. SEC. 924. MANAGEMENT OF DEPARTMENT OF DEFENSE PROCUREMENT PERSONNEL (a) REQUIREMENTS FOR EDUCATION, TRAINING, AND EXPERIENCE.—

(1) Part II of subtitle A of title 10, United States (Dode, is amended by adding at the end thereof the following new chapter: "CHAPTER 85—PROCUREMENT MANAGEMENT PERSONNEL "Sec "1621. Definitions. "1622. Education, training, and experience requirements: program managers. "1623. Education, training, and experience requirements: general and flag officers. "1624. Training program: quality assurance personnel. 10 USC 1621. "§ 1621. Definitions "In this chapter: "(1) 'Program manager' means an officer or employee of the Department of Defense or member of the armed forces assigned by the Secretary of a military department to have overall responsibility for acquisitions under a major defense acquisition program. "(2) 'Procurement command' means the Army Materiel Command, the systems commands of the Navy, the Air Force Systems Command, or Air Force Logistics Command (or any successor organization of any such command).

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