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1 of the officer, employee, or member by the contractor, the offi

2 cer, employee, or member shall

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(A) promptly report the contact to the officer, employee, or member's supervisor and to the designated ethics official of the agency in which the officer, employee, or member is serving;

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(B) promptly report (as part of the report under

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subparagraph (A) or as a separate report) when contacts with the contractor concerning such compensation have been terminated without agreement or commitment to future compensation of the officer, employee, or

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member by the contractor; and

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(C) disqualify himself from all participation in the performance of procurement functions relating to contracts with that contractor until a report described

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in subparagraph (B) is made with respect to such

18 (2) If an officer, employee, or member serving in a posi19 tion with respect to which an exemption is in effect under 20 subsection (g)(2) fails to disqualify himself as required by 21 paragraph (1)(C) with respect to procurement functions relat

22 ing to contracts of a contractor, subsection (a) applies to ac

23 ceptance of compensation by that officer, employee, or

24 member from that contractor.

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1

(d) NOTICE TO OFFICERS AND EMPLOYEES LEAVING

2 DOD SERVICE.—(1) The Secretary of Defense shall give 3 the notice described in paragraph (2) to each officer and em

4 ployee of the Department of Defense and each member of the

5 Armed Forces

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(A) who after the effective date of this section is

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separated from service in the Department of Defense;

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and

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(B) who during the two-year period before that 10 separation served in a position in the Department that 11 included significant responsibility for a procurement 12 function and that was identified by the Secretary of 13 Defense under subsection (g)(1). 14 (2) A notice required by paragraph (1) shall provide the 15 individual receiving the notice16

(A) a written explanation of the provisions of this

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(B) the name of each contractor from whom such

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individual is prohibited from accepting compensation under this section during the two-year period following

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such separation from service in the Department of

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(e) CONTRACTOR REPORTS.-(1)(A) Each contractor

24 subject to a contract term described in subsection () shall

25 submit to the Secretary of Defense not later than April 1 of

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1 each year a report covering the previous calendar year. Each 2 such report shall list the name of each individual (together 3 with other information adequate for the Government to iden4 tify the individual) who is a former Department of Defense 5 officer or employee, or a former or retired member of the

6 Armed Forces, who

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(i) was provided compensation by that contractor during the preceding calendar year, if such compensation was provided within two years after such officer, employee, or member left service in the Department of

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Defense; and

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(i) show each agency in which the individual was employed or served on active duty during the last two years of such individual's service in the Government;

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(ii) show the individual's job titles during the last two years of such individual's service in the

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Government;

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(iii) contain a full and complete description of the duties of the individual during the last two years of

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such service; and

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1

(iv) contain a description of the duties (if any) that the individual is performing on behalf of the

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3

contractor.

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(C) The first such report shall be submitted not later

5 than April 1, 1987.

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(2) The Secretary of Defense shall review each report

7 under paragraph (1) to assess the report for accuracy and 8 completeness and for the purpose of identifying possible viola9 tions of subsection (a) or (b) or paragraph (1). The Secretary 10 shall report any such possible violation to the Attorney

11 General.

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(3) Whoever fails to file a report required by paragraph

13 (1) shall be fined not more than $10,000.

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(1) REVIEW BY DIRECTOR OF OFFICE OF GOVERN

15 MENT ETHICS.—The Director of the Office of Government

16 Ethics shall have access to the reports submitted under sub

17 section (e) (1) and shall conduci an annual random review of

18 the reports for violations of subsections (a), (b), and (e)(1).

19 The Director shall submit a report to Congress not later than

20 October 1 of each year on the operation of this section, in21 cluding the findings of the Director based on the examination 22 of reports for the preceding calendar year. 23 (g) COVERED Positions.—(1) Not later than 180

24 days after the date of the enactment of this Act, the Secretary 25 of Defense shall prescribe and publish in the Federal Regis

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1 ter regulations identifying those positions within the Depart2 ment of Defense that have as their primary duty the manage3 ment, direction, oversight, or justification, with respect to a 4 particular product or service, of

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(E) auditing; or

(F) acquisition. (2) Positions identified under paragraph (1) shall in

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12 clude as a minimum each position with respect to a contract

13 or program14

(A) as the program manager or deputy program

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(C) as a member of a source-selection evaluation

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board or of the technical and cost teams advising the

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board or as the official responsible for approval of a

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sole-source contract;

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(D) as the head of the system's program office;

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(E) as the source selection authority for the