during such year, received $10 million or more in defense contract awards, and

(ii) Is employed by the defense prime contractor at a salary rate of $15,000 or more per year.

(b) Any former DOD civilian officer or employee (including consultants and part time employees) who:

(1) At any time during the 3-year period immediately preceding the termination of last employment with DOD was paid at a rate equal to or greater than the minimum rate (at such time) for a grade GS-13; and

(2) During any part of any fiscal year beginning with fiscal year 1971:

(i) Is employed by or performed services for a defense prime contractor who, during such year received $10 million or more in defense contract awards, and

(ii) Is employed by the defense prime contractor at a salary rate of $15,000 or more per year.

(c) Any DOD civilian officer or employee (including consultants and part time employees) who:

(1) During any part of any fiscal year beginning with fiscal year 1971 is employed by DOD at a salary rate equal to or greater than the minimum rate for a grade GS-13; and

(2) Was previously employed by or performed services, during any fiscal year, for a defense prime contractor who, during such year, received $10 million or more in defense contract awards; and

(3) Was employed by the defense prime contractor at a salary rate of $15,000 or more per year.

(d) The following categories of perare exempt from the reporting requirements:

sons

(1) Retired military officers, former military officers, and former civilian officers and employees are not required to file a report of employment with a defense contractor for such employment during a fiscal year that begins 3 years or more after their extended active duty or employment with the DOD

terminated.

(2) DOD civilian officers and employees are not required to file a report for a fiscal year on account of previous employment with a defense contractor if such employment was terminated 3 or more years prior to the beginning of such fiscal year.

(e) Reports submitted in accordance with this part will be forwarded as follows:

(1) Retired military officers, and former military officers-to the Secretary of the Military Department of which they are or were a member.

(2) Former civilian officers and employees to the Secretary of Military Department, or the Director of the Defense Agency by which they were employed. In the case of civilian officers or employees of the Office of the Secretary of Defense or the Joint Chiefs of Staffto the Assistant Secretary of Defense (Administration).

(a) The Assistant Secretary of Defense (Comptroller) will prepare a listing of the defense contractors who received $10 million or more in negotiated contracts awarded in each fiscal year and cause that listing to be published in the FEDERAL REGISTER not later than September 15 following the end of the fiscal year; in addition a listing will also be published covering FY's 1968 and 1969 (see § 166.11).

(b) The Assistant Secretary of Defense (Manpower and Reserve Affairs) will:

(1) Receive the lists and reports submitted as provided in § 166.7(b). A copy of such reports will be maintained for 3 years and will be available for public inspection at all times during normal working hours; and

(2) Submit not later than December 31, 1971, and each December 31 thereafter a letter transmitting to the President of the Senate and the Speaker of the House of Representatives a list prepared in accordance with the format prescribed in § 166.10 of the names of all persons who have filed such reports for the preceding fiscal year in compliance with this part, and a copy of each such report.

(c) The Assistant Secretary of Defense (Administration), the Secretaries of the Military Departments, and the Directors of the Defense Agencies will:

(1) Except as provided in (3) below, notify each person in the categories described in § 166.4 (a), (b), and (c) above of the requirements of this part and Public Law 91-121, sec. 410, and provide to each such person a copy of this part or implementing Military Service or Defense Agency regulations together with a supply of the forms prepared in accordance with the reporting format as set out in § 166.9. In the case of personnel being separated or retired this notification will be included in the exit interview or separation counselling procedures. Civilian personnel who become subject to the reporting requirement on initial employment will be notified of this reporting requirement during the entrance orientation. Civilian personnel who become subject to the reporting requirement by virtue of a promotion or step increase after initial employment will be notified of the reporting requirement at the time of such promotion or step increase.

(2) Review reports as described below and furnish these reports and the list referred to in § 166.7 to the Assistant Secretary of Defense (Manpower and Reserve Affairs), by November 30 of each year, beginning in 1971.

(3) It is recognized that personal notification of each affected former military officer and civilian employee who was separated before the publication of this part is not feasible. However, intensive information efforts will be undertaken, using all appropriate channels with the objective of bringing the requirements of Public Law 91-121 and this part to the attention of all such former personnel.

In the case of military personnel, the actions prescribed by this paragraph will be taken by the Military Department concerned for all affected military personnel of that department, even though the member's last assignment was with another department or agency.

§ 166.6 Other reporting requirements. The reporting requirements prescribed by this part are in addition to the re

ports required from Retired Regular officers (DD Form 1357) and the statements of employment and financial interests required of certain civilian employees and active duty military officers (DD Forms 1555 and 1555-1) under the provisions of Part 40 of this title.

§ 166.7 Review of and disposition of the forms submitted by former and present personnel.

(a) The Assistant Secretary of Defense (Administration), the Secretaries of the Military Departments and the Directors of the Defense Agencies will establish procedures to review the forms submitted by former and present personnel in accordance with the terms of this part to determine whether:

(1) Each form as submitted is in fact required under the terms of the part.

(2) All required information has been furnished.

(3) The information as submitted indicates the possibility of a violation of law or part.

If there is any indication that a law or part may have been violated, the matter will be referred to the appropriate authority of the office, Department or Agency concerned to determine the action which should be taken.

(b) Not later than November 30 of each year, the Assistant Secretary of Defense (Administration), the Secretaries of the Military Departments, and the Directors of the Defense Agencies will forward to the Assistant Secretary of Defense (Manpower and Reserve Affairs):

(1) A listing of the names of individuals submitting reports segregated by the defense contractor by whom now or formerly employed, or for whom they performed services. The list will be prepared in accordance with the format prescribed in § 166.10.

(2) Two copies of each report. Submitted in accordance with § 166.4. Not later than December 31, thereafter, the Assistant Secretary of Defense (Manpower and Reserve Affairs), will forward a copy of all such listings and reports to the President of the Senate and the Speaker of the House of Representatives as prescribed in § 166.5 (b) (2).

58-112-76- -24

4. For the purpose of this reporting requirement:

(a) A "retired officer" is one who is presently entitled to receive military retired pay even though he may have waived such pay;

(b) A Reserve officer, not on active duty who is not a "retired officer" as defined in (a), is a "former officer" for the purpose of this report even though he currently holds a commission in a Reserve component; and

(c) Persons formerly in GS-13 and above are subject to the filing requirement. In addition persons formerly in the Civil Service including Wage Board employees, employees in the lower General Schedule grades, Public Law 313 categories, consultants, and persons in the Executive levels whose rates of pay on an annual basis would have equaled or exceeded the amounts set forth in the following years are subject to the filing requirement.

8. Include sufficient detail to clearly identify employing agency.

9. If more than one position held give position title and brief description of work performed for each position.

10. Give sufficient detail to permit clear understanding of work actually being performed.

11, 12, 13. Self explanatory.

14. Give sufficient information to clearly identify the Defense Contractor. If employed by more than one, list each.

15. If employed by, or served as a consultant to more than one defense contractor, give inclusive dates for each.

(a) Engineering and technical services. Those services which provide advice, instruction and training in the installation, operation and maintenance of weapons, equipment and systems used by DoD components. These services are provided by qualified DoD military and civilian personnel, and by employees of commercial or industrial companies.

(b) DoD engineering and technical services specialists. DoD military and civilian personnel technically qualified to provide advice, instruction and training in the installation, operation and maintenance of DoD weapons, equipment, and systems.

(c) Contractor engineering and technical services. Those services performed by commercial or industrial companies which provide advice, instruction and training to DoD personnel in the installation, operation and maintenance of DoD weapons, equipment and systems. These services include transmitting the knowledge necessary to develop among these DoD personnel the technical skill capability required for installing, maintaining and operating such equipment in a high state of military readiness. Contractor Engineering and Technical Services consist of:

(1) Contract plant services (CPS). Those engineering and technical services provided to DoD personnel by a manufacturer of military equipment or components. These services are provided in the plants and facilities of the manufacturer by trained and qualified engineers and technicians employed by the manufacturer. The specialized skills,

1 Filed as part of original; single copies available at The Naval Supply Depot, 5801 Tabor Avenue, Philadelphia, Pa. 19120, Attention: Code 300.

knowledge, experience and technical data of the manufacturer are contracted for by DoD components for the purposes of acquiring system and component knowledge, training and training aid programs, and other essential engineering and technical services relating directly to the development among DoD personnel of the technical skills capability required for installing, maintaining, and operating such equipment.

(2) Contract field services (CFS). Those engineering and technical services provided to DoD personnel by commercial or industrial companies on site at defense locations by trained and qualified engineers and technicians. CFS personnel must possess specialized knowledge, experience and skills, or have access to information covering the installation, operation and maintenance of DoD weapons equipment and systems. Contractors providing field service personnel must have adequate staff, finances, and organization and technical capability to assure the economical and competent performance of their contracts.

(3) Field service representative (FSR). An Employee of a manufacturer of military equipment or components who provides a liaison or advisory service between his company and the military users of his company's equipment or components. This service is an important element in providing a technical communication channel between the producer and the military field user.

The introduction into inventory of new and complex weapons, equipment and systems with special operational capabilities and peculiar technical characteristics requires the transmittal of technical know-how from producer to DoD personnel and the continuation of technical support and communication between the producer and user for a period of time until the user becomes capable of maintaining and operating the equipments and systems. The period of time is dependent upon such factors as: (a) The advancement in technical design; (b) stability of design; (c) changes in the operational mission or concept; and (d) the time between development, systems analysis, training program development, production and deployment. This period of time covers the design phase, the fabrication phase, the test phase and the