Pub. L. 91-121, tit. IV, sec. 410

Sec. 410. (a) As used in this section— (1) The term “former military officer” means a former or retired commissioned officer of the Armed Forces of the United States who— (A) served on active duty in the grade of major (or equivalent) or above, and (B) served on active duty for a period of ten years or more. (2) The term “former civilian employee” means any former civilian officer or employee of the Department of Defense, including consultants or part-time employees, whose salary rate at any time during the three-year period immediately preceding the termination of his last employment with the Department of Defense was equal to or greater than the minimum salary rate at such time for positions in grade GS–13. 83 Stat. 211 (3) The term “defense contractor” means any individual, firm, corporation, partnership, association, or other legal entity, which provides services and materials to the Department of Defense under a contract directly with the Department of Defense. (4) The term “services and materials” means either services or materials or services and materials and includes construction. (5) The term “Department of Defense” means all elements of the Department of Defense and the military departments. (6) The term “contracts awarded” means contracts awarded by negotiation and includes the net amount of modifications to, and the exercise of options under, such contracts. It excludes all transactions amounting to less than $10,000 each. (7) The term “fiscal year” means a year beginning on 1 July and ending on 30 June of the next succeeding year. (b) Under regulations to be prescribed by the Secretary of Defense: (1) Any former military officer or former civilian employee who during any fiscal year, (A) was employed by or served as a consultant or otherwise to a defense contractor for any period of time, (B) represented any defense contractor at any hearing, trial, appeal, or other action in which the United States was a party and which involved services and materials provided or to be provided to the Department of Defense by such contractor, or (C) represented any such contractor in any transaction with the Department of Defense involving services or materials provided or to be provided by such contractor to the Department of Defense, shall file with the Secretary of Defense, in such form and manner as the Secretary may prescribe, not later than November 15 of the next succeeding fiscal year, a report containing the following information: (1) His name and address. (2) The name and address of the defense contractor by whom he was employed or whom he served as a consultant or otherwise. (3) The title of the position held by him with the defense contractor. (4) A brief description of his duties and the work performed by him for the defense contractor. (5) His military grade while on active duty or his gross salary rate while employed by the Department of Defense, as the case may be. (6) A brief description of his duties and the work performed by him while on active duty or while employed by the Department of Defense during the three-year period immediately preceding his release from active duty or the termination of his civilian employment, as the case may be. (7) The date on which he was released from active duty or the termination of his civilian employment with the Department of Defense, as the case may be, and the date on which his employment, as an employee, consultant, or otherwise with the defense contractor began and, if no longer employed by such defense contractor, the date on which such employment with such defense contractor terminated. (8) Such other pertinent information as the Secretary of Defense may require. (2) Any employee of the Department of Defense, including consultants or part-time employees, who was previously employed by or served as a consultant or otherwise to a defense contractor 83 Stat. 212in any fiscal year, and whose salary rate in the Department of Defense is equal to or greater than the minimum salary rate for positions in grade GS–13, shall file with the Secretary of Defense, in such form and manner and at such times as the Secretary may prescribe, a report containing the following information: (1) His name and address. (2) The title of his position with the Department of Defense. (3) A brief description of his duties with the Department of Defense. (4) The name and address of the defense contractor by whom he was employed or whom he served as a consultant or otherwise. (5) The title of his position with such defense contractor. (6) A brief description of his duties and the work performed by him for the defense contractor. (7) The date on which his employment as a consultant or otherwise with such contractor terminated and the date on which his employment as a consultant or otherwise with the Department of Defense began thereafter. (8) Such other pertinent information as the Secretary of Defense may require. (c)(1) No former military officer or former civilian employee shall be required to file a report under this section for any fiscal year in which he was employed by or served as a consultant or otherwise to a defense contractor if the total amount of contracts awarded by the Department of Defense to such contractor during such year was less than $10,000,000; and no employee of the Department of Defense shall be required to file a report under this section for any fiscal year in which he was employed by or served as a consultant or otherwise to a defense contractor if the total amount of contracts awarded to such contractor by the Department of Defense during such year was less than $10,000,000. (2) No former military officer or former civilian employee shall be required to file a report under this section for any fiscal year on account of active duty performed or employment with or services performed for the Department of Defense if such active duty or employment was terminated three years or more prior to the beginning of such fiscal year; and no employee of the Department of Defense shall be required to file a report under this section for any fiscal year on account of employment with or services performed for a defense contractor if such employment was terminated or such services were performed three years or more prior to the effective date of his employment with the Department of Defense. (3) No former military officer or former civilian employee shall be required to file a report under this section for any fiscal year during which he was employed by or served as a consultant or otherwise to a defense contractor at a salary rate of less than $15,000 per year; and no employee of the Department of Defense, including consultants or part-time employees, shall be required to file a report under this section for any fiscal year during which he was employed by or served as a consultant or otherwise to a defense contractor at a salary rate of less than $15,000 per year. (d) The Secretary of Defense shall, not later than December 31 of each year, file with the President of the Senate and the Speaker of the House of Representatives a report containing a list of the names of persons who have filed reports with him for the preceding fiscal year pursuant to subsections (b)(1) and (b)(2) of this section. The Secretary shall include after each name so much information as he 83 Stat. 213deems appropriate and shall list the names of such persons under the defense contractor for whom they worked or for whom they performed services. (e) Any former military officer or former civilian employee whose employment with or services for a defense contractor terminated during any fiscal year shall be required to file a report pursuant to subsection (b)(1) of this section for such year if he would otherwise be required to file under such subsection; and any person whose employment with or services for the Department of Defense terminated during any fiscal year shall be required to file a report pursuant to subsection (b)(2) of this section for such year if he would otherwise be required to file under such subsection. (f) The Secretary shall maintain a file containing the information filed with him pursuant to subsections (b)(1) and (b)(2) of this section and such file shall be open for public inspection at all times during the regular workday. (g) Any person who fails to comply with the filing requirements of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by not more than six months in prison or a fine of not more than $1,000, or both. (h) No person shall be required to file a report pursuant to this section for any fiscal year prior to the fiscal year 1971.