12 2 STA T . 2 43PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 evid e nc ein a n y den o vo ac t ion at l a w o r e qu ity b rou gh t p ur s uant to this subsection .’ ’. ( d )DEFIN I T I O N S . —S ubsection (e) o f such section is a m ended— ( 1 ) in paragraph ( 4 ) , by inserting ‘ ‘or a grant’’ after ‘‘a contract’’
and ( 2 ) by inserting before the period at the end the following
‘‘and any I nspector G eneral that receives funding from, or has oversight over contracts awarded for or on behalf of, the Sec - retary of Defense’’. SEC.847 . R E QUI RE M E NT S FO R SENIOR D E PA RTMENT OF DEFENSE OFFICIA L S SEE K IN G EMPLO Y MENT W IT H DEFENSE CON - TRACTORS. (a) R E QU I R E M ENT TO SEE KA N DOB TAIN W RITTEN O P INION.— (1) REQUEST.— A n official or former official of the Depart- ment of Defense described in subsection (c) who, within two years after leaving service in the Department of Defense, e x pects to receive compensation from a Department of Defense contractor, shall, prior to accepting such compensation, request a written opinion regarding the applicability of post-employ- ment restrictions to activities that the official or former official may underta k e on behalf of a contractor. (2) SUBMISSION OF REQUEST.—A request for a written opinion under paragraph (1) shall be submitted in writing to an ethics official of the Department of Defense having respon- sibility for the organi z ation in which the official or former official serves or served and shall set forth all information relevant to the request, including information relating to government positions held and ma j or duties in those positions, actions taken concerning future employment, positions sought, and future job descriptions, if applicable. ( 3 ) WRITTEN OPINION.— N ot later than 3 0 days after receiving a request by an official or former official of the Depart- ment of Defense described in subsection (c), the appropriate ethics counselor shall provide such official or former official a written opinion regarding the applicability or inapplicability of post-employment restrictions to activities that the official or former official may undertake on behalf of a contractor. (4) C ONTRA C TOR REQUIREMENT.—A Department of Defense contractor may not knowingly provide compensation to a former Department of Defense official described in subsection (c) within two years after such former official leaves service in the Depart- ment of Defense, without first determining that the former official has sought and received (or has not received after 30 days of seeking) a written opinion from the appropriate ethics counselor regarding the applicability of post-employment restrictions to the activities that the former official is expected to undertake on behalf of the contractor. ( 5 ) ADMINISTRATI V E ACTIONS.—In the event that an official or former official of the Department of Defense described in subsection (c), or a Department of Defense contractor, know- ingly fails to comply with the requirements of this subsection, the Secretary of Defense may take any of the administrative actions set forth in section 2 7 (e) of the Office of F ederal P rocure- ment Policy Act (41 U .S.C. 423(e)) that the Secretary of Defense determines to be appropriate. (b) RECORDKEEPIN G REQUIREMENT.— Deadlin e .10USC 1 7 01 n ot e.
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