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The National Defense Authorization Act of 2008, Public Law 110-181, section 847, required that the following officials must request, and the ethics officials must provide, a post-government employment opinion for current or former SES, general or flag officers paid at 0-7 or above, procurement officials set forth in 41 U.S.C. § 2101, and those officials in an Executive Schedule position under subchapter II of chapter 53 of title 5, United States Code, who personally and substantially participated in an acquisition in excess of $10,000,000 during the last two years of their federal tenure, and, within one year after leaving service in the Department, expect to receive compensation from a defense contractor.
These opinions must be rendered by the appropriate ethics official within 30 days after receiving a complete request. The final opinion must be retained in a central database for not less than five years. The Inspector General shall conduct periodic reviews to ensure opinions are provided and retained.
The central database is known as AGEAR, After Government Employment Advisory Repository, and was established within the Financial Disclosure Management (FDM) system.
Current or former DoD officials seeking post-Government employment advice or an opinion should always check with ethics counsel prior to submitting a request in AGEAR to avoid unnecessary or duplicative effort. Ethics counsel will advise employees whether submission in AGEAR is required.
If submission in AGEAR is required, a request for a post-government employment opinion must be submitted in AGEAR at: www.fdm.army.mil/AGEAR (no CAC required). Note that a key component to receiving a valid opinion letter is a description of the anticipated duties with a prospective employer, and therefore, requests must not be submitted in AGEAR until the employee has a valid offer of employment identifying specific job duties. Further information about the criteria and use of the system can be found on the AGEAR website.