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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle E—Other Matters

JWNDAA Section

House Conference Report 109-702

(a) Report Required- Not later than December 1, 2007, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the employment of former officials of the Department of Defense by major defense contractors during the most recent calendar year for which, in the judgment of the Comptroller General, data are reasonably available. The report shall assess the extent to which former officials of the Department of Defense who served in acquisition-related positions were provided compensation by major defense contractors during such calendar year.

(b) Objectives of Report- The objectives of the report required by subsection (a) shall be to determine the effectiveness of existing statutes and regulations governing the employment of former Department of Defense officials by defense contractors, including section 207 of title 18, United States Code, and section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423). At a minimum, the report shall assess the extent to which such former officials who receive compensation from defense contractors have been assigned by those contractors to work on--

(1) Department of Defense contracts or programs for which such former officials personally had program oversight responsibility or decision-making authority when they served in the Department of Defense; or

(2) Department of Defense contracts or programs which are the responsibility of the agency, office, or command in which such former officials served in the Department of Defense.

(c) Confidentiality Requirement- The report required by subsection (a) shall not include the names of specific former Department of Defense officials who receive compensation from defense contractors or information from which such individuals could be identified.

(d) Access to Information- In accordance with the contract clause required pursuant to section 2313(c) of title 10, United States Code, a major defense contractor shall provide the Comptroller General access to information requested by the Comptroller General for the purpose of this review regarding former officials of the Department of Defense who have received compensation from the contractor during the relevant calendar year.

(e) Definitions- In this section:

(1) MAJOR DEFENSE CONTRACTOR- The term `major defense contractor' includes any company that received more than $500,000,000 in contract awards from the Department of Defense in fiscal year 2005.

(2) FORMER DEPARTMENT OF DEFENSE OFFICIAL- The term `former Department of Defense official' means either of the following:

(A) A former Department of Defense employee.

(B) A former or retired member of the Armed Forces.

The Senate amendment contained a provision (sec. 841) that would require contractors that receive defense contracts in excess of $10.0 million, other than contracts for the procurement of commercial items, to report to the Department of Defense on an annual basis on certain former senior Department officials who receive compensation from the contractor.

The House bill contained no similar provision.

The House recedes with an amendment that would require the General Accountability Office to report to Congress by December 1, 2007, on the employment of former Department officials by major defense contractors during the most recent calendar year for which data is available. The objective of the report would be to determine the effectiveness of existing statutes and regulations governing the employment of former Department officials by defense contractors, including section 207 of title 18, United States Code and section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423). The report would provide information on Department contracts or programs for which former officials personally had program oversight responsibility or decisionmaking authority when they served in the Department; or Department contracts or programs which are the responsibility of the agency, office, or command with which the official served.

Senate Armed Services Committee Report 109-254

The committee recommends a provision that would require contractors that receive defense contracts in excess of $10.0 million, other than contracts for the procurement of commercial items, to report to the Department of Defense on an annual basis on certain former senior Department officials who receive compensation from the contractor. A former Department official who is identified in one contractor report would not have to be identified in subsequent annual reports. The Government Accountability Office reported that the monitoring of former Department employees who take positions with defense contractors is limited. The committee concludes that additional information is required to ensure the effectiveness of the Department's ethics program.