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

Subtitle D--Acquisition Workforce Matters

P. L. 111-

House Conference Report 111-288

    (a) Review Required.--The Panel on Contracting Integrity, established pursuant to section 813 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364), shall review policies relating to post-employment restrictions on former Department of Defense personnel to determine whether such policies adequately protect the public interest, without unreasonably limiting future employment options for former Department of Defense personnel.

    (b) Matters Considered.--In performing the review required by subsection (a), the Panel shall consider the extent to which current post-employment restrictions--

    (1) appropriately protect the public interest by preventing personal conflicts of interests and preventing former Department of Defense officials from exercising undue or inappropriate influence on the Department of Defense;

    (2) appropriately require disclosure of personnel accepting employment with contractors of the Department of Defense involving matters related to their official duties;

    (3) use appropriate thresholds, in terms of salary or duties, for the establishment of such restrictions;

    (4) are sufficiently straightforward and have been explained to personnel of the Department of Defense so that such personnel are able to avoid potential violations of post-employment restrictions and conflicts of interest in interactions with former personnel of the Department;

    (5) appropriately apply to all personnel performing duties in acquisition-related activities, such as personnel involved in--

    (A) the establishment of requirements;

    (B) testing and evaluation; and

    (C) the development of doctrine;

    (6) ensure that the Department of Defense has access to world-class talent, especially with respect to highly qualified technical, engineering, and acquisition expertise; and

    (7) ensure that service in the Department of Defense remains an attractive career option.

    (c) Completion of the Review.--The Panel shall complete the review required by subsection (a) not later than one year after the date of the enactment of this Act.

    (d) Report to Committees on Armed Services.--Not later than 30 days after the completion of the review, the Panel shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the findings of the review and the recommendations of the Panel to the Secretary of Defense, including recommended legislative or regulatory changes, resulting from the review.

    (e) National Academy of Public Administration Assessment.--

    (1) Not later than 30 days after the completion of the review, the Secretary of Defense shall enter into an arrangement with the National Academy of Public Administration to assess the findings and recommendations of the review.

    (2) Not later than 210 days after the completion of the review, the National Academy of Public Administration shall provide its assessment of the review to the Secretary, along with such additional recommendations as the National Academy may have.

    (3) Not later than 30 days after receiving the assessment, the Secretary shall provide the assessment, along with such comments as the Secretary considers appropriate, to the Committees on Armed Services of the Senate and the House of Representatives.

   The House bill contained a provision (sec. 826) that would require the Department of Defense Panel on Contracting Integrity and the National Academy of Public Administration to review and assess post-employment restrictions applicable to former Department of Defense personnel.

   The Senate amendment contained no similar provision.

   The Senate recedes with a technical amendment.

House Report 111-166 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

SECTION 826--REVIEW OF POST-EMPLOYMENT RESTRICTIONS APPLICABLE TO THE DEPARTMENT OF DEFENSE

This section would require the Panel on Contracting Integrity to review policies relating to post-employment restrictions on former Department of Defense (DOD) personnel to determine whether such policies adequately protect the public interest without unreasonably limiting future employment options for these personnel. The review would consider the extent to which post-employment restrictions: (1) protect the public interest by preventing personal conflicts of interest and preventing former Department of Defense officials from exercising undue or inappropriate influence; (2) require disclosure of personnel accepting employment with defense contractors; (3) use appropriate thresholds; (4) are clear and have been explained to DOD personnel; (5) appropriately address personnel performing duties in acquisition-related activities that are not covered by current procurement integrity restrictions; (6) ensure that the Department has access to world-class talent; and (7) ensure that service in the Department remains an attractive career option. This section would require that the review be completed in one year and submitted to the Senate Committee on Armed Services and the House Committee on Armed Services within 30 days of completion. This section would also require the National Academy of Public Administration to assess the review and provide its analysis to the Secretary of Defense and to the Senate Committee on Armed Services and the House Committee on Armed Services within 210 days of receiving the review from the Secretary of Defense.