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

Subtitle F—Industrial Base MattersSubtitle

P. L. 117-81

Joint Explanatory Statement

(a) Briefing Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees with a briefing on the progress of the Department in ensuring compliance with the requirements of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 971 note prec; Public Law 115-91; 131 Stat. 155).

(b) Elements.--The briefing required in paragraph (a) shall include--

(1) the number, title, and status of any open Defense Federal Acquisition Regulation Supplement case relating to such section;

(2) the timeline for closing any such Defense Federal Acquisition Regulation Supplement case; and

(3) other related matters the Secretary deems appropriate.

The House bill contained a provision (sec. 823) that would require the Secretary of Defense, not later than 180 days after the date of the enactment of this Act, to promulgate regulations requiring Department of Defense (DOD) contractors to include in
bids and proposals a representation that individuals receiving compensation from such contractor comply with Department post-employment lobbying restrictions.

The Senate amendment contained no similar provision.

The agreement includes the House provision with technical amendments.

We note that section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) prohibits certain former senior DOD officials from engaging in lobbying activities with respect to the Department of Defense for up to 2 years after retirement or separation from service with the Department. The Government Accountability Office (GAO) noted, in a report published September 9, 2021, titled "Post-Government Employment Restrictions: DOD Could Further Enhance Its Compliance Efforts Related to Former Employees Working for Defense Contractors" (GAO-21-104311), that the Department had not yet taken action to incorporate into regulation this prohibition.

We have become aware that the Defense Acquisition Regulations Council has recently opened a case to amend the relevant clause and urge the council to act expeditiously to add language that requires contractors to represent their employees are in compliance with section 1045, in addition to the other listed post-governmental employment restrictions in order to contract with the Department.

H. R. 4350--House Report 117-118

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