To restrict acceptance of compensation for contractor employment of certain executive branch policy-makers after termination of service in the positions to which appointed.

1. Adds SEC. 805. PROHIBITION RELATING TO ACCEPTANCE OF COMPENSATION BY FORMER SENIOR OFFICIALS FOR CONTRACTOR EMPLOYMENT on page 158, between lines 6 and 7

   Adds a sectionPrinted page

   Inserted: SEC. 805. PROHIBITION RELATING TO ACCEPTANCE OF COMPENSATION BY FORMER SENIOR OFFICIALS FOR CONTRACTOR EMPLOYMENT.

   Inserted: (a) Prohibition.--Section 27(d) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(d)) is amended--

   Inserted: (1) by striking paragraph (2) and inserting the following:

   Inserted: "(2)(A) A person who has served in a position described in subparagraph (B) may not accept compensation from a contractor as an employee, officer, director, or consultant of a contractor for the period applicable under subparagraph (C) or for any work performed during such period if that person, while serving in the position described in subparagraph (B), engaged in the performance of any official duties described in subparagraph (D) that resulted in a financial benefit for such contractor.

   Inserted: "(B) Subparagraph (A) applies to the following persons:

   Inserted: "(i) A person who has served in an office of the executive branch to which appointed by the President.

   Inserted: "(ii) A person who has served in a Senior Executive Service position.

   Inserted: "(iii) A person who has served in a position in the executive branch in a grade above grade GS-12 under the General Schedule.

   Inserted: "(iv) A commissioned officer of the uniformed services who has served in a position involving the performance of official duties described in subparagraph (D).

   Inserted: "(C) The period applicable under subparagraph (A) to a person who formerly served in a position described in subparagraph (B) is the two-year period beginning on the date on which the employment or assignment of that person in that position terminated.

   Inserted: "(D) Subparagraph (A) applies, in the case of a person who served in a position described in paragraph (B), with respect to--

   Inserted: "(i) each procurement program of the United States that such person supervised or administered, or for which such person was involved in prescribing any of the requirements to be met by such procurement, in the performance of official duties while serving in such position;

   Show 21 more inserted paragraphsShow less

   Inserted: "(ii) each procurement policy of the United States that such person prescribed or administered in the performance of official duties while serving in such position; and

   Inserted: "(iii) each procurement policy of the United States on which such person, in the performance of official duties, contributed recommendations in the formulation of such policy."; and

   Inserted: (2) by adding at the end the following new paragraphs:

   Inserted: "(6)(A) As a condition for employment or assignment of a person in a Federal Government position described in paragraph (1) or paragraph (2)(B), that person shall enter into an agreement with the Director of the Office of Government Ethics to comply with the restriction on acceptance of compensation provided in paragraph (1) or (2), respectively. The agreement shall include a clause that requires the person, upon separation from active service in the Federal Government, to file with the Office of Government Ethics a declaration of all programs, projects, activities, and (in the case of a person to whom paragraph (2) applies) policies on which the person performed official duties that disqualify such person from accepting compensation from affected contractors under paragraph (1) or (2), and the dates on which the person performed work on such programs, projects, activities, and policies.

   Inserted: "(B) Before accepting a position as an employee, officer, director, or consultant of a contractor, a person referred to in subparagraph (A) shall provide the contractor with a copy of the declaration filed by that person with the Office of Government Ethics under such subparagraph. The person may not accept the position unless an officer of the contractor authorized to do so executes an acknowledgement of receipt of the declaration (including an acknowledgement of receipt of notice of the programs, projects, activities, and policies set forth in that declaration) and the contractor complies with the requirement in subparagraph (C).

   Inserted: "(C) Promptly after executing an acknowledgement under subparagraph (B), the contractor shall file the contractor's acknowledgement with the Office of Government Ethics. A contractor that fails to file such an acknowledgement promptly shall be subject to penalties and administrative actions as set forth in subsection (e).

   Inserted: "(D) The Director of the Office of Government Ethics shall make available to the public all declarations filed under subparagraph (A) and all acknowledgements filed under subparagraph (C).

   Inserted: "(E) Promptly after the end of each half of a fiscal year, the Director of the Office of Government Ethics shall submit to Congress a report on the declarations and acknowledgements received under subparagraphs (A) and (C) during such half of a fiscal year. The report shall include the following information:

   Inserted: "(i) A summary of the information included in the declarations and acknowledgements.

   Inserted: "(ii) A summary of the programs, projects, activities, and policies identified in such declarations and acknowledgements as being those on which the persons filing such declarations have performed official duties as described in subparagraph (D), displayed by executive agency in which the persons performed such duties and by the grade of the persons when performing such duties.

   Inserted: "(iii) The number of such persons who are employed by contractors, displayed by executive agency in which such persons performed official duties as described in subparagraph (D) and by grade of the persons when performing such duties.

   Inserted: "(7) In this subsection:

   Inserted: "(A) The term 'contractor' includes any division or affiliate of the contractor.

   Inserted: "(B) The term 'compensation' includes deferred compensation.

   Inserted: "(C) The term 'procurement policy' means a policy prescribed in the implementation of laws that are implemented through the Federal Acquisition Regulation.

   Inserted: "(D) The term 'procurement program' means any program, project, or activity for the procurement of property or services to which the Federal Acquisition Regulation applies.

   Inserted: "(E) The term 'Senior Executive Service position' has the meaning given such term in section 3132(2) of title 5, United States Code.

   Inserted: "(F) The term 'uniformed services' has the meaning given such term in section 101(a)(5) of title 10, United States Code.".

   Inserted: (b) Increased Period of Prohibition for Other Procurement Personnel.--Paragraph (1) of such section 27(d) is amended by striking "one year" and inserting "two years".

   Inserted: (c) Effective Date and Applicability.--(1) This section and the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to service in positions in the Federal Government that ends on or after such date.

   Inserted: (2) In the case of a person who, on the date of the enactment of this Act, is serving in a position in the executive branch referred to in subparagraph (A) of paragraph (6) of section 27(d) of the Office of Federal Procurement Policy Act (as added by subsection (a)), the agreement required by subparagraph (B) of such paragraph shall be executed not later than 30 days after such date.

   Original wording

   On page 158, between lines 6 and 7, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed