S.Amdt. 5321

1. Adds SEC. 834. ETHICS ENHANCEMENTS FOR DEPARTMENT OF DEFENSE CONTRACTORS at the end of subtitle D of title VIII

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   (c) Contractor Defined.--In this section, the term "contractor" has the meaning given that term in section 2409(e)(4) of title 10, United States Code.

   Inserted: SEC. 834. ETHICS ENHANCEMENTS FOR DEPARTMENT OF DEFENSE CONTRACTORS.

   Inserted: (a) Inapplicability of Separate Statutory Agency or Bureau Designations to Senior Military Personnel.--Section 207(h)(2) of title 18, United States Code, is amended by striking "or (iii)" and inserting ", (iii), or (iv)".

   Inserted: (b) Assurance of Contractor Compliance With Post-Employment Ethics Restrictions.--

   Inserted: (1) In general.--Section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 243; 10 U.S.C. 1701 note) is amended--

   Inserted: (A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and

   Inserted: (B) by inserting after subsection (a) the following new subsection (b):

   Inserted: "(b) Contractor Assurance of Compliance With Post-Employment Restrictions.--

   Inserted: "(1) Assurance at time of bid, offer, or proposal for contract.--Each person or entity making a bid, offer, or proposal for a contract with the Department of Defense, or an interagency contractual agreement using Department of Defense funds, to which post-employment restrictions apply shall certify to the Department of Defense at the time of the bid, offer, or proposal for such contract that each former official of the Department of Defense described in subsection (d) who is receiving compensation from such person or entity and is covered by such restrictions with respect to such contract is fully in compliance with such restrictions with respect to such contract.

   Inserted: "(2) Assurance at award of contract.--Each person or entity awarded a contract with the Department of Defense, or an interagency contractual agreement using Department of Defense funds, to which post-employment restrictions apply shall certify to the Department of Defense at the time of the award of such contract the following:

   Inserted: "(A) That each former official of the Department of Defense described in subsection (d) who is receiving compensation from such person or entity and is covered by such restrictions with respect to such contract is fully in compliance with such restrictions with respect to such contract.

   Inserted: "(B) The name of each former official of the Department of Defense described by subparagraph (A) with respect to such contract.".

   Inserted: (2) Recordkeeping.--Subsection (c) of such section, as redesignated by paragraph (1)(A) of this subsection, is amended--

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   Inserted: (A) by redesignating paragraph (2) as paragraph (5); and

   Inserted: (B) by striking paragraph (1) and inserting the following new paragraphs:

   Inserted: "(1) Database.--The Department of Defense shall maintain in a central database or repository the following:

   Inserted: "(A) Each request for a written opinion made pursuant to subsection (a), and each written opinion provided pursuant to such a request.

   Inserted: "(B) Each certification submitted pursuant to subsection (b)(1).

   Inserted: "(C) Each certification submitted pursuant to subsection (b)(2).

   Inserted: "(2) Deadline for incorporation into database.--Any certification received by the Department as described in subparagraph (B) or (C) of paragraph (1) and any written opinion issued by the Department as described in subparagraph (A) of such paragraph shall be incorporated into the central database or repository required by that paragraph not later than seven days after receipt, or issuance, by the Department.

   Inserted: "(3) Period of retention.--The Department shall maintain information in the database or repository as follows:

   Inserted: "(A) In the case of a written opinion provided as described in paragraph (1)(A), for not less than five years after the date of the provision of such opinion.

   Inserted: "(B) In the case of a certification submitted as described in paragraph (1)(B), for not less than five years after the date of the submittal of such certification.

   Inserted: "(C) In the case of a certification submitted as described in paragraph (1)(C), for not less than five years after the date of the submittal of such certification.

   Inserted: "(4) Public access to information.--The Secretary of Defense shall make information in the database or repository available to the public in such form and manner, and subject to such restrictions or limitations, as the Secretary shall provide.".

   Inserted: (3) Conforming amendments.--Such section is further amended by striking "subsection (c)" each place it appears and inserting "subsection (d)".

   Original wording

   At the end of subtitle D of title VIII, add the following:

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As printed