Page:United States Statutes at Large Volume 120.djvu/2371

 120 STAT. 2340

PUBLIC LAW 109–364—OCT. 17, 2006

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. SEC. 852. REPORT AND REGULATIONS ON EXCESSIVE PASS-THROUGH CHARGES.

(a) COMPTROLLER GENERAL REPORT ON EXCESSIVE PASSTHROUGH CHARGES.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall issue a report on pass-through charges on contracts or subcontracts (or task or delivery orders) that are entered into for or on behalf of the Department of Defense. (2) MATTERS COVERED.—The report issued under this subsection—

VerDate 14-DEC-2004

13:05 Jul 12, 2007

Jkt 059194

PO 00002

Frm 01084

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.109

APPS06

PsN: PUBL002

�