[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[Senate]
[Page S3584]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4510. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 399C. MANAGEMENT OF CERTAIN LITIGATION ON BEHALF OF 
                   INDEMNIFIED PRIVATE CONTRACTORS.

       (a) In General.--In cases where litigation between an 
     indemnified Department of Defense contractor and a member of 
     the Armed Forces exceeds a period of two years without final 
     judgement or settlement, and where the Department has a 
     contractual right to take charge of the litigation on behalf 
     of the contractor, the Department shall exercise that right. 
     In doing so, the Department shall ensure the fiscal burden on 
     taxpayers is minimized by avoiding lengthy and expensive 
     litigation, while simultaneously resolving the claim in a way 
     that meets the Department's obligations to members of the 
     Armed Forces and their families in a fair and timely manner.
       (b) Indemnified Department of Defense Contractor Defined.--
     In this section, the term ``indemnified Department of Defense 
     contractor'' means a contractor that has been indemnified by 
     the Department of Defense against civil judgments or 
     liability for injuries, sickness, or death of members of the 
     Armed Forces related to their work with the contractor.
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