[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 651. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2810, to authorize appropriations for fiscal year 
2018 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 appropriate place, insert the following:

     SEC. __. 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 relating to the member's work for the 
     contractor exceeds a period of two years without final 
     judgement or settlement, the Department shall exercise its 
     contractual right to manage the litigation on behalf of the 
     contractor. In doing so, the Department shall ensure that the 
     fiscal burden on taxpayers is minimized by avoiding 
     unnecessarily long 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 fairly and in a 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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