Sec. 4377. Fees of military sales agents and other payments
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In accordance with such regulations as the Secretary may prescribe under subsection (b), the Secretary shall require adequate and timely reporting on political contributions, gifts, commissions and fees paid, or offered or agreed to be paid, by any person in connection with— sales of defense articles or defense services, or of design and construction services under section 4312; or commercial sales of defense articles or defense services licensed or approved under section 4301, to or for the armed forces of a foreign country or international organization in order to solicit, promote, or otherwise to secure the conclusion of such sales. The regulations referred to in subsection
(a)shall specify the amounts and the kinds of payments, offers, and agreements to be reported, and the form and timing of reports, and shall require reports on the names of sales agents and other persons receiving such payments. The Secretary shall by regulation require such recordkeeping as the Secretary determines is necessary. The Secretary may, by regulation, prohibit, limit, or prescribe conditions with respect to such contributions, gifts, commissions, and fees as the President determines will be in furtherance of the purposes of this Act. No such contribution, gift, commission, or fee may be included, in whole or in part, in the amount paid under any procurement contract entered into under section 4312, unless the amount thereof is reasonable, allocable to such contract, and not made to a person who has solicited, promoted, or otherwise secured such sale, or has held himself out as being able to do so, through improper influence. For the purposes of this subsection, the term improper influence means influence, direct or indirect, which induces or attempts to induce consideration or action by any employee or officer of a purchasing foreign government or international organization with respect to such purchase on any basis other than such consideration of merit as are involved in comparable United States procurements. All information reported to the Secretary and all records maintained by any person pursuant to regulations prescribed under this section shall be available, upon request, to any standing committee of Congress or any subcommittee thereof and to any Federal agency authorized by law to have access to the books and records of the person required to submit reports or to maintain records under this section. Access by an Federal agency to records maintained under this section shall be on the same terms and conditions that govern access by the agency to the books and records of the person concerned.