II 

117TH CONGRESS 

1ST SESSION S. 2396 

To promote ethics and prevent corruption in Department of Defense 

contracting and other activities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2021 

Ms. WARREN introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To promote ethics and prevent corruption in Department 

of Defense contracting and other activities, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Department of Defense Ethics and Anti-Corruption Act 

6 of 2021’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REVOLVING DOOR AND CONTRACTOR INFLUENCE 


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Sec. 101. Heightened revolving door requirements. 

Sec. 102. Requirements for defense contractors relating to certain former Department of Defense officials and lobbying activities. 

Sec. 103. Ban on hiring contracting officials enforceable on certain contracts. 

Sec. 104. Ban on hiring senior officials by giant defense contractors. 

Sec. 105. Modification of prohibition on lobbying activities with respect to the 

Department of Defense by certain officers of the Armed Forces 

and civilian employees of the Department of Defense following 

separation from military service or employment with the Department. 

Sec. 106. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. 

Sec. 107. Prohibition on ownership or trading of stocks in certain companies 

by Department of Defense officers and employees. 

TITLE II—LIMITING FOREIGN INFLUENCE 

Sec. 201. Advising foreign governments. 

Sec. 202. Ban on former military and civilian intelligence officers from foreign 

employment. 

TITLE III—TRANSPARENCY 

Sec. 301. Affirmative contractor record disclosures. 

Sec. 302. Ownership of information. 

Sec. 303. Financial disclosure by large contractors. 

1 TITLE I—REVOLVING DOOR AND 

2 CONTRACTOR INFLUENCE 

3 SEC. 101. HEIGHTENED REVOLVING DOOR REQUIREMENTS. 

4 Section 847 of the National Defense Authorization 

5 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

6 1701 note) is amended— 

7 (1) in subsection (a)(1), by striking ‘‘within two 

8 years of leaving service’’ and inserting ‘‘within four 

9 years of leaving service’’; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘retained by the De13 partment of Defense in a central database 

14 or repository maintained by the General 


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1 Counsel of the Department for not less 

2 than five years’’ and inserting ‘‘retained by 

3 the Department of Defense in a central 

4 database or repository maintained by the 

5 General Counsel Standards and Conduct 

6 Office of the Department for not less than 

7 ten years’’; and 

8 (ii) by inserting ‘‘and shall be posted 

9 on a publicly available Internet website of 

10 the General Counsel Standards and Con11 duct Office’’ after ‘‘opinion was provided’’; 

12 and 

13 (B) in paragraph (2), by inserting ‘‘not 

14 less than biannually’’ after ‘‘conduct periodic 

15 reviews’’. 

16 SEC. 102. REQUIREMENTS FOR DEFENSE CONTRACTORS 

17 RELATING TO CERTAIN FORMER DEPART18 MENT OF DEFENSE OFFICIALS AND LOB19 BYING ACTIVITIES. 

20 (a) REQUIREMENTS.— 

21 (1) IN GENERAL.—Chapter 141 of title 10, 

22 United States Code is amended by adding at the end 

23 the following new section: 


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1 ‘‘§ 2410t. Defense contractors report: requirements 

2 concerning former Department of De3 fense officials and lobbying activities 

4 ‘‘(a) IN GENERAL.—Each contract for the procure5 ment of goods or services in excess of $10,000,000, other 

6 than a contract for the procurement of office supplies or 

7 food and beverage (vending) services, that is entered into 

8 by the Department of Defense shall include a provision 

9 under which the contractor agrees to submit to the Sec10 retary of Defense, not later than April 1 of each year such 

11 contract is in effect, a written report setting forth the in12 formation required by subsection (b). 

13 ‘‘(b) REPORT INFORMATION.—Except as provided in 

14 subsection (c), a report by a contractor under subsection 

15 (a) shall— 

16 ‘‘(1) list the name of each person who— 

17 ‘‘(A) is a former officer or employee of the 

18 Department of Defense or a former or retired 

19 member of the armed forces who served— 

20 ‘‘(i) in an Executive Schedule position 

21 under subchapter II of chapter 53 of title 

22 5; 

23 ‘‘(ii) in a position in the Senior Exec24 utive Service under subchapter VIII of 

25 chapter 53 of title 5; 


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1 ‘‘(iii) in a position compensated at a 

2 rate of pay for grade O–7 or above under 

3 section 201 of title 37; or 

4 ‘‘(iv) as a program manager, deputy 

5 program manager, procuring contracting 

6 officer, administrative contracting officer, 

7 source selection authority, member of the 

8 source selection evaluation board, or chief 

9 of a financial or technical evaluation team 

10 for a contract with a value in excess of 

11 $10,000,000; and 

12 ‘‘(B) during the preceding calendar year 

13 was provided compensation by the contractor, if 

14 such compensation was first provided by the 

15 contractor not more than four years after such 

16 officer, employee, or member left service in the 

17 Department of Defense; 

18 ‘‘(2) in the case of each person listed under 

19 subparagraph (A)— 

20 ‘‘(A) identify the agency in which such per21 son was employed or served on active duty dur22 ing the last two years of such person’s service 

23 with the Department of Defense; 

24 ‘‘(B) state such person’s job title and iden25 tify each major defense system, contract, modiVerDate Sep 11 2014 23:12 Jul 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2396.IS S2396

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1 fication, subcontract, task order, and delivery 

2 order in excess of $10,000,000, if any, on which 

3 such person performed any work with the De4 partment of Defense during the last two years 

5 of such person’s service with the Department; 

6 and 

7 ‘‘(C) state such person’s current job title 

8 with the contractor and identify each major de9 fense system, contract, modification, sub10 contract, task order, and delivery order in ex11 cess of $10,000,000, on which such person has 

12 performed any work on behalf of the contractor; 

13 and 

14 ‘‘(3) if the contractor is a client, include— 

15 ‘‘(A) a statement that— 

16 ‘‘(i) lists each specific issue for which 

17 the contractor, any employee of the con18 tractor, or any lobbyist paid by the con19 tractor engaged in lobbying activities with 

20 the Department of Defense; and 

21 ‘‘(ii) specifies the Federal rule or reg22 ulation, Executive order, or other program, 

23 policy, contract, or position of the Depart24 ment of Defense to which the lobbying ac25 tivities described in clause (i) related; 


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1 ‘‘(iii) lists each lobbying activity relat2 ing to the Department of Defense that the 

3 contractor, any employee of the contractor, 

4 or any lobbyist paid by the contractor has 

5 engaged in on behalf of the contractor, in6 cluding— 

7 ‘‘(I) each document prepared by 

8 the contractor, any employee of the 

9 contractor, or any lobbyist paid by the 

10 contractor that was submitted to an 

11 officer or employee of the Department 

12 of Defense by the lobbyist; 

13 ‘‘(II) each meeting that was a 

14 lobbying contact with an officer or 

15 employee of the Department of De16 fense, including the subject of the 

17 meeting, the date of the meeting, and 

18 the name and position of each indi19 vidual who attended the meeting; 

20 ‘‘(III) each phone call made to an 

21 officer or employee of the Department 

22 of Defense that was a lobbying con23 tact, including the subject of the 

24 phone call, the date of the phone call, 

25 and the name and position of each inVerDate Sep 11 2014 23:12 Jul 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2396.IS S2396

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1 dividual who was on the phone call; 

2 and 

3 ‘‘(IV) each electronic communica4 tion sent to an officer or employee of 

5 the Department of Defense that was a 

6 lobbying contact, including the subject 

7 of the electronic communication, the 

8 date of the electronic communication, 

9 and the name and position of each in10 dividual who received the electronic 

11 communication; 

12 ‘‘(iv) lists the name of each employee 

13 of the contractor who— 

14 ‘‘(I) did not participate in a lob15 bying contact with an officer or em16 ployee of the Department of Defense; 

17 and 

18 ‘‘(II) engaged in lobbying activi19 ties in support of a lobbying contact 

20 with an officer or employee of the De21 partment of Defense; and 

22 ‘‘(v) describes the lobbying activities 

23 referred to in clause (iv)(II); and 

24 ‘‘(B) a copy of any document transmitted 

25 to an officer or employee of the Department of 


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1 Defense in the course of the lobbying activities 

2 described in subparagraph (A)(iv)(II). 

3 ‘‘(c) DUPLICATE INFORMATION NOT REQUIRED.— 

4 An annual report submitted by a contractor pursuant to 

5 subsection (b) need not provide information with respect 

6 to any former officer or employee of the Department of 

7 Defense or former or retired member of the armed forces 

8 if such information has already been provided in a pre9 vious annual report filed by such contractor under this 

10 section. 

11 ‘‘(d) DEFINITIONS.—In subsection (b)(3), the terms 

12 ‘client’, ‘lobbying activities’, ‘lobbying contact’, and ‘lob13 byist’ have the meanings given the terms in section 3 of 

14 the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 141 of such title 

17 is amended by adding at the end the following new 

18 item: 

‘‘Sec. 2410t. Defense contractors report: requirements concerning former Department of Defense officials and lobbying activities.’’. 

19 (3) EFFECTIVE DATE.—The amendments made 

20 by paragraphs (1) and (2) shall take effect on the 

21 date of the enactment of this Act, and shall apply 

22 with respect to contracts entered into on or after 

23 that date. 

24 (b) FUTURE TRANSFER.— 


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1 (1) TRANSFER AND REDESIGNATION.—Section 

2 2410t of title 10, United States Code, as added by 

3 subsection (a), is transferred to chapter 363, as 

4 added by section 1862(b) of the William M. (Mac) 

5 Thornberry National Defense Authorization Act for 

6 Fiscal Year 2021 (Public Law 116–283), and redes7 ignated as section 4661. 

8 (2) CLERICAL AMENDMENTS.— 

9 (A) TARGET CHAPTER TABLE OF SEC10 TIONS.—The table of sections at the beginning 

11 of chapter 363 of title 10, United States Code, 

12 as added by section 1862(b) of the William M. 

13 (Mac) Thornberry National Defense Authoriza14 tion Act for Fiscal Year 2021 (Public Law 

15 116–283), is amended by inserting after the 

16 item relating to section 4660 the following: 

‘‘Sec. 4661. Defense contractors report: requirements concerning former Department of Defense officials and lobbying activities.’’. 

17 (B) ORIGIN CHAPTER TABLE OF SEC18 TIONS.—The table of sections at the beginning 

19 of chapter 141 of title 10, United States Code, 

20 is amended by striking the item relating to sec21 tion 2410t. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall take effect on January 1, 

24 2022. 


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1 (4) REFERENCES; SAVINGS PROVISIONS; RULE

2 OF CONSTRUCTION.—Sections 1883 through 1885 of 

3 the William M. (Mac) Thornberry National Defense 

4 Authorization Act for Fiscal Year 2021 (Public Law 

5 116–283) shall apply with respect to the amend6 ments made under this subsection as if such amend7 ments were made under title XVIII of such Act. 

8 SEC. 103. BAN ON HIRING CONTRACTING OFFICIALS EN9 FORCEABLE ON CERTAIN CONTRACTS. 

10 (a) PROHIBITION.— 

11 (1) IN GENERAL.—Any contract for the pro12 curement of goods or services, other than a contract 

13 for the procurement of commercial products or serv14 ices, with a value of excess of $10,000,000 shall in15 clude a contract clause prohibiting the contractor 

16 from providing compensation to a former Depart17 ment of Defense official described in paragraph (2) 

18 within four years after such former official leaves 

19 service in the Department of Defense. 

20 (2) COVERED DEPARTMENT OF DEFENSE OFFI21 CIAL.—An official or former official of the Depart22 ment of Defense is covered by the requirements of 

23 this section if such official or former official is a 

24 former officer or employee of the Department of De25 fense or a former or retired member of the Armed 


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1 Forces who served as a program manager, deputy 

2 program manager, procuring contracting officer, ad3 ministrative contracting officer, source selection au4 thority, member of the source selection evaluation 

5 board, or chief of a financial or technical evaluation 

6 team for a contract with a value in excess of 

7 $10,000,000, and such person— 

8 (A) participated in the contract or license 

9 selection; 

10 (B) determined or signed off on the tech11 nical requirements of the contract or license; or 

12 (C) granted the contract or license. 

13 (b) ADMINISTRATIVE ACTIONS.—In the event that an 

14 official or former official of the Department of Defense 

15 described in subsection (a)(2), or a Department of De16 fense contractor, knowingly fails to comply with the re17 quirements of this subsection, the Secretary of Defense 

18 may take any of the administrative actions set forth in 

19 section 2105 of title 41, United States Code, that the Sec20 retary of Defense determines to be appropriate. 

21 SEC. 104. BAN ON HIRING SENIOR OFFICIALS BY GIANT DE22 FENSE CONTRACTORS. 

23 (a) PROHIBITION.— 

24 (1) IN GENERAL.—Any Department of Defense 

25 contract for the procurement of goods or services 


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1 with a giant defense contractor shall include a con2 tract clause prohibiting the contractor from hiring or 

3 paying (including as a consultant or lawyer) any cov4 ered Department of Defense official within four 

5 years after such former official leaves service in the 

6 Department of Defense. 

7 (2) DEFINITIONS.—In this section: 

8 (A) COVERED DEPARTMENT OF DEFENSE

9 OFFICIAL.—The term ‘‘covered Department of 

10 Defense official’’ means a former officer or em11 ployee of the Department of Defense or a 

12 former or retired member of the Armed Forces 

13 who served— 

14 (i) in an Executive Schedule position 

15 under subchapter II of chapter 53 of title 

16 5, United States Code; 

17 (ii) in a position in the Senior Execu18 tive Service under subchapter VIII of 

19 chapter 53 of title 5, United States Code; 

20 (iii) in position compensated at a rate 

21 of pay for grade O–7 or above under sec22 tion 201 of title 37, United States Code; or 

23 (iv) in a supervisory position com24 pensated at a rate of pay for grade GS–15 

25 of the General Schedule under section 


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1 5107 of title 5, United States Code, or 

2 higher. 

3 (B) GIANT DEFENSE CONTRACTOR.—The 

4 term ‘‘giant defense contractor’’ means a con5 tractor (other than an institution of higher edu6 cation) that received an average of more than 

7 $1,000,000,000 in annual revenue from the De8 partment of Defense or the Department of En9 ergy for contracted work related to the United 

10 States nuclear program in the previous three 

11 fiscal years. 

12 (b) ADMINISTRATIVE ACTIONS.—In the event that a 

13 covered Department of Defense official, or a Department 

14 of Defense contractor, knowingly fails to comply with the 

15 requirements of this section, the Secretary of Defense may 

16 take any of the administrative actions set forth in section 

17 2105 of title 41, United States Code that the Secretary 

18 of Defense determines to be appropriate. 

19 (c) ANNUAL REPORT.—The Inspector General of the 

20 Department of Defense shall submit to the Committee on 

21 Armed Services of the Senate and the Committee on 

22 Armed Services of the House of Representatives an annual 

23 report listing the officials or former officials of the Depart24 ment of Defense described in subsection (a)(2)(A), or any 

25 Department of Defense contractor, subject to any of the 


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1 administrative actions from the Secretary of Defense 

2 under the requirements of subsection (b) during the prior 

3 calendar year. 

4 SEC. 105. MODIFICATION OF PROHIBITION ON LOBBYING 

5 ACTIVITIES WITH RESPECT TO THE DEPART6 MENT OF DEFENSE BY CERTAIN OFFICERS 

7 OF THE ARMED FORCES AND CIVILIAN EM8 PLOYEES OF THE DEPARTMENT OF DEFENSE 

9 FOLLOWING SEPARATION FROM MILITARY 

10 SERVICE OR EMPLOYMENT WITH THE DE11 PARTMENT. 

12 Section 1045 of the National Defense Authorization 

13 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 

14 1555) is amended— 

15 (1) in subsection (a)— 

16 (A) in the subsection heading, by striking 

17 ‘‘TWO-YEAR PROHIBITION’’ and inserting 

18 ‘‘FOUR-YEAR PROHIBITION’’; 

19 (B) in paragraph (1), by striking ‘‘during 

20 the two-year period’’ and inserting ‘‘during the 

21 four-year period’’; and 

22 (C) in paragraph (2)(A), by striking 

23 ‘‘grade O–9 or higher’’ and inserting ‘‘grade O– 

24 7 or higher’’; 

25 (2) by striking subsection (b); 


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1 (3) by redesignating subsection (c) as sub2 section (b); and 

3 (4) in subsection (b)(1)(A), as redesignated by 

4 paragraph (3), by inserting ‘‘, including activities in 

5 support of lobbying contact with an officer or em6 ployee of the Department of Defense’’ before the pe7 riod at the end. 

8 SEC. 106. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF 

9 PERSONAL INTEREST REQUIREMENTS FOR 

10 DEPARTMENT OF DEFENSE OFFICERS AND 

11 EMPLOYEES. 

12 (a) IN GENERAL.—An officer or employee of the De13 partment of Defense may not participate personally and 

14 substantially in any covered matter that the officer or em15 ployee knows, or reasonably should know, is likely to have 

16 a direct and predictable effect on the financial interests 

17 of any of the following: 

18 (1) Any organization, including a trade organi19 zation, for which the officer or employee has served 

20 as an employee, officer, director, trustee, or general 

21 partner in the past 4 years. 

22 (2) A former direct competitor or client of any 

23 organization for which the officer or employee has 

24 served as an employee, officer, director, trustee, or 

25 general partner in the past 4 years. 


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1 (3) Any employer with whom the officer or em2 ployee is seeking employment. 

3 (b) CONSTRUCTION.—Nothing in this section shall be 

4 construed to terminate, alter, or make inapplicable any 

5 other prohibition or limitation in law or regulation on the 

6 participation of officers or employees of the Department 

7 of Defense in covered matters having an effect on their 

8 or related financial or other personal interests. 

9 (c) COVERED MATTER DEFINED.—In this section, 

10 the term ‘‘covered matter’’— 

11 (1) means any matter that involves deliberation, 

12 decision, or action that is focused upon the interests 

13 of specific person or a discrete and identifiable class 

14 of persons; and 

15 (2) includes policy making that is narrowly fo16 cused on the interests of a discrete and identifiable 

17 class of persons. 

18 SEC. 107. PROHIBITION ON OWNERSHIP OR TRADING OF 

19 STOCKS IN CERTAIN COMPANIES BY DEPART20 MENT OF DEFENSE OFFICERS AND EMPLOY21 EES. 

22 (a) DEFINITION.—In this section: 

23 (1) COVERED OFFICIAL.—The term ‘‘covered 

24 official’’ means any official described in section 


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1 847(c) of the National Defense Authorization Act 

2 for Fiscal Year 2008 (10 U.S.C. 1701 note). 

3 (2) PUBLICLY TRADED STOCK.—The term 

4 ‘‘publicly traded stock’’ does not include a widely 

5 held mutual investment fund as defined in regula6 tions issued by the Office of Government Ethics 

7 under section 208(d)(2) of title 18, United States 

8 Code. 

9 (b) PROHIBITION ON OWNERSHIP AND TRADING

10 PUBLICLY TRADED STOCKS.— 

11 (1) COVERED OFFICIALS.—No covered official 

12 may own or trade a publicly traded stock of a com13 pany if, during the preceding calendar year, the 

14 company received more than $1,000,000,000 in rev15 enue from the Department of Defense, including 

16 through 1 or more contracts with the Department. 

17 (2) OTHER OFFICERS AND EMPLOYEES.—No 

18 officer or employee of the Department of Defense 

19 who is not a covered official may own or trade a 

20 publicly traded stock of a company that is a con21 tractor or subcontractor of the Department if the 

22 Standards of Conduct Office of the Office of the 

23 General Counsel of the Department of Defense de24 termines that the value of the stock may be directly 


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1 or indirectly influenced by any official action of the 

2 officer or employee. 

3 (3) PENALTY.—Whoever violates paragraph (1) 

4 or (2) shall be subject to the penalties set forth in 

5 section 216 of title 18, United States Code. 

6 TITLE II—LIMITING FOREIGN 

7 INFLUENCE 

8 SEC. 201. ADVISING FOREIGN GOVERNMENTS. 

9 Section 207(f) of title 18, United States Code, is 

10 amended— 

11 (1) by redesignating paragraph (3) as para12 graph (4); and 

13 (2) by inserting after paragraph (2) the fol14 lowing new paragraph: 

15 ‘‘(3) PERMANENT RESTRICTION WITHOUT

16 PRIOR APPROVAL.— 

17 ‘‘(A) IN GENERAL.—Any person who has 

18 been employed as a senior official in the White 

19 House, the Department of State; the Depart20 ment of Defense, or the Department of the 

21 Treasury who, without the explicit prior ap22 proval of the Secretary of State, performs com23 pensated work for the benefit of a foreign entity 

24 that might benefit from the knowledge obtained 

25 by the person as a result of such United States 


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1 Government employment, shall be punished as 

2 provided in section 216 of this title. 

3 ‘‘(B) LIMITATION ON APPROVAL.—The 

4 Secretary of State may not approve any work 

5 described in subparagraph (A) that conflicts 

6 with the national security interests of the 

7 United States, as determined by the Secretary 

8 and verified by the Director of National Intel9 ligence. 

10 ‘‘(C) ANNUAL REPORT.—The Secretary of 

11 State shall submit an annual report listing all 

12 of the approvals under subparagraph (A), to in13 clude the related foreign entity, the duties as 

14 assigned and performed by senior official, and 

15 the work role (billet) held by the senior official 

16 during the prior calendar year to the Com17 mittee on Foreign Relations of the Senate, the 

18 Committee on Armed Services of the Senate, 

19 the Select Committee on Intelligence of the 

20 Senate, the Committee on Foreign Affairs of 

21 the House of Representatives, the Committee 

22 on Armed Services of the House of Representa23 tives, and the Permanent Select Committee on 

24 Intelligence of the House of Representatives.’’. 


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1 SEC. 202. BAN ON FORMER MILITARY AND CIVILIAN INTEL2 LIGENCE OFFICERS FROM FOREIGN EMPLOY3 MENT. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b), military and civilian intelligence personnel employed 

6 by a military intelligence organization possessing a secu7 rity clearance, upon separation from service or resigna8 tion, are prohibited from obtaining employment with a for9 eign government or a private company doing work pre10 dominantly on behalf of a foreign government. 

11 (b) EXEMPTION.— 

12 (1) IN GENERAL.—Employment with the Gov13 ernment of Australia, of Canada, of New Zealand, or 

14 of the United Kingdom is not subject to the prohibi15 tion under subsection (a). 

16 (2) WAIVERS.— 

17 (A) AUTHORITY.—Individuals may seek 

18 and be granted a waiver by the Secretary of 

19 Defense, in consultation with the Secretary of 

20 State, for employment by any other foreign gov21 ernment. Such waiver will be presumptively 

22 granted in cases that personnel seek employ23 ment in jobs focused on humanitarian aid, de24 velopment, or civilian or nonmilitary infrastruc25 ture improvement. Waivers for employment in 

26 other jobs shall be determined based on whether 


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1 such employment would reasonably involve the 

2 use or disclosure or appropriation of sources, 

3 methods, or skills that could pose a threat to 

4 United States’ interests when employed by 

5 other countries or enable the repression of the 

6 nationals of such countries. 

7 (B) ANNUAL REPORT.—The Secretary of 

8 Defense shall submit to the Committee on 

9 Armed Services of the Senate and the Com10 mittee on Armed Services of the House of Rep11 resentatives an annual report on all waivers 

12 granted under subparagraph (A). 

13 TITLE III—TRANSPARENCY 

14 SEC. 301. AFFIRMATIVE CONTRACTOR RECORD DISCLO15 SURES. 

16 The Secretary of Defense shall publish on a publicly 

17 available Internet website the following information to the 

18 extent such information is unclassified and non-confiden19 tial: 

20 (1) In the case of a contract with the Depart21 ment of Defense for goods or services above the sim22 plified acquisition threshold specified in section 134 

23 of title 41, United States Code— 

24 (A) copies of each contract and task deliv25 ery order the contractor on such contract has 


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1 entered into with the Department of Defense 

2 during the previous three fiscal years; and 

3 (B) past performance information about 

4 the contractor to the extent it is maintained by 

5 the Department. 

6 (2) In the case of a contract with the Depart7 ment of Defense for goods or services in excess of 

8 $10,000,000, all correspondence and documents re9 lated to the contract. 

10 (3) The contractor report required under sec11 tion 2410t of title 10, United States Code, as added 

12 by section 102 of this Act. 

13 SEC. 302. OWNERSHIP OF INFORMATION. 

14 Any entity of the Department of Defense that enters 

15 into a contract or agreement with, or provides funding to, 

16 a nongovernmental entity for the purposes of procuring 

17 goods or services shall— 

18 (1) for the purposes of paragraph (3), be 

19 deemed to have control over all information of the 

20 entity related to— 

21 (A) any costs or the expenditure of any 

22 funds related to the contract or agreement; and 

23 (B) any other information related to the 

24 performance of the contract or agreement; 


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1 (2) provide access to the information described 

2 in paragraph (1), which shall be considered an 

3 ‘‘agency record’’, to any person upon request made 

4 pursuant to paragraph (3); and 

5 (3) include compliance with this subsection as a 

6 material term in any contract, agreement, or renewal 

7 of a contract or agreement with any nongovern8 mental entity for the purposes of procuring goods or 

9 services. 

10 SEC. 303. FINANCIAL DISCLOSURE BY LARGE CONTRAC11 TORS. 

12 (a) DISCLOSURE REQUIREMENT.— 

13 (1) IN GENERAL.—The Secretary of Defense 

14 shall require a covered contractor, as a condition for 

15 entering into a contract with the Department of De16 fense, to make publicly available the following infor17 mation (excluding information determined to be clas18 sified by the Secretary): 

19 (A) Audited financial statements. 

20 (B) A listing of the salaries of employees 

21 performing work on the contract that receive 

22 compensation from the contractor in excess of 

23 $250,000 per year. 

24 (C) A description of all Federal political 

25 spending, including lobbying, by the contractor. 


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1 (2) SUSPENSION AND DEBARMENT.—The Sec2 retary of Defense may suspend or debar any covered 

3 contractor that fails to comply with the disclosure 

4 requirements under paragraph (1). 

5 (3) COVERED CONTRACTOR DEFINED.—The 

6 term ‘‘covered contractor’’ means a contractor (other 

7 than an institute of higher education) that— 

8 (A) received more than $10,000,000 in an9 nual revenue from Federal Government con10 tracts or licenses in any of the previous three 

11 fiscal years; or 

12 (B) earned more than 20 percent of its 

13 total annual revenue from Federal Government 

14 contracts or licenses in any of the previous 

15 three fiscal years. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS