I 

116TH CONGRESS 

1ST SESSION H. R. 4277 

To promote ethics and prevent corruption in Department of Defense 

contracting and other activities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 10, 2019 

Ms. SPEIER introduced the following bill; which was referred to the Committee 

on Armed Services, and in addition to the Committees on the Judiciary, 

and Oversight and Reform, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

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 2019’’. 

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

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—REVOLVING DOOR AND CONTRACTOR INFLUENCE 

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. Comptroller General report on post-government employment of 

former Department of Defense officials. 

Sec. 104. Ban on hiring contracting officials enforceable on certain contracts. 

Sec. 105. Ban on hiring senior officials by giant defense contractors. 

Sec. 106. 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. 107. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. 

Sec. 108. Prohibition on ownership or trading of stocks in certain companies 

by Department of Defense officers and employees. 

TITLE II—LIMITING FOREIGN INFLUENCE 

Sec. 201. Annual reports on approval of employment or compensation of retired 

general or flag officers by foreign governments for Emoluments 

Clause purposes. 

Sec. 202. Advising foreign governments. 

Sec. 203. Ban on former military and civilian intelligence officers from foreign 

employment. 

TITLE III—TRANSPARENCY 

Sec. 301. Affirmative contractor record disclosures. 

Sec. 302. Extension of FOIA to private contractors. 

Sec. 303. Financial disclosure by large contractors. 

Sec. 304. Availability on the internet of certain information about officers serving in general or flag officer grades. 

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 after leaving service’’ and inserting ‘‘within 

9 four years after leaving service’’; and 


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1 (2) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘retained by the De4 partment of Defense in a central database 

5 or repository maintained by the General 

6 Counsel of the Department for not less 

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

8 the Department of Defense in a central 

9 database or repository maintained by the 

10 Standards of Conduct Office of the De11 partment for not less than ten years’’; and 

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

13 on a publicly available Internet website of 

14 the Standards of Conduct Office’’ after 

15 ‘‘opinion was provided’’; and 

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

17 less than biannually’’ after ‘‘conduct periodic 

18 reviews’’. 

19 SEC. 102. REQUIREMENTS FOR DEFENSE CONTRACTORS 

20 RELATING TO CERTAIN FORMER DEPART21 MENT OF DEFENSE OFFICIALS AND LOB22 BYING ACTIVITIES. 

23 (a) REQUIREMENTS.— 


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

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 2410t. Defense contractors report: requirements 

5 concerning former Department of De6 fense officials and lobbying activities 

7 ‘‘(a) IN GENERAL.—Each contract for the procure8 ment of goods or services in excess of $10,000,000, other 

9 than a contract for the procurement of commercial prod10 ucts or commercial services, that is entered into by the 

11 Secretary of Defense shall include a provision under which 

12 the contractor agrees to submit to the Secretary of De13 fense, not later than April 1 of each year such contract 

14 is in effect, a written report setting forth the information 

15 required by subsection (b). 

16 ‘‘(b) REPORT CONTENTS.—Except as provided in 

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

18 (a) shall— 

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

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

21 Department of Defense or a former or retired 

22 member of the armed forces who served— 

23 ‘‘(i) in an Executive Schedule position 

24 under subchapter II of chapter 53 of title 

25 5; 


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1 ‘‘(ii) in a position in the Senior Exec2 utive Service under subchapter VIII of 

3 chapter 53 of title 5; 

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

5 rate of pay for grade O–6 or above under 

6 section 201 of title 37; or 

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

8 program manager, procuring contracting 

9 officer, administrative contracting officer, 

10 source selection authority, member of the 

11 source selection evaluation board, or chief 

12 of a financial or technical evaluation team 

13 for such a contract; and 

14 ‘‘(B) during the preceding calendar year 

15 was provided compensation by the contractor, if 

16 such compensation was first provided by the 

17 contractor not more than four years after such 

18 former officer or employee of the Department of 

19 Defense, or such former or retired member of 

20 the armed forces, left service in the Department 

21 of Defense; 

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

23 paragraph (1)(A)— 

24 ‘‘(A) identify the department or entity in 

25 which such person was employed or served on 


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1 active duty during the last two years of such 

2 person’s service with the Department of De3 fense; and 

4 ‘‘(B) state such person’s job title and iden5 tify any major defense acquisition program (as 

6 defined in section 2430 of title 10, United 

7 States Code) or any contract with a value 

8 greater than $100,000,000 on which such per9 son performed any work or for which such per10 son provided any goods pursuant to a contract 

11 with the Department of Defense during the last 

12 two years of such person’s service with the De13 partment; 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 di20 rected at 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 di2 rected at the Department of Defense that 

3 the contractor, any employee of the con4 tractor, or any lobbyist paid by the con5 tractor has engaged in on behalf of the 

6 contractor, including— 

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 04:28 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4277.IH H4277

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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) PUBLICATION.—Secretary of Defense shall pub12 lish on a publicly available Internet website the report re13 quired under this section. 

14 ‘‘(e) DEFINITIONS.—In subsection (b)(3), the terms 

15 ‘client’, ‘lobbying activities’, ‘lobbying contact’, and ‘lob16 byist’ have the meanings given the terms in section 3 of 

17 the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603).’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 141 of such title 

20 is amended by adding at the end the following new 

21 item: 

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

22 (b) EFFECTIVE DATE.—The amendments made by 

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1 ment of this Act, and shall apply with respect to contracts 

2 entered into on or after that date. 

3 SEC. 103. COMPTROLLER GENERAL REPORT ON POST-GOV4 ERNMENT EMPLOYMENT OF FORMER DE5 PARTMENT OF DEFENSE OFFICIALS. 

6 Not later than 90 days after the date of the enact7 ment of this Act, the Comptroller General of the United 

8 States shall initiate a review updating the information and 

9 findings contained in the May 2008 Government Account10 ability Office report entitled, ‘‘Defense Contracting: Post11 Government Employment of Former DOD Officials Needs 

12 Greater Transparency’’ (GAO–08–485). The Comptroller 

13 General shall provide an interim briefing on the status of 

14 the review to the congressional defense committees not 

15 later than December 31, 2020, with a report to follow by 

16 a date agreed upon with the committees. 

17 SEC. 104. BAN ON HIRING CONTRACTING OFFICIALS EN18 FORCEABLE ON CERTAIN CONTRACTS. 

19 (a) PROHIBITION.— 

20 (1) IN GENERAL.—Any contract for the pro21 curement of goods or services (other than a contract 

22 for the procurement of commercial products or com23 mercial services) with a value greater than 

24 $10,000,000 shall include a contract clause prohib25 iting the contractor from providing compensation to 


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1 a former Department of Defense official described in 

2 paragraph (2) within four years after such former 

3 official leaves service in the Department of Defense. 

4 (2) COVERED DEPARTMENT OF DEFENSE OFFI5 CIAL.—An official or former official of the Depart6 ment of Defense is covered by the requirements of 

7 this section if such official or former official is a 

8 former officer or employee of the Department of De9 fense or a former or retired member of the Armed 

10 Forces who served as a program manager, deputy 

11 program manager, procuring contracting officer, ad12 ministrative contracting officer, source selection au13 thority, member of the source selection evaluation 

14 board, or chief of a financial or technical evaluation 

15 team for a contract with a value in excess of 

16 $10,000,000, and such person— 

17 (A) participated in the contract or license 

18 selection; 

19 (B) determined or signed off on the tech20 nical requirements of the contract or license; or 

21 (C) granted the contract or license. 

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

23 official or former official of the Department of Defense 

24 described in subsection (a)(2), or a Department of De25 fense contractor, knowingly fails to comply with the reVerDate Sep 11 2014 04:28 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4277.IH H4277

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1 quirements of this subsection, the Secretary of Defense 

2 may take any of the administrative actions set forth in 

3 section 2105 of title 41, United States Code that the Sec4 retary of Defense determines to be appropriate. 

5 SEC. 105. BAN ON HIRING FORMER SENIOR OFFICIALS BY 

6 GIANT DEFENSE CONTRACTORS. 

7 (a) PROHIBITION.— 

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

9 contract for the procurement of goods or services 

10 with a giant defense contractor shall include a con11 tract clause prohibiting the contractor from hiring or 

12 paying (including as a consultant or lawyer) any cov13 ered Department of Defense official within four 

14 years after such covered Department of Defense offi15 cial leaves service in the Department of Defense. 

16 (2) DEFINITIONS.—In this section: 

17 (A) COVERED DEPARTMENT OF DEFENSE

18 OFFICIAL.—The term ‘‘covered Department of 

19 Defense official’’ means a former officer or em20 ployee of the Department of Defense or a 

21 former or retired member of the Armed Forces 

22 who served— 

23 (i) in an Executive Schedule position 

24 under subchapter II of chapter 53 of title 

25 5, United States Code; 


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1 (ii) in a position in the Senior Execu2 tive Service under subchapter VIII of 

3 chapter 53 of title 5, United States Code; 

4 (iii) in position compensated at a rate 

5 of pay for grade O–6 or above under sec6 tion 201 of title 37, United States Code; or 

7 (iv) in a supervisory position com8 pensated at a rate of pay for grade GS–15 

9 of the General Schedule under section 

10 5107 of title 5, United States Code, or 

11 higher. 

12 (B) GIANT DEFENSE CONTRACTOR.—The 

13 term ‘‘giant defense contractor’’ means a con14 tractor (other than an institution of higher edu15 cation as defined in section 101 of the Higher 

16 Education Act of 1965 (20 U.S.C. 1001)) that 

17 received an average of more than 

18 $1,000,000,000 in aggregate annual revenue 

19 from the Department of Defense or the Depart20 ment of Energy for contracted work related to 

21 the United States nuclear program in the pre22 vious three fiscal years. 

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

24 official or covered Department of Defense official de25 scribed in subsection (a)(2)(A), knowingly fails to comply 


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1 with the requirements of this subsection, the Secretary of 

2 Defense may take any of the administrative actions set 

3 forth in section 2105(c) of title 41, United States Code, 

4 that the Secretary of Defense determines to be appro5 priate. 

6 SEC. 106. MODIFICATION OF PROHIBITION ON LOBBYING 

7 ACTIVITIES WITH RESPECT TO THE DEPART8 MENT OF DEFENSE BY CERTAIN OFFICERS 

9 OF THE ARMED FORCES AND CIVILIAN EM10 PLOYEES OF THE DEPARTMENT OF DEFENSE 

11 FOLLOWING SEPARATION FROM MILITARY 

12 SERVICE OR EMPLOYMENT WITH THE DE13 PARTMENT. 

14 Section 1045 of the National Defense Authorization 

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

16 1555; 10 U.S.C. note prec. 971) is amended— 

17 (1) in subsection (a)— 

18 (A) in the subsection heading, by striking 

19 ‘‘TWO-YEAR PROHIBITION’’ and inserting 

20 ‘‘FOUR-YEAR PROHIBITION’’; 

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

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

23 four-year period’’; and 


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

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

3 6 or higher’’; 

4 (2) by striking subsection (b); and 

5 (3) by redesignating subsection (c) as sub6 section (b). 

7 SEC. 107. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF 

8 PERSONAL INTEREST REQUIREMENTS FOR 

9 DEPARTMENT OF DEFENSE OFFICERS AND 

10 EMPLOYEES. 

11 (a) IN GENERAL.—An officer or employee of the De12 partment of Defense may not participate personally and 

13 substantially in any covered matter that the officer or em14 ployee knows, or reasonably should know, is likely to have 

15 a direct and predictable effect on the financial interests 

16 of any of the following: 

17 (1) Any organization, including a trade organi18 zation, for which the officer or employee has served 

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

20 partner during the four years preceding the date on 

21 which the officer or employee intends to participate 

22 in the covered matter. 

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

24 organization for which the officer or employee has 

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


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1 general partner during the four years preceding the 

2 date on which the officer or employee intends to par3 ticipate in the covered matter. 

4 (3) Any employer with whom the officer or em5 ployee is seeking employment. 

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

7 construed to terminate, alter, or make inapplicable any 

8 other prohibition or limitation in law or regulation on the 

9 participation of officers or employees of the Department 

10 of Defense in covered matters having an effect the finan11 cial holdings of such officer or employee, or related finan12 cial or other personal interests of such officer or employee. 

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

14 the term ‘‘covered matter’’— 

15 (1) means any matter that involves deliberation, 

16 decision, or action that is focused upon the interests 

17 of specific person or a discrete and identifiable class 

18 of persons; and 

19 (2) includes policy-making that is narrowly fo20 cused on the interests of a discrete and identifiable 

21 class of persons. 


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1 SEC. 108. PROHIBITION ON OWNERSHIP OR TRADING OF 

2 STOCKS IN CERTAIN COMPANIES BY CERTAIN 

3 OFFICIALS OF THE DEPARTMENT OF DE4 FENSE. 

5 (a) PROHIBITION ON OWNERSHIP AND TRADING BY

6 CERTAIN OFFICIALS.— 

7 (1) PROHIBITION.—An official of the Depart8 ment of Defense described in paragraph (2) may not 

9 own or trade a publicly traded stock of a company 

10 if, during the preceding calendar year, the company 

11 received more than $1,000,000,000 in revenue from 

12 the Department of Defense, including through one 

13 or more contracts with the Department. 

14 (2) DEPARTMENT OF DEFENSE OFFICIALS.— 

15 An official of the Department of Defense described 

16 in this paragraph is any current Department of De17 fense official described by section 847(c) of the Na18 tional Defense Authorization Act for Fiscal Year 

19 2008 (10 U.S.C. 1701 note). 

20 (3) NATURE OF OFFENSE.—Ownership or a 

21 trade of a stock in violation of paragraph (1) shall 

22 be deemed to be an offense under section 208 of title 

23 18, United States Code. 

24 (b) PROHIBITION ON OWNERSHIP AND TRADING BY

25 ALL OFFICERS AND EMPLOYEES.—An officer or employee 

26 of the Department of Defense may not own or trade a 


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1 publicly traded stock of a company that is a contractor 

2 or subcontractor of the Department if the Office of Stand3 ards and Compliance of the Office of the General Counsel 

4 of the Department of Defense determines that the value 

5 of the stock may be directly or indirectly influenced by 

6 any official action of the officer or employee for the De7 partment. 

8 (c) INAPPLICABILITY TO MUTUAL FUNDS.—For pur9 poses of this section, the term ‘‘publicly-traded stock’’ does 

10 not include a widely held investment fund described in sec11 tion 102(f)(8) of the Ethics in Government Act of 1978 

12 (5 U.S.C. App.). 

13 TITLE II—LIMITING FOREIGN 

14 INFLUENCE 

15 SEC. 201. ANNUAL REPORTS ON APPROVAL OF EMPLOY16 MENT OR COMPENSATION OF RETIRED GEN17 ERAL OR FLAG OFFICERS BY FOREIGN GOV18 ERNMENTS FOR EMOLUMENTS CLAUSE PUR19 POSES. 

20 (a) ANNUAL REPORTS.—Section 908 of title 37, 

21 United States Code, is amended— 

22 (1) by redesignating subsection (c) as sub23 section (d); and 

24 (2) by inserting after subsection (b) the fol25 lowing new subsection (c): 


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1 ‘‘(c) ANNUAL REPORTS ON APPROVALS FOR RE2 TIRED GENERAL AND FLAG OFFICERS.—(1) Not later 

3 than January 31 each year, the Secretaries of the military 

4 departments shall jointly submit to the appropriate com5 mittees and Members of Congress a report on each ap6 proval under subsection (b) for employment or compensa7 tion described in subsection (a) for a retired member of 

8 the armed forces in a general or flag officer grade that 

9 was issued during the preceding year. 

10 ‘‘(2) In this subsection, the term ‘appropriate com11 mittees and Members of Congress’ means— 

12 ‘‘(A) the Committee on Armed Services, the 

13 Committee on Foreign Relations, and the Committee 

14 on Appropriations of the Senate; 

15 ‘‘(B) the Committee on Armed Services, the 

16 Committee on Foreign Affairs, and the Committee 

17 on Appropriations of the House of Representatives; 

18 ‘‘(C) the Majority Leader and the Minority 

19 Leader of the Senate; and 

20 ‘‘(D) the Speaker of the House of Representa21 tives and the Minority Leader of the House of Rep22 resentatives.’’. 

23 (b) SCOPE OF FIRST REPORT.—The first report sub24 mitted pursuant to subsection (c) of section 908 of title 

25 37, United States Code (as amended by subsection (a) of 


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1 this section), after the date of the enactment of this Act 

2 shall cover the five-year period ending with the year before 

3 the year in which such report is submitted. 

4 SEC. 202. ADVISING FOREIGN GOVERNMENTS. 

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

6 amended— 

7 (1) by redesignating paragraph (3) as para8 graph (4); and 

9 (2) by inserting after paragraph (2) the fol10 lowing new paragraph: 

11 ‘‘(3) PERMANENT RESTRICTION WITHOUT

12 PRIOR APPROVAL.— 

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

14 been employed as a senior official in the White 

15 House, the Department of State, the Depart16 ment of Defense, or the Department of the 

17 Treasury who, without the explicit prior ap18 proval of the Secretary of State, performs com19 pensated work for a foreign entity that might 

20 benefit from the knowledge obtained by the per21 son as a result of such United States Govern22 ment employment, shall be punished as pro23 vided in section 216 of this title. 

24 ‘‘(B) LIMITATION ON APPROVAL.—The 

25 Secretary of State may not approve any work 


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1 described in subparagraph (A) that conflicts 

2 with the national security interests of the 

3 United States, as determined by the Secretary 

4 and verified by the Director of National Intel5 ligence. 

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

7 State shall submit an annual report listing all 

8 of the approvals under subparagraph (A) dur9 ing the prior calendar year to the Committee on 

10 Foreign Relations of the Senate, the Committee 

11 on Armed Services of the Senate, the Select 

12 Committee on Intelligence of the Senate, the 

13 Committee on Foreign Affairs of the House of 

14 Representatives, the Committee on Armed Serv15 ices of the House of Representatives, and the 

16 Permanent Select Committee on Intelligence of 

17 the House of Representatives.’’. 

18 SEC. 203. BAN ON FORMER MILITARY AND CIVILIAN INTEL19 LIGENCE OFFICERS FROM FOREIGN EMPLOY20 MENT. 

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

22 (b), military and intelligence officers possessing a security 

23 clearance, upon separation from service or resignation, are 

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1 ernment or a private company doing work predominantly 

2 on behalf of a foreign government. 

3 (b) EXEMPTION.— 

4 (1) IN GENERAL.—Employment with the Gov5 ernment of Australia, of Canada, of New Zealand, or 

6 of the United Kingdom is not subject to the prohibi7 tion under subsection (a). 

8 (2) WAIVERS.—Individuals may seek and be 

9 granted a waiver by the Secretary of State for em10 ployment by any other foreign government. Such 

11 waiver will be presumptively granted in cases of 

12 former officers seeking employment in jobs focused 

13 on humanitarian aid, development, or infrastructure 

14 improvement. Waivers for employment in other jobs 

15 shall be determined based on whether such employ16 ment would reasonably involve the use or disclosure 

17 or appropriation of sources, methods, or skills that 

18 could pose a threat to the interests of the United 

19 States when employed by other countries or enable 

20 the repression of the nationals of such countries. 

21 TITLE III—TRANSPARENCY 

22 SEC. 301. AFFIRMATIVE CONTRACTOR RECORD DISCLO23 SURES. 

24 The Secretary of Defense shall publish on a publicly 

25 available internet website the following information to the 


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1 extent such information is unclassified and non-confiden2 tial: 

3 (1) In the case of a contract with the Depart4 ment of Defense for goods or services above the sim5 plified acquisition threshold specified in section 134 

6 of title 41, United States Code— 

7 (A) copies of each contract or task order 

8 or delivery order the contractor on such con9 tract has entered into with the Department of 

10 Defense during the previous three fiscal years; 

11 and 

12 (B) past performance information about 

13 the contractor to the extent available. 

14 (2) In the case of a contract with the Depart15 ment of Defense for goods or services in excess of 

16 $10,000,000, all correspondence and documents re17 lated to the contract. 

18 SEC. 302. EXTENSION OF FOIA TO PRIVATE CONTRACTORS. 

19 (a) DEFINITIONS.—In this section— 

20 (1) the term ‘‘covered contractor’’ means a pri21 vate contractor that entered into a contract with the 

22 Department; 

23 (2) the term ‘‘covered record’’ means any 

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1 formance of a Department contract by a covered 

2 contractor; and 

3 (3) the term ‘‘Secretary’’ means the Secretary 

4 of Defense. 

5 (b) APPLICATION OF FOIA.—A covered record shall 

6 be— 

7 (1) considered an agency record for purposes of 

8 section 552(f)(2) of title 5, United States Code, 

9 whether in the possession of a covered contractor or 

10 the Secretary; and 

11 (2) subject to section 552 of title 5, United 

12 States Code (commonly known as the ‘‘Freedom of 

13 Information Act’’), to the same extent as if the 

14 record was maintained by the Secretary. 

15 (c) INCLUSION OF FOIA PROVISIONS.—In any con16 tract entered into by a covered contractor with the Sec17 retary, the Secretary shall include provisions relating to 

18 the application of section 552 of title 5, United States 

19 Code (commonly known as the ‘‘Freedom of Information 

20 Act’’) to any covered records produced during the fulfill21 ment of the contract. 

22 SEC. 303. FINANCIAL DISCLOSURE BY LARGE CONTRAC23 TORS. 

24 (a) DISCLOSURE REQUIREMENT.— 


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

2 shall require a covered contractor, as a condition for 

3 entering into a contract with the Department of De4 fense, to make publicly available the following infor5 mation (excluding information determined to be clas6 sified by the Secretary): 

7 (A) Audited financial statements. 

8 (B) A listing of the salaries of employees 

9 performing work on the contract that receive 

10 compensation from the contractor in excess of 

11 $250,000 per year. 

12 (C) A description of all Federal political 

13 spending by the contractor. 

14 (2) SUSPENSION AND DEBARMENT.—The Sec15 retary of Defense may suspend or debar any covered 

16 contractor that fails to comply with the disclosure 

17 requirements under paragraph (1). 

18 (3) COVERED CONTRACTOR DEFINED.—The 

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

20 than an institution of higher education as defined in 

21 section 101 of the Higher Education Act of 1965 

22 (20 U.S.C. 1001)) that— 

23 (A) received more than $10,000,000 in an24 nual revenue from Federal Government conVerDate Sep 11 2014 04:28 Sep 11, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4277.IH H4277

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•HR 4277 IH

1 tracts or licenses in any of the previous three 

2 fiscal years; or 

3 (B) earned more than 20 percent of its 

4 total annual revenue from Federal Government 

5 contracts or licenses in any of the previous 

6 three fiscal years. 

7 SEC. 304. AVAILABILITY ON THE INTERNET OF CERTAIN IN8 FORMATION ABOUT OFFICERS SERVING IN 

9 GENERAL OR FLAG OFFICER GRADES. 

10 (a) AVAILABILITY REQUIRED.—The Secretary of 

11 each military department shall make publicly available on 

12 an internet website of such department the information 

13 specified in subsection (b) with respect to each officer in 

14 a general or flag officer grade under the jurisdiction of 

15 such Secretary, including any such officer on the reserve 

16 active-status list (as defined in section 101(7) of title 10, 

17 United States Code). 

18 (b) INFORMATION.—The information on an officer 

19 specified by this subsection to be made available pursuant 

20 to subsection (a) is the information as follows: 

21 (1) The officer’s name. 

22 (2) The officer’s current billet. 

23 (3) A biographical summary of the officer. 

24 (4) Any financial disclosures made by the offi25 cer to or for Department of Defense purposes. 


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1 (5) Any substantiated reports of an Inspector 

2 General in the Department Defense involving con3 duct of the officer. 

4 (6) Summaries of any command climate survey 

5 conducted with respect to a command of the officer. 

6 (c) REDACTION.—Information made available pursu7 ant to subsection (a) may be redacted in a manner that 

8 accords with the provisions of section 552a of title 5, 

9 United States Code (commonly referred to as the ‘‘Privacy 

10 Act’’). 

Æ 


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