II 

116TH CONGRESS 

1ST SESSION S. 1503 

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 

MAY 16, 2019 

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 2019’’. 

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. 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 of leaving service’’ and inserting ‘‘within four 

9 years of leaving service’’; and 

10 (2) in subsection (b)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘retained by the De3 partment of Defense in a central database 

4 or repository maintained by the General 

5 Counsel of the Department for not less 

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

7 the Department of Defense in a central 

8 database or repository maintained by the 

9 General Counsel Standards and Conduct 

10 Office of the Department for not less than 

11 ten years’’; and 

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

13 on a publicly available Internet website of 

14 the General Counsel Standards and Con15 duct Office’’ after ‘‘opinion was provided’’; 

16 and 

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

18 less than biannually’’ after ‘‘conduct periodic 

19 reviews’’. 

20 SEC. 102. REQUIREMENTS FOR DEFENSE CONTRACTORS 

21 RELATING TO CERTAIN FORMER DEPART22 MENT OF DEFENSE OFFICIALS AND LOB23 BYING ACTIVITIES. 

24 (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 end 

3 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 services, that is entered into by the Department 

11 of Defense shall include a provision under which the con12 tractor agrees to submit to the Secretary of Defense, not 

13 later than April 1 of each year such contract is in effect, 

14 a written report setting forth the information required by 

15 subsection (b). 

16 ‘‘(b) REPORT INFORMATION.—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 a contract with a value in excess of 

14 $10,000,000; and 

15 ‘‘(B) during the preceding calendar year 

16 was provided compensation by the contractor, if 

17 such compensation was first provided by the 

18 contractor not more than four years after such 

19 officer, employee, or member left service in the 

20 Department of Defense; 

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

22 subparagraph (A)— 

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1 ing the last two years of such person’s service 

2 with the Department of Defense; 

3 ‘‘(B) state such person’s job title and iden4 tify each major defense system, if any, on which 

5 such person performed any work with the De6 partment of Defense during the last two years 

7 of such person’s service with the Department; 

8 and 

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

10 with the contractor and identify each major de11 fense system on which such person has per12 formed 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, 

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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. 1603).’’. 

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 (b) EFFECTIVE DATE.—The amendments made by 

20 subsection (a) shall take effect on the date of the enact21 ment of this Act, and shall apply with respect to contracts 

22 entered into on or after that date. 


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1 SEC. 103. COMPTROLLER GENERAL REPORT ON POST-GOV2 ERNMENT EMPLOYMENT OF FORMER DE3 PARTMENT OF DEFENSE OFFICIALS. 

4 Not later than 90 days after the date of the enact5 ment of this Act, the Comptroller General of the United 

6 States shall initiate a review updating the information and 

7 findings contained in the May 2008 Government Account8 ability Office report entitled, ‘‘Defense Contracting: Post9 Government Employment of Former DOD Officials Needs 

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

11 General shall provide an interim briefing on the status of 

12 the review to the congressional defense committees not 

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

14 a date agreed upon with the committees. 

15 SEC. 104. BAN ON HIRING CONTRACTING OFFICIALS EN16 FORCEABLE ON CERTAIN CONTRACTS. 

17 (a) PROHIBITION.— 

18 (1) IN GENERAL.—Any contract for the pro19 curement of goods or services, other than a contract 

20 for the procurement of commercial products or serv21 ices, with a value in excess of $10,000,000 shall in22 clude a contract clause prohibiting the contractor 

23 from providing compensation to a former Depart24 ment of Defense official described in paragraph (2) 

25 within four years after such former official leaves 

26 service in the Department of Defense. 


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1 (2) COVERED DEPARTMENT OF DEFENSE OFFI2 CIAL.—An official or former official of the Depart3 ment of Defense is covered by the requirements of 

4 this section if such official or former official is a 

5 former officer or employee of the Department of De6 fense or a former or retired member of the Armed 

7 Forces who served as a program manager, deputy 

8 program manager, procuring contracting officer, ad9 ministrative contracting officer, source selection au10 thority, member of the source selection evaluation 

11 board, or chief of a financial or technical evaluation 

12 team for a contract with a value in excess of 

13 $10,000,000, and such person— 

14 (A) participated in the contract or license 

15 selection; 

16 (B) determined or signed off on the tech17 nical requirements of the contract or license; or 

18 (C) granted the contract or license. 

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

20 official or former official of the Department of Defense 

21 described in subsection (a)(2), or a Department of De22 fense contractor, knowingly fails to comply with the re23 quirements of this subsection, the Secretary of Defense 

24 may take any of the administrative actions set forth in 


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1 section 2105 of title 41, United States Code that the Sec2 retary of Defense determines to be appropriate. 

3 SEC. 105. BAN ON HIRING SENIOR OFFICIALS BY GIANT DE4 FENSE CONTRACTORS. 

5 (a) PROHIBITION.— 

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

7 contract for the procurement of goods or services 

8 with a giant defense contractor shall include a con9 tract clause prohibiting the contractor from hiring or 

10 paying (including as a consultant or lawyer) any cov11 ered Department of Defense official within four 

12 years after such former official leaves service in the 

13 Department of Defense. 

14 (2) DEFINITIONS.—In this section: 

15 (A) COVERED DEPARTMENT OF DEFENSE

16 OFFICIAL.—The term ‘‘covered Department of 

17 Defense official’’ means a former officer or em18 ployee of the Department of Defense or a 

19 former or retired member of the Armed Forces 

20 who served— 

21 (i) in an Executive Schedule position 

22 under subchapter II of chapter 53 of title 

23 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 a position compensated at a 

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

6 section 201 of title 37, United States 

7 Code; or 

8 (iv) in a supervisory position com9 pensated at a rate of pay for grade GS–15 

10 of the General Schedule under section 

11 5107 of title 5, United States Code, or 

12 higher. 

13 (B) GIANT DEFENSE CONTRACTOR.—The 

14 term ‘‘giant defense contractor’’ means a con15 tractor (other than an institution of higher edu16 cation) that received an average of more than 

17 $1,000,000,000 in annual revenue from the De18 partment of Defense or the Department of En19 ergy for contracted work related to the United 

20 States nuclear program in the previous three 

21 fiscal years. 

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)(A), or a Department of De25 fense contractor, knowingly fails to comply with the reVerDate Sep 11 2014 21:38 May 29, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1503.IS S1503

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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. 106. MODIFICATION OF PROHIBITION ON LOBBYING 

6 ACTIVITIES WITH RESPECT TO THE DEPART7 MENT OF DEFENSE BY CERTAIN OFFICERS 

8 OF THE ARMED FORCES AND CIVILIAN EM9 PLOYEES OF THE DEPARTMENT OF DEFENSE 

10 FOLLOWING SEPARATION FROM MILITARY 

11 SERVICE OR EMPLOYMENT WITH THE DE12 PARTMENT. 

13 Section 1045 of the National Defense Authorization 

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

15 1555) is amended— 

16 (1) in subsection (a)— 

17 (A) in the subsection heading, by striking 

18 ‘‘TWO-YEAR PROHIBITION’’ and inserting 

19 ‘‘FOUR-YEAR PROHIBITION’’; 

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

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

22 four-year period’’; and 

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

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

25 6 or higher’’; 


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1 (2) by striking subsection (b); 

2 (3) by redesignating subsection (c) as sub3 section (b); and 

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

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

6 support of lobbying contact with an officer or em7 ployee of the Department of Defense’’ before the pe8 riod at the end. 

9 SEC. 107. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF 

10 PERSONAL INTEREST REQUIREMENTS FOR 

11 DEPARTMENT OF DEFENSE OFFICERS AND 

12 EMPLOYEES. 

13 (a) IN GENERAL.—An officer or employee of the De14 partment of Defense may not participate personally and 

15 substantially in any covered matter that the officer or em16 ployee knows, or reasonably should know, is likely to have 

17 a direct and predictable effect on the financial interests 

18 of any of the following: 

19 (1) Any organization, including a trade organi20 zation, for which the officer or employee has served 

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

22 partner in the past 4 years. 

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

24 organization for which the officer or employee has 


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

2 general partner in the past 4 years. 

3 (3) Any employer with whom the officer or em4 ployee is seeking employment. 

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

6 construed to terminate, alter, or make inapplicable any 

7 other prohibition or limitation in law or regulation on the 

8 participation of officers or employees of the Department 

9 of Defense in covered matters having an effect on their 

10 or related financial or other personal interests. 

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

12 the term ‘‘covered matter’’— 

13 (1) means any matter that involves deliberation, 

14 decision, or action that is focused upon the interests 

15 of a specific person or a discrete and identifiable 

16 class of persons; and 

17 (2) includes policymaking that is narrowly fo18 cused on the interests of a discrete and identifiable 

19 class of persons. 

20 SEC. 108. PROHIBITION ON OWNERSHIP OR TRADING OF 

21 STOCKS IN CERTAIN COMPANIES BY DEPART22 MENT OF DEFENSE OFFICERS AND EMPLOY23 EES. 

24 (a) PROHIBITION ON OWNERSHIP AND TRADING BY

25 CERTAIN SENIOR OFFICIALS.— 


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1 (1) PROHIBITION.—An official of the Depart2 ment of Defense described in paragraph (2) may not 

3 own or trade a publicly traded stock of a company 

4 if, during the preceding calendar year, the company 

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

6 the Department of Defense, including through one 

7 or more contracts with the Department. 

8 (2) DEPARTMENT OF DEFENSE OFFICIALS.— 

9 An official of the Department of Defense described 

10 in this paragraph is any current Department of De11 fense official described by section 847(c) of the Na12 tional Defense Authorization Act for Fiscal Year 

13 2008 (10 U.S.C. 1701 note). 

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

15 trade of a stock in violation of paragraph (1) is an 

16 offense under section 208 of title 18, United States 

17 Code. 

18 (b) PROHIBITION ON OWNERSHIP AND TRADING BY

19 ALL OFFICERS AND EMPLOYEES.—An officer or employee 

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

21 publicly traded stock of a company that is a contractor 

22 or subcontractor of the Department if the Office of Stand23 ards and Compliance of the Office of the General Counsel 

24 of the Department of Defense determines that the value 

25 of the stock may be directly or indirectly influenced by 


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1 any official action of the officer or employee for the De2 partment. 

3 (c) INAPPLICABILITY TO MUTUAL FUNDS.—For pur4 poses of this section, publicly traded stock does not include 

5 a widely held investment fund described in section 

6 102(f)(8) of the Ethics in Government Act of 1978 (5 

7 U.S.C. App.). 

8 TITLE II—LIMITING FOREIGN 

9 INFLUENCE 

10 SEC. 201. ANNUAL REPORTS ON APPROVAL OF EMPLOY11 MENT OR COMPENSATION OF RETIRED GEN12 ERAL OR FLAG OFFICERS BY FOREIGN GOV13 ERNMENTS FOR EMOLUMENTS CLAUSE PUR14 POSES. 

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

16 United States Code, is amended— 

17 (1) by redesignating subsection (c) as sub18 section (d); and 

19 (2) by inserting after subsection (b) the fol20 lowing new subsection (c): 

21 ‘‘(c) ANNUAL REPORTS ON APPROVALS FOR RE22 TIRED GENERAL AND FLAG OFFICERS.—(1) Not later 

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

24 departments shall jointly submit to the appropriate com25 mittees and Members of Congress a report on each apVerDate Sep 11 2014 21:46 May 29, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1503.IS S1503

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1 proval under subsection (b) for employment or compensa2 tion described in subsection (a) for a retired member of 

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

4 was issued during the preceding year. 

5 ‘‘(2) In this subsection, the appropriate committees 

6 and Members of Congress are— 

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

8 Committee on Foreign Relations, and the Committee 

9 on Appropriations of the Senate; 

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

11 Committee on Foreign Affairs, and the Committee 

12 on Appropriations of the House of Representatives; 

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

14 Leader of the Senate; and 

15 ‘‘(D) the Speaker of the House of Representa16 tives and the Minority Leader of the House of Rep17 resentatives.’’. 

18 (b) SCOPE OF FIRST REPORT.—The first report sub19 mitted pursuant to subsection (c) of section 908 of title 

20 37, United States Code (as amended by subsection (a) of 

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

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

23 the year in which such report is submitted. 


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1 SEC. 202. ADVISING FOREIGN GOVERNMENTS. 

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

3 amended— 

4 (1) by redesignating paragraph (3) as para5 graph (4); and 

6 (2) by inserting after paragraph (2) the fol7 lowing new paragraph: 

8 ‘‘(3) PERMANENT RESTRICTION WITHOUT

9 PRIOR APPROVAL.— 

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

11 been employed as a senior official in the White 

12 House, the Department of State, the Depart13 ment of Defense, or the Department of the 

14 Treasury who, without the explicit prior ap15 proval of the Secretary of State, performs com16 pensated work for a foreign entity that might 

17 benefit from the knowledge obtained by the per18 son as a result of such United States Govern19 ment employment, shall be punished as pro20 vided in section 216 of this title. 

21 ‘‘(B) LIMITATION ON APPROVAL.—The 

22 Secretary of State may not approve any work 

23 described in subparagraph (A) that conflicts 

24 with the national security interests of the 

25 United States, as determined by the Secretary 


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1 and verified by the Director of National Intel2 ligence. 

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

4 State shall submit an annual report listing all 

5 of the approvals under subparagraph (A) dur6 ing the prior calendar year to the Committee on 

7 Foreign Relations of the Senate, the Committee 

8 on Armed Services of the Senate, the Select 

9 Committee on Intelligence of the Senate, the 

10 Committee on Foreign Affairs of the House of 

11 Representatives, the Committee on Armed Serv12 ices of the House of Representatives, and the 

13 Permanent Select Committee on Intelligence of 

14 the House of Representatives.’’. 

15 SEC. 203. BAN ON FORMER MILITARY AND CIVILIAN INTEL16 LIGENCE OFFICERS FROM FOREIGN EMPLOY17 MENT. 

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

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

20 clearance, upon separation from service or resignation, are 

21 prohibited from obtaining employment with a foreign gov22 ernment or a private company doing work predominantly 

23 on behalf of a foreign government. 

24 (b) EXEMPTION.— 


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1 (1) IN GENERAL.—Employment with the Gov2 ernment of Australia, of Canada, of New Zealand, or 

3 of the United Kingdom is not subject to the prohibi4 tion under subsection (a). 

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

6 granted a waiver by the Secretary of State for em7 ployment by any other foreign government. Such 

8 waiver will be presumptively granted in cases that 

9 ex-officers seek employment in jobs focused on hu10 manitarian aid, development, or infrastructure im11 provement. Waivers for employment in other jobs 

12 shall be determined based on whether such employ13 ment would reasonably involve the use or disclosure 

14 or appropriation of sources, methods, or skills that 

15 could pose a threat to United States interests when 

16 employed by other countries or enable the repression 

17 of the nationals of such countries. 

18 TITLE III—TRANSPARENCY 

19 SEC. 301. AFFIRMATIVE CONTRACTOR RECORD DISCLO20 SURES. 

21 The Secretary of Defense shall publish on a publicly 

22 available Internet website the following information to the 

23 extent such information is unclassified and non-confiden24 tial: 


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1 (1) In the case of a contract with the Depart2 ment of Defense for goods or services above the sim3 plified acquisition threshold specified in section 134 

4 of title 41, United States Code— 

5 (A) copies of each contract and task deliv6 ery order the contractor on such contract has 

7 entered into with the Department of Defense 

8 during the previous three fiscal years; and 

9 (B) past performance information about 

10 the contractor to the extent it is maintained by 

11 the Department. 

12 (2) In the case of a contract with the Depart13 ment of Defense for goods or services in excess of 

14 $10,000,000, all correspondence and documents re15 lated to the contract. 

16 (3) The contractor report required under sec17 tion 2410t of title 10, United States Code, as added 

18 by section 102 of this Act. 

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

20 (a) DEFINITIONS.—In this section— 

21 (1) the term ‘‘covered contractor’’ means a pri22 vate contractor that entered into a contract with the 

23 Department; 

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

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1 fillment of a Department contract by a covered con2 tractor; and 

3 (3) the term ‘‘Department’’ means the Depart4 ment 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 Department; 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 Department. 

15 (c) INCLUSION OF FOIA PROVISIONS.—In any con16 tract entered into by a covered contractor with the Depart17 ment, the Department 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 institute of higher education) that— 

21 (A) received more than $10,000,000 in an22 nual revenue from Federal Government con23 tracts or licenses in any of the previous three 

24 fiscal years; or 


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1 (B) earned more than 20 percent of its 

2 total annual revenue from Federal Government 

3 contracts or licenses in any of the previous 

4 three fiscal years. 

5 SEC. 304. AVAILABILITY ON THE INTERNET OF CERTAIN IN6 FORMATION ABOUT OFFICERS SERVING IN 

7 GENERAL OR FLAG OFFICER GRADES. 

8 (a) AVAILABILITY REQUIRED.—The Secretary of 

9 each military department shall make available on an Inter10 net website of such department available to the public in11 formation specified in subsection (b) on each officer in a 

12 general or flag officer grade under the jurisdiction of such 

13 Secretary, including any such officer on the reserve active14 status list. 

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

16 specified by this subsection to be made available pursuant 

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

18 (1) The officer’s name. 

19 (2) The officer’s current billet. 

20 (3) A biographical summary of the officer. 

21 (4) Any financial disclosures made by the offi22 cer to or for Department of Defense purposes. 

23 (5) Any substantiated reports of an Inspector 

24 General in the Department of Defense involving con25 duct of the officer. 


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1 (6) Summaries of any command climate survey 

2 conducted with respect to a command of the officer. 

3 (c) REDACTION.—Information made available pursu4 ant to subsection (a) may be redacted in a manner that 

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

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

7 Act’’). 

Æ 


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