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partment of Defense during the last two years of
such person’s service with the Department; and
‘‘(C) state such person’s current job title
with the contractor and identify each major de-
fense system on which such person has performed
any work on behalf of the contractor.
‘‘(c) DUPLICATE INFORMATION NOT REQUIRED.—An
annual report submitted by a contractor pursuant to sub-
section (b) need not provide information with respect to any
former officer or employee of the Department of Defense or
former or retired member of the armed forces if such infor-
mation has already been provided in a previous annual re-
port filed by such contractor under this section.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 141 of such title, as
so amended, is further amended by adding at the end
the following new item:
‘‘2410r. Defense contractors: requirements concerning former Department of De-
fense officials.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment
of this Act, and shall apply with respect to contracts entered
into on or after that date.
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SEC. 863. REPORT ON CONTRACTOR ETHICS PROGRAMS OF
MAJOR DEFENSE CONTRACTORS.
(a) REPORT REQUIRED.—Not later than one year
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the Committees
on Armed Services of the Senate and the House of Rep-
resentatives a report on the internal ethics programs of
major defense contractors.
(b) ELEMENTS.—The report required by subsection (a)
shall address, at a minimum—
(1) the extent to which major defense contractors
have internal ethics programs in place;
(2) the extent to which the ethics programs de-
scribed in paragraph (1) include—
(A) the availability of internal mechanisms,
such as hotlines, for contractor employees to re-
port conduct that may violate applicable require-
ments of law or regulation;
(B) notification to contractor employees of
the availability of external mechanisms, such as
the hotline of the Inspector General of the De-
partment of Defense, for the reporting of conduct
that may violate applicable requirements of law
or regulation;
(C) notification to contractor employees of
their right to be free from reprisal for disclosing
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a substantial violation of law related to a con-
tract, in accordance with section 2409 of title 10,
United States Code;
(D) ethics training programs for contractor
officers and employees;
(E) internal audit or review programs to
identify and address conduct that may violate
applicable requirements of law or regulation;
(F) 
self-reporting 
requirements, 
under
which contractors report conduct that may vio-
late applicable requirements of law or regulation
to appropriate government officials;
(G) disciplinary action for contractor em-
ployees whose conduct is determined to have vio-
lated applicable requirements of law or regula-
tion; and
(H) appropriate management oversight to
ensure the successful implementation of such eth-
ics programs;
(3) the extent to which the Department of De-
fense monitors or approves the ethics programs of
major defense contractors; and
(4) the advantages and disadvantages of legisla-
tion requiring that defense contractors develop inter-
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nal ethics programs and requiring that specific ele-
ments be included in such ethics programs.
(c) ACCESS TO INFORMATION.—In accordance with the
contract clause required pursuant to section 2313(c) of title
10, United States Code, each major defense contractor shall
provide the Comptroller General access to information re-
quested by the Comptroller General that is within the scope
of the report required by this section.
(d) MAJOR DEFENSE CONTRACTOR DEFINED.—In this
section, the term ‘‘major defense contractor’’ means any
company that received more than $500,000,000 in contract
awards from the Department of Defense during fiscal year
2006.
SEC. 864. REPORT ON DEPARTMENT OF DEFENSE CON-
TRACTING 
WITH 
CONTRACTORS 
OR 
SUB-
CONTRACTORS 
EMPLOYING 
MEMBERS 
OF
THE SELECTED RESERVE.
(a) STUDY REQUIRED.—The Secretary of Defense shall
conduct a study on contracting with the Department of De-
fense by actual and potential contractors and subcontrac-
tors of the Department who employ members of the Selected
Reserve of the reserve components of the Armed Forces.
(b) ELEMENTS.—The study required by subsection (a)
shall address the following:
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(1) The extent to which actual and potential con-
tractors and subcontractors of the Department, in-
cluding small businesses, employ members of the Se-
lected Reserve.
(2) The extent to which actual and potential con-
tractors and subcontractors of the Department have
been or are likely to be disadvantaged in the perform-
ance of contracts with the Department, or in competi-
tion for new contracts with the Department, when
employees who are such members are mobilized as
part of a United States military operation overseas.
(3) Any actions that, in the view of the Sec-
retary, should be taken to address any such disadvan-
tage, including—
(A) the extension of additional time for the
performance of contracts to contractors and sub-
contractors of the Department who employ mem-
bers of the Selected Reserve who are mobilized as
part of a United States military operation over-
seas; and
(B) the provision of assistance in forming
contracting relationships with other entities to
ameliorate the temporary loss of qualified per-
sonnel.
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(4) For any action addressed under paragraph
(3)—
(A) the impact of that action on small busi-
ness concerns (as that term is defined in section
3 of the Small Business Act (15 U.S.C. 632));
and
(B) how contractors and subcontractors that
are small business concerns may assist in ad-
dressing any such disadvantage.
(c) REPORT.—Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to
Congress a report on the study required by this section. The
report shall set forth the findings and recommendations of
the Secretary as a result of the study.
(d) REPEAL OF SUPERSEDED AUTHORITY.—Section
819 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109–163; 119 Stat. 3385; 10 U.S.C.
2305 note) is repealed.
SEC. 865. CONTINGENCY CONTRACTING TRAINING FOR
PERSONNEL 
OUTSIDE 
THE 
ACQUISITION
WORKFORCE.
(a) TRAINING REQUIREMENT.—Section 2333 of title
10, United States Code is amended—
(1) by redesignating subsection (e) as subsection
(f); and
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(2) by inserting after subsection (d) the following
new subsection (e):
‘‘(e) TRAINING FOR PERSONNEL OUTSIDE ACQUISI-
TION WORKFORCE.—(1) The joint policy for requirements
definition, contingency program management, and contin-
gency contracting required by subsection (a) shall provide
for training of military personnel outside the acquisition
workforce (including operational field commanders and of-
ficers performing key staff functions for operational field
commanders) who are expected to have acquisition responsi-
bility, including oversight duties associated with contracts
or contractors, during combat operations, post-conflict oper-
ations, and contingency operations.
‘‘(2) Training under paragraph (1) shall be sufficient
to ensure that the military personnel referred to in that
paragraph understand the scope and scale of contractor
support they will experience in contingency operations and
are prepared for their roles and responsibilities with regard
to requirements definition, program management (includ-
ing contractor oversight), and contingency contracting.
‘‘(3) The joint policy shall also provide for the incorpo-
ration of contractors and contract operations in mission
readiness exercises for operations that will include con-
tracting and contractor support.’’.
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(b) 
COMPTROLLER
GENERAL
REPORT.—Section
854(c) of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat.
2346) is amended by adding at the end the following new
paragraph:
‘‘(3) COMPTROLLER
GENERAL
REPORT.—Not
later than 180 days after the date on which the Sec-
retary of Defense submits the final report required by
paragraph (2), the Comptroller General of the United
States shall—
‘‘(A) review the joint policies developed by
the Secretary, including the implementation of
such policies; and
‘‘(B) submit to the Committees on Armed
Services of the Senate and the House of Rep-
resentatives a report on the extent to which such
policies. and the implementation of such policies,
comply with the requirements of section 2333 of
title 10, United States Code (as so added).’’.
Subtitle E—Other Matters
SEC. 871. CONTRACTORS PERFORMING PRIVATE SECURITY
FUNCTIONS IN AREAS OF COMBAT OPER-
ATIONS.
(a) REGULATIONS
ON CONTRACTORS PERFORMING
PRIVATE SECURITY FUNCTIONS.—
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(1) IN GENERAL.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall prescribe regulations on the selection,
training, equipping, and conduct of personnel per-
forming private security functions under a covered
contract or covered subcontract in an area of combat
operations.
(2) 
ELEMENTS.—The 
regulations 
prescribed
under subsection (a) shall, at a minimum, establish—
(A) a process for registering, processing, ac-
counting for, and keeping appropriate records of
personnel performing private security functions
in an area of combat operations;
(B) a process for authorizing and account-
ing for weapons to be carried by, or available to
be used by, personnel performing private security
functions in an area of combat operations;
(C) a process for the registration and iden-
tification of armored vehicles, helicopters, and
other military vehicles operated by contractors
and subcontractors performing private security
functions in an area of combat operations;
(D) a process under which contractors are
required to report all incidents, and persons
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other than contractors are permitted to report
incidents, in which—
(i) a weapon is discharged by per-
sonnel performing private security functions
in an area of combat operations;
(ii) personnel performing private secu-
rity functions in an area of combat oper-
ations are filled or injured; or
(iii) persons are killed or injured, or
property is destroyed, as a result of conduct
by contractor personnel;
(E) a process for the independent review
and, where appropriate, investigation of—
(i) incidents reported pursuant to sub-
paragraph (D); and
(ii) incidents of alleged misconduct by
personnel performing private security func-
tions in an area of combat operations;
(F) qualification, training, screening, and
security requirements for personnel performing
private security functions in an area of combat
operations;
(G) guidance to the commanders of the com-
batant commands on the issuance of—
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(i) orders, directives, and instructions
to contractors and subcontractors per-
forming private security functions relating
to force protection, security, health, safety,
or relations and interaction with locals;
(ii) predeployment training require-
ments for personnel performing private se-
curity functions in an area of combat oper-
ations, addressing the requirements of this
section, resources and assistance available to
contractor personnel, country information
and cultural training, and guidance on
working with host country nationals and
military; and
(iii) rules on the use of force for per-
sonnel performing private security functions
in an area of combat operations;
(H) a process by which a commander of a
combatant command may request an action de-
scribed in subsection (b)(3); and
(I) a process by which the Department of
Defense shall implement the training require-
ments referred to in subparagraph (G)(ii).
(3) AVAILABILITY OF ORDERS, DIRECTIVES, AND
INSTRUCTIONS.—The regulations prescribed under
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subsection (a) shall include mechanisms to ensure the
provision and availability of the orders, directives,
and instructions referred to in paragraph (2)(G)(i) to
contractors and subcontractors referred to in that
paragraph, including through the maintenance of a
single location (including an Internet website) at or
through which such contractors and subcontractors
may access such orders, directives, and instructions.
(b) CONTRACT
CLAUSE
ON
CONTRACTORS
PER-
FORMING PRIVATE SECURITY FUNCTIONS.—
(1) REQUIREMENT UNDER FAR.—Not later than
180 days after the date of the enactment of this Act,
the Federal Acquisition Regulation issued in accord-
ance with section 25 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 421) shall be revised to
require the insertion into each covered contract and
covered subcontract of a contract clause addressing
the selection, training, equipping, and conduct of per-
sonnel performing private security functions under
such contract or subcontract.
(2) CLAUSE REQUIREMENT.—The contract clause
required by paragraph (1) shall require, at a min-
imum, that the contractor or subcontractor concerned
shall—
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(A) comply with Department of Defense
procedures for—
(i) registering, processing, accounting
for, and keeping appropriate records of per-
sonnel performing private security functions
in an area of combat operations;
(ii) authorizing and accounting of
weapons to be carried by, or available to be
used by, personnel performing private secu-
rity functions in an area of combat oper-
ations;
(iii) registration and identification of
armored vehicles, helicopters, and other
military vehicles operated by contractors
and subcontractors performing private secu-
rity functions in an area of combat oper-
ations; and
(iv) the reporting of incidents in
which—
(I) a weapon is discharged by
personnel performing private security
functions in an area of combat oper-
ations;