I 
110TH CONGRESS 
2D SESSION 
H. R. 7168 
To amend title 10, United States Code, to require defense contractors to 
disclose certain information regarding former Department of Defense 
officials, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2008 
Ms. SLAUGHTER introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committee on Oversight 
and Government Reform, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend title 10, United States Code, to require defense 
contractors to disclose certain information regarding 
former Department of Defense officials, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness and Account-
ability in Defense Contracting Act’’. 
VerDate Aug 31 2005 
00:45 Oct 03, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7168.IH
H7168
rfrederick on PROD1PC67 with BILLS
SEC. 2. REQUIREMENTS FOR DEFENSE CONTRACTORS RE-
LATING TO CERTAIN FORMER DEPARTMENT 
OF DEFENSE OFFICIALS. 
(a) REQUIREMENTS.— 
(1) IN
GENERAL.—Chapter 141 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2410r. Defense contractors: requirements con-
cerning former Department of Defense of-
ficials 
‘‘(a) REQUIREMENT FOR WRITTEN STATEMENT FOR 
BIDS AND PROPOSALS FOR COVERED CONTRACTS.—Each 
solicitation of offers by the Department of Defense for a 
covered contract shall include a requirement that the of-
feror include with the bid or proposal for the contract a 
written statement setting forth the information required 
by subsection (c). 
‘‘(b) REQUIREMENT
FOR REPORT
FOR COVERED 
CONTRACTS.—Each covered contract that is entered into 
by the Department of Defense shall include a provision 
under which the contractor agrees to submit to the Sec-
retary of Defense, not later than April 1 of each year such 
contract is in effect, a written report setting forth the in-
formation required by subsection (c). 
VerDate Aug 31 2005 
00:45 Oct 03, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7168.IH
H7168
rfrederick on PROD1PC67 with BILLS
‘‘(c) INFORMATION.—A written statement by an of-
feror under subsection (a), and a report by a contractor 
under subsection (b), shall— 
‘‘(1) list the name of each person who— 
‘‘(A) is a former officer or employee of the 
Department of Defense or a former or retired 
member of the armed forces; and 
‘‘(B) during the preceding calendar year 
was provided compensation by the offeror or 
contractor, if such compensation was first pro-
vided by the offeror or contractor— 
‘‘(i) not more than five years after 
such officer, employee, or member left 
service in the Department of Defense; and 
‘‘(ii) not more than five years before 
the date on which the written statement or 
report is required to be submitted; and 
‘‘(2) in the case of each person listed under 
paragraph (1)— 
‘‘(A) identify the agency in which such per-
son was employed or served on active duty dur-
ing the last two years of such person’s service 
with the Department of Defense; 
‘‘(B) state such person’s job title and iden-
tify each major defense system, if any, on which 
VerDate Aug 31 2005 
00:45 Oct 03, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7168.IH
H7168
rfrederick on PROD1PC67 with BILLS
such person performed any work with the De-
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 offeror or contractor and identify each 
major defense system on which such person has 
performed any work on behalf of the offeror or 
contractor. 
‘‘(d) COVERED CONTRACT.—In this section, the term 
‘covered contract’ means a contract for the procurement 
of goods or services in excess of $1,000,000, other than 
a contract for the procurement of commercial items. 
‘‘(e) REPORT BY SECRETARY OF DEFENSE.—The 
Secretary of Defense shall submit an annual report to the 
congressional defense committees containing a summary 
of the written statements received by offerors pursuant to 
subsection (a), and the reports received by contractors 
pursuant to subsection (b), during the year covered by the 
report.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 141 of such title 
is amended by adding at the end the following new 
item: 
‘‘2410r. Defense contractors: requirements concerning former Department of 
Defense officials.’’. 
VerDate Aug 31 2005 
00:45 Oct 03, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6211
E:\BILLS\H7168.IH
H7168
rfrederick on PROD1PC67 with BILLS
(b) APPLICABILITY.— 
(1) BIDS AND PROPOSALS.—Section 2410r(a) 
of title 10, United States Code, as added by sub-
section (a), shall apply with respect to bids or pro-
posals submitted on or after the date occurring 180 
days after the date of the enactment of this Act. 
(2) CONTRACTS.—Section 2410r(b) of such 
title, as added by subsection (a), shall apply with re-
spect to contracts in effect on, or awarded on or 
after, the date occurring 180 days after the date of 
the enactment of this Act. 
SEC. 3. REPORT OF GOVERNMENT ACCOUNTABILITY OF-
FICE. 
Not later than 60 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall prepare and submit to Congress a report on 
the implementation and enforcement of section 27 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 
423). 
Æ 
VerDate Aug 31 2005 
00:45 Oct 03, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H7168.IH
H7168
rfrederick on PROD1PC67 with BILLS