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(3) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3)(A) In the case of a contract covered by subsection
(f), an employee of a contractor who has been discharged,
demoted, or otherwise discriminated against as a reprisal
for a disclosure covered by subsection (a) or who is ag-
grieved by the determination made pursuant to paragraph
(1) or by an action that the agency head has taken or failed
to take pursuant to such determination may, after exhaust-
ing his or her administrative remedies, bring a de novo ac-
tion at law or equity against the contractor to seek compen-
satory damages and other relief available under this section
in the appropriate district court of the United States, which
shall have jurisdiction over such an action without regard
to the amount in controversy. Such an action shall, at the
request of either party to the action, be tried by the court
with a jury.
‘‘(B) An employee shall be deemed to have exhausted
his or her administrative remedies for the purpose of this
paragraph—
‘‘(i) 90 days after the receipt of a written deter-
mination under paragraph (1); or
‘‘(ii) 15 months after a complaint is submitted
under subsection (b), if a determination by an agency
head has not been made by that time and such delay
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is not shown to be due to the bad faith of the com-
plainant.’’.
(c) LEGAL BURDEN OF PROOF.—Such section is fur-
ther amended—
(1) by redesignating subsection (e) as subsection
(g); and
(2) by inserting after subsection (d) the following
new subsection:
‘‘(e) LEGAL BURDEN OF PROOF.—The legal burdens
of proof specified in section 1221(e) of title 5 shall be con-
trolling for the purposes of any investigation conducted by
an inspector general, decision by the head of an agency,
or hearing to determine whether discrimination prohibited
under this section has occurred.’’.
(d) REQUIREMENT TO NOTIFY EMPLOYEES OF RIGHTS
RELATED TO PROTECTION FROM REPRISAL.—Such section,
as amended by subsection (c), is further amended by insert-
ing after subsection (e) the following new subsection:
‘‘(f) NOTICE OF RIGHTS RELATED TO PROTECTION
FROM REPRISAL.—
‘‘(1) IN GENERAL.—Each Department of Defense
contract in excess of $5,000,000, other than a contract
for the purchase of commercial items, shall include a
clause requiring the contractor to ensure that all em-
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ployees of the contractor who are working on Depart-
ment of Defense contracts are notified of—
‘‘(A) their rights under this section;
‘‘(B) the fact that the restrictions imposed
by any employee contract, employee agreement,
or non-disclosure agreement may not supersede,
conflict with, or otherwise alter the employee
rights provided for under this section; and
‘‘(C) the telephone number for the whistle-
blower hotline of the Inspector General of the De-
partment of Defense.
‘‘(2) FORM OF NOTICE.—The notice required by
paragraph (1) shall be made by posting the required
information at a prominent place in each workplace
where employees working on the contract regularly
work.’’.
(e) DEFINITIONS.—Subsection (g) of such section, as
redesignated by subsection (c)(1), is amended—
(1) in paragraph (4), by inserting after ‘‘an
agency’’ the following: ‘‘and includes any person re-
ceiving funds covered by the prohibition against re-
prisals in subsection (a)’’;
(2) in paragraph (5), by inserting after ‘‘1978’’
the following: ‘‘and any Inspector General that re-
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ceives funding from or is under the jurisdiction of the
Secretary of Defense’’; and
(3) by adding at the end the following new para-
graphs:
‘‘(6) The term ‘employee’ means an individual
(as defined by section 2105 of title 5) or any indi-
vidual or organization performing services for a con-
tractor, grantee, or other recipient if the United
States Government provides any portion of the money
or property which is requested or demanded (includ-
ing as an employee of an organization).
‘‘(7) The term ‘Department of Defense funds’ in-
cludes funds controlled by the Department of Defense
and funds for which the Department of Defense may
be reasonably regarded as responsible to a third
party.’’.
SEC. 862. 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, as amended by section 826 of this
Act, is further amended by adding at the end the fol-
lowing new section:
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‘‘§ 2410r. 
Defense 
contractors: 
requirements 
con-
cerning former Department of Defense of-
ficials
‘‘(a) IN GENERAL.—Each contract for the procurement
of goods or services in excess of $10,000,000, other than a
contract for the procurement of commercial items, that is
entered into by the Department of Defense shall include a
provision under which the contractor agrees to submit to
the Secretary of Defense, not later than April 1 of each year
such contract is in effect, a written report setting forth the
information required by subsection (b).
‘‘(b) REPORT INFORMATION.—Except as provided in
subsection (c), a report by a contractor under subsection
(a) 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 who served—
‘‘(i) in an Executive Schedule position
under subchapter II of chapter 53 of title 5;
‘‘(ii) in a position in the Senior Exec-
utive Service under subchapter VIII of
chapter 53 of title 5;
‘‘(iii) in a general or flag officer posi-
tion compensated at a rate of pay for grade
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0–7 or above under section 201 of title 37;
or
‘‘(iv) as a program manager, deputy
program manager, procuring contracting
officer, administrative contracting officer,
source selection authority, member of the
source selection evaluation board, or chief of
a financial or technical evaluation team for
a contract with a value in excess of
$10,000,000; and
‘‘(B) during the preceding calendar year
was provided compensation by the contractor, if
such compensation was first provided by the con-
tractor not more than two years after such offi-
cer, employee, or member left service in the De-
partment of Defense; and
‘‘(2) in the case of each person listed under para-
graph (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
such person performed any work with the De-