Title: Department of Defense Ethics and Anti-corruption Act of 2019
Policy area: Armed Forces and National Security

Summary:
Department of Defense Ethics and Anti-corruption Act of 2019
This bill addresses the conduct of Department of Defense (DOD) officials regarding relationships with military contractors.
With respect to certain DOD officials involved in contracting, the bill increases the following: (1) the period during which an official leaving DOD and seeking compensation from a contractor must obtain an ethics opinion concerning post-employment restrictions, (2) the length of time such requests must be retained in a central repository, and (3) the frequency of Inspector General reviews of providing and retaining opinions.
Each procurement contract of a value exceeding $10 million must require the contractor to annually report information (including concerning lobbying activities) about former officials and military officers who received compensation within four years after leaving service. Such a contract shall include a clause prohibiting the contractor from receiving the compensation.
Contracts with contractors that received an average of more than $1 billion in revenue in the previous three years from DOD or the Department of Energy (related to the U.S. nuclear program) shall prohibit the employment or payment of certain DOD officials within four years of leaving DOD service.
In addition, the bill includes restrictions and conditions concerning:

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4277 Introduced in House (IH)]

<DOC>






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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Defense Ethics and Anti-corruption Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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.

            TITLE I--REVOLVING DOOR AND CONTRACTOR INFLUENCE

SEC. 101. HEIGHTENED REVOLVING DOOR REQUIREMENTS.

    Section 847 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note) is amended--
            (1) in subsection (a)(1), by striking ``within two years 
        after leaving service'' and inserting ``within four years after 
        leaving service''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``retained by the 
                        Department of Defense in a central database or 
                        repository maintained by the General Counsel of 
                        the Department for not less than five years'' 
                        and inserting ``retained by the Department of 
                        Defense in a central database or repository 
                        maintained by the Standards of Conduct Office 
                        of the Department for not less than ten 
                        years''; and
                            (ii) by inserting ``and shall be posted on 
                        a publicly available Internet website of the 
                        Standards of Conduct Office'' after ``opinion 
                        was provided''; and
                    (B) in paragraph (2), by inserting ``not less than 
                biannually'' after ``conduct periodic reviews''.

SEC. 102. REQUIREMENTS FOR DEFENSE CONTRACTORS RELATING TO CERTAIN 
              FORMER DEPARTMENT OF DEFENSE OFFICIALS AND LOBBYING 
              ACTIVITIES.

    (a) Requirements.--
            (1) In general.--Chapter 141 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2410t. Defense contractors report: requirements concerning 
              former Department of Defense officials and lobbying 
              activities
    ``(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 products or commercial services, that is 
entered into by the Secretary 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 Contents.--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 
                        Executive Service under subchapter VIII of 
                        chapter 53 of title 5;
                            ``(iii) in a position compensated at a rate 
                        of pay for grade O-6 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 such 
                        a contract; and
                    ``(B) during the preceding calendar year was 
                provided compensation by the contractor, if such 
                compensation was first provided by the contractor not 
                more than four years after such former officer or 
                employee of the Department of Defense, or such former 
                or retired member of the armed forces, left service in 
                the Department of Defense;
            ``(2) in the case of each person listed under paragraph 
        (1)(A)--
                    ``(A) identify the department or entity in which 
                such person was employed or served on active duty 
                during the last two years of such person's service with 
                the Department of Defense; and
                    ``(B) state such person's job title and identify 
                any major defense acquisition program (as defined in 
                section 2430 of title 10, United States Code) or any 
                contract with a value greater than $100,000,000 on 
                which such person performed any work or for which such 
                person provided any goods pursuant to a contract with 
                the Department of Defense during the last two years of 
                such person's service with the Department; and
            ``(3) if the contractor is a client, include--
                    ``(A) a statement that--
                            ``(i) lists each specific issue for which 
                        the contractor, any employee of the contractor, 
                        or any lobbyist paid by the contractor engaged 
                        in lobbying activities directed at the 
                        Department of Defense; and
                            ``(ii) specifies the Federal rule or 
                        regulation, Executive order, or other program, 
                        policy, contract, or position of the Department 
                        of Defense to which the lobbying activities 
                        described in clause (i) related;
                            ``(iii) lists each lobbying activity 
                        directed at the Department of Defense that the 
                        contractor, any employee of the contractor, or 
                        any lobbyist paid by the contractor has engaged 
                        in on behalf of the contractor, including--
                                    ``(I) each document prepared by the 
                                contractor, any employee of the 
                                contractor, or any lobbyist paid by the 
                                contractor that was submitted to an 
                                officer or employee of the Department 
                                of Defense by the lobbyist;
                                    ``(II) each meeting that was a 
                                lobbying contact with an officer or 
                                employee of the Department of Defense, 
                                including the subject of the meeting, 
                                the date of the meeting, and the name 
                                and position of each individual who 
                                attended the meeting;
                                    ``(III) each phone call made to an 
                                officer or employee of the Department 
                                of Defense that was a lobbying contact, 
                                including the subject of the phone 
                                call, the date of the phone call, and 
                                the name and position of each 
                                individual who was on the phone call; 
                                and
                                    ``(IV) each electronic 
                                communication sent to an officer or 
                                employee of the Department of Defense 
                                that was a lobbying contact, including 
                                the subject of the electronic 
                                communication, the date of the 
                                electronic communication, and the name 
                                and position of each individual who 
                                received the electronic communication;
                            ``(iv) lists the name of each employee of 
                        the contractor who--
                                    ``(I) did not participate in a 
                                lobbying contact with an officer or 
                                employee of the Department of Defense; 
                                and
                                    ``(II) engaged in lobbying 
                                activities in support of a lobbying 
                                contact with an officer or employee of 
                                the Department of Defense; and
                            ``(v) describes the lobbying activities 
                        referred to in clause (iv)(II); and
                    ``(B) a copy of any document transmitted to an 
                officer or employee of the Department of Defense in the 
                course of the lobbying activities described in 
                subparagraph (A)(iv)(II).
    ``(c) Duplicate Information Not Required.--An annual report 
submitted by a contractor pursuant to subsection (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 information has already been provided in a previous annual 
report filed by such contractor under this section.
    ``(d) Publication.--Secretary of Defense shall publish on a 
publicly available Internet website the report required under this 
section.
    ``(e) Definitions.--In subsection (b)(3), the terms `client', 
`lobbying activities', `lobbying contact', and `lobbyist' have the 
meanings given the terms in section 3 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1603).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 141 of such title is amended by adding at 
        the end the following new item:

``Sec. 2410t. Defense contractors report: requirements concerning 
                            former Department of Defense officials and 
                            lobbying activities.''.
    (b) Effective Date.--The amendments made by subsection (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.

SEC. 103. COMPTROLLER GENERAL REPORT ON POST-GOVERNMENT EMPLOYMENT OF 
              FORMER DEPARTMENT OF DEFENSE OFFICIALS.

    Not later than 90 days after the date of the enactment of this Act, 
the Comptroller General of the United States shall initiate a review 
updating the information and findings contained in the May 2008 
Government Accountability Office report entitled, ``Defense 
Contracting: Post-Government Employment of Former DOD Officials Needs 
Greater Transparency'' (GAO-08-485). The Comptroller General shall 
provide an interim briefing on the status of the review to the 
congressional defense committees not later than December 31, 2020, with 
a report to follow by a date agreed upon with the committees.

SEC. 104. BAN ON HIRING CONTRACTING OFFICIALS ENFORCEABLE ON CERTAIN 
              CONTRACTS.

    (a) Prohibition.--
            (1) In general.--Any contract for the procurement of goods 
        or services (other than a contract for the procurement of 
        commercial products or commercial services) with a value 
        greater than $10,000,000 shall include a contract clause 
        prohibiting the contractor from providing compensation to a 
        former Department of Defense official described in paragraph 
        (2) within four years after such former official leaves service 
        in the Department of Defense.
            (2) Covered department of defense official.--An official or 
        former official of the Department of Defense is covered by the 
        requirements of this section if such official or former 
        official is a former officer or employee of the Department of 
        Defense or a former or retired member of the Armed Forces who 
        served 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 such 
        person--
                    (A) participated in the contract or license 
                selection;
                    (B) determined or signed off on the technical 
                requirements of the contract or license; or
                    (C) granted the contract or license.
    (b) Administrative Actions.--In the event that an official or 
former official of the Department of Defense described in subsection 
(a)(2), or a Department of Defense contractor, knowingly fails to 
comply with the requirements of this subsection, the Secretary of 
Defense may take any of the administrative actions set forth in section 
2105 of title 41, United States Code that the Secretary of Defense 
determines to be appropriate.

SEC. 105. BAN ON HIRING FORMER SENIOR OFFICIALS BY GIANT DEFENSE 
              CONTRACTORS.

    (a) Prohibition.--
            (1) In general.--Any Department of Defense contract for the 
        procurement of goods or services with a giant defense 
        contractor shall include a contract clause prohibiting the 
        contractor from hiring or paying (including as a consultant or 
        lawyer) any covered Department of Defense official within four 
        years after such covered Department of Defense official leaves 
        service in the Department of Defense.
            (2) Definitions.--In this section:
                    (A) Covered department of defense official.--The 
                term ``covered Department of Defense official'' means 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, United 
                        States Code;
                            (ii) in a position in the Senior Executive 
                        Service under subchapter VIII of chapter 53 of 
                        title 5, United States Code;
                            (iii) in position compensated at a rate of 
                        pay for grade O-6 or above under section 201 of 
                        title 37, United States Code; or
                            (iv) in a supervisory position compensated 
                        at a rate of pay for grade GS-15 of the General 
                        Schedule under section 5107 of title 5, United 
                        States Code, or higher.
                    (B) Giant defense contractor.--The term ``giant 
                defense contractor'' means a contractor (other than an 
                institution of higher education as defined in section 
                101 of the Higher Education Act of 1965 (20 U.S.C. 
                1001)) that received an average of more than 
                $1,000,000,000 in aggregate annual revenue from the 
                Department of Defense or the Department of Energy for 
                contracted work related to the United States nuclear 
                program in the previous three fiscal years.
    (b) Administrative Actions.--In the event that an official or 
covered Department of Defense official described in subsection 
(a)(2)(A), knowingly fails to comply with the requirements of this 
subsection, the Secretary of Defense may take any of the administrative 
actions set forth in section 2105(c) of title 41, United States Code, 
that the Secretary of Defense determines to be appropriate.

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.

    Section 1045 of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91; 131 Stat. 1555; 10 U.S.C. note prec. 971) 
is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``Two-
                year Prohibition'' and inserting ``Four-year 
                Prohibition'';
                    (B) in paragraph (1), by striking ``during the two-
                year period'' and inserting ``during the four-year 
                period''; and
                    (C) in paragraph (2)(A), by striking ``grade O-9 or 
                higher'' and inserting ``grade O-6 or higher'';
            (2) by striking subsection (b); and
            (3) by redesignating subsection (c) as subsection (b).

SEC. 107. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL INTEREST 
              REQUIREMENTS FOR DEPARTMENT OF DEFENSE OFFICERS AND 
              EMPLOYEES.

    (a) In General.--An officer or employee of the Department of 
Defense may not participate personally and substantially in any covered 
matter that the officer or employee knows, or reasonably should know, 
is likely to have a direct and predictable effect on the financial 
interests of any of the following:
            (1) Any organization, including a trade organization, for 
        which the officer or employee has served as an employee, 
        officer, director, trustee, or general partner during the four 
        years preceding the date on which the officer or employee 
        intends to participate in the covered matter.
            (2) A former direct competitor or client of any 
        organization for which the officer or employee has served as an 
        employee, officer, director, trustee, or general partner during 
        the four years preceding the date on which the officer or 
        employee intends to participate in the covered matter.
            (3) Any employer with whom the officer or employee is 
        seeking employment.
    (b) Construction.--Nothing in this section shall be construed to 
terminate, alter, or make inapplicable any other prohibition or 
limitation in law or regulation on the participation of officers or 
employees of the Department of Defense in covered matters having an 
effect the financial holdings of such officer or employee, or related 
financial or other personal interests of such officer or employee.
    (c) Covered Matter Defined.--In this section, the term ``covered 
matter''--
            (1) means any matter that involves deliberation, decision, 
        or action that is focused upon the interests of specific person 
        or a discrete and identifiable class of persons; and
            (2) includes policy-making that is narrowly focused on the 
        interests of a discrete and identifiable class of persons.

SEC. 108. PROHIBITION ON OWNERSHIP OR TRADING OF STOCKS IN CERTAIN 
              COMPANIES BY CERTAIN OFFICIALS OF THE DEPARTMENT OF 
              DEFENSE.

    (a) Prohibition on Ownership and Trading by Certain Officials.--
            (1) Prohibition.--An official of the Department of Defense 
        described in paragraph (2) may not own or trade a publicly 
        traded stock of a company if, during the preceding calendar 
        year, the company received more than $1,000,000,000 in revenue 
        from the Department of Defense, including through one or more 
        contracts with the Department.
            (2) Department of defense officials.--An official of the 
        Department of Defense described in this paragraph is any 
        current Department of Defense official described by section 
        847(c) of the National Defense Authorization Act for Fiscal 
        Year 2008 (10 U.S.C. 1701 note).
            (3) Nature of offense.--Ownership or a trade of a stock in 
        violation of paragraph (1) shall be deemed to be an offense 
        under section 208 of title 18, United States Code.
    (b) Prohibition on Ownership and Trading by All Officers and 
Employees.--An officer or employee of the Department of Defense may not 
own or trade a publicly traded stock of a company that is a contractor 
or subcontractor of the Department if the Office of Standards and 
Compliance of the Office of the General Counsel of the Department of 
Defense determines that the value of the stock may be directly or 
indirectly influenced by any official action of the officer or employee 
for the Department.
    (c) Inapplicability to Mutual Funds.--For purposes of this section, 
the term ``publicly-traded stock'' does not include a widely held 
investment fund described in section 102(f)(8) of the Ethics in 
Government Act of 1978 (5 U.S.C. App.).

                  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.

    (a) Annual Reports.--Section 908 of title 37, United States Code, 
is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Annual Reports on Approvals for Retired General and Flag 
Officers.--(1) Not later than January 31 each year, the Secretaries of 
the military departments shall jointly submit to the appropriate 
committees and Members of Congress a report on each approval under 
subsection (b) for employment or compensation described in subsection 
(a) for a retired member of the armed forces in a general or flag 
officer grade that was issued during the preceding year.
    ``(2) In this subsection, the term `appropriate committees and 
Members of Congress' means--
            ``(A) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate;
            ``(B) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives;
            ``(C) the Majority Leader and the Minority Leader of the 
        Senate; and
            ``(D) the Speaker of the House of Representatives and the 
        Minority Leader of the House of Representatives.''.
    (b) Scope of First Report.--The first report submitted pursuant to 
subsection (c) of section 908 of title 37, United States Code (as 
amended by subsection (a) of this section), after the date of the 
enactment of this Act shall cover the five-year period ending with the 
year before the year in which such report is submitted.

SEC. 202. ADVISING FOREIGN GOVERNMENTS.

    Section 207(f) of title 18, United States Code, is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Permanent restriction without prior approval.--
                    ``(A) In general.--Any person who has been employed 
                as a senior official in the White House, the Department 
                of State, the Department of Defense, or the Department 
                of the Treasury who, without the explicit prior 
                approval of the Secretary of State, performs 
                compensated work for a foreign entity that might 
                benefit from the knowledge obtained by the person as a 
                result of such United States Government employment, 
                shall be punished as provided in section 216 of this 
                title.
                    ``(B) Limitation on approval.--The Secretary of 
                State may not approve any work described in 
                subparagraph (A) that conflicts with the national 
                security interests of the United States, as determined 
                by the Secretary and verified by the Director of 
                National Intelligence.
                    ``(C) Annual report.--The Secretary of State shall 
                submit an annual report listing all of the approvals 
                under subparagraph (A) during the prior calendar year 
                to the Committee on Foreign Relations of the Senate, 
                the Committee on Armed Services of the Senate, the 
                Select Committee on Intelligence of the Senate, the 
                Committee on Foreign Affairs of the House of 
                Representatives, the Committee on Armed Services of the 
                House of Representatives, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.''.

SEC. 203. BAN ON FORMER MILITARY AND CIVILIAN INTELLIGENCE OFFICERS 
              FROM FOREIGN EMPLOYMENT.

    (a) In General.--Except as provided in subsection (b), military and 
intelligence officers possessing a security clearance, upon separation 
from service or resignation, are prohibited from obtaining employment 
with a foreign government or a private company doing work predominantly 
on behalf of a foreign government.
    (b) Exemption.--
            (1) In general.--Employment with the Government of 
        Australia, of Canada, of New Zealand, or of the United Kingdom 
        is not subject to the prohibition under subsection (a).
            (2) Waivers.--Individuals may seek and be granted a waiver 
        by the Secretary of State for employment by any other foreign 
        government. Such waiver will be presumptively granted in cases 
        of former officers seeking employment in jobs focused on 
        humanitarian aid, development, or infrastructure improvement. 
        Waivers for employment in other jobs shall be determined based 
        on whether such employment would reasonably involve the use or 
        disclosure or appropriation of sources, methods, or skills that 
        could pose a threat to the interests of the United States when 
        employed by other countries or enable the repression of the 
        nationals of such countries.

                        TITLE III--TRANSPARENCY

SEC. 301. AFFIRMATIVE CONTRACTOR RECORD DISCLOSURES.

    The Secretary of Defense shall publish on a publicly available 
internet website the following information to the extent such 
information is unclassified and non-confidential:
            (1) In the case of a contract with the Department of 
        Defense for goods or services above the simplified acquisition 
        threshold specified in section 134 of title 41, United States 
        Code--
                    (A) copies of each contract or task order or 
                delivery order the contractor on such contract has 
                entered into with the Department of Defense during the 
                previous three fiscal years; and
                    (B) past performance information about the 
                contractor to the extent available.
            (2) In the case of a contract with the Department of 
        Defense for goods or services in excess of $10,000,000, all 
        correspondence and documents related to the contract.

SEC. 302. EXTENSION OF FOIA TO PRIVATE CONTRACTORS.

    (a) Definitions.--In this section--
            (1) the term ``covered contractor'' means a private 
        contractor that entered into a contract with the Department;
            (2) the term ``covered record'' means any record produced 
        using Federal funds during the performance of a Department 
        contract by a covered contractor; and
            (3) the term ``Secretary'' means the Secretary of Defense.
    (b) Application of FOIA.--A covered record shall be--
            (1) considered an agency record for purposes of section 
        552(f)(2) of title 5, United States Code, whether in the 
        possession of a covered contractor or the Secretary; and
            (2) subject to section 552 of title 5, United States Code 
        (commonly known as the ``Freedom of Information Act''), to the 
        same extent as if the record was maintained by the Secretary.
    (c) Inclusion of FOIA Provisions.--In any contract entered into by 
a covered contractor with the Secretary, the Secretary shall include 
provisions relating to the application of section 552 of title 5, 
United States Code (commonly known as the ``Freedom of Information 
Act'') to any covered records produced during the fulfillment of the 
contract.

SEC. 303. FINANCIAL DISCLOSURE BY LARGE CONTRACTORS.

    (a) Disclosure Requirement.--
            (1) In general.--The Secretary of Defense shall require a 
        covered contractor, as a condition for entering into a contract 
        with the Department of Defense, to make publicly available the 
        following information (excluding information determined to be 
        classified by the Secretary):
                    (A) Audited financial statements.
                    (B) A listing of the salaries of employees 
                performing work on the contract that receive 
                compensation from the contractor in excess of $250,000 
                per year.
                    (C) A description of all Federal political spending 
                by the contractor.
            (2) Suspension and debarment.--The Secretary of Defense may 
        suspend or debar any covered contractor that fails to comply 
        with the disclosure requirements under paragraph (1).
            (3) Covered contractor defined.--The term ``covered 
        contractor'' means a contractor (other than an institution of 
        higher education as defined in section 101 of the Higher 
        Education Act of 1965 (20 U.S.C. 1001)) that--
                    (A) received more than $10,000,000 in annual 
                revenue from Federal Government contracts or licenses 
                in any of the previous three fiscal years; or
                    (B) earned more than 20 percent of its total annual 
                revenue from Federal Government contracts or licenses 
                in any of the previous three fiscal years.

SEC. 304. AVAILABILITY ON THE INTERNET OF CERTAIN INFORMATION ABOUT 
              OFFICERS SERVING IN GENERAL OR FLAG OFFICER GRADES.

    (a) Availability Required.--The Secretary of each military 
department shall make publicly available on an internet website of such 
department the information specified in subsection (b) with respect to 
each officer in a general or flag officer grade under the jurisdiction 
of such Secretary, including any such officer on the reserve active-
status list (as defined in section 101(7) of title 10, United States 
Code).
    (b) Information.--The information on an officer specified by this 
subsection to be made available pursuant to subsection (a) is the 
information as follows:
            (1) The officer's name.
            (2) The officer's current billet.
            (3) A biographical summary of the officer.
            (4) Any financial disclosures made by the officer to or for 
        Department of Defense purposes.
            (5) Any substantiated reports of an Inspector General in 
        the Department Defense involving conduct of the officer.
            (6) Summaries of any command climate survey conducted with 
        respect to a command of the officer.
    (c) Redaction.--Information made available pursuant to subsection 
(a) may be redacted in a manner that accords with the provisions of 
section 552a of title 5, United States Code (commonly referred to as 
the ``Privacy Act'').
                                 <all>