[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7168 Introduced in House (IH)]
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
Committee 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 within 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness and Accountability in
Defense Contracting Act''.
SEC. 2. REQUIREMENTS FOR DEFENSE CONTRACTORS RELATING 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:
``Sec. 2410r. Defense contractors: requirements concerning former
Department of Defense officials
``(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
offeror 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
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 (c).
``(c) Information.--A written statement by an offeror 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 provided 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 person was
employed or served on active duty during the last two
years of such person's service with the Department of
Defense;
``(B) state such person's job title and identify
each major defense system, if any, on which such person
performed any work with the Department 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 sections 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.''.
(b) Applicability.--
(1) Bids and proposals.--Section 2410r(a) of title 10,
United States Code, as added by subsection (a), shall apply
with respect to bids or proposals 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 respect 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 OFFICE.
Not later than 60 days after the date of the enactment 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).
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