[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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