110 HR 7168 IH: Fairness and Accountability in Defense U.S. House of Representatives 2008-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7168 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.

1.

Short title

This Act may be cited as the Fairness and Accountability in Defense Contracting Act.

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:

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.

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).