,,ii #aagth ,,congress #ast ,session ,s4 #bcif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bj1 #bjba ,ms4 ,warren introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to promote ethics and prevent corruption in ,department of ,defense contracting and other activities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,department of ,defense ,ethics and ,anti-,corruption ,act of #bjba4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,revolving door and contractor influence ,sec4 #aja4 ,heightened revolving door requirements4 ,sec4 #ajb4 ,requirements for defense contractors relating to certain former ,department of ,defense officials and lobbying activities4 ,sec4 #ajc4 ,ban on hiring contracting officials enforceable on certain contracts4 ,sec4 #ajd4 ,ban on hiring senior officials by giant defense contractors4 ,sec4 #aje4 ,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 ,department4 ,sec4 #ajf4 ,enhancement of recusal for conflicts of personal interest requirements for ,department of ,defense officers and employees4 ,sec4 #ajg4 ,prohibition on ownership or trading of stocks in certain companies by ,department of ,defense officers and employees4 ,,title ,,ii--,limiting foreign influence ,sec4 #bja4 ,advising foreign governments4 ,sec4 #bjb4 ,ban on former military and civilian intelligence officers from foreign employment4 ,,title ,,iii--,transparency ,sec4 #cja4 ,affirmative contractor record disclosures4 ,sec4 #cjb4 ,ownership of information4 ,sec4 #cjc4 ,financial disclosure by large contractors4 ,i ,revolving door and contractor influence #aja4 ,heightened revolving door requirements ,section #hdg of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7,public ,law #aaj-aha2 #aj ,u4,s4,c4 #agja note7 is amended-- 7#a7 in subsection 7a77#a71 by striking within two years of leaving service and inserting within four years of leaving service2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 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 ,general ,counsel ,standards and ,conduct ,office of the ,department for not less than ten years2 and 7ii7 by inserting and shall be posted on a publicly available ,internet website of the ,general ,counsel ,standards and ,conduct ,office after opinion was provided2 and 7,b7 in paragraph 7#b71 by inserting not less than biannually after conduct periodic reviews4 #ajb4 ,requirements for defense contractors relating to certain former ,department of ,defense officials and lobbying activities 7a7 ,requirements 7#a7 ,in general ,chapter #ada of title #aj1 ,united ,states ,code is amended by adding at the end the following new section3 #bdajt4 ,defense contractors report3 requirements concerning former ,department of ,defense officials and lobbying activities 7a7 ,in general ,each contract for the procurement of goods or services in excess of #aj1jjj1jjj1 other than a contract for the procurement of office supplies or food and beverage 7vending7 services1 that is entered into by the ,department of ,defense shall include a provision under which the contractor agrees to submit to the ,secretary of ,defense1 not later than ,april #a of each year such contract is in effect1 a written report setting forth the information required by subsection 7b74 7b7 ,report information ,except as provided in subsection 7c71 a report by a contractor under subsection 7a7 shall-- 7#a7 list the name of each person who-- 7,a7 is a former officer or employee of the ,department of ,defense or a former or retired member of the armed forces who served-- 7i7 in an ,executive ,schedule position under subchapter ,,ii of chapter #ec of title #e2 7ii7 in a position in the ,senior ,executive ,service under subchapter ,,viii of chapter #ec of title #e2 7iii7 in a position compensated at a rate of pay for grade ,o-#g or above under section #bja of title #cg2 or 7iv7 as a program manager1 deputy program manager1 procuring contracting officer1 administrative contracting officer1 source selection authority1 member of the source selection evaluation board1 or chief of a financial or technical evaluation team for a contract with a value in excess of #aj1jjj1jjj2 and 7,b7 during the preceding calendar year was provided compensation by the contractor1 if such compensation was first provided by the contractor not more than four years after such officer1 employee1 or member left service in the ,department of ,defense2 7#b7 in the case of each person listed under subparagraph 7,a7-- 7,a7 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 ,defense2 7,b7 state such person's job title and identify each major defense system1 contract1 modification1 subcontract1 task order1 and delivery order in excess of #aj1jjj1jjj1 if any1 on which such person performed any work with the ,department of ,defense during the last two years of such person's service with the ,department2 and 7,c7 state such person's current job title with the contractor and identify each major defense system1 contract1 modification1 subcontract1 task order1 and delivery order in excess of #aj1jjj1jjj1 on which such person has performed any work on behalf of the contractor2 and 7#c7 if the contractor is a client1 include-- 7,a7 a statement that-- 7i7 lists each specific issue for which the contractor1 any employee of the contractor1 or any lobbyist paid by the contractor engaged in lobbying activities with the ,department of ,defense2 and 7ii7 specifies the ,federal rule or regulation1 ,executive order1 or other program1 policy1 contract1 or position of the ,department of ,defense to which the lobbying activities described in clause 7i7 related2 7iii7 lists each lobbying activity relating to the ,department of ,defense that the contractor1 any employee of the contractor1 or any lobbyist paid by the contractor has engaged in on behalf of the contractor1 including-- 7,i7 each document prepared by the contractor1 any employee of the contractor1 or any lobbyist paid by the contractor that was submitted to an officer or employee of the ,department of ,defense by the lobbyist2 7,,ii7 each meeting that was a lobbying contact with an officer or employee of the ,department of ,defense1 including the subject of the meeting1 the date of the meeting1 and the name and position of each individual who attended the meeting2 7,,iii7 each phone call made to an officer or employee of the ,department of ,defense that was a lobbying contact1 including the subject of the phone call1 the date of the phone call1 and the name and position of each individual who was on the phone call2 and 7,,iv7 each electronic communication sent to an officer or employee of the ,department of ,defense that was a lobbying contact1 including the subject of the electronic communication1 the date of the electronic communication1 and the name and position of each individual who received the electronic communication2 7iv7 lists the name of each employee of the contractor who-- 7,i7 did not participate in a lobbying contact with an officer or employee of the ,department of ,defense2 and 7,,ii7 engaged in lobbying activities in support of a lobbying contact with an officer or employee of the ,department of ,defense2 and 7v7 describes the lobbying activities referred to in clause 7iv77,,ii72 and 7,b7 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 7,a77iv77,,ii74 7c7 ,duplicate information not required ,an annual report submitted by a contractor pursuant to subsection 7b7 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 section4 7d7 ,definitions ,in subsection 7b77#c71 the terms client1 lobbying activities1 lobbying contact1 and lobbyist have the meanings given the terms in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb74 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ada of such title is amended by adding at the end the following new item3 ,sec4 #bdajt4 ,defense contractors report3 requirements concerning former ,department of ,defense officials and lobbying activities4 4 7#c7 ,effective date ,the amendments made by paragraphs 7#a7 and 7#b7 shall take effect on the date of the enactment of this ,act1 and shall apply with respect to contracts entered into on or after that date4 7b7 ,future transfer 7#a7 ,transfer and redesignation ,section #bdajt of title #aj1 ,united ,states ,code1 as added by subsection 7a71 is transferred to chapter #cfc1 as added by section #ahfb7;b7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc71 and redesignated as section #dffa4 7#b7 ,clerical amendments 7,a7 ,target chapter table of sections ,the table of sections at the beginning of chapter #cfc of title #aj1 ,united ,states ,code1 as added by section #ahfb7;b7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc71 is amended by inserting after the item relating to section #dffj the following3 ,sec4 #dffa4 ,defense contractors report3 requirements concerning former ,department of ,defense officials and lobbying activities4 4 7,b7 ,origin chapter table of sections ,the table of sections at the beginning of chapter #ada of title #aj1 ,united ,states ,code1 is amended by striking the item relating to section #bdajt4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on ,january #a1 #bjbb4 7#d7 ,references2 savings provisions2 rule of construction ,sections #ahhc through #ahhe of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc7 shall apply with respect to the amendments made under this subsection as if such amendments were made under title ,,xviii of such ,act4 #ajc4 ,ban on hiring contracting officials enforceable on certain contracts 7a7 ,prohibition 7#a7 ,in general ,any contract for the procurement of goods or services1 other than a contract for the procurement of commercial products or services1 with a value of excess of #aj1jjj1jjj shall include a contract clause prohibiting the contractor from providing compensation to a former ,department of ,defense official described in paragraph 7#b7 within four years after such former official leaves service in the ,department of ,defense4 7#b7 ,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 manager1 deputy program manager1 procuring contracting officer1 administrative contracting officer1 source selection authority1 member of the source selection evaluation board1 or chief of a financial or technical evaluation team for a contract with a value in excess of #aj1jjj1jjj1 and such person-- 7,a7 participated in the contract or license selection2 7,b7 determined or signed off on the technical requirements of the contract or license2 or 7,c7 granted the contract or license4 7b7 ,administrative actions ,in the event that an official or former official of the ,department of ,defense described in subsection 7a77#b71 or a ,department of ,defense contractor1 knowingly fails to comply with the requirements of this subsection1 the ,secretary of ,defense may take any of the administrative actions set forth in section #baje of title #da1 ,united ,states ,code1 that the ,secretary of ,defense determines to be appropriate4 #ajd4 ,ban on hiring senior officials by giant defense contractors 7a7 ,prohibition 7#a7 ,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 7including as a consultant or lawyer7 any covered ,department of ,defense official within four years after such former official leaves service in the ,department of ,defense4 7#b7 ,definitions ,in this section3 7,a7 ,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-- 7i7 in an ,executive ,schedule position under subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code2 7ii7 in a position in the ,senior ,executive ,service under subchapter ,,viii of chapter #ec of title #e1 ,united ,states ,code2 7iii7 in position compensated at a rate of pay for grade ,o-#g or above under section #bja of title #cg1 ,united ,states ,code2 or 7iv7 in a supervisory position compensated at a rate of pay for grade ,,gs-#ae of the ,general ,schedule under section #eajg of title #e1 ,united ,states ,code1 or higher4 7,b7 ,giant defense contractor ,the term giant defense contractor means a contractor 7other than an institution of higher education7 that received an average of more than #a1jjj1jjj1jjj in 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 years4 7b7 ,administrative actions ,in the event that a covered ,department of ,defense official1 or a ,department of ,defense contractor1 knowingly fails to comply with the requirements of this section1 the ,secretary of ,defense may take any of the administrative actions set forth in section #baje of title #da1 ,united ,states ,code that the ,secretary of ,defense determines to be appropriate4 7c7 ,annual report ,the ,inspector ,general of the ,department of ,defense shall submit to the ,committee on ,armed ,services of the ,senate and the ,committee on ,armed ,services of the ,house of ,representatives an annual report listing the officials or former officials of the ,department of ,defense described in subsection 7a77#b77;,a71 or any ,department of ,defense contractor1 subject to any of the administrative actions from the ,secretary of ,defense under the requirements of subsection 7b7 during the prior calendar year4 #aje4 ,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 #ajde of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjah 7,public ,law #aae-ia2 #aca ,stat4 #aeee7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the subsection heading1 by striking ,two-year prohibition and inserting ,four-year prohibition2 7,b7 in paragraph 7#a71 by striking during the two-year period and inserting during the four-year period2 and 7,c7 in paragraph 7#b77;,a71 by striking grade ,o-#i or higher and inserting grade ,o-#g or higher2 7#b7 by striking subsection 7b72 7#c7 by redesignating subsection 7c7 as subsection 7b72 and 7#d7 in subsection 7b77#a77;,a71 as redesignated by paragraph 7#c71 by inserting 1 including activities in support of lobbying contact with an officer or employee of the ,department of ,defense before the period at the end4 #ajf4 ,enhancement of recusal for conflicts of personal interest requirements for ,department of ,defense officers and employees 7a7 ,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 knows1 or reasonably should know1 is likely to have a direct and predictable effect on the financial interests of any of the following3 7#a7 ,any organization1 including a trade organization1 for which the officer or employee has served as an employee1 officer1 director1 trustee1 or general partner in the past #d years4 7#b7 ,a former direct competitor or client of any organization for which the officer or employee has served as an employee1 officer1 director1 trustee1 or general partner in the past #d years4 7#c7 ,any employer with whom the officer or employee is seeking employment4 7b7 ,construction ,nothing in this section shall be construed to terminate1 alter1 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 on their or related financial or other personal interests4 7c7 ,covered matter defined ,in this section1 the term covered matter-- 7#a7 means any matter that involves deliberation1 decision1 or action that is focused upon the interests of specific person or a discrete and identifiable class of persons2 and 7#b7 includes policy making that is narrowly focused on the interests of a discrete and identifiable class of persons4 #ajg4 ,prohibition on ownership or trading of stocks in certain companies by ,department of ,defense officers and employees 7a7 ,definition ,in this section3 7#a7 ,covered official ,the term covered official means any official described in section #hdg7;c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjh 7#aj ,u4,s4,c4 #agja note74 7#b7 ,publicly traded stock ,the term publicly traded stock does not include a widely held mutual investment fund as defined in regulations issued by the ,office of ,government ,ethics under section #bjh7;d77#b7 of title #ah1 ,united ,states ,code4 7b7 ,prohibition on ownership and trading publicly traded stocks 7#a7 ,covered officials ,no covered official may own or trade a publicly traded stock of a company if1 during the preceding calendar year1 the company received more than #a1jjj1jjj1jjj in revenue from the ,department of ,defense1 including through #a or more contracts with the ,department4 7#b7 ,other officers and employees ,no officer or employee of the ,department of ,defense who is not a covered official may own or trade a publicly traded stock of a company that is a contractor or subcontractor of the ,department if the ,standards of ,conduct ,office 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 employee4 7#c7 ,penalty ,whoever violates paragraph 7#a7 or 7#b7 shall be subject to the penalties set forth in section #baf of title #ah1 ,united ,states ,code4 ,,ii ,limiting foreign influence #bja4 ,advising foreign governments ,section #bjg7;f7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,permanent restriction without prior approval 7,a7 ,in general ,any person who has been employed as a senior official in the ,white ,house1 the ,department of ,state2 the ,department of ,defense1 or the ,department of the ,treasury who1 without the explicit prior approval of the ,secretary of ,state1 performs compensated work for the benefit of a foreign entity that might benefit from the knowledge obtained by the person as a result of such ,united ,states ,government employment1 shall be punished as provided in section #baf of this title4 7,b7 ,limitation on approval ,the ,secretary of ,state may not approve any work described in subparagraph 7,a7 that conflicts with the national security interests of the ,united ,states1 as determined by the ,secretary and verified by the ,director of ,national ,intelligence4 7,c7 ,annual report ,the ,secretary of ,state shall submit an annual report listing all of the approvals under subparagraph 7,a71 to include the related foreign entity1 the duties as assigned and performed by senior official1 and the work role 7billet7 held by the senior official during the prior calendar year to the ,committee on ,foreign ,relations of the ,senate1 the ,committee on ,armed ,services of the ,senate1 the ,select ,committee on ,intelligence of the ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 the ,committee on ,armed ,services of the ,house of ,representatives1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 4 #bjb4 ,ban on former military and civilian intelligence officers from foreign employment 7a7 ,in general ,except as provided in subsection 7b71 military and civilian intelligence personnel employed by a military intelligence organization possessing a security clearance1 upon separation from service or resignation1 are prohibited from obtaining employment with a foreign government or a private company doing work predominantly on behalf of a foreign government4 7b7 ,exemption 7#a7 ,in general ,employment with the ,government of ,australia1 of ,canada1 of ,new ,zealand1 or of the ,united ,kingdom is not subject to the prohibition under subsection 7a74 7#b7 ,waivers 7,a7 ,authority ,individuals may seek and be granted a waiver by the ,secretary of ,defense1 in consultation with the ,secretary of ,state1 for employment by any other foreign government4 ,such waiver will be presumptively granted in cases that personnel seek employment in jobs focused on humanitarian aid1 development1 or civilian or nonmilitary infrastructure improvement4 ,waivers for employment in other jobs shall be determined based on whether such employment would reasonably involve the use or disclosure or appropriation of sources1 methods1 or skills that could pose a threat to ,united ,states' interests when employed by other countries or enable the repression of the nationals of such countries4 7,b7 ,annual report ,the ,secretary of ,defense shall submit to the ,committee on ,armed ,services of the ,senate and the ,committee on ,armed ,services of the ,house of ,representatives an annual report on all waivers granted under subparagraph 7,a74 ,,iii ,transparency #cja4 ,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-confidential3 7#a7 ,in the case of a contract with the ,department of ,defense for goods or services above the simplified acquisition threshold specified in section #acd of title #da1 ,united ,states ,code-- 7,a7 copies of each contract and task delivery order the contractor on such contract has entered into with the ,department of ,defense during the previous three fiscal years2 and 7,b7 past performance information about the contractor to the extent it is maintained by the ,department4 7#b7 ,in the case of a contract with the ,department of ,defense for goods or services in excess of #aj1jjj1jjj1 all correspondence and documents related to the contract4 7#c7 ,the contractor report required under section #bdajt of title #aj1 ,united ,states ,code1 as added by section #ajb of this ,act4 #cjb4 ,ownership of information ,any entity of the ,department of ,defense that enters into a contract or agreement with1 or provides funding to1 a nongovernmental entity for the purposes of procuring goods or services shall-- 7#a7 for the purposes of paragraph 7#c71 be deemed to have control over all information of the entity related to-- 7,a7 any costs or the expenditure of any funds related to the contract or agreement2 and 7,b7 any other information related to the performance of the contract or agreement2 7#b7 provide access to the information described in paragraph 7#a71 which shall be considered an agency record1 to any person upon request made pursuant to paragraph 7#c72 and 7#c7 include compliance with this subsection as a material term in any contract1 agreement1 or renewal of a contract or agreement with any nongovernmental entity for the purposes of procuring goods or services4 #cjc4 ,financial disclosure by large contractors 7a7 ,disclosure requirement 7#a7 ,in general ,the ,secretary of ,defense shall require a covered contractor1 as a condition for entering into a contract with the ,department of ,defense1 to make publicly available the following information 7excluding information determined to be classified by the ,secretary73 7,a7 ,audited financial statements4 7,b7 ,a listing of the salaries of employees performing work on the contract that receive compensation from the contractor in excess of #bej1jjj per year4 7,c7 ,a description of all ,federal political spending1 including lobbying1 by the contractor4 7#b7 ,suspension and debarment ,the ,secretary of ,defense may suspend or debar any covered contractor that fails to comply with the disclosure requirements under paragraph 7#a74 7#c7 ,covered contractor defined ,the term covered contractor means a contractor 7other than an institute of higher education7 that-- 7,a7 received more than #aj1jjj1jjj in annual revenue from ,federal ,government contracts or licenses in any of the previous three fiscal years2 or 7,b7 earned more than #bj percent of its total annual revenue from ,federal ,government contracts or licenses in any of the previous three fiscal years4