Sec. 102. Requirements for defense contractors relating to certain former Department of Defense officials and lobbying activities
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Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section: Each contract for the procurement of goods or services in excess of $10,000,000, other than a contract for the procurement of office supplies or food and beverage (vending) services, 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 (b).
The Secretary of Defense shall make these reports publicly available on a government website not later than July 1 of each year such contract is in effect. Except as provided in subsection (c), a report by a contractor under subsection
(a)shall— list the name of each person who— is a former officer or employee of the Department of Defense or a former or retired member of the armed forces who served— in an Executive Schedule position under subchapter II of chapter 53 of title 5; in a position in the Senior Executive Service under subchapter VIII of chapter 53 of title 5; in a position compensated at a rate of pay for grade O–6 or above under section 201 of title 37; or 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 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 officer, employee, or member left service in the Department of Defense; in the case of each person listed under subparagraph (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; state such person’s job title and identify each major defense system, contract, modification, subcontract, task order, and delivery order in excess of $10,000,000, 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 state such person’s current job title with the contractor and identify each major defense system, contract, modification, subcontract, task order, and delivery order in excess of $10,000,000, on which such person has performed any work on behalf of the contractor; and if the contractor is a client, include— a statement that— lists each specific issue for which the contractor, any employee of the contractor, or any lobbyist paid by the contractor engaged in lobbying activities with the Department of Defense; 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; lists each lobbying activity relating to 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— 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; 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; 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 each electronic communication (including emails, text messages, and other forms of 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; lists the name of each employee of the contractor who— did not participate in a lobbying contact with an officer or employee of the Department of Defense; and engaged in lobbying activities in support of a lobbying contact with an officer or employee of the Department of Defense; and describes the lobbying activities referred to in clause (iv)(II); and 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). 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. 1602 ). . 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. . The amendments made by paragraphs
(1)and
(2)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. Section 2410t of title 10, United States Code, as added by subsection (a), is transferred to chapter 363, as added by section 1862(b) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 4661. The table of sections at the beginning of chapter 363 of title 10, United States Code, as added by section 1862(b) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item relating to section 4660 the following: Sec. 4661. Defense contractors report: requirements concerning former Department of Defense officials and lobbying activities. . The table of sections at the beginning of chapter 141 of title 10, United States Code, is amended by striking the item relating to section 2410t. The amendments made by this subsection shall take effect on January 1, 2024. Sections 1883 through 1885 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the amendments made under this subsection as if such amendments were made under title XVIII of such Act.
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Sec. 102
Requirements for defense contractors relating to certain former Department of Defense officials and lobbying activities
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