I have an amendment at the desk. Mr. Chairman, this amendment would require public disclosure of information submitted under section 847 of this act. This amendment is about bringing more accountability and sunshine to the $379 billion…
I have an amendment at the desk.
Mr. Chairman, this amendment would require public disclosure of information submitted under section 847 of this act.
This amendment is about bringing more accountability and sunshine to the $379 billion average annual defense contracting business by making a revolving door database, which already exists, publicly available. It would allow the public access to important ethics information about some DOD employees who leave to go through the resolving door to jobs in the defense contracting industry, often with companies with whom they have been negotiating billions of dollars in contracts.
Current and former public servants should not be able to use their positions for private gain, and powerful defense contractors should not be able to rig the system.
But, unfortunately, this relationship is not uncommon. One way contractors gain influence in the government is to hire away civil servants and political appointees with access to inside people and information from their government positions. In some cases, highly skilled and well-connected former senior government officials enter the private sector as executives or officers or lobbyists or on the boards of directors of government contractors, a practice known as the revolving door.
It is also widely acknowledged that there are inherent conflicts of interest in the revolving door, potential ethical problems that can lead to the wasteful spending of taxpayers' dollars and worse.
For this reason, DOD currently collects ethics opinions on certain acquisition employees who go to work for contractors within 2 years of leaving DOD. This amendment would simply require this database to be publicly available online.
This amendment would not add any requirements or change the current post-employment restrictions. The law already requires DOD employees who hold a key acquisition position to obtain a written ethics opinion from a DOD ethics counselor before taking a job with a contractor in the 2 years after leaving DOD.
The National Defense Authorization Act for fiscal year 2008 mandated that covered DOD acquisition officials, that would be certain executive schedule, Senior Executive Service, and general or flag officer positions, must obtain a post-employment ethics opinion before accepting a paid position from a DOD contractor within 2 years after they leave DOD service. It also requires that DOD contractors ensure that new hires have an ethics opinion.
The law also requires that each request for a written opinion made pursuant to this section, and each written opinion provided pursuant to such a request, shall be retained by the Department of Defense in a central database for not less than 5 years beginning on the date in which the written opinion was provided.
But these ethics opinions are not currently shared with the public. Why should this information be secret and hidden from public view?
At times the overly cozy relationships between DOD and contractors lead to cost overruns, loose ethical standards, and lack of accountability. This problem is compounded by the dramatic increase in DOD contract spending in recent years. The inability of DOD's acquisition workforce to effectively manage that dramatic growth and increasing industry consolidation have caused DOD to become too dependent on a handful of companies to provide essential goods and services.
It has become impractical or even outright impossible for DOD to bar any of these companies from contracting or impose punishment more severe than a mere slap on the wrist.
Mr. Chair, the examples of lack of accountability are endless:
BAE Systems: Last year, BAE settled an international bribery case in the U.S. and UK for $450 million and pleaded guilty to criminal charges. But it was allowed to keep doing business with the federal government and has won billions of dollars in contracts since then. Even last week's run-in with the State Department, when BAE paid $79 million after State discovered they had withheld vital info while negotiating last year's settlement, hasn't hurt it.
BP: Last year, the EPA was considering debarring BP for its many environmental and workplace safety violations, but DoD pressured them to back off because BP supplies 80 percent of the fuel to U.S. forces.
KBR: Still a key DoD supplier despite a long history of misconduct, including incidents that put the lives of soldiers and employees at risk.
Charles Tiefer of the Commission on Wartime Contracting nicknamed five large companies that do business with DoD (KBR, Agility, Louis Berger Group, Tamimi, First Kuwaiti) the ``Flagrant Five'' for continuing to receive contracts despite claims of fraud, misconduct and poor performance.
At a time when the public is questioning the ethics and integrity of the federal government and its spending of taxpayer dollars, the very least we can do is to shine a little light on the revolving door between the government and large private contractors.
This amendment would do just that.
It would direct DoD to make the information they already collect publicly available online to increase accountability and improve the ethics in relationships between DoD acquisitions and defense contractors. Groups like the nonpartisan Project On Government Oversight have urged DoD to make the database public, to no avail. DoD is not prohibited from putting the information online, but clearly has resisted doing so.
There is no public interest in keeping this information secret or hidden from view. The only interest served by keeping this ethics information in the shadows are those of current and former public servants use their positions for private gain means powerful private corporations can rig the system in their favor. This costs taxpayers, limits or eliminates competition from businesses that may be the best for the job, and results in flawed policies and bad procurement decisions. It also harms the public trust.
Public access to the revolving door database represents the kind of open government that the public wants and deserves, especially at this time of ever-escalating spending of taxpayer dollars by the Pentagon. It will improve the integrity of the federal contracting system, shine light on the revolving door between the Pentagon and the defense industry, and act as a deterrent to overly-cozy relationship that could lead to wasted taxpayer dollars.
Mr. Chairman, I demand a recorded vote.