(a) Requirement of reportingThe head of every Federal executive agency which enters into any contract shall make a return (at such time and in such form as the Secretary may by regulations prescribe) setting forth—(1) the name, address, and TIN of each person with which such agency entered into a contract during the calendar year, and
(2) such other information as the Secretary may require.
(b) Federal executive agencyFor purposes of this section, the term “Federal executive agency” means—(1) any Executive agency (as defined in section 105 of title 5, United States Code) other than the Government Accountability Office,
(2) any military department (as defined in section 102 of such title), and
(3) the United States Postal Service and the Postal Regulatory Commission.
(c) Authority to extend reporting to licenses and subcontractsTo the extent provided in regulations, this section also shall apply to—(1) licenses granted by Federal executive agencies, and
(2) subcontracts under contracts to which subsection (a) applies.
(d) Authority to prescribe minimum amountsThis section shall not apply to contracts or licenses in any class which are below a minimum amount or value which may be prescribed by the Secretary by regulations for such class.
(e) Exception for certain classified or confidential contracts(1) In generalExcept as provided in paragraph (2), this section shall not apply in the case of a contract described in paragraph (3).
(2) Reporting requirementEach Federal executive agency which has entered into a contract described in paragraph (3) shall, upon a request of the Secretary which identifies a particular person, acknowledge whether such person has entered into such a contract with such agency and, if so, provide to the Secretary—(A) the information required under this section with respect to such person, and
(B) such other information with respect to such person which the Secretary and the head of such Federal executive agency agree is appropriate.
(3) Description of contractFor purposes of this subsection, a contract between a Federal executive agency and another person is described in this paragraph if—(A) the fact of the existence of such contract or the subject matter of such contract has been designated and clearly marked or clearly represented, pursuant to the provisions of Federal law or an Executive order, as requiring a specific degree of protection against unauthorized disclosure for reasons of national security, or
(B) the head of such Federal executive agency (or his designee) pursuant to regulations issued by such agency determines, in writing, that filing the required return under this section would interfere with the effective conduct of a confidential law enforcement or foreign counterintelligence activity.
(Added Pub. L. 99–514, title XV, § 1522(a), Oct. 22, 1986, 100 Stat. 2747; amended Pub. L. 100–647, title I, § 1015(f), Nov. 10, 1988, 102 Stat. 3570; Pub. L. 109–135, title IV, § 412(rr)(2), Dec. 21, 2005, 119 Stat. 2640; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)
Editorial Notes
Amendments2006—Subsec. (b)(3). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
2005—Subsec. (b)(1). Pub. L. 109–135 substituted “Government Accountability Office” for “General Accounting Office”.
1988—Subsec. (e). Pub. L. 100–647 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Effective DatePub. L. 99–514, title XV, § 1522(c), Oct. 22, 1986, 100 Stat. 2747, provided that: “The amendments made by this section [enacting this section] shall apply to contracts (and subcontracts) entered into, and licenses granted, before, on, or after January 1, 1987.”