March 12, 2024

Warren Secures Ethics Commitments from Douglas Schmidt, Director of Operational Test and Evaluation for the Department of Defense

Schmidt: “I agree that, in addition to the representational bans in 18 USC § 207(a), I will not, for two years, work directly for any company involved in a matter that was pending under my responsibility.”

Text of Letter (PDF)

Washington, D.C.  – Today, U.S. Senator Elizabeth Warren (D-Mass.) announced that she secured strong ethics commitments from Douglas Schmidt, who was confirmed this month to be the Director of Operational Test and Evaluation (DOT&E) for the Department of Defense. Newly appointed Director Schmidt has committed to:

  • Extend his recusal period from his former law firms and clients from two years to four years, as well as establishing a screening process and agreeing not to seek a waiver;

  • Not work for any company involved in a matter that was pending under his responsibility for two years after he leaves government service;

  • Not join the board of any of the companies that had pending matters before his office for two years;

  • Not work as an expert witness regarding any programs that were under his responsibility at DOT&E.

“Director Schmidt’s commitments demonstrate his dedication to uphold strong standards of ethics and his said Senator Warren. “Similar to Secretary Austin’s and Chairman Brown’s ethics pledges in the Senate, another Department of Defense leader is stepping up to help close the revolving door between the Pentagon and defense contractors.”

Senator Warren has worked to ensure stronger ethics standards for federal employees—especially those that close the revolving door between public and private employment—to prevent corporate influence over government institutions. She has secured historic ethics commitments from multiple top government officials: 

  • In February 2024, Senator Warren announced that she secured unprecedented ethics commitments from OECD Ambassador, former Congressman Sean Patrick Maloney, who pledged not to work for crypto firms for four years after government service.

  • In August 2023, Senator Warren announced that she secured historic ethics commitments from Dr. Monica Bertagnolli, then nominee for the director of  the National Institutes of Health (NIH). Dr. Bertagnolli agreed to recuse herself from matters which relate to her work as NIH Director for four years, not to seek a waiver from these recusals, and not to seek employment or compensation from giant pharmaceutical companies for four years after leaving government service. These commitments are the strongest ethics standards ever secured for an NIH Director nominee. 

  • In July 2023, at a hearing of the Senate Armed Services Committee, Senator Warren secured ethics commitments from General Charles Q. Brown, Jr., then President Biden’s nominee to be the next Chairman of the Joint Chiefs of Staff. When asked if he would agree not to become a defense industry lobbyist or receive compensation from a defense contractor for four years General Brown said he did not “intend to pursue opportunities in the defense sector or a lobbyist upon retirement from military service.”

  • In June 2023, Senator Warren and representative Andy Kim reintroduced her Department of Defense Ethics and Anti-Corruption Act.

  • In June 2023, Senator Warren, Senator Charles Grassley, and Representatives Jason Crow and Suzan DelBene introduced the Retired Officers Conflict of Interest Act. 

  • In June 2023, Senator Warren announced that she secured another historic ethics commitment from Federal Reserve Board nominee Dr. Adrianna Kugler, the same one that she previously secured from Vice Chair for Supervision Michael Barr, Dr. Lisa Jefferson, and Dr. Phillip Cook. These nominees’ ethics commitments – to a four year recusal period from matters which they oversee on the Board of Governors, not to seek a waiver from these recusals, and not to seek employment or compensation from financial services companies for four year after leaving government service – are the strongest ethics standards in the history of the Fed.

  • In April 2023, Senator Warren released “Pentagon Alchemy: How Defense Officials Pass Through the Revolving Door and Peddle Brass for Gold,” an investigative report that found hundreds of former military officials, members of Congress, and government staff serve as board members or executives at companies they used to regulate. 

  • In April 2023, Senator Warren chaired a hearing with Pentagon officials and ethics experts about problems with the revolving door, retired military officers working for foreign governments, and issues with executive branch officials owning stocks in companies impacted by their official actions.

  • In May 2022, Senator Warren secured a commitment from then-Federal Reserve Vice Chair for Supervision nominee Michael Barr not to seek employment or compensation – including as a result of board service – from any company that has a matter before the Fed, or any financial services company, for four years after he leaves government service.

  • In February 2022, Senator Warren secured the strongest ethics standards ever agreed to by Federal Reserve Board nominees from Lisa Cook, Phillip Jefferson, and Sarah Bloom Raskin. The nominees agreed to a four year recusal period from matters which they oversee on the Board of Governors, not to seek a waiver from these recusals, and not to seek employment or compensation from financial services companies for four years after leaving government service.

  • In January 2022, Senator Warren secured a commitment from then-FDA Commissioner nominee Dr. Robert Califf to recuse himself from matters involving his former employers and clients for four years, two years longer than what is required in the Biden administration’s Ethics Pledge. He also agreed not to seek employment with or compensation from, including as a result of board service, any pharmaceutical or medical device company that he interacts with during his tenure as FDA Commissioner for four years after completing his government service. 

  • In January 2021, Senator Warren secured ethics commitments from General Lloyd Austin, then-nominee for Secretary of Defense, to extend his recusal from Raytheon Technologies for four years and to not seek a position on the board of a defense contractor or become a lobbyist after his government service.

  • In July 2021, Senator Warren secured commitments from then-Air Force secretary nominee Frank Kendall and then-Under Secretary of Defense for Research and Engineering nominee Heidi Shyu, to recuse themselves from matters on former clients for four years.

  • In July 2021, a bipartisan group of Senate Armed Service Committee members adopted Senator Warren’s amendment to raise the recusal standard for Department of Defense employees. Under her amendment, Pentagon officials are prohibited from participating in matters that affect the financial interests of their former employer, former clients, or former direct competitors for four years. The amendment was included in the National Defense Authorization Act for fiscal year 2022.

    • In January 2022, the Department of Defense issued an advisory interpreting Senator Warren's recusal standard.

  • In May 2019, Senator Elizabeth Warren introduced The Department of Defense Ethics and Anti-Corruption Act, legislation to limit the influence of contractors on the military, constrain foreign influence on retired senior military officers, and assert greater transparency over contractors and their interaction with the Department of Defense.

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