I 

118TH CONGRESS 

1ST SESSION H. R. 5306 

To promote ethics and prevent corruption in Department of Defense 

contracting and other activities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 29, 2023 

Mr. KIM of New Jersey introduced the following bill; which was referred to 

the Committee on Armed Services, and in addition to the Committees on 

the Judiciary, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To promote ethics and prevent corruption in Department 

of Defense contracting and other activities, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Department of Defense Ethics and Anti-Corruption Act 

6 of 2023’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 5306 IH

Sec. 1. Short title; table of contents. 

TITLE I—REVOLVING DOOR AND CONTRACTOR INFLUENCE 

Sec. 101. Heightened revolving door requirements. 

Sec. 102. Requirements for defense contractors relating to certain former Department of Defense officials and lobbying activities. 

Sec. 103. Ban on hiring contracting officials enforceable on certain contracts. 

Sec. 104. Ban on hiring senior officials by giant defense contractors. 

Sec. 105. 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. 

Sec. 106. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. 

Sec. 107. Prohibition on ownership or trading of stocks in certain companies 

by Department of Defense officers and employees. 

TITLE II—LIMITING FOREIGN INFLUENCE 

Sec. 201. Ban on senior national security officials advising foreign governments. 

Sec. 202. Ban on former military and civilian intelligence officers from foreign 

employment. 

TITLE III—TRANSPARENCY 

Sec. 301. Affirmative contractor record disclosures. 

Sec. 302. Publication of contractor evaluation ratings. 

Sec. 303. Ownership of information. 

Sec. 304. Financial disclosure by large contractors. 

Sec. 305. Availability on the internet of certain information about officers serving in general or flag officer grades. 

1 TITLE I—REVOLVING DOOR AND 

2 CONTRACTOR INFLUENCE 

3 SEC. 101. HEIGHTENED REVOLVING DOOR REQUIREMENTS. 

4 Section 847 of the National Defense Authorization 

5 Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

6 1701 note) is amended— 

7 (1) in subsection (a)(1), by striking ‘‘within two 

8 years of leaving service’’ and inserting ‘‘within four 

9 years of leaving service’’; and 

10 (2) in subsection (b)— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 5306 IH

1 (A) by striking ‘‘REQUIREMENT.—Each re2 quest’’ and inserting the following: ‘‘REQUIRE3 MENT.— 

4 ‘‘(1) DATABASE.—Each request’’; 

5 (B) by striking ‘‘retained by the Depart6 ment of Defense in a central database or repos7 itory maintained by the General Counsel of the 

8 Department for not less than five years’’ and 

9 inserting ‘‘retained by the Department of De10 fense in a central database or repository main11 tained by the Standards of Conduct Office of 

12 the Department for not less than 10 years’’; 

13 (C) by inserting ‘‘and shall be posted on a 

14 publicly available internet website of the Gen15 eral Counsel Standards of Conduct Office’’ 

16 after ‘‘opinion was provided’’; and 

17 (D) by inserting after paragraph (1) the 

18 following new paragraph: 

19 ‘‘(2) INSPECTOR GENERAL REVIEW.—The In20 spector General of the Department of Defense shall 

21 conduct periodic reviews not less than biannually to 

22 ensure that written opinions are being requested, 

23 provided, and retained in accordance with the re24 quirements of this section, as well as any related 

25 matters.’’. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 5306 IH

1 SEC. 102. REQUIREMENTS FOR DEFENSE CONTRACTORS 

2 RELATING TO CERTAIN FORMER DEPART3 MENT OF DEFENSE OFFICIALS AND LOB4 BYING ACTIVITIES. 

5 (a) IN GENERAL.—Chapter 365 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 4705. Defense contractors report: requirements 

9 concerning former Department of De10 fense officials and lobbying activities 

11 ‘‘(a) IN GENERAL.—Each contract for the procure12 ment of goods or services in excess of $10,000,000, other 

13 than a contract for the procurement of office supplies or 

14 food and beverage (vending) services, that is entered into 

15 by the Department of Defense shall include a provision 

16 under which the contractor agrees to submit to the Sec17 retary of Defense, not later than April 1 of each year such 

18 contract is in effect, a written report setting forth the in19 formation required by subsection (b). The Secretary of 

20 Defense shall make these reports publicly available on a 

21 government website not later than July 1 of each year 

22 such contract is in effect. 

23 ‘‘(b) REPORT INFORMATION.—Except as provided in 

24 subsection (c), a report by a contractor under subsection 

25 (a) shall— 

26 ‘‘(1) list the name of each person who— 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 5306 IH

1 ‘‘(A) is a former officer or employee of the 

2 Department of Defense or a former or retired 

3 member of the armed forces who served— 

4 ‘‘(i) in an Executive Schedule position 

5 under subchapter II of chapter 53 of title 

6 5; 

7 ‘‘(ii) in a position in the Senior Exec8 utive Service under subchapter VIII of 

9 chapter 53 of title 5; 

10 ‘‘(iii) in a position compensated at a 

11 rate of pay for grade O–6 or above under 

12 section 201 of title 37; or 

13 ‘‘(iv) as a program manager, deputy 

14 program manager, procuring contracting 

15 officer, administrative contracting officer, 

16 source selection authority, member of the 

17 source selection evaluation board, or chief 

18 of a financial or technical evaluation team 

19 for a contract with a value in excess of 

20 $10,000,000; and 

21 ‘‘(B) during the preceding calendar year 

22 was provided compensation by the contractor, if 

23 such compensation was first provided by the 

24 contractor not more than four years after such 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 5306 IH

1 officer, employee, or member left service in the 

2 Department of Defense; 

3 ‘‘(2) in the case of each person listed under 

4 subparagraph (A)— 

5 ‘‘(A) identify the agency in which such per6 son was employed or served on active duty dur7 ing the last two years of such person’s service 

8 with the Department of Defense; 

9 ‘‘(B) state such person’s job title and iden10 tify each major defense system, contract, modi11 fication, subcontract, task order, and delivery 

12 order in excess of $10,000,000, if any, on which 

13 such person performed any work with the De14 partment of Defense during the last two years 

15 of such person’s service with the Department; 

16 and 

17 ‘‘(C) state such person’s current job title 

18 with the contractor and identify each major de19 fense system, contract, modification, sub20 contract, task order, and delivery order in ex21 cess of $10,000,000, on which such person has 

22 performed any work on behalf of the contractor; 

23 and 

24 ‘‘(3) if the contractor is a client, include— 

25 ‘‘(A) a statement that— 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 5306 IH

1 ‘‘(i) lists each specific issue for which 

2 the contractor, any employee of the con3 tractor, or any lobbyist paid by the con4 tractor engaged in lobbying activities with 

5 the Department of Defense; 

6 ‘‘(ii) specifies the Federal rule or reg7 ulation, Executive order, or other program, 

8 policy, contract, or position of the Depart9 ment of Defense to which the lobbying ac10 tivities described in clause (i) related; 

11 ‘‘(iii) lists each lobbying activity relat12 ing to the Department of Defense that the 

13 contractor, any employee of the contractor, 

14 or any lobbyist paid by the contractor has 

15 engaged in on behalf of the contractor, in16 cluding— 

17 ‘‘(I) each document prepared by 

18 the contractor, any employee of the 

19 contractor, or any lobbyist paid by the 

20 contractor that was submitted to an 

21 officer or employee of the Department 

22 of Defense by the lobbyist; 

23 ‘‘(II) each meeting that was a 

24 lobbying contact with an officer or 

25 employee of the Department of DeVerDate Sep 11 2014 02:09 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5306.IH H5306

kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 5306 IH

1 fense, including the subject of the 

2 meeting, the date of the meeting, and 

3 the name and position of each indi4 vidual who attended the meeting; 

5 ‘‘(III) each phone call made to an 

6 officer or employee of the Department 

7 of Defense that was a lobbying con8 tact, including the subject of the 

9 phone call, the date of the phone call, 

10 and the name and position of each in11 dividual who was on the phone call; 

12 and 

13 ‘‘(IV) each electronic communica14 tion (including emails, text messages, 

15 and other forms of electronic commu16 nication) sent to an officer or em17 ployee of the Department of Defense 

18 that was a lobbying contact, including 

19 the subject of the electronic commu20 nication, the date of the electronic 

21 communication, and the name and po22 sition of each individual who received 

23 the electronic communication; 

24 ‘‘(iv) lists the name of each employee 

25 of the contractor who— 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 5306 IH

1 ‘‘(I) did not participate in a lob2 bying contact with an officer or em3 ployee of the Department of Defense; 

4 and 

5 ‘‘(II) engaged in lobbying activi6 ties in support of a lobbying contact 

7 with an officer or employee of the De8 partment of Defense; and 

9 ‘‘(v) describes the lobbying activities 

10 referred to in clause (iv)(II); and 

11 ‘‘(B) a copy of any document transmitted 

12 to an officer or employee of the Department of 

13 Defense in the course of the lobbying activities 

14 described in subparagraph (A)(iv)(II). 

15 ‘‘(c) DEFINITIONS.—In subsection (b)(3), the terms 

16 ‘client’, ‘lobbying activities’, ‘lobbying contact’, and ‘lob17 byist’ have the meanings given the terms in section 3 of 

18 the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).’’. 

19 (b) EFFECTIVE DATE.—This section and the amend20 ments made by this section shall apply with respect to con21 tracts entered into on or after that date. 

22 SEC. 103. BAN ON HIRING CONTRACTING OFFICIALS EN23 FORCEABLE ON CERTAIN CONTRACTS. 

24 (a) PROHIBITION.— 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 5306 IH

1 (1) IN GENERAL.—Any contract for the pro2 curement of goods or services, other than a contract 

3 for the procurement of commercial products or serv4 ices, with a value of excess of $10,000,000 shall in5 clude a contract clause prohibiting the contractor 

6 from providing compensation to a former Depart7 ment of Defense official described in paragraph (2) 

8 within four years after such former official leaves 

9 service in the Department of Defense. 

10 (2) COVERED DEPARTMENT OF DEFENSE OFFI11 CIAL.—An official or former official of the Depart12 ment of Defense is covered by the requirements of 

13 this section if such official or former official is a 

14 former officer or employee of the Department of De15 fense or a former or retired member of the Armed 

16 Forces who served as a program manager, deputy 

17 program manager, procuring contracting officer, ad18 ministrative contracting officer, source selection au19 thority, member of the source selection evaluation 

20 board, or chief of a financial or technical evaluation 

21 team or directly managed someone in these roles for 

22 a contract with a value in excess of $10,000,000, 

23 and such person— 

24 (A) participated in the contract or license 

25 selection; 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 5306 IH

1 (B) determined or signed off on the tech2 nical requirements of the contract or license; or 

3 (C) granted the contract or license. 

4 (b) ADMINISTRATIVE ACTIONS.—In the event that an 

5 official or former official of the Department of Defense 

6 described in subsection (a)(2), or a Department of De7 fense contractor, knowingly fails to comply with the re8 quirements of this subsection, the Secretary of Defense 

9 may take any of the administrative actions set forth in 

10 section 2105 of title 41, United States Code, that the Sec11 retary of Defense determines to be appropriate. 

12 (c) DEFINITIONS.—In this section: 

13 (1) COMMERCIAL PRODUCT.—The term ‘‘com14 mercial product’’ means any of the following: 

15 (A) A product, other than real property, 

16 that— 

17 (i) is customarily used by the general 

18 public or by nongovernmental entities for 

19 purposes other than governmental pur20 poses; and 

21 (ii) has been sold, leased, or licensed 

22 to the general public. 

23 (B) A product that— 


kjohnson on DSK79L0C42PROD with BILLS
12 

•HR 5306 IH

1 (i) evolved from a product described 

2 in subparagraph (A) through advances in 

3 technology or performance; and 

4 (ii) is not yet available in the commer5 cial marketplace but will be available in the 

6 commercial marketplace in time to satisfy 

7 the delivery requirements under a Federal 

8 Government solicitation. 

9 (C) A product that would satisfy the cri10 teria in subparagraph (A) or (B) were it not 

11 for— 

12 (i) modifications customarily available 

13 in the commercial marketplace; or 

14 (ii) minor modifications made to meet 

15 Federal Government requirements. 

16 (D) Any combination of products meeting 

17 the requirements of subparagraph (A), (B), or 

18 (C) that are customarily combined and sold in 

19 combination to the general public. 

20 (E) A product, or combination of products, 

21 referred to in subparagraphs (A) through (D), 

22 even though the product, or combination of 

23 products, is transferred between or among sepa24 rate divisions, subsidiaries, or affiliates of a 

25 contractor. 


kjohnson on DSK79L0C42PROD with BILLS
13 

•HR 5306 IH

1 (F) A nondevelopmental item if the pro2 curing agency determines, in accordance with 

3 conditions in the Federal Acquisition Regula4 tion, that— 

5 (i) the product was developed exclu6 sively at private expense; and 

7 (ii) has been sold in substantial quan8 tities, on a competitive basis, to multiple 

9 State and local governments or to multiple 

10 foreign governments. 

11 (2) COMMERCIAL SERVICE.—The term ‘‘com12 mercial service’’ means any of the following: 

13 (A) Installation services, maintenance serv14 ices, repair services, training services, and other 

15 services if— 

16 (i) those services are procured for 

17 support of a commercial product, regard18 less of whether the services are provided by 

19 the same source or at the same time as the 

20 commercial product; and 

21 (ii) the source of the services provides 

22 similar services contemporaneously to the 

23 general public under terms and conditions 

24 similar to those offered to the Federal 

25 Government. 


kjohnson on DSK79L0C42PROD with BILLS
14 

•HR 5306 IH

1 (B) Services of a type sold competitively, 

2 in substantial quantities, in the commercial 

3 marketplace— 

4 (i) based on established catalog or 

5 market prices; 

6 (ii) for specific tasks performed or 

7 specific outcomes to be achieved; and 

8 (iii) under standard commercial terms 

9 and conditions. 

10 (C) A service described in subparagraph 

11 (A) or (B), even though the service is trans12 ferred between or among separate divisions, 

13 subsidiaries, or affiliates of a contractor. 

14 SEC. 104. BAN ON HIRING SENIOR OFFICIALS BY GIANT DE15 FENSE CONTRACTORS. 

16 (a) PROHIBITION.— 

17 (1) IN GENERAL.—Any Department of Defense 

18 contract for the procurement of goods or services 

19 with a giant defense contractor shall include a con20 tract clause prohibiting the contractor from hiring or 

21 paying (including as a consultant, lobbyist, or law22 yer) any covered Department of Defense official 

23 within four years after such former official leaves 

24 service in the Department of Defense. 

25 (2) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42PROD with BILLS
15 

•HR 5306 IH

1 (A) COVERED DEPARTMENT OF DEFENSE

2 OFFICIAL.—The term ‘‘covered Department of 

3 Defense official’’ means a former officer or em4 ployee of the Department of Defense or a 

5 former or retired member of the Armed Forces 

6 who served— 

7 (i) in an Executive Schedule position 

8 under subchapter II of chapter 53 of title 

9 5, United States Code; 

10 (ii) in a position in the Senior Execu11 tive Service under subchapter VIII of 

12 chapter 53 of title 5, United States Code; 

13 (iii) in a position compensated at a 

14 rate of pay for grade O–6 or above under 

15 section 201 of title 37, United States 

16 Code; or 

17 (iv) in a supervisory position com18 pensated at a rate of pay for grade GS–15 

19 of the General Schedule under section 

20 5107 of title 5, United States Code, or 

21 higher. 

22 (B) GIANT DEFENSE CONTRACTOR.—The 

23 term ‘‘giant defense contractor’’ means a con24 tractor (other than an institution of higher edu25 cation) that received an average of more than 


kjohnson on DSK79L0C42PROD with BILLS
16 

•HR 5306 IH

1 $1,000,000,000 in annual revenue from the De2 partment of Defense or the Department of En3 ergy for contracted work related to the United 

4 States nuclear program in the previous three 

5 fiscal years. 

6 (b) ADMINISTRATIVE ACTIONS.—In the event that a 

7 covered Department of Defense official, or a Department 

8 of Defense contractor, knowingly fails to comply with the 

9 requirements of this section, the Secretary of Defense may 

10 take any of the administrative actions set forth in section 

11 2105 of title 41, United States Code, that the Secretary 

12 of Defense determines to be appropriate. 

13 (c) ANNUAL REPORT.—The Inspector General of the 

14 Department of Defense shall submit to the Committee on 

15 Armed Services of the Senate and the Committee on 

16 Armed Services of the House of Representatives an annual 

17 report listing the officials or former officials of the Depart18 ment of Defense described in subsection (a)(2)(A), or any 

19 Department of Defense contractor, subject to any of the 

20 administrative actions from the Secretary of Defense 

21 under the requirements of subsection (b) during the prior 

22 calendar year. 


kjohnson on DSK79L0C42PROD with BILLS
17 

•HR 5306 IH

1 SEC. 105. MODIFICATION OF PROHIBITION ON LOBBYING 

2 ACTIVITIES WITH RESPECT TO THE DEPART3 MENT OF DEFENSE BY CERTAIN OFFICERS 

4 OF THE ARMED FORCES AND CIVILIAN EM5 PLOYEES OF THE DEPARTMENT OF DEFENSE 

6 FOLLOWING SEPARATION FROM MILITARY 

7 SERVICE OR EMPLOYMENT WITH THE DE8 PARTMENT. 

9 Section 1045 of the National Defense Authorization 

10 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 

11 1555) is amended— 

12 (1) in subsection (a)— 

13 (A) in the subsection heading, by striking 

14 ‘‘TWO-YEAR PROHIBITION’’ and inserting 

15 ‘‘FOUR-YEAR PROHIBITION’’; 

16 (B) in paragraph (1), by striking ‘‘during 

17 the two-year period’’ and inserting ‘‘during the 

18 four-year period’’; and 

19 (C) in paragraph (2)(A), by striking 

20 ‘‘grade O–9 or higher’’ and inserting ‘‘grade O– 

21 6 or higher’’; 

22 (2) by striking subsection (b); 

23 (3) by redesignating subsection (c) as sub24 section (b); and 

25 (4) in subsection (b)(1)(A), as redesignated by 

26 paragraph (3), by inserting ‘‘, including activities in 


kjohnson on DSK79L0C42PROD with BILLS
18 

•HR 5306 IH

1 support of lobbying contact with an officer or em2 ployee of the Department of Defense’’ before the pe3 riod at the end. 

4 SEC. 106. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF 

5 PERSONAL INTEREST REQUIREMENTS FOR 

6 DEPARTMENT OF DEFENSE OFFICERS AND 

7 EMPLOYEES. 

8 Section 1117 of the National Defense Authorization 

9 Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 

10 971 note prec.) is amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘particular matter’’ and in13 serting ‘‘covered matter’’; 

14 (B) by striking ‘‘where any of the following 

15 organizations is a party or represents a party to 

16 the matter:’’ and inserting ‘‘where any of the 

17 following organizations or entities is a party or 

18 represents a party to the matter, or where the 

19 officer or employee knows, or reasonably should 

20 know, the matter is likely to have a direct and 

21 predictable effect on the financial interests of 

22 any of the following organizations or entities:’’; 

23 (C) in paragraph (1), by striking ‘‘2 

24 years’’ and inserting ‘‘4 years’’; and 


kjohnson on DSK79L0C42PROD with BILLS
19 

•HR 5306 IH

1 (D) by inserting after paragraph (2) the 

2 following new paragraph: 

3 ‘‘(3) A former direct competitor or client of any 

4 organization for which the officer or employee has 

5 served as an employee, officer, director, trustee, or 

6 general partner in the past 4 years.’’; 

7 (2) by redesignating subsection (c) as sub8 section (d); and 

9 (3) by inserting after subsection (b) the fol10 lowing new subsection: 

11 ‘‘(c) COVERED MATTER DEFINED.—In this section, 

12 the term ‘covered matter’— 

13 ‘‘(1) means any matter that involves delibera14 tion, decision, or action that is focused upon the in15 terests of a specific person or a discrete and identifi16 able class of persons; and 

17 ‘‘(2) includes policy making that is narrowly fo18 cused on the interests of a discrete and identifiable 

19 class of persons.’’. 

20 SEC. 107. PROHIBITION ON OWNERSHIP OR TRADING OF 

21 STOCKS IN CERTAIN COMPANIES BY DEPART22 MENT OF DEFENSE OFFICERS AND EMPLOY23 EES. 

24 (a) PROHIBITION ON OWNERSHIP AND TRADING

25 PUBLICLY TRADED STOCKS.—Section 988(a) of title 10, 


kjohnson on DSK79L0C42PROD with BILLS
20 

•HR 5306 IH

1 United States Code, is amended by striking ‘‘if that com2 pany is one of the 10 entities awarded the most amount 

3 of contract funds by the Department of Defense in a fiscal 

4 year during the five preceding fiscal years’’ and inserting 

5 ‘‘if, during the preceding calendar year, the company re6 ceived more than $100,000,000 in revenue from the De7 partment of Defense, including through 1 or more con8 tracts with the Department’’. 

9 (b) DEFINITION OF COVERED OFFICIAL.—Section 

10 988 of title 10, United States Code, is amended— 

11 (1) by redesignating subsection (c) as sub12 section (d); and 

13 (2) in paragraph (1) of subsection (d), as redes14 ignated by paragraph (1) of this section, by striking 

15 ‘‘means any’’ and all that follows through the period 

16 at the end of subparagraph (B) and inserting 

17 ‘‘means any official described in section 847(c) of 

18 the National Defense Authorization Act for Fiscal 

19 Year 2008 (10 U.S.C. 1701 note).’’. 

20 (c) PENALTY.—Section 988 of title 10, United States 

21 Code, as amended by subsection (b), is further amended 

22 by inserting after subsection (b) the following new sub23 section: 


kjohnson on DSK79L0C42PROD with BILLS
21 

•HR 5306 IH

1 ‘‘(c) PENALTIES.—Whoever violates subsection (a) 

2 shall be subject to the penalties set forth in section 216 

3 of title 18, United States Code.’’. 

4 TITLE II—LIMITING FOREIGN 

5 INFLUENCE 

6 SEC. 201. BAN ON SENIOR NATIONAL SECURITY OFFICIALS 

7 ADVISING FOREIGN GOVERNMENTS. 

8 Section 207(f) of title 18, United States Code, is 

9 amended— 

10 (1) by redesignating paragraph (3) as para11 graph (4); and 

12 (2) by inserting after paragraph (2) the fol13 lowing new paragraph: 

14 ‘‘(3) PERMANENT RESTRICTION.—Any person 

15 who has been employed as a senior official in the 

16 White House, the Department of State, the Depart17 ment of Defense, or the Department of the Treasury 

18 who performs compensated work for the benefit of a 

19 foreign entity that stands to benefit from the knowl20 edge obtained by the person as a result of such 

21 United States Government employment, shall be 

22 punished as provided in section 216 of this title.’’. 


kjohnson on DSK79L0C42PROD with BILLS
22 

•HR 5306 IH

1 SEC. 202. BAN ON FORMER MILITARY AND CIVILIAN INTEL2 LIGENCE OFFICERS FROM FOREIGN EMPLOY3 MENT. 

4 All military and civilian intelligence personnel em5 ployed by a military intelligence organization possessing 

6 a security clearance, upon separation from service or res7 ignation, are prohibited from obtaining employment with 

8 a foreign government or a private company doing work 

9 predominantly on behalf of a foreign government. Any in10 telligence personnel who performs compensated work for 

11 the benefit of a foreign entity that stands to benefit from 

12 the knowledge obtained by the person as a result of such 

13 United States Government employment, shall be punished 

14 as provided in section 216 of title 18, United States Code. 

15 TITLE III—TRANSPARENCY 

16 SEC. 301. AFFIRMATIVE CONTRACTOR RECORD DISCLO17 SURES. 

18 The Secretary of Defense shall publish on a publicly 

19 available internet website the following information to the 

20 extent such information is unclassified and non-confiden21 tial: 

22 (1) In the case of a contract with the Depart23 ment of Defense for goods or services above the sim24 plified acquisition threshold specified in section 134 

25 of title 41, United States Code, copies of all con26 tracts, subcontracts, purchase orders, delivery orVerDate Sep 11 2014 02:09 Aug 30, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5306.IH H5306

kjohnson on DSK79L0C42PROD with BILLS
23 

•HR 5306 IH

1 ders, task orders, lease agreements, and assignments 

2 entered into with the Department of Defense during 

3 the previous 3 fiscal years. 

4 (2) In the case of a contract with the Depart5 ment of Defense for goods or services in excess of 

6 $10,000,000, all records related to lack of perform7 ance, failure to meet contract requirements, and any 

8 resulting corrective action plans, cure notices, show 

9 cause notices, and non-conformance reports. 

10 (3) The contractor report required under sec11 tion 4705 of title 10, United States Code, as added 

12 by section 102 of this Act. 

13 SEC. 302. PUBLICATION OF CONTRACTOR EVALUATION 

14 RATINGS. 

15 Section 2313(c) of title 41, United States Code, is 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(9) Contractor evaluation ratings as provided 

19 for at paragraph (b)(4) of section 1503 of part 42 

20 of title 48, Code of Federal Regulations, as of the 

21 date of enactment of this paragraph.’’. 

22 SEC. 303. OWNERSHIP OF INFORMATION. 

23 Any entity of the Department of Defense that enters 

24 into a contract or agreement with, or provides funding to, 


kjohnson on DSK79L0C42PROD with BILLS
24 

•HR 5306 IH

1 a nongovernmental entity for the purposes of procuring 

2 goods or services shall— 

3 (1) for the purposes of paragraph (3), be 

4 deemed to have control over all information of the 

5 entity related to— 

6 (A) any costs or the expenditure of any 

7 funds related to the contract or agreement; and 

8 (B) any other information related to the 

9 performance of the contract or agreement; 

10 (2) provide access to the information described 

11 in paragraph (1), which shall be considered an 

12 ‘‘agency record’’, to any person upon request made 

13 pursuant to paragraph (3); and 

14 (3) include compliance with this subsection as a 

15 material term in any contract, agreement, or renewal 

16 of a contract or agreement with any nongovern17 mental entity for the purposes of procuring goods or 

18 services. 

19 SEC. 304. FINANCIAL DISCLOSURE BY LARGE CONTRAC20 TORS. 

21 (a) DISCLOSURE REQUIREMENT.— 

22 (1) IN GENERAL.—The Secretary of Defense 

23 shall require a covered contractor, as a condition for 

24 entering into a contract with the Department of De25 fense, to make publicly available on an annual basis 


kjohnson on DSK79L0C42PROD with BILLS
25 

•HR 5306 IH

1 the following information (excluding information de2 termined to be classified by the Secretary): 

3 (A) Audited financial statements. 

4 (B) A listing of the salaries of employees 

5 performing work on the contract that receive 

6 compensation from the contractor in excess of 

7 $250,000 per year. 

8 (C) A description of all Federal political 

9 spending, including lobbying, by the contractor. 

10 (2) SUSPENSION AND DEBARMENT.—The Sec11 retary of Defense may suspend or debar any covered 

12 contractor that fails to comply with the disclosure 

13 requirements under paragraph (1). 

14 (3) COVERED CONTRACTOR DEFINED.—The 

15 term ‘‘covered contractor’’ means a contractor (other 

16 than an institute of higher education) that— 

17 (A) received more than $10,000,000 in an18 nual revenue from Federal Government con19 tracts or licenses in any of the previous three 

20 fiscal years; or 

21 (B) earned more than 20 percent of its 

22 total annual revenue from Federal Government 

23 contracts or licenses in any of the previous 

24 three fiscal years. 


kjohnson on DSK79L0C42PROD with BILLS
26 

•HR 5306 IH

1 SEC. 305. AVAILABILITY ON THE INTERNET OF CERTAIN IN2 FORMATION ABOUT OFFICERS SERVING IN 

3 GENERAL OR FLAG OFFICER GRADES. 

4 (a) AVAILABILITY REQUIRED.—The Secretary of 

5 each military department shall make available on a pub6 licly available internet website of such department the in7 formation specified in subsection (b) related to each officer 

8 in a general or flag officer grade under the jurisdiction 

9 of such Secretary, including any such officer on the re10 serve active-status list. 

11 (b) INFORMATION.—The information on an officer 

12 referred to in subsection (a) is as follows: 

13 (1) The officer’s name. 

14 (2) The officer’s current billet. 

15 (3) A biographical summary of the officer. 

16 (4) Any financial disclosures made by the offi17 cer to or for Department of Defense purposes. 

18 (5) Any substantiated reports of an Inspector 

19 General in the Department of Defense involving con20 duct of the officer. 

21 (6) Summaries of any command climate survey 

22 conducted with respect to a command of the officer. 

23 (c) REDACTION.—Information made available pursu24 ant to subsection (a) may be redacted in a manner that 

25 accords with the provisions of section 552a of title 5, 


kjohnson on DSK79L0C42PROD with BILLS
27 

•HR 5306 IH

1 United States Code (commonly referred to as the ‘‘Privacy 

2 Act’’). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS