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 subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Department of Defense Ethics and Anti-Corruption Act 
of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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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 De-
partment 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 De-
partment. 
Sec. 106. Enhancement of recusal for conflicts of personal interest require-
ments 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 govern-
ments. 
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 serv-
ing in general or flag officer grades. 
TITLE I—REVOLVING DOOR AND 
CONTRACTOR INFLUENCE 
SEC. 101. HEIGHTENED REVOLVING DOOR REQUIREMENTS. 
Section 847 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
1701 note) is amended— 
(1) in subsection (a)(1), by striking ‘‘within two 
years of leaving service’’ and inserting ‘‘within four 
years of leaving service’’; and 
(2) in subsection (b)— 
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(A) by striking ‘‘REQUIREMENT.—Each re-
quest’’ and inserting the following: ‘‘REQUIRE-
MENT.— 
‘‘(1) DATABASE.—Each request’’; 
(B) by striking ‘‘retained by the Depart-
ment of Defense in a central database or repos-
itory maintained by the General Counsel of the 
Department for not less than five years’’ and 
inserting ‘‘retained by the Department of De-
fense in a central database or repository main-
tained by the Standards of Conduct Office of 
the Department for not less than 10 years’’; 
(C) by inserting ‘‘and shall be posted on a 
publicly available internet website of the Gen-
eral Counsel Standards of Conduct Office’’ 
after ‘‘opinion was provided’’; and 
(D) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) INSPECTOR GENERAL REVIEW.—The In-
spector General of the Department of Defense shall 
conduct periodic reviews not less than biannually to 
ensure that written opinions are being requested, 
provided, and retained in accordance with the re-
quirements of this section, as well as any related 
matters.’’. 
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SEC. 102. REQUIREMENTS FOR DEFENSE CONTRACTORS 
RELATING TO CERTAIN FORMER DEPART-
MENT OF DEFENSE OFFICIALS AND LOB-
BYING ACTIVITIES. 
(a) IN GENERAL.—Chapter 365 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 4705. Defense contractors report: requirements 
concerning former Department of De-
fense officials and lobbying activities 
‘‘(a) IN GENERAL.—Each contract for the procure-
ment 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 Sec-
retary of Defense, not later than April 1 of each year such 
contract is in effect, a written report setting forth the in-
formation 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. 
‘‘(b) REPORT INFORMATION.—Except as provided in 
subsection (c), a report by a contractor under subsection 
(a) shall— 
‘‘(1) list the name of each person who— 
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‘‘(A) is a former officer or employee of the 
Department of Defense or a former or retired 
member of the armed forces who served— 
‘‘(i) in an Executive Schedule position 
under subchapter II of chapter 53 of title 
5; 
‘‘(ii) in a position in the Senior Exec-
utive Service under subchapter VIII of 
chapter 53 of title 5; 
‘‘(iii) in a position compensated at a 
rate of pay for grade O–6 or above under 
section 201 of title 37; or 
‘‘(iv) 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 
‘‘(B) 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 
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fense, including the subject of the 
meeting, the date of the meeting, and 
the name and position of each indi-
vidual who attended the meeting; 
‘‘(III) each phone call made to an 
officer or employee of the Department 
of Defense that was a lobbying con-
tact, including the subject of the 
phone call, the date of the phone call, 
and the name and position of each in-
dividual who was on the phone call; 
and 
‘‘(IV) each electronic communica-
tion (including emails, text messages, 
and other forms of electronic commu-
nication) sent to an officer or em-
ployee of the Department of Defense 
that was a lobbying contact, including 
the subject of the electronic commu-
nication, the date of the electronic 
communication, and the name and po-
sition of each individual who received 
the electronic communication; 
‘‘(iv) lists the name of each employee 
of the contractor who— 
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‘‘(I) did not participate in a lob-
bying contact with an officer or em-
ployee of the Department of Defense; 
and 
‘‘(II) engaged in lobbying activi-
ties in support of a lobbying contact 
with an officer or employee of the De-
partment of Defense; and 
‘‘(v) describes the lobbying activities 
referred to in clause (iv)(II); and 
‘‘(B) 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). 
‘‘(c) DEFINITIONS.—In subsection (b)(3), the terms 
‘client’, ‘lobbying activities’, ‘lobbying contact’, and ‘lob-
byist’ have the meanings given the terms in section 3 of 
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).’’. 
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to con-
tracts entered into on or after that date. 
SEC. 103. BAN ON HIRING CONTRACTING OFFICIALS EN-
FORCEABLE ON CERTAIN CONTRACTS. 
(a) PROHIBITION.— 
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(1) IN GENERAL.—Any contract for the pro-
curement of goods or services, other than a contract 
for the procurement of commercial products or serv-
ices, with a value of excess of $10,000,000 shall in-
clude a contract clause prohibiting the contractor 
from providing compensation to a former Depart-
ment of Defense official described in paragraph (2) 
within four years after such former official leaves 
service in the Department of Defense. 
(2) COVERED DEPARTMENT OF DEFENSE OFFI-
CIAL.—An official or former official of the Depart-
ment of Defense is covered by the requirements of 
this section if such official or former official is a 
former officer or employee of the Department of De-
fense or a former or retired member of the Armed 
Forces who served as a program manager, deputy 
program manager, procuring contracting officer, ad-
ministrative contracting officer, source selection au-
thority, member of the source selection evaluation 
board, or chief of a financial or technical evaluation 
team or directly managed someone in these roles for 
a contract with a value in excess of $10,000,000, 
and such person— 
(A) participated in the contract or license 
selection; 
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(B) determined or signed off on the tech-
nical requirements of the contract or license; or 
(C) granted the contract or license. 
(b) ADMINISTRATIVE ACTIONS.—In the event that an 
official or former official of the Department of Defense 
described in subsection (a)(2), or a Department of De-
fense contractor, knowingly fails to comply with the re-
quirements of this subsection, the Secretary of Defense 
may take any of the administrative actions set forth in 
section 2105 of title 41, United States Code, that the Sec-
retary of Defense determines to be appropriate. 
(c) DEFINITIONS.—In this section: 
(1) COMMERCIAL PRODUCT.—The term ‘‘com-
mercial product’’ means any of the following: 
(A) A product, other than real property, 
that— 
(i) is customarily used by the general 
public or by nongovernmental entities for 
purposes other than governmental pur-
poses; and 
(ii) has been sold, leased, or licensed 
to the general public. 
(B) A product that— 
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(i) evolved from a product described 
in subparagraph (A) through advances in 
technology or performance; and 
(ii) is not yet available in the commer-
cial marketplace but will be available in the 
commercial marketplace in time to satisfy 
the delivery requirements under a Federal 
Government solicitation. 
(C) A product that would satisfy the cri-
teria in subparagraph (A) or (B) were it not 
for— 
(i) modifications customarily available 
in the commercial marketplace; or 
(ii) minor modifications made to meet 
Federal Government requirements. 
(D) Any combination of products meeting 
the requirements of subparagraph (A), (B), or 
(C) that are customarily combined and sold in 
combination to the general public. 
(E) A product, or combination of products, 
referred to in subparagraphs (A) through (D), 
even though the product, or combination of 
products, is transferred between or among sepa-
rate divisions, subsidiaries, or affiliates of a 
contractor. 
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(F) A nondevelopmental item if the pro-
curing agency determines, in accordance with 
conditions in the Federal Acquisition Regula-
tion, that— 
(i) the product was developed exclu-
sively at private expense; and 
(ii) has been sold in substantial quan-
tities, on a competitive basis, to multiple 
State and local governments or to multiple 
foreign governments. 
(2) COMMERCIAL
SERVICE.—The term ‘‘com-
mercial service’’ means any of the following: 
(A) Installation services, maintenance serv-
ices, repair services, training services, and other 
services if— 
(i) those services are procured for 
support of a commercial product, regard-
less of whether the services are provided by 
the same source or at the same time as the 
commercial product; and 
(ii) the source of the services provides 
similar services contemporaneously to the 
general public under terms and conditions 
similar to those offered to the Federal 
Government. 
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(B) Services of a type sold competitively, 
in substantial quantities, in the commercial 
marketplace— 
(i) based on established catalog or 
market prices; 
(ii) for specific tasks performed or 
specific outcomes to be achieved; and 
(iii) under standard commercial terms 
and conditions. 
(C) A service described in subparagraph 
(A) or (B), even though the service is trans-
ferred between or among separate divisions, 
subsidiaries, or affiliates of a contractor. 
SEC. 104. BAN ON HIRING SENIOR OFFICIALS BY GIANT DE-
FENSE CONTRACTORS. 
(a) PROHIBITION.— 
(1) IN GENERAL.—Any Department of Defense 
contract for the procurement of goods or services 
with a giant defense contractor shall include a con-
tract clause prohibiting the contractor from hiring or 
paying (including as a consultant, lobbyist, or law-
yer) any covered Department of Defense official 
within four years after such former official leaves 
service in the Department of Defense. 
(2) DEFINITIONS.—In this section: 
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(A) COVERED DEPARTMENT OF DEFENSE 
OFFICIAL.—The term ‘‘covered Department of 
Defense official’’ means a former officer or em-
ployee of the Department of Defense or a 
former or retired member of the Armed Forces 
who served— 
(i) in an Executive Schedule position 
under subchapter II of chapter 53 of title 
5, United States Code; 
(ii) in a position in the Senior Execu-
tive Service under subchapter VIII of 
chapter 53 of title 5, United States Code; 
(iii) in a position compensated at a 
rate of pay for grade O–6 or above under 
section 201 of title 37, United States 
Code; or 
(iv) in a supervisory position com-
pensated at a rate of pay for grade GS–15 
of the General Schedule under section 
5107 of title 5, United States Code, or 
higher. 
(B) GIANT DEFENSE CONTRACTOR.—The 
term ‘‘giant defense contractor’’ means a con-
tractor (other than an institution of higher edu-
cation) that received an average of more than 
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$1,000,000,000 in annual revenue from the De-
partment of Defense or the Department of En-
ergy for contracted work related to the United 
States nuclear program in the previous three 
fiscal years. 
(b) ADMINISTRATIVE ACTIONS.—In the event that a 
covered Department of Defense official, or a Department 
of Defense contractor, knowingly fails to comply with the 
requirements of this section, the Secretary of Defense may 
take any of the administrative actions set forth in section 
2105 of title 41, United States Code, that the Secretary 
of Defense determines to be appropriate. 
(c) ANNUAL REPORT.—The Inspector General of the 
Department of Defense shall submit to the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives an annual 
report listing the officials or former officials of the Depart-
ment of Defense described in subsection (a)(2)(A), or any 
Department of Defense contractor, subject to any of the 
administrative actions from the Secretary of Defense 
under the requirements of subsection (b) during the prior 
calendar year. 
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SEC. 105. MODIFICATION OF PROHIBITION ON LOBBYING 
ACTIVITIES WITH RESPECT TO THE DEPART-
MENT OF DEFENSE BY CERTAIN OFFICERS 
OF THE ARMED FORCES AND CIVILIAN EM-
PLOYEES OF THE DEPARTMENT OF DEFENSE 
FOLLOWING SEPARATION FROM MILITARY 
SERVICE OR EMPLOYMENT WITH THE DE-
PARTMENT. 
Section 1045 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1555) is amended— 
(1) in subsection (a)— 
(A) in the subsection heading, by striking 
‘‘TWO-YEAR
PROHIBITION’’ 
and 
inserting 
‘‘FOUR-YEAR PROHIBITION’’; 
(B) in paragraph (1), by striking ‘‘during 
the two-year period’’ and inserting ‘‘during the 
four-year period’’; and 
(C) in paragraph (2)(A), by striking 
‘‘grade O–9 or higher’’ and inserting ‘‘grade O– 
6 or higher’’; 
(2) by striking subsection (b); 
(3) by redesignating subsection (c) as sub-
section (b); and 
(4) in subsection (b)(1)(A), as redesignated by 
paragraph (3), by inserting ‘‘, including activities in 
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support of lobbying contact with an officer or em-
ployee of the Department of Defense’’ before the pe-
riod at the end. 
SEC. 106. ENHANCEMENT OF RECUSAL FOR CONFLICTS OF 
PERSONAL INTEREST REQUIREMENTS FOR 
DEPARTMENT OF DEFENSE OFFICERS AND 
EMPLOYEES. 
Section 1117 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 
971 note prec.) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘particular matter’’ and in-
serting ‘‘covered matter’’; 
(B) by striking ‘‘where any of the following 
organizations is a party or represents a party to 
the matter:’’ and inserting ‘‘where any of the 
following organizations or entities is a party or 
represents a party to the matter, or where the 
officer or employee knows, or reasonably should 
know, the matter is likely to have a direct and 
predictable effect on the financial interests of 
any of the following organizations or entities:’’; 
(C) in paragraph (1), by striking ‘‘2 
years’’ and inserting ‘‘4 years’’; and 
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(D) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) A former direct competitor or client of any 
organization for which the officer or employee has 
served as an employee, officer, director, trustee, or 
general partner in the past 4 years.’’; 
(2) by redesignating subsection (c) as sub-
section (d); and 
(3) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) COVERED MATTER DEFINED.—In this section, 
the term ‘covered matter’— 
‘‘(1) means any matter that involves delibera-
tion, decision, or action that is focused upon the in-
terests of a specific person or a discrete and identifi-
able class of persons; and 
‘‘(2) includes policy making that is narrowly fo-
cused on the interests of a discrete and identifiable 
class of persons.’’. 
SEC. 107. PROHIBITION ON OWNERSHIP OR TRADING OF 
STOCKS IN CERTAIN COMPANIES BY DEPART-
MENT OF DEFENSE OFFICERS AND EMPLOY-
EES. 
(a) PROHIBITION
ON OWNERSHIP
AND TRADING 
PUBLICLY TRADED STOCKS.—Section 988(a) of title 10, 
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United States Code, is amended by striking ‘‘if that com-
pany is one of the 10 entities awarded the most amount 
of contract funds by the Department of Defense in a fiscal 
year during the five preceding fiscal years’’ and inserting 
‘‘if, during the preceding calendar year, the company re-
ceived more than $100,000,000 in revenue from the De-
partment of Defense, including through 1 or more con-
tracts with the Department’’. 
(b) DEFINITION OF COVERED OFFICIAL.—Section 
988 of title 10, United States Code, is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) in paragraph (1) of subsection (d), as redes-
ignated by paragraph (1) of this section, by striking 
‘‘means any’’ and all that follows through the period 
at the end of subparagraph (B) and inserting 
‘‘means any official described in section 847(c) of 
the National Defense Authorization Act for Fiscal 
Year 2008 (10 U.S.C. 1701 note).’’. 
(c) PENALTY.—Section 988 of title 10, United States 
Code, as amended by subsection (b), is further amended 
by inserting after subsection (b) the following new sub-
section: 
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‘‘(c) PENALTIES.—Whoever violates subsection (a) 
shall be subject to the penalties set forth in section 216 
of title 18, United States Code.’’. 
TITLE II—LIMITING FOREIGN 
INFLUENCE 
SEC. 201. BAN ON SENIOR NATIONAL SECURITY OFFICIALS 
ADVISING FOREIGN GOVERNMENTS. 
Section 207(f) of title 18, United States Code, is 
amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) PERMANENT
RESTRICTION.—Any person 
who has been employed as a senior official in the 
White House, the Department of State, the Depart-
ment of Defense, or the Department of the Treasury 
who performs compensated work for the benefit of a 
foreign entity that stands to benefit from the knowl-
edge obtained by the person as a result of such 
United States Government employment, shall be 
punished as provided in section 216 of this title.’’. 
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SEC. 202. BAN ON FORMER MILITARY AND CIVILIAN INTEL-
LIGENCE OFFICERS FROM FOREIGN EMPLOY-
MENT. 
All military and civilian intelligence personnel em-
ployed by a military intelligence organization possessing 
a security clearance, upon separation from service or res-
ignation, are prohibited from obtaining employment with 
a foreign government or a private company doing work 
predominantly on behalf of a foreign government. Any in-
telligence personnel who performs compensated work for 
the benefit of a foreign entity that stands to benefit from 
the knowledge obtained by the person as a result of such 
United States Government employment, shall be punished 
as provided in section 216 of title 18, United States Code. 
TITLE III—TRANSPARENCY 
SEC. 301. AFFIRMATIVE CONTRACTOR RECORD DISCLO-
SURES. 
The Secretary of Defense shall publish on a publicly 
available internet website the following information to the 
extent such information is unclassified and non-confiden-
tial: 
(1) In the case of a contract with the Depart-
ment of Defense for goods or services above the sim-
plified acquisition threshold specified in section 134 
of title 41, United States Code, copies of all con-
tracts, subcontracts, purchase orders, delivery or-
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ders, task orders, lease agreements, and assignments 
entered into with the Department of Defense during 
the previous 3 fiscal years. 
(2) In the case of a contract with the Depart-
ment of Defense for goods or services in excess of 
$10,000,000, all records related to lack of perform-
ance, failure to meet contract requirements, and any 
resulting corrective action plans, cure notices, show 
cause notices, and non-conformance reports. 
(3) The contractor report required under sec-
tion 4705 of title 10, United States Code, as added 
by section 102 of this Act. 
SEC. 302. PUBLICATION OF CONTRACTOR EVALUATION 
RATINGS. 
Section 2313(c) of title 41, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(9) Contractor evaluation ratings as provided 
for at paragraph (b)(4) of section 1503 of part 42 
of title 48, Code of Federal Regulations, as of the 
date of enactment of this paragraph.’’. 
SEC. 303. OWNERSHIP OF INFORMATION. 
Any entity of the Department of Defense that enters 
into a contract or agreement with, or provides funding to, 
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a nongovernmental entity for the purposes of procuring 
goods or services shall— 
(1) for the purposes of paragraph (3), be 
deemed to have control over all information of the 
entity related to— 
(A) any costs or the expenditure of any 
funds related to the contract or agreement; and 
(B) any other information related to the 
performance of the contract or agreement; 
(2) provide access to the information described 
in paragraph (1), which shall be considered an 
‘‘agency record’’, to any person upon request made 
pursuant to paragraph (3); and 
(3) include compliance with this subsection as a 
material term in any contract, agreement, or renewal 
of a contract or agreement with any nongovern-
mental entity for the purposes of procuring goods or 
services. 
SEC. 304. FINANCIAL DISCLOSURE BY LARGE CONTRAC-
TORS. 
(a) DISCLOSURE REQUIREMENT.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall require a covered contractor, as a condition for 
entering into a contract with the Department of De-
fense, to make publicly available on an annual basis 
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the following information (excluding information de-
termined to be classified by the Secretary): 
(A) Audited financial statements. 
(B) A listing of the salaries of employees 
performing work on the contract that receive 
compensation from the contractor in excess of 
$250,000 per year. 
(C) A description of all Federal political 
spending, including lobbying, by the contractor. 
(2) SUSPENSION AND DEBARMENT.—The Sec-
retary of Defense may suspend or debar any covered 
contractor that fails to comply with the disclosure 
requirements under paragraph (1). 
(3) COVERED
CONTRACTOR
DEFINED.—The 
term ‘‘covered contractor’’ means a contractor (other 
than an institute of higher education) that— 
(A) received more than $10,000,000 in an-
nual revenue from Federal Government con-
tracts or licenses in any of the previous three 
fiscal years; or 
(B) earned more than 20 percent of its 
total annual revenue from Federal Government 
contracts or licenses in any of the previous 
three fiscal years. 
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SEC. 305. AVAILABILITY ON THE INTERNET OF CERTAIN IN-
FORMATION ABOUT OFFICERS SERVING IN 
GENERAL OR FLAG OFFICER GRADES. 
(a) AVAILABILITY REQUIRED.—The Secretary of 
each military department shall make available on a pub-
licly available internet website of such department the in-
formation specified in subsection (b) related to each officer 
in a general or flag officer grade under the jurisdiction 
of such Secretary, including any such officer on the re-
serve active-status list. 
(b) INFORMATION.—The information on an officer 
referred to in subsection (a) is as follows: 
(1) The officer’s name. 
(2) The officer’s current billet. 
(3) A biographical summary of the officer. 
(4) Any financial disclosures made by the offi-
cer to or for Department of Defense purposes. 
(5) Any substantiated reports of an Inspector 
General in the Department of Defense involving con-
duct of the officer. 
(6) Summaries of any command climate survey 
conducted with respect to a command of the officer. 
(c) REDACTION.—Information made available pursu-
ant to subsection (a) may be redacted in a manner that 
accords with the provisions of section 552a of title 5, 
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United States Code (commonly referred to as the ‘‘Privacy 
Act’’). 
Æ 
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