[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3339 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3339
To prohibit former members of the Armed Forces from accepting
employment in positions involving training, consulting, advising, or
instructing any government-associated individual or entity from the
People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the
Republic of Cuba, or the Syrian Arab Republic.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 15, 2023
Mrs. Shaheen (for herself, Mr. Cotton, and Mr. Kelly) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To prohibit former members of the Armed Forces from accepting
employment in positions involving training, consulting, advising, or
instructing any government-associated individual or entity from the
People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the
Republic of Cuba, or the Syrian Arab Republic.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defending Against Adversary
Recruitment Efforts Act'' or the ``DAARE Act''.
SEC. 2. PROHIBITION ON FORMER MEMBERS OF THE ARMED FORCES ACCEPTING
POST-SERVICE EMPLOYMENT WITH CERTAIN FOREIGN GOVERNMENTS.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 989. Prohibition on former members of the armed forces accepting
post-service employment with certain foreign governments
``(a) In General.--Except as provided by subsection (b), a covered
individual may not occupy a covered post-service position.
``(b) Temporary Waiver.--
``(1) In general.--The Secretary of Defense shall establish
a process under which a covered individual may be granted a
temporary waiver of the prohibition under subsection (a) if--
``(A) the individual, or a Federal agency on behalf
of, and with the consent of, the individual, submits to
the Secretary a written application for a waiver in
such form and manner as the Secretary determines
appropriate; and
``(B) the Secretary determines that the waiver is
necessary to advance the national security interests of
the United States.
``(2) Period of waiver.--A waiver issued under paragraph
(1) shall apply for a period not exceeding 5 years. The
Secretary may renew such a waiver.
``(3) Revocation.--The Secretary may revoke a waiver issued
under paragraph (1) to a covered individual with respect to a
covered-post service position if the Secretary determines that
the employment of the individual in the covered-post service
position poses a threat to national security.
``(4) Notification.--
``(A) In general.--Not later than 30 days after the
date on which the Secretary issues a waiver under
paragraph (1) or revokes a waiver under paragraph (3),
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
written notification of the waiver or revocation, as
the case may be.
``(B) Elements.--A notification required by
subparagraph (A) shall include the following:
``(i) With respect to a waiver issued to a
covered individual--
``(I) the details of the
application, including the position
held by the individual in the armed
forces;
``(II) the nature of the post-
service position of the individual;
``(III) a description of the
national security interests that will
be advanced by reason of issuing such a
waiver; and
``(IV) the specific reasons why the
Secretary determines that issuing the
waiver will advance such interests.
``(ii) With respect to a revocation of a
waiver issued to a covered individual--
``(I) the details of the waiver,
including any renewals of the waiver,
and the dates of such waiver and
renewals; and
``(II) the specific reasons why the
Secretary determined that the
revocation is warranted.
``(c) Certification of Prohibition.--In implementing the
prohibition under subsection (a), the Secretary shall establish a
process under which each member of the armed forces is, before the
member retires or is otherwise separated from the armed forces--
``(1) informed in writing of the prohibition, and the
penalties for violations of the prohibition; and
``(2) is required to certify that the member understands
the prohibition and those penalties.
``(d) Penalties.--In the case of a covered individual who knowingly
and willfully fails to comply with the prohibition under subsection
(a), the Secretary shall, as applicable--
``(1) withhold any pay, allowances, or benefits that would
otherwise be provided to the individual by the Department of
Defense; and
``(2) revoke any security clearance of the individual.
``(e) Annual Reports.--
``(1) Requirement.--Not later than March 31, 2024, and
annually thereafter, the Secretary shall submit to the
congressional defense committees a report on covered post-
service employment occurring during the year covered by the
report.
``(2) Elements.--Each report required by paragraph (1)
shall include the following:
``(A) The number of former covered individuals who
occupy a covered post-service position, broken down
by--
``(i) the name of the employer;
``(ii) the foreign government, including by
the specific foreign individual, agency, or
entity, for whom the covered post-service
employment is being performed; and
``(iii) the nature of the services provided
as part of the covered post-service employment.
``(B) An assessment by the Secretary of whether--
``(i) the Department of Defense maintains
adequate systems and processes for ensuring
that former members of the armed forces are
submitting required reports relating to their
employment by foreign governments;
``(ii) all covered individuals who occupy a
covered post-service position are in compliance
with this section;
``(iii) the services provided by the
covered individuals who occupy a covered post-
service position pose a current or future
threat to the national security of the United
States; and
``(iv) there is any credible information or
reporting that any covered individual who
occupies a covered post-service position has
engaged in activities that violate Federal law.
``(3) Form of report.--Each report required by paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex.
``(f) Notifications of Determinations of Certain Threats.--
``(1) Requirement.--In addition to the annual reports under
subsection (d), if the Secretary determines that the services
provided by a covered individual who occupies a covered post-
service position pose a threat described in clause (iii) of
paragraph (2)(B) of that subsection, or include activities
described in clause (iv) of such paragraph, the Secretary shall
notify the congressional defense committees of that
determination by not later than 30 days after making the
determination.
``(2) Elements.--A notification required by paragraph (1)
shall include the following:
``(A) The name of the covered individual.
``(B) The name of the employer.
``(C) The foreign government, including the
specific foreign individual, agency, or entity, for
whom the covered post-service employment is being
performed.
``(D) As applicable, a description of the risk to
national security and the activities that may violate
Federal law.
``(g) Rule of Construction.--Nothing in this section may be
construed to indemnify or shield covered individuals from prosecution
under any relevant provision of title 18.
``(h) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means an individual who has retired or otherwise separated from
an active or reserve component of the armed forces.
``(2) Covered post-service employment.--The term `covered
post-service employment' means direct or indirect employment
by, representation of, or any provision of advice or services
relating to national security, intelligence, the military, or
internal security to--
``(A) the government of--
``(i) a country of concern (as defined in
section 1(m) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(m)));
or
``(ii) a country the Secretary of Defense
determines acts as a proxy or passthrough for
services for a country of concern; or
``(B) any company, entity, or other person the
activities of which are directly or indirectly
supervised, directed, controlled, financed, or
subsidized, in whole or in major part, by a government
described in subparagraph (A).
``(3) Covered post-service position.--The term `covered
post-service position' means a position of employment described
in paragraph (2).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 49 of such title is amended by adding at the end the following
new item:
``989. Prohibition on former members of the armed forces accepting
post-service employment with certain
foreign governments.''.
(c) Conforming Amendment.--Section 908 of title 37, United States
Code, is amended by adding at the end the following new subsection:
``(f) Prohibition on Former Members of Armed Forces Accepting
Employment With Certain Foreign Governments.--For a provision of law
prohibiting former members of the armed forces from accepting post-
service employment with certain foreign governments, see section 989 of
title 10.''.
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