[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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