II
118THCONGRESS
1
STSESSION 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
NOVEMBER15, 2023
Mrs. S
HAHEEN(for herself, Mr. COTTON, and Mr. KELLY) introduced the fol-
lowing bill; which was read twice and referred to the Committee on Vet-
erans’ Affairs
A BILL
To prohibit former members of the Armed Forces from ac-
cepting employment in positions involving training, con-
sulting, advising, or instructing any government-associ-
ated 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 Representa-1
tives of the United States of America in Congress assembled, 2
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS 2
•S 3339 IS
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Defending Against Ad-2
versary Recruitment Efforts Act’’ or the ‘‘DAARE Act’’. 3
SEC. 2. PROHIBITION ON FORMER MEMBERS OF THE 4
ARMED FORCES ACCEPTING POST-SERVICE 5
EMPLOYMENT WITH CERTAIN FOREIGN GOV-6
ERNMENTS. 7
(a) I
NGENERAL.—Chapter 49 of title 10, United 8
States Code, is amended by adding at the end the fol-9
lowing new section: 10
‘‘§ 989. Prohibition on former members of the armed 11
forces accepting post-service employment 12
with certain foreign governments 13
‘‘(a) I
NGENERAL.—Except as provided by subsection 14
(b), a covered individual may not occupy a covered post- 15
service position. 16
‘‘(b) T
EMPORARYWAIVER.— 17
‘‘(1) I
N GENERAL.—The Secretary of Defense 18
shall establish a process under which a covered indi-19
vidual may be granted a temporary waiver of the 20
prohibition under subsection (a) if— 21
‘‘(A) the individual, or a Federal agency on 22
behalf of, and with the consent of, the indi-23
vidual, submits to the Secretary a written appli-24
cation for a waiver in such form and manner as 25
the Secretary determines appropriate; and 26
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS 3
•S 3339 IS
‘‘(B) the Secretary determines that the 1
waiver is necessary to advance the national se-2
curity interests of the United States. 3
‘‘(2) P
ERIOD OF WAIVER .—A waiver issued 4
under paragraph (1) shall apply for a period not ex-5
ceeding 5 years. The Secretary may renew such a 6
waiver. 7
‘‘(3) R
EVOCATION.—The Secretary may revoke 8
a waiver issued under paragraph (1) to a covered in-9
dividual with respect to a covered-post service posi-10
tion if the Secretary determines that the employ-11
ment of the individual in the covered-post service po-12
sition poses a threat to national security. 13
‘‘(4) N
OTIFICATION.— 14
‘‘(A) I
N GENERAL.—Not later than 30 15
days after the date on which the Secretary 16
issues a waiver under paragraph (1) or revokes 17
a waiver under paragraph (3), the Secretary 18
shall submit to the Committees on Armed Serv-19
ices of the Senate and the House of Represent-20
atives written notification of the waiver or rev-21
ocation, as the case may be. 22
‘‘(B) E
LEMENTS.—A notification required 23
by subparagraph (A) shall include the following: 24
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS 4
•S 3339 IS
‘‘(i) With respect to a waiver issued to 1
a covered individual— 2
‘‘(I) the details of the applica-3
tion, including the position held by the 4
individual in the armed forces; 5
‘‘(II) the nature of the post-serv-6
ice position of the individual; 7
‘‘(III) a description of the na-8
tional security interests that will be 9
advanced by reason of issuing such a 10
waiver; and 11
‘‘(IV) the specific reasons why 12
the Secretary determines that issuing 13
the waiver will advance such interests. 14
‘‘(ii) With respect to a revocation of a 15
waiver issued to a covered individual— 16
‘‘(I) the details of the waiver, in-17
cluding any renewals of the waiver, 18
and the dates of such waiver and re-19
newals; and 20
‘‘(II) the specific reasons why the 21
Secretary determined that the revoca-22
tion is warranted. 23
‘‘(c) C
ERTIFICATION OF PROHIBITION.—In imple-24
menting the prohibition under subsection (a), the Sec-25
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS 5
•S 3339 IS
retary shall establish a process under which each member 1
of the armed forces is, before the member retires or is 2
otherwise separated from the armed forces— 3
‘‘(1) informed in writing of the prohibition, and 4
the penalties for violations of the prohibition; and 5
‘‘(2) is required to certify that the member un-6
derstands the prohibition and those penalties. 7
‘‘(d) P
ENALTIES.—In the case of a covered individual 8
who knowingly and willfully fails to comply with the prohi-9
bition under subsection (a), the Secretary shall, as applica-10
ble— 11
‘‘(1) withhold any pay, allowances, or benefits 12
that would otherwise be provided to the individual by 13
the Department of Defense; and 14
‘‘(2) revoke any security clearance of the indi-15
vidual. 16
‘‘(e) A
NNUALREPORTS.— 17
‘‘(1) R
EQUIREMENT.—Not later than March 18
31, 2024, and annually thereafter, the Secretary 19
shall submit to the congressional defense committees 20
a report on covered post-service employment occur-21
ring during the year covered by the report. 22
‘‘(2) E
LEMENTS.—Each report required by 23
paragraph (1) shall include the following: 24
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS 6
•S 3339 IS
‘‘(A) The number of former covered indi-1
viduals who occupy a covered post-service posi-2
tion, broken down by— 3
‘‘(i) the name of the employer; 4
‘‘(ii) the foreign government, includ-5
ing by the specific foreign individual, agen-6
cy, or entity, for whom the covered post- 7
service employment is being performed; 8
and 9
‘‘(iii) the nature of the services pro-10
vided as part of the covered post-service 11
employment. 12
‘‘(B) An assessment by the Secretary of 13
whether— 14
‘‘(i) the Department of Defense main-15
tains adequate systems and processes for 16
ensuring that former members of the 17
armed forces are submitting required re-18
ports relating to their employment by for-19
eign governments; 20
‘‘(ii) all covered individuals who oc-21
cupy a covered post-service position are in 22
compliance with this section; 23
‘‘(iii) the services provided by the cov-24
ered individuals who occupy a covered 25
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS 7
•S 3339 IS
post-service position pose a current or fu-1
ture threat to the national security of the 2
United States; and 3
‘‘(iv) there is any credible information 4
or reporting that any covered individual 5
who occupies a covered post-service posi-6
tion has engaged in activities that violate 7
Federal law. 8
‘‘(3) F
ORM OF REPORT.—Each report required 9
by paragraph (1) shall be submitted in unclassified 10
form, but may include a classified annex. 11
‘‘(f) N
OTIFICATIONS OFDETERMINATIONS OF CER-12
TAINTHREATS.— 13
‘‘(1) R
EQUIREMENT.—In addition to the annual 14
reports under subsection (d), if the Secretary deter-15
mines that the services provided by a covered indi-16
vidual who occupies a covered post-service position 17
pose a threat described in clause (iii) of paragraph 18
(2)(B) of that subsection, or include activities de-19
scribed in clause (iv) of such paragraph, the Sec-20
retary shall notify the congressional defense commit-21
tees of that determination by not later than 30 days 22
after making the determination. 23
‘‘(2) E
LEMENTS.—A notification required by 24
paragraph (1) shall include the following: 25
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS 8
•S 3339 IS
‘‘(A) The name of the covered individual. 1
‘‘(B) The name of the employer. 2
‘‘(C) The foreign government, including 3
the specific foreign individual, agency, or entity, 4
for whom the covered post-service employment 5
is being performed. 6
‘‘(D) As applicable, a description of the 7
risk to national security and the activities that 8
may violate Federal law. 9
‘‘(g) R
ULE OFCONSTRUCTION.—Nothing in this sec-10
tion may be construed to indemnify or shield covered indi-11
viduals from prosecution under any relevant provision of 12
title 18. 13
‘‘(h) D
EFINITIONS.—In this section: 14
‘‘(1) C
OVERED INDIVIDUAL .—The term ‘cov-15
ered individual’ means an individual who has retired 16
or otherwise separated from an active or reserve 17
component of the armed forces. 18
‘‘(2) C
OVERED POST-SERVICE EMPLOYMENT .— 19
The term ‘covered post-service employment’ means 20
direct or indirect employment by, representation of, 21
or any provision of advice or services relating to na-22
tional security, intelligence, the military, or internal 23
security to— 24
‘‘(A) the government of— 25
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS 9
•S 3339 IS
‘‘(i) a country of concern (as defined 1
in section 1(m) of the State Department 2
Basic Authorities Act of 1956 (22 U.S.C. 3
2651a(m))); or 4
‘‘(ii) a country the Secretary of De-5
fense determines acts as a proxy or pass-6
through for services for a country of con-7
cern; or 8
‘‘(B) any company, entity, or other person 9
the activities of which are directly or indirectly 10
supervised, directed, controlled, financed, or 11
subsidized, in whole or in major part, by a gov-12
ernment described in subparagraph (A). 13
‘‘(3) C
OVERED POST-SERVICE POSITION.—The 14
term ‘covered post-service position’ means a position 15
of employment described in paragraph (2).’’. 16
(b) C
LERICALAMENDMENT.—The table of sections 17
at the beginning of chapter 49 of such title is amended 18
by adding at the end the following new item: 19
‘‘989. Prohibition on former members of the armed forces accepting post-service
employment with certain foreign governments.’’.
(c) CONFORMINGAMENDMENT.—Section 908 of title 20
37, United States Code, is amended by adding at the end 21
the following new subsection: 22
‘‘(f) P
ROHIBITION ONFORMERMEMBERS OFARMED 23
F
ORCESACCEPTINGEMPLOYMENTWITHCERTAINFOR-24
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS 10
•S 3339 IS
EIGNGOVERNMENTS.—For a provision of law prohibiting 1
former members of the armed forces from accepting post- 2
service employment with certain foreign governments, see 3
section 989 of title 10.’’. 4
Æ
VerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S3339.IS S3339
dmwilson on DSKJM0X7X2PROD with BILLS