I 

118TH CONGRESS 

2D SESSION H. R. 9364 

To amend title 37, United States Code, to strengthen and expand restrictions 

on retired members and members of reserve components of the uniformed 

services accepting employment and compensation from foreign governments, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 16, 2024 

Mr. CROW (for himself, Mr. LUTTRELL, Ms. DELBENE, and Mr. ELLZEY) introduced the following bill; which was referred to the Committee on 

Armed Services 

A BILL 

To amend title 37, United States Code, to strengthen and 

expand restrictions on retired members and members 

of reserve components of the uniformed services accepting employment and compensation from foreign governments, 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 ‘‘Retired Officers Conflict of Interest Act of 2024’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Approval process for employment and compensation. 

Sec. 3. Prohibition on members of the Armed Forces negotiating employment 

with foreign governments while on active duty. 

Sec. 4. 30-month prohibition on retired members of the Armed Forces eligible 

for access to classified information seeking approval for employment by foreign governments. 

Sec. 5. Notification of obligations. 

Sec. 6. Post-retirement employment reporting. 

Sec. 7. Penalties. 

Sec. 8. Guidance. 

Sec. 9. Public reporting. 

Sec. 10. Database of employment approvals. 

Sec. 11. Definitions. 

Sec. 12. Comptroller General of the United States review. 

Sec. 13. Effective date; applicability. 

1 SEC. 2. APPROVAL PROCESS FOR EMPLOYMENT AND COM2 PENSATION. 

3 Section 908 of title 37, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) by redesignating paragraphs (1), (2), 

7 and (3) as subparagraphs (A), (B), and (C), re8 spectively, and by moving such subparagraphs, 

9 as so redesignated, 2 ems to the right; 

10 (B) by striking ‘‘Subject to’’ and inserting 

11 the following: 

12 ‘‘(1) IN GENERAL.—Subject to’’; 

13 (C) in subparagraph (C), as redesignated, 

14 by striking ‘‘Commissioned Reserve Corps’’ and 

15 inserting ‘‘Ready Reserve Corps’’; and 

16 (D) by adding at the end the following new 

17 paragraph: 


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1 ‘‘(2) APPLICATION TO PRIVATE ENTITIES.—The 

2 acceptance by a person described in paragraph (1) 

3 of employment (and compensation related to that 

4 employment) or payments or awards indirectly from 

5 a foreign government through a private entity shall 

6 be subject to the provisions of this section to the 

7 same extent and in the same manner as such provi8 sions apply to employment (and compensation re9 lated to that employment) and payments and awards 

10 described in paragraph (1).’’; 

11 (2) in subsection (b)— 

12 (A) by inserting ‘‘(1)’’ before ‘‘A person’’; 

13 and 

14 (B) by adding at the end the following new 

15 paragraph: 

16 ‘‘(2) Before approving under paragraph (1) the em17 ployment of a person described in subsection (a), the Sec18 retary concerned and the Secretary of State shall— 

19 ‘‘(A) review the offer of employment, including 

20 the full text of the contract or other agreement and 

21 any annexes or statements of work; and 

22 ‘‘(B) determine that the employment will not 

23 harm the national security of the United States, in24 cluding with respect to complying with requirements 

25 under the International Traffic in Arms Regulations 


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1 under subchapter M of chapter I of title 22, Code 

2 of Federal Regulations.’’; 

3 (3) by redesignating subsections (d) and (e) as 

4 subsections (k) and (m), respectively; and 

5 (4) by inserting after subsection (c) the fol6 lowing new subsection (d): 

7 ‘‘(d) TERMS OF APPROVAL.—An approval provided to 

8 a person described in subsection (a) for employment or 

9 compensation under subsection (b) or for a payment or 

10 award under subsection (c) shall cease to be effective if 

11 the person— 

12 ‘‘(1) fails to notify the Secretary concerned in 

13 writing of any material change in the nature of the 

14 employment or payment or award not later than 30 

15 days after the change is made; or 

16 ‘‘(2) provides inaccurate or incomplete informa17 tion in a written notification submitted under para18 graph (1).’’. 

19 SEC. 3. PROHIBITION ON MEMBERS OF THE ARMED 

20 FORCES NEGOTIATING EMPLOYMENT WITH 

21 FOREIGN GOVERNMENTS WHILE ON ACTIVE 

22 DUTY. 

23 Section 908 of title 37, United States Code, as 

24 amended by section 2, is further amended by inserting 

25 after subsection (d) the following new subsection: 


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1 ‘‘(e) PROHIBITION ON NEGOTIATION OF EMPLOY2 MENT BY FOREIGN GOVERNMENTS WHILE ON ACTIVE

3 DUTY.—A member of the armed forces is prohibited from 

4 negotiating or having in effect an agreement for future 

5 employment or compensation, or payment or award, de6 scribed in subsection (a) while serving on active duty.’’. 

7 SEC. 4. 30-MONTH PROHIBITION ON RETIRED MEMBERS OF 

8 THE ARMED FORCES ELIGIBLE FOR ACCESS 

9 TO CLASSIFIED INFORMATION SEEKING AP10 PROVAL FOR EMPLOYMENT BY FOREIGN 

11 GOVERNMENTS. 

12 Section 908 of title 37, United States Code, as 

13 amended by section 3, is further amended by inserting 

14 after subsection (e) the following new subsection: 

15 ‘‘(f) PROHIBITION FOR RETIRED MEMBERS OF

16 ARMED FORCES ELIGIBLE FOR ACCESS TO CLASSIFIED

17 INFORMATION.— 

18 ‘‘(1) IN GENERAL.—Except as provided by 

19 paragraph (2), a retired member of the armed forces 

20 who is eligible for access to classified information is 

21 prohibited from seeking approval under subsection 

22 (b) for employment or compensation described in 

23 subsection (a) during the 30-month period beginning 

24 on the date on which the person retires from the 

25 armed forces. 


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1 ‘‘(2) EXCEPTION FOR ALLIED GOVERN2 MENTS.—A person described in paragraph (1) may 

3 accept employment or compensation from the gov4 ernment of the United Kingdom, Canada, Australia, 

5 or New Zealand if the Secretary concerned and Sec6 retary of State approve the employment as provided 

7 by subsection (b).’’. 

8 SEC. 5. NOTIFICATION OF OBLIGATIONS. 

9 Section 908 of title 37, United States Code, as 

10 amended by section 4, is further amended by inserting 

11 after subsection (f) the following new subsection: 

12 ‘‘(g) NOTIFICATION OF OBLIGATIONS.—The Sec13 retary concerned shall ensure that each person described 

14 in subsection (a)— 

15 ‘‘(1) is notified of the obligations of the person 

16 under this section; and 

17 ‘‘(2) certifies to the Secretary that the person 

18 understands such obligations.’’. 

19 SEC. 6. POST-RETIREMENT EMPLOYMENT REPORTING. 

20 Section 908 of title 37, United States Code, as 

21 amended by section 5, is further amended by inserting 

22 after subsection (g) the following new subsection: 

23 ‘‘(h) POST-RETIREMENT EMPLOYMENT REPORT24 ING.— 


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1 ‘‘(1) IN GENERAL.—During the 5-year period 

2 beginning on the date on which a member of the 

3 armed forces retires, that member shall— 

4 ‘‘(A) report employment described in sub5 section (a) to the Secretary concerned upon ac6 cepting such employment; and 

7 ‘‘(B) annually (or more frequently if the 

8 Secretary concerned considers it appropriate) 

9 report such employment to the Secretary con10 cerned. 

11 ‘‘(2) REGULATIONS.—The Under Secretary of 

12 Defense for Personnel and Readiness, in consulta13 tion with the Department of Defense Standards of 

14 Conduct Office and the Secretaries of the military 

15 departments, shall issue regulations requiring, as a 

16 condition of service, each member of the armed 

17 forces to sign a written agreement requiring the reg18 ular reporting of employment described in subsection 

19 (a) to the Secretary concerned under paragraph 

20 (1).’’. 

21 SEC. 7. PENALTIES. 

22 Section 908 of title 37, United States Code, as 

23 amended by section 6, is further amended by inserting 

24 after subsection (h) the following new subsection: 

25 ‘‘(i) CIVIL PENALTIES.— 


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1 ‘‘(1) IN GENERAL.—A person who violates sub2 section (b), (c), (e), (f), or (h) shall be liable to the 

3 United States for a civil penalty in an amount that 

4 is not more than the greater of— 

5 ‘‘(A) $100,000; or 

6 ‘‘(B) the amount of compensation that the 

7 person received or was offered for the conduct 

8 in violation of subsection (b), (c), (e), or (f), or 

9 the employment described in subsection (h), as 

10 the case may be. 

11 ‘‘(2) ADDITIONAL PENALTIES.—In addition to 

12 the penalty provided for under paragraph (1), a per13 son who violates subsection (b), (c), (e), or (f) shall, 

14 for a period of not longer than five years— 

15 ‘‘(A) be prohibited from accepting employ16 ment or compensation or a payment or award 

17 from any foreign government; 

18 ‘‘(B) be prohibited from— 

19 ‘‘(i) accepting employment with the 

20 Federal Government; 

21 ‘‘(ii) providing services under a con22 tract awarded by the Federal Government; 

23 or 


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1 ‘‘(iii) serving on a Federal advisory 

2 committee or in any other advisory capac3 ity to the Federal Government; and 

4 ‘‘(C) not be eligible for access to classified 

5 information. 

6 ‘‘(3) APPEAL.— 

7 ‘‘(A) IN GENERAL.—A person assessed a 

8 penalty under paragraph (1) for a violation of 

9 subsection (b), (c), (e), (f), or (h) may appeal 

10 the penalty to the President. 

11 ‘‘(B) DETERMINATIONS ON APPEAL.—A 

12 determination by the President to rescind or 

13 waive part or all of a penalty for a violation of 

14 subsection (b), (c), (e), (f), or (h) shall be made 

15 in writing, submitted to Congress, and made 

16 publicly available by the President through pub17 lication in the Federal Register. 

18 ‘‘(4) SAVINGS PROVISION.—The imposition of a 

19 penalty under this subsection does not preclude the 

20 application of any other criminal or civil statutory, 

21 common law, or administrative remedy that is avail22 able by law to the United States or any other per23 son.’’. 


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1 SEC. 8. GUIDANCE. 

2 Section 908 of title 37, United States Code, as 

3 amended by section 7, is further amended by inserting 

4 after subsection (i) the following new subsection: 

5 ‘‘(j) GUIDANCE.—Not later than 120 days after the 

6 enactment of the Retired Officers Conflict of Interest Act 

7 of 2024, the Secretary of Defense and the Secretary of 

8 State shall issue and make available to the public guidance 

9 with respect to complying with this section.’’. 

10 SEC. 9. PUBLIC REPORTING. 

11 Subsection (k) of section 908 of title 37, United 

12 States Code, as redesignated by section 2(2), is further 

13 amended— 

14 (1) in paragraph (2), by adding at the end the 

15 following new subparagraph: 

16 ‘‘(D) The value of any travel, meals, lodging, or 

17 registration fees provided by the foreign government 

18 in connection with the employment or compensation 

19 or payment or award.’’; and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3) Each report required by paragraph (1), and all 

23 of the contents of the report, without redaction, shall be 

24 made available by the Secretary of Defense on a publicly 

25 accessible internet website not later than 60 days after 

26 the report is submitted under paragraph (1).’’. 


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1 SEC. 10. DATABASE OF EMPLOYMENT APPROVALS. 

2 Section 908 of title 37, United States Code, is 

3 amended by inserting after subsection (k), as redesignated 

4 by section 2(2), the following new subsection: 

5 ‘‘(l) DATABASE OF EMPLOYMENT APPROVALS.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 

7 after the date of the enactment of the Retired Offi8 cers Conflict of Interest Act of 2024, the Secretary 

9 of Defense shall establish and maintain an online 

10 portal accessible by the public that allows a member 

11 of the public, at no cost to the member, to search, 

12 sort, and download information on approvals of em13 ployment provided under subsection (b). 

14 ‘‘(2) ELEMENTS.—The portal required by para15 graph (1) shall be designed to provide a member of 

16 the public with the ability to retrieve information on 

17 an approval of employment provided under sub18 section (b) to a person described in subsection (a) 

19 through searches based on each, and any combina20 tion, of the following: 

21 ‘‘(A) The name of the person. 

22 ‘‘(B) The armed force of the person. 

23 ‘‘(C) The position the person held or holds 

24 in the armed forces, including rank, and in any 

25 other former employing Federal office. 

26 ‘‘(D) The foreign government involved. 


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1 ‘‘(E) The amount of compensation ex2 pected or provided for the employment. 

3 ‘‘(F) The details of the person’s applica4 tion for approval of the employment. 

5 ‘‘(G) In the case of a retired member of 

6 the armed forces, the nature of the activities of 

7 the member since retirement. 

8 ‘‘(H) Other information relating to the em9 ployment. 

10 ‘‘(I) Except as provided by paragraph (3), 

11 any other information the Director considers 

12 relevant. 

13 ‘‘(3) INFORMATION PROHIBITED FROM DISCLO14 SURE.—The portal required by paragraph (1) may 

15 not include an individual’s date of birth, social secu16 rity number, home address, phone number, or any 

17 other personal identifier other than those specifically 

18 required to be included under paragraph (2). 

19 ‘‘(4) AVAILABILITY OF INFORMATION.—The Di20 rector shall design the portal required by paragraph 

21 (1) so that the contents of the portal may be 

22 downloaded in bulk and retrieved by an application 

23 programming interface. 

24 ‘‘(5) DURATION OF RETENTION OF INFORMA25 TION.—The portal required by paragraph (1) shall 


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1 retain information with respect to an approval of 

2 employment provided under subsection (b) for not 

3 less than 10 years after the expiration or other ter4 mination of the approval. 

5 ‘‘(6) UPDATES REQUIRED.—The portal required 

6 by paragraph (1) and the application programming 

7 interface referred to in paragraph (4) shall be en8 hanced and updated as necessary to carry out the 

9 purposes of this section.’’. 

10 SEC. 11. DEFINITIONS. 

11 Section 908 of title 37, United States Code, is 

12 amended by inserting after subsection (m), as redesig13 nated by section 2(2), the following new subsection: 

14 ‘‘(n) DEFINITIONS.—In this section: 

15 ‘‘(1) CLASSIFIED INFORMATION.—The term 

16 ‘classified information’ means any information or 

17 material that has been determined by the United 

18 States Government pursuant to an Executive order, 

19 statute, or regulation, to require protection against 

20 unauthorized disclosure for reasons of national secu21 rity. 

22 ‘‘(2) ELIGIBLE FOR ACCESS TO CLASSIFIED IN23 FORMATION.—The term ‘eligible for access to classi24 fied information’ has the meaning given that term in 

25 the procedures established pursuant to section 


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1 801(a) of the National Security Act of 1947 (50 

2 U.S.C. 3161). 

3 ‘‘(3) FOREIGN GOVERNMENT.—The term ‘for4 eign government’ has the meaning given that term 

5 in section 7342(a)(2) of title 5.’’. 

6 SEC. 12. COMPTROLLER GENERAL OF THE UNITED STATES 

7 REVIEW. 

8 (a) REPORT REQUIRED.—Not later than 2 years 

9 after the date of the enactment of this Act, the Comp10 troller General of the United States shall submit to the 

11 Committees on Armed Services of the Senate and the 

12 House of Representatives a report on the employment by 

13 foreign governments of former officers of the Armed 

14 Forces covered by section 908 of title 37, United States 

15 Code. 

16 (b) ELEMENTS.—The report required by subsection 

17 (a) shall include an assessment of— 

18 (1) the processes in place at the Department of 

19 State and the Department of Defense— 

20 (A) to identify— 

21 (i) the extent to which former officers 

22 described in subsection (a) were provided 

23 compensation directly or indirectly by for24 eign governments during the 5-year period 

25 preceding submission of the report; and 


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1 (ii) the extent to which such former 

2 officers who receive compensation from for3 eign governments work on contracts or 

4 programs of the Department of Defense, 

5 the Department of State, or the Depart6 ment of Health and Human Services— 

7 (I) for which such former offi8 cials personally had program oversight 

9 responsibility or decision-making au10 thority when they served in the Armed 

11 Forces; or 

12 (II) that are the responsibility of 

13 the agency, office, or command in 

14 which such former officers served; and 

15 (B) to review and approve employment by 

16 foreign governments of such former officers in 

17 accordance with section 908 of title 37, United 

18 States Code, as amended by this Act; and 

19 (2) what is known about the effectiveness of ex20 isting statutes and regulations governing the em21 ployment of former officers of the Armed Forces, in22 cluding— 

23 (A) section 207 of title 18, United States 

24 Code; 


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1 (B) section 908 of title 37, United States 

2 Code, as in effect on the day before the date of 

3 the enactment of this Act; and 

4 (C) the Foreign Agents Registration Act of 

5 1938, as amended (22 U.S.C. 611 et seq.). 

6 (c) ACCESS TO INFORMATION.—In accordance with 

7 the contract clause required pursuant to section 3841(d) 

8 of title 10, United States Code, and section 4706(d) of 

9 title 41, United States Code, contractors shall provide the 

10 Comptroller General with access to information requested 

11 by the Comptroller General for the purpose of preparing 

12 the report required by subsection (a). 

13 SEC. 13. EFFECTIVE DATE; APPLICABILITY. 

14 The amendments made by this Act— 

15 (1) take effect on the date of the enactment of 

16 this Act; and 

17 (2) apply with respect to— 

18 (A) offers of employment or compensation 

19 described in subsection (a) of section 908 of 

20 title 37, United States Code, as amended by 

21 this Act, made on or after the date that is 120 

22 days after such date of enactment; 

23 (B) the provision of any payment, item, or 

24 award described in that subsection on or after 

25 that date; 


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1 (C) negotiations for employment described 

2 in subsection (e) of that section on or after that 

3 date; and 

4 (D) agreements described in that sub5 section in effect on or after that date. 

Æ 


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