II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Defending Against Ad3 versary Recruitment Efforts Act’’ or the ‘‘DAARE Act’’. 

4 SEC. 2. PROHIBITION ON FORMER MEMBERS OF THE 

5 ARMED FORCES ACCEPTING POST-SERVICE 

6 EMPLOYMENT WITH CERTAIN FOREIGN GOV7 ERNMENTS. 

8 (a) IN GENERAL.—Chapter 49 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 989. Prohibition on former members of the armed 

12 forces accepting post-service employment 

13 with certain foreign governments 

14 ‘‘(a) IN GENERAL.—Except as provided by subsection 

15 (b), a covered individual may not occupy a covered post16 service position. 

17 ‘‘(b) TEMPORARY WAIVER.— 

18 ‘‘(1) IN GENERAL.—The Secretary of Defense 

19 shall establish a process under which a covered indi20 vidual may be granted a temporary waiver of the 

21 prohibition under subsection (a) if— 

22 ‘‘(A) the individual, or a Federal agency on 

23 behalf of, and with the consent of, the indi24 vidual, submits to the Secretary a written appli25 cation for a waiver in such form and manner as 

26 the Secretary determines appropriate; and 


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1 ‘‘(B) the Secretary determines that the 

2 waiver is necessary to advance the national se3 curity interests of the United States. 

4 ‘‘(2) PERIOD OF WAIVER.—A waiver issued 

5 under paragraph (1) shall apply for a period not ex6 ceeding 5 years. The Secretary may renew such a 

7 waiver. 

8 ‘‘(3) REVOCATION.—The Secretary may revoke 

9 a waiver issued under paragraph (1) to a covered in10 dividual with respect to a covered-post service posi11 tion if the Secretary determines that the employ12 ment of the individual in the covered-post service po13 sition poses a threat to national security. 

14 ‘‘(4) NOTIFICATION.— 

15 ‘‘(A) IN GENERAL.—Not later than 30 

16 days after the date on which the Secretary 

17 issues a waiver under paragraph (1) or revokes 

18 a waiver under paragraph (3), the Secretary 

19 shall submit to the Committees on Armed Serv20 ices of the Senate and the House of Represent21 atives written notification of the waiver or rev22 ocation, as the case may be. 

23 ‘‘(B) ELEMENTS.—A notification required 

24 by subparagraph (A) shall include the following: 


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1 ‘‘(i) With respect to a waiver issued to 

2 a covered individual— 

3 ‘‘(I) the details of the applica4 tion, including the position held by the 

5 individual in the armed forces; 

6 ‘‘(II) the nature of the post-serv7 ice position of the individual; 

8 ‘‘(III) a description of the na9 tional security interests that will be 

10 advanced by reason of issuing such a 

11 waiver; and 

12 ‘‘(IV) the specific reasons why 

13 the Secretary determines that issuing 

14 the waiver will advance such interests. 

15 ‘‘(ii) With respect to a revocation of a 

16 waiver issued to a covered individual— 

17 ‘‘(I) the details of the waiver, in18 cluding any renewals of the waiver, 

19 and the dates of such waiver and re20 newals; and 

21 ‘‘(II) the specific reasons why the 

22 Secretary determined that the revoca23 tion is warranted. 

24 ‘‘(c) CERTIFICATION OF PROHIBITION.—In imple25 menting the prohibition under subsection (a), the SecVerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339

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1 retary shall establish a process under which each member 

2 of the armed forces is, before the member retires or is 

3 otherwise separated from the armed forces— 

4 ‘‘(1) informed in writing of the prohibition, and 

5 the penalties for violations of the prohibition; and 

6 ‘‘(2) is required to certify that the member un7 derstands the prohibition and those penalties. 

8 ‘‘(d) PENALTIES.—In the case of a covered individual 

9 who knowingly and willfully fails to comply with the prohi10 bition under subsection (a), the Secretary shall, as applica11 ble— 

12 ‘‘(1) withhold any pay, allowances, or benefits 

13 that would otherwise be provided to the individual by 

14 the Department of Defense; and 

15 ‘‘(2) revoke any security clearance of the indi16 vidual. 

17 ‘‘(e) ANNUAL REPORTS.— 

18 ‘‘(1) REQUIREMENT.—Not later than March 

19 31, 2024, and annually thereafter, the Secretary 

20 shall submit to the congressional defense committees 

21 a report on covered post-service employment occur22 ring during the year covered by the report. 

23 ‘‘(2) ELEMENTS.—Each report required by 

24 paragraph (1) shall include the following: 


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1 ‘‘(A) The number of former covered indi2 viduals who occupy a covered post-service posi3 tion, broken down by— 

4 ‘‘(i) the name of the employer; 

5 ‘‘(ii) the foreign government, includ6 ing by the specific foreign individual, agen7 cy, or entity, for whom the covered post8 service employment is being performed; 

9 and 

10 ‘‘(iii) the nature of the services pro11 vided as part of the covered post-service 

12 employment. 

13 ‘‘(B) An assessment by the Secretary of 

14 whether— 

15 ‘‘(i) the Department of Defense main16 tains adequate systems and processes for 

17 ensuring that former members of the 

18 armed forces are submitting required re19 ports relating to their employment by for20 eign governments; 

21 ‘‘(ii) all covered individuals who oc22 cupy a covered post-service position are in 

23 compliance with this section; 

24 ‘‘(iii) the services provided by the cov25 ered individuals who occupy a covered 


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1 post-service position pose a current or fu2 ture threat to the national security of the 

3 United States; and 

4 ‘‘(iv) there is any credible information 

5 or reporting that any covered individual 

6 who occupies a covered post-service posi7 tion has engaged in activities that violate 

8 Federal law. 

9 ‘‘(3) FORM OF REPORT.—Each report required 

10 by paragraph (1) shall be submitted in unclassified 

11 form, but may include a classified annex. 

12 ‘‘(f) NOTIFICATIONS OF DETERMINATIONS OF CER13 TAIN THREATS.— 

14 ‘‘(1) REQUIREMENT.—In addition to the annual 

15 reports under subsection (d), if the Secretary deter16 mines that the services provided by a covered indi17 vidual who occupies a covered post-service position 

18 pose a threat described in clause (iii) of paragraph 

19 (2)(B) of that subsection, or include activities de20 scribed in clause (iv) of such paragraph, the Sec21 retary shall notify the congressional defense commit22 tees of that determination by not later than 30 days 

23 after making the determination. 

24 ‘‘(2) ELEMENTS.—A notification required by 

25 paragraph (1) shall include the following: 


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1 ‘‘(A) The name of the covered individual. 

2 ‘‘(B) The name of the employer. 

3 ‘‘(C) The foreign government, including 

4 the specific foreign individual, agency, or entity, 

5 for whom the covered post-service employment 

6 is being performed. 

7 ‘‘(D) As applicable, a description of the 

8 risk to national security and the activities that 

9 may violate Federal law. 

10 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec11 tion may be construed to indemnify or shield covered indi12 viduals from prosecution under any relevant provision of 

13 title 18. 

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

15 ‘‘(1) COVERED INDIVIDUAL.—The term ‘cov16 ered individual’ means an individual who has retired 

17 or otherwise separated from an active or reserve 

18 component of the armed forces. 

19 ‘‘(2) COVERED POST-SERVICE EMPLOYMENT.— 

20 The term ‘covered post-service employment’ means 

21 direct or indirect employment by, representation of, 

22 or any provision of advice or services relating to na23 tional security, intelligence, the military, or internal 

24 security to— 

25 ‘‘(A) the government of— 


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1 ‘‘(i) a country of concern (as defined 

2 in section 1(m) of the State Department 

3 Basic Authorities Act of 1956 (22 U.S.C. 

4 2651a(m))); or 

5 ‘‘(ii) a country the Secretary of De6 fense determines acts as a proxy or pass7 through for services for a country of con8 cern; or 

9 ‘‘(B) any company, entity, or other person 

10 the activities of which are directly or indirectly 

11 supervised, directed, controlled, financed, or 

12 subsidized, in whole or in major part, by a gov13 ernment described in subparagraph (A). 

14 ‘‘(3) COVERED POST-SERVICE POSITION.—The 

15 term ‘covered post-service position’ means a position 

16 of employment described in paragraph (2).’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 49 of such title is amended 

19 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.’’. 

20 (c) CONFORMING AMENDMENT.—Section 908 of title 

21 37, United States Code, is amended by adding at the end 

22 the following new subsection: 

23 ‘‘(f) PROHIBITION ON FORMER MEMBERS OF ARMED

24 FORCES ACCEPTING EMPLOYMENT WITH CERTAIN FORVerDate Sep 11 2014 00:20 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3339.IS S3339

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1 EIGN GOVERNMENTS.—For a provision of law prohibiting 

2 former members of the armed forces from accepting post3 service employment with certain foreign governments, see 

4 section 989 of title 10.’’. 

Æ 


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