At Hearing, Warren Calls for Closing Loopholes In Revolving Door Between US Military and Foreign Governments
Existing Loopholes Allow Foreign Government to Target and Exploit Service Members, Jeopardizing National Security
“We need to strengthen our rules so that active duty personnel aren’t selling their services to foreign governments while still in uniform.”
Washington, D.C. – At a hearing of the Senate Armed Services Committee, U.S. Senator Elizabeth Warren (D-Mass.) called for closing loopholes in the revolving door between the military and foreign governments, including policies that allow active duty service members to begin negotiating employment with foreign governments before they leave the military. Senator Warren also raised concerns that service members are being hired by private entities and may not know they are signing up to work for a foreign government, and that rules are less clear in these instances.
In response to Senator Warren’s questions, General David Allvin, Chief of Staff of the Air Force, agreed that there is a national security risk when military personnel work for foreign governments and that allowing active duty airmen to negotiate work on behalf of another government while in active duty service could pose a risk. General Allvin confirmed that the United States is in a better position to protect classified information and national security when it has knowledge if a retired officer is working for a contractor that works for a foreign government.
In June 2023, Senators Warren and Chuck Grassley (R-Iowa) introduced the Retired Officers Conflict of Interest Act to expand public reporting on retired service members working on behalf of foreign governments and create civil penalties if they break the law. Last year’s National Defense Authorization Act (NDAA) included several of the bill’s reforms, including moving approval of officers working for foreign governments to a political appointee confirmed by the Senate who is an Assistant Secretary or higher and requiring them to determine that employment does not run contrary to the national interests of the United States. The NDAA also required additional information about compensation and the former position held by that officer in a public annual report.
Transcript: To Receive Testimony on the Posture of the Department of the Air Force in Review of the Defense Authorization Request for Fiscal Year 2025 and the Future Years
U.S. Senate Committee on Armed Services
Tuesday, April 16, 2024
Senator Elizabeth Warren: Thank you, Mr. Chairman. Our military is the best and the strongest in the world, so it's no surprise that foreign governments have been recruiting both active duty and retired officers. The Washington Post found that hundreds of foreign governments have hired hundreds of retired officers, from Saudi Arabia, to Libya, to the United Arab Emirates.
General Allvin, is there a national security risk when our trained military personnel work for foreign governments?
General David W. Allvin, USAF, Chief of Staff of the Air Force: Senator, there certainly is.
Senator Warren: So retired officers working for foreign governments could endanger our military competitiveness. That's why we require retired officers who want to work for foreign governments to receive approval from their military service and from the Secretary of State.
Now, we tightened up that process last year in the National Defense Authorization Act. But there are still some loopholes in this space. For example, active duty service members are allowed to start negotiating employment with foreign governments before they leave the military.
General Allvin, could allowing active duty airmen to negotiate work on behalf of another government, while still wearing their US uniform, pose risks to our national security?
General Allvin: Well Senator, while they're still in uniform, they are still subject to the policies, the restrictions, and the UCMJ.
Senator Warren: I understand that, but they are also permitted to negotiate with foreign governments for their future employment. And what I'm asking is, does that potentially pose a conflict of interest that threatens our security, at least potentially?
General Allvin: I would say potentially it could, yes.
Senator Warren: Alright, I agree. You know, we need to strengthen our rules so that active duty personnel aren't selling their services to foreign governments while they're still in uniform.
There's another loophole that we need to close. Last year, the Air Force issued a memo raising concerns about China's recruitment of both current and recently retired Air Force personnel, like pilots, maintainers, and other technical experts that have a lot of insight into US air tactics.
Now, in many cases, these individuals are hired by private entities, and actually may not know that they are signing up to work for a foreign government. And our laws requiring retired personnel to get approval before working for a foreign government are much less clear if the officers are hired by a private company that's doing work for that foreign government.
General Allvin, from your perspective, are we in a better position to protect classified information and US national security when we know if a retired officer is working for a contractor that works for a foreign government?
General Allvin: Senator, we are and I think as you know, my predecessor, now Chairman Brown, put out that note really to raise awareness and also to serve as a deterrent. Both of those, both of those I think are having a good effect. Our AFOSI is getting good reports back. But it's not only about educating those within the force, but also the mandatory, now as you transition out, also, we're making sure we do that as well.
Senator Warren: And I appreciate that and treat this as awareness is raised on this. These arrangements can pose serious conflicts of interest. And in fact, the Air Force rejected two retired generals’ requests to work for an Azerbaijani cargo carrier because it would raise concerns about potential conflicts given previous contracts the Air Force had awarded to the airline.
So last year, I secured a provision in the Senate version of the National Defense Authorization Act to require work on behalf of foreign governments, even indirectly through a private company, to be approved by the US government.
I think it is foolish not to use our national security expertise to help retired service members identify if their potential employer is asking them, potentially, to break the law here. So I look forward to working with my colleagues and the Air Force to close any additional loopholes that allow foreign governments to target and exploit our service members.
Thank you all and thank you, in particular General Allvin, for your work in this area.
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