June 20, 2023

Warren, Grassley Introduce New Bipartisan Bill Cracking Down on Retired Military Officers Working for Foreign Governments

Retired Officers Conflict of Interest Act Would Require Public Reporting on Retired Service Members Working on Behalf of Foreign Governments and Create Penalties if they Violate Law

Representatives Crow, DelBene Will Introduce Legislation in House of Representatives 

One-Pager (PDF) | Text of Bill (PDF)

Washington, D.C. – United States Senators Elizabeth Warren (D-Mass.), Chair of the Senate Armed Services Committee Subcommittee on Personnel, and Chuck Grassley (R-Iowa), and United States Representatives Jason Crow (D-Colo.) and Suzan DelBene (D-Wash.) introduced the Retired Officers Conflict of Interest Act – a bill that would require public reporting on retired service members working on behalf of foreign governments and creates civil penalties if they break the law. 

The Emoluments Clause of the Constitution, one of our country’s founding anti-corruption provisions, requires retired military officers to receive congressional approval before accepting compensation from any foreign government. In order to receive approval each retired military officer must receive permission from their military service secretary and the Secretary of State.

But recent investigations revealed the State Department and military services approved hundreds of officers working for foreign governments. About 95 percent of applications were granted, indicating requests “are largely rubber-stamped.” Anyone who works for a foreign government without seeking permission risks losing retirement pay, but the Defense Finance and Accounting Service only exercised this punishment for fewer than five people.

“The Department of Defense is letting too many retired military officers trade their military service and experience to foreign governments for cash – creating serious risks to our national security,” said Senator Warren. “This system needs serious transparency and accountability – and my bipartisan bill will do just that by requiring public reporting on service members working for foreign governments and putting real penalties in place if they break the law.” 

“It’s no surprise that foreign governments would wish to capitalize on the knowledge and expertise of retired U.S. military members, but it’s critical to our national security that we be judicious in how we allow other countries to leverage their skills and experience. Unfortunately we’ve seen that the current safeguards aren’t sufficient. This bipartisan proposal seeks to improve compliance through additional transparency and new penalties,” said Senator Grassley.

“US military officers have a unique look into our operations and capabilities and are trusted to safeguard that knowledge. Following recent investigations into potential conflicts of interest, the public deserves transparency when officers work on behalf of foreign governments after they retire,” said Congressman Crow. “This bipartisan effort will bring the process into public view, hold people accountable, and strengthen the American people’s trust in government.”

“Recent investigations make clear that we need stronger safeguards in place to ensure retired military officials are not abusing their power when taking jobs advising foreign governments or militaries. The American people put significant trust in our military leaders and that faith should be upheld through greater transparency around this approval process. The bipartisan legislation that we are introducing will give the American people more visibility into this process, impose common sense restrictions on foreign government employment, and hold violators accountable,” said Congresswoman DelBene. 

The Retired Officers Conflict of Interest Act specifically: 

  • Prohibits service members from negotiating foreign government employment or work for a private contractor on behalf of a foreign government while still on active duty.
  • Requires approvals to be conditioned on whether it would harm U.S. national security.
  • Prohibits intelligence officers from working for foreign governments for 30 months, other than for our closest allies.
  • Closes the loophole that allows officers to work for a foreign government without review if it is for a U.S.-based contractor.
  • Requires all retiring service members and intelligence officers to be notified of these restrictions.
  • Rescinds approval to work for a foreign government if the individual failed to notify the State Department and their military service secretary of significant changes to their employment.
  • Requires public reporting on approvals and for those approvals to be included in a searchable database that includes their name, military service, former office, nature of work, the foreign government they are employed by, and the amount of money received.
  • Requires retired service members to report any foreign employment annually for the first five years they are retired.
  • Creates civil penalties of $100,000 or the amount of money received for anyone who works for a foreign government without receiving approval or fails to report foreign employment to DoD.
  • Creates additional penalties for violations, including being prohibited for five years from accepting employment or compensation from foreign governments, accepting employment with the federal government, serving on a federal advisory committee or in any other advisory capacity, and holding a security clearance.

Senator Warren is a leader on closing the revolving door between senior national security officials and foreign governments: 

  • In June 2023, Senator Warren and Representative Andy Kim (D-N.J.) introduced the Department of Defense (DoD) Ethics and Anti-Corruption Act to limit the influence of contractors on the military, constrain foreign influence on retired senior military officers, and assert greater transparency over contractors and their interaction with DoD.
  • In April 2023, Senators Warren and Grassley sent a letter to Defense Secretary Lloyd J. Austin III, raising concerns over retired military officers working for foreign governments
  • In March 2023, Senator Warren and Representative Pramila Jayapal (D-Wash.) sent letters to eight federal Inspectors General across the executive branch, urging them to review their agencies’ ethics policies and conflict of interest rules.
  • In December 2022, Senator Warren and Representative Sara Jacobs (D-Calif.) sent letters to five Washington DC consulting firms requesting information about their work for and on behalf of foreign governments following reporting by the Washington Post revealing that, more than 500 retired U.S. military personal – including scores of generals and admirals” have taken jobs with foreign governments.
  • In November 2022, Senators Warren and Grassley sent a letter to Defense Secretary Lloyd J. Austin III raising concerns about the Defense Department’s frequent approval of high-ranking retired military members’ work for foreign governments. 
  • In October, 2022, Senator Warren sent a letter to the Brookings Institution, seeking answers about how Brooking ensures its funding agreements from foreign governments do not undermine the independence of its research and expressing concerns that the organization is not able to ensure its leaders are avoiding illegal or inappropriate lobbying.
  • In July 2022, Senator Warren sent a letter to the Brookings Institution following reports that former Marine Corps General John R. Allen, the former President of the Brookings Institution, is under investigation by the Federal Bureau of Investigation for making false statements and withholding documents about his role in possible illegal lobbying for the government of Qatar.
  • In December 2020, Senator Warren and Representative Pramila Jayapal (D-Wash.) reintroduced the Anti-Corruption & Public Integrity Act to fundamentally change the way Washington does business and restore the American public's faith in democracy, including by creating a new, independent anti-corruption agency dedicated to enforcing federal ethics laws and by expanding an independent and empowered Congressional ethics office insulated from Congressional politics.
  • In May 2019, Senator Warren introduced the Department of Defense Ethics and Anti-Corruption Act, legislation to limit the influence of contractors on the military, constrain foreign influence on retired senior military officers, and assert greater transparency over contractors and their interaction with DoD.
  • In November 2018, Senator Warren sent letters to 23 U.S. lobbying firms regarding past and present contracts for lobbying work for the Saudi government.
  • In November 2018, Senator Warren sent a letter to three private consulting firms requesting information about services provided by the three companies to the Saudi government. The senator's letter asks the firms about their relationship with the Saudi government and questions their business with the Kingdom in the wake of its apparently premeditated assassination of journalist and U.S. resident Jamal Khashoggi.
  • In October 2018, Senator Warren sent a letter to McKinsey & Company requesting information about the scope of its consulting services to, or for the benefit of, the Saudi government and requesting that a full, transparent accounting of how McKinsey's work may have enabled the Kingdom to repress critics and commit other human rights abuses.

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