,,ii #aahth ,,congress #ast ,session ,s4 #bjef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bj1 #bjbc,ms4 ,warren 7for herself and ,mr4 ,grassley7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #cg1 ,united ,states ,code1 to strengthen and expand restrictions on retired members and members of reserve components of the uniformed services accepting employment and compensation from foreign governments1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,retired ,officers ,conflict of ,interest ,act of #bjbc4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,approval process for employment and compensation4,sec4 #c4 ,prohibition on members of the ,armed ,forces negotiating employment with foreign governments while on active duty4,sec4 #d4 #cj-month prohibition on retired members of the ,armed ,forces eligible for access to classified information seeking approval for employment by foreign governments4,sec4 #e4 ,notification of obligations4,sec4 #f4 ,post-retirement employment reporting4,sec4 #g4 ,penalties4,sec4 #h4 ,guidance4,sec4 #i4 ,public reporting4,sec4 #aj4 ,database of employment approvals4,sec4 #aa4 ,definitions4,sec4 #ab4 ,comptroller ,general of the ,united ,states review4,sec4 #ac4 ,effective date2 applicability4 #b4 ,approval process for employment and compensation ,section #ijh of title #cg1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively1 and by moving such subparagraphs1 as so redesignated1 #b ems to the right2 7,b7 by striking ,subject to and inserting the following3 7#a7 ,in general ,subject to 2 7,c7 in subparagraph 7,c71 as redesignated1 by striking ,commissioned ,reserve ,corps and inserting ,ready ,reserve ,corps2 and 7,d7 by adding at the end the following new paragraph3 7#b7 ,application to private entities ,the acceptance by a person described in paragraph 7#a7 of employment 7and compensation related to that employment7 or payments or awards indirectly from a foreign government through a private entity shall be subject to the provisions of this section to the same extent and in the same manner as such provisions apply to employment 7and compensation related to that employment7 and payments and awards described in paragraph 7#a74 2 7#b7 in subsection 7b7-- 7,a7 by inserting 7#a7 before ,a person2 and 7,b7 by adding at the end the following new paragraph3 7#b7 ,before approving under paragraph 7#a7 the employment of a person described in subsection 7a71 the ,secretary concerned and the ,secretary of ,state shall-- 7,a7 review the offer of employment1 including the full text of the contract or other agreement and any annexes or statements of work2 and 7,b7 determine that the employment will not harm the national security of the ,united ,states1 including with respect to complying with requirements under the ,international ,traffic in ,arms ,regulations under subchapter ,m of chapter ,i of title #bb1 ,code of ,federal ,regulations4 2 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7k7 and 7m71 respectively2 and 7#d7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,terms of approval ,an approval provided to a person described in subsection 7a7 for employment or compensation under subsection 7b7 or for a payment or award under subsection 7c7 shall cease to be effective if the person-- 7#a7 fails to notify the ,secretary concerned in writing of any material change in the nature of the employment or payment or award not later than #cj days after the change is made2 or 7#b7 provides inaccurate or incomplete information in a written notification submitted under paragraph 7#a74 4 #c4 ,prohibition on members of the ,armed ,forces negotiating employment with foreign governments while on active duty ,section #ijh of title #cg1 ,united ,states ,code1 as amended by section #b1 is further amended by inserting after subsection 7d7 the following new subsection3 7e7 ,prohibition on negotiation of employment by foreign governments while on active duty ,a member of the armed forces is prohibited from negotiating or having in effect an agreement for future employment or compensation1 or payment or award1 described in subsection 7a7 while serving on active duty4 4 #d4 #cj-month prohibition on retired members of the ,armed ,forces eligible for access to classified information seeking approval for employment by foreign governments ,section #ijh of title #cg1 ,united ,states ,code1 as amended by section #c1 is further amended by inserting after subsection 7e7 the following new subsection3 7f7 ,prohibition for retired members of armed forces eligible for access to classified information 7#a7 ,in general ,except as provided by paragraph 7#b71 a retired member of the armed forces who is eligible for access to classified information is prohibited from seeking approval under subsection 7b7 for employment or compensation described in subsection 7a7 during the #cj-month period beginning on the date on which the person retires from the armed forces4 7#b7 ,exception for allied governments ,a person described in paragraph 7#a7 may accept employment or compensation from the ,government of the ,united ,kingdom1 ,canada1 ,australia1 or ,new ,zealand if the ,secretary concerned and ,secretary of ,state approve the employment as provided by subsection 7b74 4 #e4 ,notification of obligations ,section #ijh of title #cg1 ,united ,states ,code1 as amended by section #d1 is further amended by inserting after subsection 7f7 the following new subsection3 7g7 ,notification of obligations ,the ,secretary concerned shall ensure that each person described in subsection 7a7-- 7#a7 is notified of the obligations of the person under this section2 and 7#b7 certifies to the ,secretary that the person understands such obligations4 4 #f4 ,post-retirement employment reporting ,section #ijh of title #cg1 ,united ,states ,code1 as amended by section #e1 is further amended by inserting after subsection 7g7 the following new subsection3 7h7 ,post-,retirement employment reporting 7#a7 ,in general ,during the #e-year period beginning on the date on which a member of the armed forces retires1 that member shall-- 7,a7 report employment described in subsection 7a7 to the ,secretary concerned upon accepting such employment2 and 7,b7 annually 7or more frequently if the ,secretary concerned considers it appropriate7 report such employment to the ,secretary concerned4 7#b7 ,regulations ,the ,under ,secretary of ,defense for ,personnel and ,readiness1 in consultation with the ,department of ,defense ,standards of ,conduct ,office and the ,secretaries of the military departments1 shall issue regulations requiring1 as a condition of service1 each member of the armed forces to sign a written agreement requiring the regular reporting of employment described in subsection 7a7 to the ,secretary concerned under paragraph 7#a74 4 #g4 ,penalties ,section #ijh of title #cg1 ,united ,states ,code1 as amended by section #f1 is further amended by inserting after subsection 7h7 the following new subsection3 7i7 ,civil penalties 7#a7 ,in general ,a person who violates subsection 7b71 7c71 7e71 7f71 or 7h7 shall be liable to the ,united ,states for a civil penalty in an amount that is not more than the greater of-- 7,a7 #ajj1jjj2 or 7,b7 the amount of compensation that the person received or was offered for the conduct in violation of subsection 7b71 7c71 7e71 or 7f71 or the employment described in subsection 7h71 as the case may be4 7#b7 ,additional penalties ,in addition to the penalty provided for under paragraph 7#a71 a person who violates subsection 7b71 7c71 7e71 or 7f7 shall1 for a period of not longer than five years-- 7,a7 be prohibited from accepting employment or compensation or a payment or award from any foreign government2 7,b7 be prohibited from-- 7i7 accepting employment with the ,federal ,government2 7ii7 providing services under a contract awarded by the ,federal ,government2 or 7iii7 serving on a ,federal advisory committee or in any other advisory capacity to the ,federal ,government2 and 7,c7 not be eligible for access to classified information4 7#c7 ,appeal 7,a7 ,in general ,a person assessed a penalty under paragraph 7#a7 for a violation of subsection 7b71 7c71 7e71 7f71 or 7h7 may appeal the penalty to the ,president4 7,b7 ,determinations on appeal ,a determination by the ,president to rescind or waive part or all of a penalty for a violation of subsection 7b71 7c71 7e71 7f71 or 7h7 shall be made in writing1 submitted to ,congress1 and made publicly available by the ,president through publication in the ,federal ,register4 7#d7 ,savings provision ,the imposition of a penalty under this subsection does not preclude the application of any other criminal or civil statutory1 common law1 or administrative remedy that is available by law to the ,united ,states or any other person4 4 #h4 ,guidance ,section #ijh of title #cg1 ,united ,states ,code1 as amended by section #g1 is further amended by inserting after subsection 7i7 the following new subsection3 7j7 ,guidance ,not later than #abj days after the enactment of the ,retired ,officers ,conflict of ,interest ,act of #bjbc1 the ,secretary of ,defense and the ,secretary of ,state shall issue and make available to the public guidance with respect to complying with this section4 4 #i4 ,public reporting ,subsection 7k7 of section #ijh of title #cg1 ,united ,states ,code1 as redesignated by section #b7b71 is further amended-- 7#a7 in paragraph 7#b71 by adding at the end the following new subparagraph3 7,d7 ,the value of any travel1 meals1 lodging1 or registration fees provided by the foreign government in connection with the employment or compensation or payment or award4 2 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,each report required by paragraph 7#a71 and all of the contents of the report1 without redaction1 shall be made available by the ,secretary of ,defense on a publicly accessible internet website not later than #fj days after the report is submitted under paragraph 7#a74 4 #aj4 ,database of employment approvals ,section #ijh of title #cg1 ,united ,states ,code1 is amended by inserting after subsection 7k71 as redesignated by section #b7b71 the following new subsection3 7l7 ,database of employment approvals 7#a7 ,establishment ,not later than #a year after the date of the enactment of the ,retired ,officers ,conflict of ,interest ,act of #bjbc1 the ,secretary of ,defense shall establish and maintain an online portal accessible by the public that allows a member of the public1 at no cost to the member1 to search1 sort1 and download information on approvals of employment provided under subsection 7b74 7#b7 ,elements ,the portal required by paragraph 7#a7 shall be designed to provide a member of the public with the ability to retrieve information on an approval of employment provided under subsection 7b7 to a person described in subsection 7a7 through searches based on each1 and any combination1 of the following3 7,a7 ,the name of the person4 7,b7 ,the armed force of the person4 7,c7 ,the position the person held or holds in the armed forces1 including rank1 and in any other former employing ,federal office4 7,d7 ,the foreign government involved4 7,e7 ,the amount of compensation expected or provided for the employment4 7,f7 ,the details of the person's application for approval of the employment4 7,g7 ,in the case of a retired member of the armed forces1 the nature of the activities of the member since retirement4 7,h7 ,other information relating to the employment4 7,i7 ,except as provided by paragraph 7#c71 any other information the ,director considers relevant4 7#c7 ,information prohibited from disclosure ,the portal required by paragraph 7#a7 may not include an individual's date of birth1 social security number1 home address1 phone number1 or any other personal identifier other than those specifically required to be included under paragraph 7#b74 7#d7 ,availability of information ,the ,director shall design the portal required by paragraph 7#a7 so that the contents of the portal may be downloaded in bulk and retrieved by an application programming interface4 7#e7 ,duration of retention of information ,the portal required by paragraph 7#a7 shall retain information with respect to an approval of employment provided under subsection 7b7 for not less than #aj years after the expiration or other termination of the approval4 7#f7 ,updates required ,the portal required by paragraph 7#a7 and the application programming interface referred to in paragraph 7#d7 shall be enhanced and updated as necessary to carry out the purposes of this section4 4 #aa4 ,definitions ,section #ijh of title #cg1 ,united ,states ,code1 is amended by inserting after subsection 7m71 as redesignated by section #b7b71 the following new subsection3 7n7 ,definitions ,in this section3 7#a7 ,classified information ,the term classified information means any information or material that has been determined by the ,united ,states ,government pursuant to an ,executive order1 statute1 or regulation1 to require protection against unauthorized disclosure for reasons of national security4 7#b7 ,eligible for access to classified information ,the term eligible for access to classified information has the meaning given that term in the procedures established pursuant to section #hja7;a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa74 7#c7 ,foreign government ,the term foreign government has the meaning given that term in section #gcdb7;a77#b7 of title #e4 4 #ab4 ,comptroller ,general of the ,united ,states review 7a7 ,report required ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives a report on the employment by foreign governments of former officers of the ,armed ,forces covered by section #ijh of title #cg1 ,united ,states ,code4 7b7 ,elements ,the report required by subsection 7a7 shall include an assessment of-- 7#a7 the processes in place at the ,department of ,state and the ,department of ,defense-- 7,a7 to identify-- 7i7 the extent to which former officers described in subsection 7a7 were provided compensation directly or indirectly by foreign governments during the #e-year period preceding submission of the report2 and 7ii7 the extent to which such former officers who receive compensation from foreign governments work on contracts or programs of the ,department of ,defense1 the ,department of ,state1 or the ,department of ,health and ,human ,services-- 7,i7 for which such former officials personally had program oversight responsibility or decision-making authority when they served in the ,armed ,forces2 or 7,,ii7 that are the responsibility of the agency1 office1 or command in which such former officers served2 and 7,b7 to review and approve employment by foreign governments of such former officers in accordance with section #ijh of title #cg1 ,united ,states ,code1 as amended by this ,act2 and 7#b7 what is known about the effectiveness of existing statutes and regulations governing the employment of former officers of the ,armed ,forces1 including-- 7,a7 section #bjg of title #ah1 ,united ,states ,code2 7,b7 section #ijh of title #cg1 ,united ,states ,code1 as in effect on the day before the date of the enactment of this ,act2 and 7,c7 the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa et seq474 7c7 ,access to information ,in accordance with the contract clause required pursuant to section #chda7;d7 of title #aj1 ,united ,states ,code1 and section #dgjf7;d7 of title #da1 ,united ,states ,code1 contractors shall provide the ,comptroller ,general with access to information requested by the ,comptroller ,general for the purpose of preparing the report required by subsection 7a74 #ac4 ,effective date2 applicability ,the amendments made by this ,act-- 7#a7 take effect on the date of the enactment of this ,act2 and 7#b7 apply with respect to-- 7,a7 offers of employment or compensation described in subsection 7a7 of section #ijh of title #cg1 ,united ,states ,code1 as amended by this ,act1 made on or after the date that is #abj days after such date of enactment2 7,b7 the provision of any payment1 item1 or award described in that subsection on or after that date2 7,c7 negotiations for employment described in subsection 7e7 of that section on or after that date2 and 7,d7 agreements described in that subsection in effect on or after that date4