,,ii #aahth ,,congress #ast ,session ,s4 #ccci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ae1 #bjbc,mrs4 ,shaheen 7for herself1 ,mr4 ,cotton1 and ,mr4 ,kelly7 introduced the following bill2 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 training1 consulting1 advising1 or instructing any government-associated individual or entity from the ,people's ,republic of ,china1 the ,russian ,federation1 the ,islamic ,republic of ,iran1 the ,democratic ,people's ,republic of ,korea1 the ,republic of ,cuba1 or the ,syrian ,arab ,republic4 #a4 ,short title ,this ,act may be cited as the ,defending ,against ,adversary ,recruitment ,efforts ,act or the ,,daare ,act4 #b4 ,prohibition on former members of the ,armed ,forces accepting post-service employment with certain foreign governments 7a7 ,in general ,chapter #di of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #ihi4 ,prohibition on former members of the armed forces accepting post-service employment with certain foreign governments 7a7 ,in general ,except as provided by subsection 7b71 a covered individual may not occupy a covered post-service position4 7b7 ,temporary waiver 7#a7 ,in general ,the ,secretary of ,defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection 7a7 if-- 7,a7 the individual1 or a ,federal agency on behalf of1 and with the consent of1 the individual1 submits to the ,secretary a written application for a waiver in such form and manner as the ,secretary determines appropriate2 and 7,b7 the ,secretary determines that the waiver is necessary to advance the national security interests of the ,united ,states4 7#b7 ,period of waiver ,a waiver issued under paragraph 7#a7 shall apply for a period not exceeding #e years4 ,the ,secretary may renew such a waiver4 7#c7 ,revocation ,the ,secretary may revoke a waiver issued under paragraph 7#a7 to a covered individual with respect to a covered-post service position if the ,secretary determines that the employment of the individual in the covered-post service position poses a threat to national security4 7#d7 ,notification 7,a7 ,in general ,not later than #cj days after the date on which the ,secretary issues a waiver under paragraph 7#a7 or revokes a waiver under paragraph 7#c71 the ,secretary shall submit to the ,committees on ,armed ,services of the ,senate and the ,house of ,representatives written notification of the waiver or revocation1 as the case may be4 7,b7 ,elements ,a notification required by subparagraph 7,a7 shall include the following3 7i7 ,with respect to a waiver issued to a covered individual-- 7,i7 the details of the application1 including the position held by the individual in the armed forces2 7,,ii7 the nature of the post-service position of the individual2 7,,iii7 a description of the national security interests that will be advanced by reason of issuing such a waiver2 and 7,,iv7 the specific reasons why the ,secretary determines that issuing the waiver will advance such interests4 7ii7 ,with respect to a revocation of a waiver issued to a covered individual-- 7,i7 the details of the waiver1 including any renewals of the waiver1 and the dates of such waiver and renewals2 and 7,,ii7 the specific reasons why the ,secretary determined that the revocation is warranted4 7c7 ,certification of prohibition ,in implementing the prohibition under subsection 7a71 the ,secretary shall establish a process under which each member of the armed forces is1 before the member retires or is otherwise separated from the armed forces-- 7#a7 informed in writing of the prohibition1 and the penalties for violations of the prohibition2 and 7#b7 is required to certify that the member understands the prohibition and those penalties4 7d7 ,penalties ,in the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection 7a71 the ,secretary shall1 as applicable-- 7#a7 withhold any pay1 allowances1 or benefits that would otherwise be provided to the individual by the ,department of ,defense2 and 7#b7 revoke any security clearance of the individual4 7e7 ,annual reports 7#a7 ,requirement ,not later than ,march #ca1 #bjbd1 and annually thereafter1 the ,secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report4 7#b7 ,elements ,each report required by paragraph 7#a7 shall include the following3 7,a7 ,the number of former covered individuals who occupy a covered post-service position1 broken down by-- 7i7 the name of the employer2 7ii7 the foreign government1 including by the specific foreign individual1 agency1 or entity1 for whom the covered post-service employment is being performed2 and 7iii7 the nature of the services provided as part of the covered post-service employment4 7,b7 ,an assessment by the ,secretary of whether-- 7i7 the ,department of ,defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments2 7ii7 all covered individuals who occupy a covered post-service position are in compliance with this section2 7iii7 the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the ,united ,states2 and 7iv7 there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate ,federal law4 7#c7 ,form of report ,each report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7f7 ,notifications of determinations of certain threats 7#a7 ,requirement ,in addition to the annual reports under subsection 7d71 if the ,secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause 7iii7 of paragraph 7#b77;,b7 of that subsection1 or include activities described in clause 7iv7 of such paragraph1 the ,secretary shall notify the congressional defense committees of that determination by not later than #cj days after making the determination4 7#b7 ,elements ,a notification required by paragraph 7#a7 shall include the following3 7,a7 ,the name of the covered individual4 7,b7 ,the name of the employer4 7,c7 ,the foreign government1 including the specific foreign individual1 agency1 or entity1 for whom the covered post-service employment is being performed4 7,d7 ,as applicable1 a description of the risk to national security and the activities that may violate ,federal law4 7g7 ,rule of construction ,nothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title #ah4 7h7 ,definitions ,in this section3 7#a7 ,covered individual ,the term covered individual means an individual who has retired or otherwise separated from an active or reserve component of the armed forces4 7#b7 ,covered post-service employment ,the term covered post-service employment means direct or indirect employment by1 representation of1 or any provision of advice or services relating to national security1 intelligence1 the military1 or internal security to-- 7,a7 the government of-- 7i7 a country of concern 7as defined in section #a7m7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7m7772 or 7ii7 a country the ,secretary of ,defense determines acts as a proxy or passthrough for services for a country of concern2 or 7,b7 any company1 entity1 or other person the activities of which are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized1 in whole or in major part1 by a government described in subparagraph 7,a74 7#c7 ,covered post-service position ,the term covered post-service position means a position of employment described in paragraph 7#b74 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #di of such title is amended by adding at the end the following new item3 #ihi4 ,prohibition on former members of the armed forces accepting post-service employment with certain foreign governments4 4 7c7 ,conforming amendment ,section #ijh of title #cg1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7f7 ,prohibition on former members of armed forces accepting employment with certain foreign governments ,for a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments1 see section #ihi of title #aj4 4