Reps. Crow, Luttrell, DelBene, Ellzey Introduce Bipartisan Bill Providing Oversight on Retired Military Officers Working for Foreign Governments

WASHINGTON — Today, Representative Jason Crow (D-CO-06), Army veteran and  Ranking Member of the House Foreign Affairs Committee’s Subcommittee on Oversight and Accountability, with Representatives Morgan Luttrell (R-TX-08), Suzan DelBene (D-WA-01), and Jake Ellzey (R-TX-06) introduced theRetired Officers Conflict of Interest Act – a bill that would require public reporting on retired service members working on behalf of foreign governments and create civil penalties if they break the law. The Senate companion bill was introduced by Senators Elizabeth Warren (D-MA) and Chuck Grassley (R-IA).  

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.

“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.”

“As a veteran, I understand and appreciate that our dedication to America continues even after our service ends,” said Congressman Luttrell. “The Retired Officers Conflict of Interest Act will provide transparency that is key to safeguarding our national security and help ensure that those who served our country honorably continue to uphold our values.”

“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 moral obligation to serve country before self doesn’t end when someone puts their uniform in the closet for the last time,” said Congressman Ellzey.  “Members of our military hold a public trust that provides them access to critical information that other countries would pay dearly for – we need to guard who gets that information and how and this legislation does that.”

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 within 30 months of their retirement, except 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.

Read the full text of the legislation here.