Bill Targets Retired U.S. Officers Hired by Foreign Powers

Senators Elizabeth Warren and Chuck Grassley introduced the bipartisan Retired Officers Conflict of Interest Act to curb the largely opaque process by which retired U.S. military officers gain approval to work for foreign governments.

Representatives Jason Crow and Suzan DelBene introduced companion legislation in the House on June 20, 2023.

The bill responded to investigations showing the State Department and military services approved roughly 95 percent of applications for foreign government work, with almost no one punished for unauthorized employment.

Its provisions would condition approvals on national security, bar intelligence officers from foreign government work for 30 months, close a contractor loophole, and require a searchable public database listing each officer's name, position, employer, and compensation.

Violators would face civil penalties of 100,000 dollars or forfeiture of pay, plus a five year employment ban and loss of security clearance.

Warren argued the Department of Defense lets too many retired officers trade their military service for foreign compensation, while Grassley pressed for added transparency and new penalties.

The bill never became law, but pieces of it did. The FY2024 NDAA moved approvals to a Senate confirmed assistant secretary or higher, required a finding that the job serves U.S. interests, and ordered a public annual report with pay figures, per Warren's office. The rubber stamp survived: a GAO review of 203 applications from 2019 to 2023 found more than 95 percent approved, with the services unable to agree on what counts as foreign employment. Crow, Luttrell, DelBene and Ellzey refiled the House version on August 23, 2024, and no vote has followed. GAO's five recommendations remain open; watch whether the Pentagon closes one before its next annual report.