REVOKE Act
- Bill Number
- S. 3181
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-11-18: Read twice and referred to the Committee on Armed Services.
- Last Updated
- 2026-06-05T12:18:24Z
AI-Generated Summary
Purpose of the Legislation
The REVOKE Act aims to protect national security by preventing former Department of Defense (DoD) personnel from using their access to sensitive information to benefit certain Chinese entities through lobbying. It targets individuals who lobby on behalf of companies linked to China's military-industrial complex.
Key Provisions
- Prohibition on Security Clearances: The Secretary of Defense must suspend or revoke security clearances (which allow access to classified information) for any retired or separated member of the U.S. Armed Forces or former DoD civilian employee who engages in lobbying activities or contacts.
- Targeted Activities: Lobbying is restricted if it is conducted for or on behalf of entities that meet two criteria:
- They are identified as "Chinese military companies" in the most recent report under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (a law requiring annual reports on Chinese military-linked firms).
- They appear on the Non-SDN Chinese Military-Industrial Complex Companies List, published by the U.S. Department of the Treasury (a list of companies supporting China's military efforts, excluding those already under sanctions).
- Lobbying Definitions: "Lobbying activities" and "lobbying contacts" are defined per the Lobbying Disclosure Act of 1995, but with an exception that narrows the scope of what counts as a contact (excluding certain executive branch interactions).
- Waiver Option: The Secretary of Defense can temporarily waive the prohibition for up to 180 days if they certify to the congressional defense committees (key House and Senate committees overseeing defense matters) that the waiver serves U.S. national security interests.
- Scope: The law overrides any conflicting existing laws.
Significant Changes to Existing Law
- This bill introduces a mandatory revocation or suspension of security clearances specifically tied to lobbying for designated Chinese entities, which is not explicitly covered in current laws like the Lobbying Disclosure Act or general security clearance rules.
- It expands DoD's authority to act preemptively against perceived national security risks from former personnel, potentially overriding protections or procedures in place for maintaining clearances post-employment.
- The waiver provision adds flexibility but requires congressional oversight, differing from more autonomous executive decisions in prior security policies.
Potential Impacts
- On Government Agencies: The DoD will need to monitor and enforce compliance, increasing administrative workload for tracking former employees' activities. The Treasury Department may see indirect effects from reliance on its published list.
- On Citizens: Primarily affects former military or DoD civilian employees, limiting their ability to work in lobbying roles for specified Chinese-linked firms without losing clearance eligibility, which could restrict career options in defense-related consulting or international business.
- On International Relations: Could heighten tensions with China by signaling stricter U.S. measures against perceived influence operations, potentially discouraging business ties between U.S. experts and Chinese firms while reinforcing U.S. efforts to counter Chinese military expansion.
Main Stakeholders Affected
- Former DoD Personnel: Retired or separated Armed Forces members and civilian employees, who face clearance revocation for engaging in prohibited lobbying.
- U.S. Department of Defense: Responsible for implementing suspensions, revocations, and waivers.
- Congressional Defense Committees: Receive certifications for waivers and oversee the law's enforcement.
- Chinese Entities: Companies on the specified lists, which may lose access to U.S. expertise through lobbying.
- U.S. Lobbying Community: Broader implications for firms or individuals navigating restrictions on representing foreign interests.
Notable Legal, Constitutional, or Political Implications
- Legal: By stating it applies "notwithstanding any other provision of law," the bill could preempt challenges based on existing clearance or employment regulations, but it may invite lawsuits over due process in revocations.
- Constitutional: Potential concerns regarding First Amendment rights to free speech and association, as restrictions on lobbying could be seen as limiting professional activities; however, national security exceptions often uphold such measures in court precedents.
- Political: Reinforces bipartisan concerns about Chinese influence in U.S. defense circles (introduced by Senators Cornyn and Whitehouse from different parties), aligning with broader U.S. policies on countering China but possibly escalating geopolitical rhetoric without direct sanctions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Whitehouse, Sheldon [D-RI], Sen. McCormick, David [R-PA]
Recent Actions
- 2025-11-18: Read twice and referred to the Committee on Armed Services.
- 2025-11-18: Introduced in Senate
Bill Versions
- Restricting Ex-Vetted Officials from Knowledge Exploitation Act — issued 2025-11-18 — PDF (3 pages)