The REVOKE Act requires the Secretary of Defense to suspend or revoke security clearances and eligibility for access to classified information for retired or separated members of the Armed Forces and former DoD civilian employees who perform lobbying activities or lobbying contacts for certain China-linked companies. The covered companies are those named in the Defense Department’s report under 10 U.S.C. 113 note (section 1260H of the FY2021 NDAA) identified as Chinese military companies, and firms placed on the Treasury Department’s Non-SDN Chinese Military-Industrial Complex Companies List.
The statute contains a short waiver route: the Secretary may temporarily waive the prohibition for up to 180 days if they certify to the congressional defense committees that the waiver serves U.S. national security interests. The bill therefore links post-government employment restrictions directly to two executive branch lists and centralizes authority over exceptions in the Office of the Secretary of Defense.
At a Glance
What It Does
Creates a categorical bar—implemented by suspension or revocation of clearance eligibility—against retired or separated DoD personnel and former DoD civilian employees who lobby for companies identified on two government lists tied to China’s military-industrial complex. It makes this action effective regardless of any other legal provision.
Who It Affects
Retirees and separated service members and former DoD civilians who accept lobbying work on behalf of the specified Chinese firms, the lobbying firms and foreign principals that hire them, and DoD as the enforcing agency. The definition of lobbying follows the Lobbying Disclosure Act with a specific modification to broaden covered contacts.
Why It Matters
The bill directly ties post-service employment limits to administrative lists rather than case-by-case security adjudications, creating a predictable but blunt tool to prevent potential knowledge exploitation. The waiver authority concentrates discretion and creates a fixed, short-term mechanism for exemptions when national security needs require it.
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What This Bill Actually Does
The REVOKE Act makes a clear, list-driven rule: if a former DoD uniformed member or civilian employee engages in lobbying for certain China-linked companies, they lose their security clearance eligibility. The bill does not rely on the standard, individualized clearance adjudication process; instead it instructs the Secretary of Defense to suspend or revoke clearance or eligibility for access to classified information when the statutory trigger—lobbying for a listed company—occurs.
Two specific government lists define the covered foreign entities. One is the Department of Defense list required under section 1260H of the FY2021 National Defense Authorization Act, which identifies companies the DoD regards as Chinese military companies.
The other is the Department of the Treasury’s Non-SDN Chinese Military-Industrial Complex Companies List. By coupling the clearance consequence to those published lists, the bill makes the scope of prohibited associations depend on administrative designations that can change over time.The bill borrows the Lobbying Disclosure Act’s definitions for ‘‘lobbying activities’’ and ‘‘lobbying contact’’ but expressly eliminates one LDA exception (clause (iv) of paragraph (8)(B)(iv)), narrowing the set of communications that qualify.
That means more types of interactions with covered firms could trigger the clearance consequence than under the LDA alone. Finally, the statute authorizes a temporary waiver—up to 180 days—if the Secretary certifies to Congress that an exemption serves national security; it does not create a permanent carve-out process or an independent appeals mechanism within this text.
The Five Things You Need to Know
The Secretary of Defense must suspend or revoke security clearances or eligibility for access to classified information for retired or separated DoD members and former DoD civilian employees who engage in covered lobbying.
Covered entities are those listed in the DoD report under section 1260H (the Chinese military company list) and firms on Treasury’s Non‑SDN Chinese Military‑Industrial Complex Companies List.
The bill relies on the Lobbying Disclosure Act’s definitions but removes clause (iv) of paragraph (8)(B)(iv), broadening the range of contacts treated as lobbying contacts for enforcement.
The Secretary may grant a temporary waiver not exceeding 180 days, provided they certify to the congressional defense committees that the waiver is in the U.S. national security interest.
The prohibition operates ‘‘notwithstanding any other provision of law,’’ signaling that clearance revocation under this statute overrides conflicting legal authorities.
Section-by-Section Breakdown
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Short title
Establishes the bill’s popular name: the Restricting Ex‑Vetted Officials from Knowledge Exploitation Act, or the REVOKE Act. This is purely nominal but important for how the measure will be referenced in implementing guidance and Congressional communications.
Mandatory clearance suspension or revocation
Directs the Secretary of Defense to suspend or revoke a security clearance or eligibility to access classified information for the specified former DoD personnel who engage in covered activities. The text makes the action mandatory rather than discretionary, removing individualized adjudication under this statutory cause once the statutory trigger is proved.
Activities and entity triggers
Defines the covered activities as lobbying activities or lobbying contacts ‘‘for or on behalf of’’ entities that appear on two named lists: the DoD’s Chinese military company list (per the FY2021 NDAA reporting requirement) and Treasury’s Non‑SDN Chinese Military‑Industrial Complex Companies List. Enforcement therefore depends on whether the target firm is on either administrative list at the time of the activity; changes to those lists will expand or contract the statute’s reach without further legislative action.
Waiver: short, reportable, discretionary exception
Permits the Secretary to waive the prohibition for periods not exceeding 180 days when the Secretary certifies to the congressional defense committees that doing so is in the national security interest. The waiver is time‑limited and requires notification to Congress; the bill does not prescribe criteria for the national security determination or a public reporting standard beyond certification.
Definitions and modification of LDA terms
Incorporates the Lobbying Disclosure Act definitions of ‘‘lobbying activities’’ and ‘‘lobbying contact’’ but carve outs one clause of the LDA (clause (iv) of paragraph (8)(B)(iv)). That targeted alteration narrows LDA exceptions and therefore increases the universe of communications the department may treat as covered conduct for purposes of this statute.
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Explore Defense in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Current DoD clearance holders and program managers — reducing the risk that former insiders will leverage recent access to classified program details for the benefit of entities identified as linked to China’s military efforts.
- U.S. national security policymakers and intelligence analysts — the statute creates a formal, enforceable deterrent against a defined pathway for potential knowledge exploitation by specific foreign-linked firms.
- Congressional defense committees — because the waiver requires certification to those committees, they gain a predictable oversight touchpoint for any exceptions the Department grants.
Who Bears the Cost
- Retired and separated service members and former DoD civilian employees who accept lobbying work for listed Chinese firms — they risk losing clearance status and therefore future eligibility for certain roles that require access.
- Lobbying firms and foreign principals hiring former DoD personnel — they may find candidate pools constrained and face reputational or operational limits when targeting listed companies.
- The Department of Defense — responsibility for identifying violations, administering suspensions or revocations, and processing waivers will increase administrative workload and create potential legal exposure from challenges to statutory revocations.
Key Issues
The Core Tension
The bill pits two legitimate goals against each other: preventing the misuse of privileged national security knowledge by creating a bright‑line prohibition tied to specified foreign firms, versus preserving former officials’ freedom to work and protecting due process around loss of clearance and employment opportunities—there is no mechanism here that fully reconciles both aims without leaving gaps or sparking legal challenge.
The statute ties a consequential personnel sanction to administrative lists maintained by two different agencies. That approach simplifies enforcement when lists are clear, but it creates several operational questions: which list date controls when an individual’s conduct occurred; how will DoD prove the ‘‘for or on behalf of’’ relationship; and how will the department detect and attribute lobbying contacts that happen abroad or through intermediaries?
The bill is silent on standards of proof, notice to the affected individual before revocation, and any appeal process specific to revocations under this authority.
There is also a legal and policy trade‑off around speech and association. Lobbying is a regulated but constitutionally protected activity; converting certain lobbying relationships into an automatic statutory bar on classified access raises freedom of association and due process concerns that could prompt litigation.
The waiver mechanism partly addresses exceptional national security needs, but because waivers are short and discretionary and because the bill does not require transparency beyond notifying the defense committees, questions remain about how often waivers will be used and what oversight stakeholders will have. Finally, reliance on external lists means changes in Treasury or DoD policy can expand or contract the law’s reach without Congressional input, producing implementation variability across administrations.
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