[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3228 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3228

To prohibit certain members and former members of the Armed Forces from 
accepting employment with government entities of the People's Republic 
                  of China or the Russian Federation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2023

  Mr. Kelly (for himself, Mr. Cotton, Mr. Heinrich, and Mrs. Shaheen) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit certain members and former members of the Armed Forces from 
accepting employment with government entities of the People's Republic 
                  of China or the Russian Federation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Work with Adversaries Act of 
2023''.

SEC. 2. PROHIBITION ON CERTAIN MEMBERS AND FORMER MEMBERS OF THE ARMED 
              FORCES ACCEPTING EMPLOYMENT WITH CHINESE OR RUSSIAN 
              GOVERNMENT ENTITIES.

    (a) Findings.--Congress makes the following findings:
            (1) Members of the Armed Forces gain skills, knowledge, and 
        training through their service that are integral to the mission 
        of the United States military.
            (2) The specialized skillsets gained through service in the 
        United States Armed Forces are the product of unique United 
        States Government training.
            (3) Public reports have revealed the People's Republic of 
        China has employed, or contracted through intermediaries, 
        former United States military personnel and former military 
        personnel of countries that are allies of the United States to 
        train Chinese military personnel on specialized skills.
            (4) The closest allies of the United States, including the 
        United Kingdom, Australia, and New Zealand, are taking steps to 
        stop their former military personnel from training the Armed 
        Forces of foreign adversaries, including instituting policy and 
        legal reviews and consideration of criminal penalties to 
        prevent that type of post-military service activity.
            (5) Allowing individuals to be employed or engaged in the 
        provision of training to foreign adversaries in specialized 
        skillsets gained through service in the United States Armed 
        Forces poses a significant risk for exploitation by foreign 
        adversaries against United States interests.
    (b) Sense of Congress.--It is the sense of Congress that it is in 
the national security interests of the United States that current and 
former members of the Armed Forces be prohibited from taking employment 
or holding positions that provide substantial support to the military 
of a foreign government that is an adversary of the United States, such 
as the Government of the People's Republic of China or the Government 
of the Russian Federation, to prevent the exploitation of specialized 
United States military competencies and capabilities by those 
governments.
    (c) Prohibition.--Section 207 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(m) Prohibition on Certain Members and Former Members of the 
Armed Forces Accepting Employment With Designated Foreign Government 
Entities.--
            ``(1) In general.--Any person who is a member or former 
        member of the Armed Forces, who at any time occupied a covered 
        position, and who, on or after the date of the enactment of 
        this subsection, knowingly accepts employment for or occupies a 
        position with a designated entity, shall be punished as 
        provided in section 216(a)(2) of this title.
            ``(2) Temporary waiver for former members of the armed 
        forces.--
                    ``(A) In general.--On a case-by-case basis, the 
                Secretary of Defense may temporarily waive the 
                restriction under paragraph (1), and may renew any such 
                waiver, with respect to a former member of the Armed 
                Forces only after--
                            ``(i) the former member submits to the 
                        Secretary a written application for such waiver 
                        or renewal in such form and manner as the 
                        Secretary shall prescribe; and
                            ``(ii) the Secretary determines that 
                        granting such waiver or renewal would not 
                        result in a detrimental impact to current or 
                        future defense operations of the United States.
                    ``(B) Period of waiver or renewal.--A waiver or 
                renewal under subparagraph (A) shall apply for a period 
                not to exceed 5 years.
                    ``(C) Revocation.--The Secretary may revoke a 
                waiver or renewal under subparagraph (A) for a former 
                member of the Armed Forces and that revocation shall 
                take effect on the date specified by the Secretary but 
                not later than 60 days after the date on which the 
                Secretary provides the former member written notice of 
                such revocation.
            ``(3) Definitions.--In this subsection:
                    ``(A) Covered position.--The term `covered 
                position' means a position in the United States Armed 
                Forces that provides training, knowledge, and 
                experience in--
                            ``(i) aviation or flight operations;
                            ``(ii) defensive or offensive cyber 
                        operations;
                            ``(iii) operation or maintenance of--
                                    ``(I) military equipment;
                                    ``(II) electrical or power 
                                distribution systems;
                                    ``(III) weapon systems; or
                                    ``(IV) munitions;
                            ``(iv) intelligence;
                            ``(v) logistics;
                            ``(vi) security of military assets;
                            ``(vii) defense acquisitions; or
                            ``(viii) military equipment testing and 
                        evaluation.
                    ``(B) Designated entity.--The term `designated 
                entity' means any entity that seeks to employ or 
                engages in employing any member of the Armed Forces or 
                former member of the Armed Forces for the purpose of 
                providing material support, including sensitive 
                military information or capabilities, to the military 
                of a designated foreign government, as determined by 
                the Secretary of Defense.
                    ``(C) Designated foreign government.--The term 
                `designated foreign government' means a government, at 
                the national, regional, or local level, in--
                            ``(i) the People's Republic of China; or
                            ``(ii) the Russian Federation.''.
    (d) Written Notice About Prohibition.--
            (1) In general.--The Secretary of Defense or the Secretary 
        of Veterans Affairs, as appropriate, shall provide written 
        notice of the prohibition under subsection (m) of section 207 
        of title 18, United States Code, as added by subsection (c)--
                    (A) to any person subject to the prohibition as of 
                the date of the enactment of this Act, as soon as 
                practicable after such date of enactment; and
                    (B) to any person who becomes subject to the 
                prohibition after such date of enactment, as soon as 
                practicable thereafter.
            (2) Impact on prohibition.--The prohibition under 
        subsection (m) of section 207 of title 18, United States Code, 
        as added by subsection (c), shall apply to a person regardless 
        of whether the Secretary of Defense or the Secretary of 
        Veterans Affairs, as appropriate, have complied with the 
        requirements under paragraph (1).
                                 <all>