[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2700]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 577. Mr. KELLY (for himself, Mr. Cotton, and Mr. Heinrich) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to authorize appropriations for fiscal year 2024 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title VI, add the following:

     SEC. 633. PROHIBITION ON 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.
       (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 the People's 
     Republic of China or the Russian Federation to prevent the 
     exploitation of specialized United States military 
     competencies and capabilities by governments of those 
     adversaries of the United States.
       (c) Prohibition.--Section 207 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(m) Prohibition on All 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, 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) Definitions.--In this subsection:
       ``(A) Designated entity.--The term `designated entity' 
     means any entity determined by the Secretary of Defense to be 
     associated with or to provide substantial support to the 
     military of a designated foreign government.
       ``(B) 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.--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)--
       (1) 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
       (2) to any person who becomes subject to the prohibition 
     after such date of enactment, as soon as practicable 
     thereafter.
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