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