II 118th CONGRESS 1st Session S. 3228 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.

1. Short title This Act may be cited as the No Work with Adversaries Act of 2023 . 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).