S.Amdt. 577

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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