[Congressional Record Volume 170, Number 121 (Thursday, July 25, 2024)]
[Senate]
[Pages S5523-S5524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3179. Mr. KELLY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 K of title V, insert the following:

     SEC. 599C. CRIMINAL PENALTY FOR VIOLATIONS OF PROHIBITION ON 
                   FORMER MEMBERS OF THE ARMED FORCES ACCEPTING 
                   EMPLOYMENT WITH CERTAIN FOREIGN GOVERNMENTS.

       (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

[[Page S5524]]

     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 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) Criminal Penalty.--
       (1) In general.--Section 207 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(m) Prohibition on Former Members of the Armed Forces 
     Accepting Post-service Employment With Certain Foreign 
     Governments.--
       ``(1) In general.--A covered individual who violates the 
     prohibition under section 989(a) of title 10 by knowingly and 
     willfully occupying a covered post-service position shall be 
     punished as provided in section 216(a)(2) of this title.
       ``(2) Proof of state of mind.--In prosecution under 
     paragraph (1), the Government is required to prove that the 
     defendant knew, for a period of not less than 30 days before 
     occupying a covered post-service position or, if already 
     occupying such a position, before leaving the position, 
     that--
       ``(A) the entity with which the defendant occupied the 
     covered post-service position was providing advice or 
     services relating to national security, intelligence, 
     military, or internal security to a foreign government; and
       ``(B) the foreign government was described in section 
     989(h)(2)(A) of title 10.
       ``(3) Jurisdiction.--An offense under paragraph (1) shall 
     be subject to extraterritorial Federal jurisdiction.
       ``(4) Definitions.--In this subsection, the terms `covered 
     individual' and `covered post-service position' have the 
     meanings given those terms in section 989 of title 10.''.
       (2) Effective period.--Subsection (m) of section 207 of 
     title 18, United States Code, as added by paragraph (1), 
     applies with respect to a violation described in that 
     subsection that occurs, in whole or in part--
       (A) after the date that is 1 year after the date of the 
     enactment of this Act; and
       (B) on or before December 31, 2029.
       (d) Amendments to Section 989 of Title 10.--
       (1) Waiver.--Subsection (b)(1)(B) of section 989 of title 
     10, United States Code, is amended by striking ``is 
     necessary'' and all that follows and inserting ``would not 
     result in a detrimental impact to the current or future 
     national security interests of the United States.''.
       (2) Notice.--Subsection (c)(1) of such section is amended 
     by inserting ``, including violations punishable under 
     section 207(m) of title 18'' after ``violations of the 
     prohibition''.
       (3) Referrals for prosecution.--Subsection (d) of such 
     section is amended--
       (A) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(3) refer the case to the Attorney General for 
     prosecution under section 207(m) of title 18.''.
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