S.Amdt. 2506

SA 2506. 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 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 that the entity with which the defendant
occupied a covered post-service position was providing advice
or services relating to national security, intelligence,
military, or internal security to a government 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) Applicability.--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, after December 31, 2024.
(d) Amendments to Section 989 of Title 10.--
(1) Notice.--Subsection (c)(1) of section 989 of title 10,
United States Code, is amended by inserting ``, including
violations punishable under section 207(m) of title 18''
after ``violations of the prohibition''.
(2) 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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