S.Amdt. 3549

SA 3549, submitted by Mr. Kelly, aims to add a criminal penalty for former members of the Armed Forces who accept employment with certain foreign governments. It is intended to be added to bill S. 2296.

The amendment seeks to change and add the following:

• Criminal Penalties: It amends section 207 of title 18, United States Code, to punish "covered individuals" who knowingly and willfully occupy a "covered post-service position" in violation of section 989(a) of title 10. This offense is subject to extraterritorial Federal jurisdiction.

• Purpose and Findings: The amendment states that skills and training gained in the U.S. Armed Forces are products of unique Government training. It finds that the People's Republic of China has used former U.S. and allied military personnel to train Chinese military personnel. Congress believes prohibiting former members from providing substantial support to foreign adversaries, such as the Russian Federation or the People's Republic of China, is in the national security interests of the United States.

• Legal Requirements: To prosecute an individual, the Government must prove the defendant knew for at least 30 days before occupying or leaving a position that the entity was providing services relating to military, internal security, intelligence, or national security to a foreign government described in section 989(h)(2)(A) of title 10.

• Title 10 Amendments: The amendment modifies section 989 of title 10 to:

• Change the language regarding waivers to ensure they "would not result in a detrimental impact to the current or future national security interests of the United States."

• Include notice of violations punishable under section 207(m) of title 18.

• Require the referral of cases to the Attorney General for prosecution under section 207(m) of title 18.