[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4456 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4456
To prohibit certain former employees of the intelligence community from
providing certain services to governments of countries that are state
sponsors of terrorism, the People's Republic of China, and the Russian
Federation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2022
Mr. Cornyn (for himself, Mr. King, Mr. Sasse, and Mrs. Gillibrand)
introduced the following bill; which was read twice and referred to the
Select Committee on Intelligence
_______________________________________________________________________
A BILL
To prohibit certain former employees of the intelligence community from
providing certain services to governments of countries that are state
sponsors of terrorism, the People's Republic of China, and the Russian
Federation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF CERTAIN
COUNTRIES.
(a) In General.--Title III of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) is amended by inserting after section 304 the
following:
``SEC. 305. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF CERTAIN
COUNTRIES.
``(a) Definitions.--In this section:
``(1) Covered employee.--The term `covered employee', with
respect to an employee occupying a position within an element
of the intelligence community, means an officer or official of
an element of the intelligence community, a contractor of such
an element, a detailee to such an element, or a member of the
Armed Forces assigned to such an element that, based on the
level of access of a person occupying such position to
information regarding sensitive intelligence sources or methods
or other exceptionally sensitive matters, the head of such
element determines should be subject to the requirements of
this section.
``(2) Former covered employee.--The term `former covered
employee' means an individual who was a covered employee on or
after the date of enactment of this section and is no longer a
covered employee.
``(3) State sponsor of terrorism.--The term `state sponsor
of terrorism' means a country the government of which the
Secretary of State determines has repeatedly provided support
for international terrorism pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
``(D) any other provision of law.
``(b) Prohibition on Employment and Services.--No former covered
employee may provide services relating to intelligence, the military,
or internal security to--
``(1) the government of a country that is a state sponsor
of terrorism, the People's Republic of China, or the Russian
Federation;
``(2) a person or entity that is directed and controlled by
a government described in paragraph (1).
``(c) Training and Written Notice.--The head of each element of the
intelligence community shall--
``(1) regularly provide to the covered employees of the
element training on the prohibition in subsection (b); and
``(2) provide to each covered employee of the element
before the covered employee becomes a former covered employee
written notice of the prohibition in subsection (b).
``(d) Limitation on Eligibility for Access to Classified
Information.--A former covered employee who knowingly and willfully
violates subsection (b) shall not be considered eligible for access to
classified information (as defined in the procedures established
pursuant to section 801(a) of this Act (50 U.S.C. 3161(a))) by any
element of the intelligence community.
``(e) Criminal Penalties.--A former employee who knowingly and
willfully violates subsection (b) shall be fined under title 18, United
States Code, or imprisoned for not more than 5 years, or both.
``(f) Application.--Nothing in this section shall apply to--
``(1) a former covered employee who continues to provide
services described in subsection (b) that the former covered
employee first began to provide before the date of the
enactment of this section;
``(2) a former covered employee who, on or after the date
of the enactment of this section, provides services described
in subsection (b) to a person or entity that is directed and
controlled by a country that is a state sponsor of terrorism,
the People's Republic of China, or the Russian Federation as a
result of a merger, acquisition, or similar change of ownership
that occurred after the date on which such former covered
employee first began to provide such services;
``(3) a former covered employee who, on or after the date
of the enactment of this section, provides services described
in subsection (b) to--
``(A) a government that was designated as a state
sponsor of terrorism after the date on which such
former covered employee first began to provide such
services; or
``(B) a person or entity directed and controlled by
a government described in subparagraph (A).''.
(b) Annual Reports.--Not later than March 31 of each year through
2032, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on any violations of
subsection (b) of section 305 of the National Security Act of 1947, as
added by subsection (a) of this section, by former covered employees
(as defined in subsection (a) of such section 305).
(c) Clerical Amendment.--The table of contents immediately
preceding section 2 of the National Security Act of 1947 (50 U.S. C.
3002) is amended by inserting after the item relating to section 304
the following new item:
``Sec. 305. Prohibition on employment with governments of certain
countries.''.
<all>