[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5250 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5250
To modify requirements for certain employment activities by former
intelligence officers and employees of the intelligence community, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 14, 2022
Mr. Cornyn (for himself, Mr. King, and Mrs. Gillibrand) introduced the
following bill; which was read twice and referred to the Select
Committee on Intelligence
_______________________________________________________________________
A BILL
To modify requirements for certain employment activities by former
intelligence officers and employees of the intelligence community, 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. MODIFICATION OF REQUIREMENTS FOR CERTAIN EMPLOYMENT
ACTIVITIES BY FORMER INTELLIGENCE OFFICERS AND EMPLOYEES.
(a) In General.--Subsections (a) and (b) of section 304 of the
National Security Act of 1947 (50 U.S.C. 3073a) are amended to read as
follows:
``(a) Post-Employment Restrictions.--
``(1) Covered post-service position.--
``(A) Permanent restriction.--Except as provided by
paragraph (2)(A)(i), an employee of an element of the
intelligence community who occupies a covered
intelligence position may not occupy a covered post-
service position for a designated prohibited foreign
country following the date on which the employee ceases
to occupy a covered intelligence position.
``(B) Temporary restriction.--Except as provided by
paragraph (2)(A)(ii), an employee of an element of the
intelligence community who occupies a covered
intelligence position may not occupy a covered post-
service position during the 30-month period following
the date on which the employee ceases to occupy a
covered intelligence position.
``(2) Waiver.--
``(A) Authority to grant temporary waiver.--
``(i) Waivers of permanent restriction.--On
a case-by-case basis, the Director of National
Intelligence may temporarily waive the
restriction in paragraph (1)(A) with respect to
an employee or former employee who is subject
to that restriction only after--
``(I) the employee or former
employee submits to the Director a
written application for such waiver in
such form and manner as the Director
determines appropriate;
``(II) the Director determines that
not granting such waiver would result
in a grave detrimental impact to
current or future intelligence
operations of the United States; and
``(III) the Director provides the
congressional intelligence committees
with a detailed justification stating
why not granting such waiver would
result in a grave detrimental impact to
current or future intelligence
operations of the United States.
``(ii) Waivers of temporary restriction.--
On a case-by-case basis, the Director may
temporarily waive the restriction in paragraph
(1)(B) with respect to an employee or former
employee who is subject to that restriction
only after--
``(I) the employee or former
employee submits to the Director a
written application for such waiver in
such form and manner as the Director
determines appropriate; and
``(II) the Director determines that
such waiver is necessary to advance the
national security interests of the
United States.
``(B) Period of waiver.--A waiver issued under
subparagraph (A) shall apply for a period not exceeding
5 years. The Director may renew such a waiver.
``(C) Revocation.--The Director may revoke a waiver
issued under subparagraph (A) to an employee or former
employee, effective on the date that is 60 days after
the date on which the Director provides the employee or
former employee written notice of such revocation.
``(D) Tolling.--The 30-month restriction in
paragraph (1)(B) shall be tolled for an employee or
former employee during the period beginning on the date
on which a waiver is issued under subparagraph (A) and
ending on the date on which the waiver expires or on
the effective date of a revocation under subparagraph
(C), as the case may be.
``(E) Notification.--Not later than 30 days after
the date on which the Director issues a waiver under
subparagraph (A) or a revocation of a waiver under
subparagraph (C), the Director shall submit to the
congressional intelligence committees written
notification of the waiver or revocation, as the case
may be. Such notification shall include the following:
``(i) With respect to a waiver issued to an
employee or former employee--
``(I) the details of the
application, including the covered
intelligence position held or formerly
held by the employee or former
employee;
``(II) the nature of the activities
of the employee or former employee
after ceasing to occupy a covered
intelligence position;
``(III) a description of the
national security interests that will
be advanced by reason of issuing such
waiver; and
``(IV) the specific reasons why the
Director determines that issuing such
waiver will advance such interests.
``(ii) With respect to a revocation of a
waiver issued to an employee or former
employee--
``(I) the details of the waiver,
including any renewals of such waiver,
and the dates of such waiver and
renewals; and
``(II) the specific reasons why the
Director determined that such
revocation is warranted.
``(b) Covered Post-Service Employment Reporting.--
``(1) Requirement.--During the period described in
paragraph (2), an employee who ceases to occupy a covered
intelligence position shall--
``(A) report covered post-service employment to the
head of the element of the intelligence community that
employed such employee in such covered intelligence
position upon accepting such covered post-service
employment; and
``(B) annually (or more frequently if the head of
such element considers it appropriate) report covered
post-service employment to the head of such element.
``(2) Period described.--The period described in this
paragraph is the period beginning on the date on which an
employee ceases to occupy a covered intelligence position.
``(3) Regulations.--The head of each element of the
intelligence community shall issue regulations requiring, as a
condition of employment, each employee of such element
occupying a covered intelligence position to sign a written
agreement requiring the regular reporting of covered post-
service employment to the head of such element pursuant to
paragraph (1).''.
(b) Definition of Designated Prohibited Foreign Country.--
Subsection (g) of such section is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Designated prohibited foreign country.--The term
`designated prohibited foreign country' means the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Democratic People's Republic of Korea.
``(D) The Islamic Republic of Iran.
``(E) The Republic of Cuba.
``(F) The Syrian Arab Republic.''.
(c) Additional Written Notice.--
(1) In general.--Subsection (d) of such section is amended
by adding at the end the following:
``(3) Written notice about restrictions.--The head of each
element of the intelligence community shall provide written
notice of the restrictions under subsection (a) to any person
who may be subject to such restrictions on or after the date of
enactment of the Intelligence Authorization Act for Fiscal Year
2023--
``(A) when the head of the element determines that
such person may become subject to such covered
intelligence position restrictions; and
``(B) before the person ceases to occupy a covered
intelligence position.''.
(2) Conforming amendment.--Paragraph (2) of such subsection
is amended in the paragraph heading by adding ``about reporting
requirements'' after ``Written notice''.
(d) Revised Regulations.--
(1) Definition of covered intelligence position.--In this
subsection,
(A) Congressional intelligence committees and
intelligence community.--The terms ``congressional
intelligence committees'' and ``intelligence
community'' have the meanings given such terms in
section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(B) Covered intelligence position.--The term
``covered intelligence position'' has the meaning given
such term by such section 304.
(2) Submission.--Not later than 30 days after the date of
the enactment of this Act, the head of each element of the
intelligence community shall submit to the congressional
intelligence committees new or updated regulations issued to
carry out such section 304, as amended by subsections (a), (b),
and (c) of this section.
(3) Requirements.--The regulations issued under paragraph
(1) shall--
(A) include provisions that advise personnel of the
intelligence community of the appropriate manner in
which such personnel may opt out of positions that--
(i) have been designated as covered
intelligence positions before the effective
date established in subsection (e) of this
section; or
(ii) may be designated as covered
intelligence provisions before such designation
becomes final; and
(B) establish a period of not fewer than 30 days
and not more than 60 days after receipt of the written
notice required under paragraph (3) of subsection (d)
of such section 304, as added by subsection (c)(1) of
this section, within which such personnel may opt out
of a covered intelligence position and the accompanying
obligations imposed by subsection (a)(1)(A) of such
section 304, as amended by subsection (a) of this
section.
(4) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees--
(A) a written certification for each head of an
element of the intelligence community who has issued
new or updated regulations pursuant to paragraph (2);
and
(B) for each head of an element of the intelligence
community who has not issued such new or updated
regulations, an explanation for the failure to issue
such new or updated regulations.
(e) Effective Date of Permanent Restrictions.--Subsection (a)(1)(A)
of such section 304, as amended by subsection (a) of this section,
shall apply only to persons who occupy a covered intelligence position
on or after the date that is 45 days after the date on which new or
updated regulations are issued under subsection (d)(2) of this section.
(f) Repeal.--Section 402 of the Intelligence Authorization Act for
Fiscal Year 1997 (Public Law 104-293) is hereby repealed.
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