II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROHIBITION ON EMPLOYMENT WITH GOVERN4 MENTS OF CERTAIN COUNTRIES. 

5 (a) IN GENERAL.—Title III of the National Security 

6 Act of 1947 (50 U.S.C. 3091 et seq.) is amended by in7 serting after section 304 the following: 


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1 ‘‘SEC. 305. PROHIBITION ON EMPLOYMENT WITH GOVERN2 MENTS OF CERTAIN COUNTRIES. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) COVERED EMPLOYEE.—The term ‘covered 

5 employee’, with respect to an employee occupying a 

6 position within an element of the intelligence com7 munity, means an officer or official of an element of 

8 the intelligence community, a contractor of such an 

9 element, a detailee to such an element, or a member 

10 of the Armed Forces assigned to such an element 

11 that, based on the level of access of a person occu12 pying such position to information regarding sen13 sitive intelligence sources or methods or other excep14 tionally sensitive matters, the head of such element 

15 determines should be subject to the requirements of 

16 this section. 

17 ‘‘(2) FORMER COVERED EMPLOYEE.—The term 

18 ‘former covered employee’ means an individual who 

19 was a covered employee on or after the date of en20 actment of this section and is no longer a covered 

21 employee. 

22 ‘‘(3) STATE SPONSOR OF TERRORISM.—The 

23 term ‘state sponsor of terrorism’ means a country 

24 the government of which the Secretary of State de25 termines has repeatedly provided support for inter26 national terrorism pursuant to— 


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1 ‘‘(A) section 1754(c)(1)(A) of the Export 

2 Control Reform Act of 2018 (50 U.S.C. 

3 4813(c)(1)(A)); 

4 ‘‘(B) section 620A of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2371); 

6 ‘‘(C) section 40 of the Arms Export Con7 trol Act (22 U.S.C. 2780); or 

8 ‘‘(D) any other provision of law. 

9 ‘‘(b) PROHIBITION ON EMPLOYMENT AND SERV10 ICES.—No former covered employee may provide services 

11 relating to intelligence, the military, or internal security 

12 to— 

13 ‘‘(1) the government of a country that is a state 

14 sponsor of terrorism, the People’s Republic of China, 

15 or the Russian Federation; 

16 ‘‘(2) a person or entity that is directed and con17 trolled by a government described in paragraph (1). 

18 ‘‘(c) TRAINING AND WRITTEN NOTICE.—The head of 

19 each element of the intelligence community shall— 

20 ‘‘(1) regularly provide to the covered employees 

21 of the element training on the prohibition in sub22 section (b); and 

23 ‘‘(2) provide to each covered employee of the 

24 element before the covered employee becomes a 


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1 former covered employee written notice of the prohi2 bition in subsection (b). 

3 ‘‘(d) LIMITATION ON ELIGIBILITY FOR ACCESS TO

4 CLASSIFIED INFORMATION.—A former covered employee 

5 who knowingly and willfully violates subsection (b) shall 

6 not be considered eligible for access to classified informa7 tion (as defined in the procedures established pursuant to 

8 section 801(a) of this Act (50 U.S.C. 3161(a))) by any 

9 element of the intelligence community. 

10 ‘‘(e) CRIMINAL PENALTIES.—A former employee who 

11 knowingly and willfully violates subsection (b) shall be 

12 fined under title 18, United States Code, or imprisoned 

13 for not more than 5 years, or both. 

14 ‘‘(f) APPLICATION.—Nothing in this section shall 

15 apply to— 

16 ‘‘(1) a former covered employee who continues 

17 to provide services described in subsection (b) that 

18 the former covered employee first began to provide 

19 before the date of the enactment of this section; 

20 ‘‘(2) a former covered employee who, on or 

21 after the date of the enactment of this section, pro22 vides services described in subsection (b) to a person 

23 or entity that is directed and controlled by a country 

24 that is a state sponsor of terrorism, the People’s Re25 public of China, or the Russian Federation as a reVerDate Sep 11 2014 23:12 Jun 25, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4456.IS S4456

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1 sult of a merger, acquisition, or similar change of 

2 ownership that occurred after the date on which 

3 such former covered employee first began to provide 

4 such services; 

5 ‘‘(3) a former covered employee who, on or 

6 after the date of the enactment of this section, pro7 vides services described in subsection (b) to— 

8 ‘‘(A) a government that was designated as 

9 a state sponsor of terrorism after the date on 

10 which such former covered employee first began 

11 to provide such services; or 

12 ‘‘(B) a person or entity directed and con13 trolled by a government described in subpara14 graph (A).’’. 

15 (b) ANNUAL REPORTS.—Not later than March 31 of 

16 each year through 2032, the Director of National Intel17 ligence shall submit to the congressional intelligence com18 mittees a report on any violations of subsection (b) of sec19 tion 305 of the National Security Act of 1947, as added 

20 by subsection (a) of this section, by former covered em21 ployees (as defined in subsection (a) of such section 305). 

22 (c) CLERICAL AMENDMENT.—The table of contents 

23 immediately preceding section 2 of the National Security 

24 Act of 1947 (50 U.S. C. 3002) is amended by inserting 


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1 after the item relating to section 304 the following new 

2 item: 

‘‘Sec. 305. Prohibition on employment with governments of certain countries.’’. 

Æ 


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