II 

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. 

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

3 SECTION 1. MODIFICATION OF REQUIREMENTS FOR CER4 TAIN EMPLOYMENT ACTIVITIES BY FORMER 

5 INTELLIGENCE OFFICERS AND EMPLOYEES. 

6 (a) IN GENERAL.—Subsections (a) and (b) of section 

7 304 of the National Security Act of 1947 (50 U.S.C. 

8 3073a) are amended to read as follows: 

9 ‘‘(a) POST-EMPLOYMENT RESTRICTIONS.— 


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1 ‘‘(1) COVERED POST-SERVICE POSITION.— 

2 ‘‘(A) PERMANENT RESTRICTION.—Except 

3 as provided by paragraph (2)(A)(i), an em4 ployee of an element of the intelligence commu5 nity who occupies a covered intelligence position 

6 may not occupy a covered post-service position 

7 for a designated prohibited foreign country fol8 lowing the date on which the employee ceases to 

9 occupy a covered intelligence position. 

10 ‘‘(B) TEMPORARY RESTRICTION.—Except 

11 as provided by paragraph (2)(A)(ii), an em12 ployee of an element of the intelligence commu13 nity who occupies a covered intelligence position 

14 may not occupy a covered post-service position 

15 during the 30-month period following the date 

16 on which the employee ceases to occupy a cov17 ered intelligence position. 

18 ‘‘(2) WAIVER.— 

19 ‘‘(A) AUTHORITY TO GRANT TEMPORARY

20 WAIVER.— 

21 ‘‘(i) WAIVERS OF PERMANENT RE22 STRICTION.—On a case-by-case basis, the 

23 Director of National Intelligence may tem24 porarily waive the restriction in paragraph 

25 (1)(A) with respect to an employee or 


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1 former employee who is subject to that re2 striction only after— 

3 ‘‘(I) the employee or former em4 ployee submits to the Director a writ5 ten application for such waiver in 

6 such form and manner as the Director 

7 determines appropriate; 

8 ‘‘(II) the Director determines 

9 that not granting such waiver would 

10 result in a grave detrimental impact 

11 to current or future intelligence oper12 ations of the United States; and 

13 ‘‘(III) the Director provides the 

14 congressional intelligence committees 

15 with a detailed justification stating 

16 why not granting such waiver would 

17 result in a grave detrimental impact 

18 to current or future intelligence oper19 ations of the United States. 

20 ‘‘(ii) WAIVERS OF TEMPORARY RE21 STRICTION.—On a case-by-case basis, the 

22 Director may temporarily waive the restric23 tion in paragraph (1)(B) with respect to 

24 an employee or former employee who is 

25 subject to that restriction only after— 


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1 ‘‘(I) the employee or former em2 ployee submits to the Director a writ3 ten application for such waiver in 

4 such form and manner as the Director 

5 determines appropriate; and 

6 ‘‘(II) the Director determines 

7 that such waiver is necessary to ad8 vance the national security interests 

9 of the United States. 

10 ‘‘(B) PERIOD OF WAIVER.—A waiver 

11 issued under subparagraph (A) shall apply for 

12 a period not exceeding 5 years. The Director 

13 may renew such a waiver. 

14 ‘‘(C) REVOCATION.—The Director may re15 voke a waiver issued under subparagraph (A) to 

16 an employee or former employee, effective on 

17 the date that is 60 days after the date on which 

18 the Director provides the employee or former 

19 employee written notice of such revocation. 

20 ‘‘(D) TOLLING.—The 30-month restriction 

21 in paragraph (1)(B) shall be tolled for an em22 ployee or former employee during the period be23 ginning on the date on which a waiver is issued 

24 under subparagraph (A) and ending on the date 

25 on which the waiver expires or on the effective 


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1 date of a revocation under subparagraph (C), 

2 as the case may be. 

3 ‘‘(E) NOTIFICATION.—Not later than 30 

4 days after the date on which the Director issues 

5 a waiver under subparagraph (A) or a revoca6 tion of a waiver under subparagraph (C), the 

7 Director shall submit to the congressional intel8 ligence committees written notification of the 

9 waiver or revocation, as the case may be. Such 

10 notification shall include the following: 

11 ‘‘(i) With respect to a waiver issued to 

12 an employee or former employee— 

13 ‘‘(I) the details of the applica14 tion, including the covered intelligence 

15 position held or formerly held by the 

16 employee or former employee; 

17 ‘‘(II) the nature of the activities 

18 of the employee or former employee 

19 after ceasing to occupy a covered in20 telligence position; 

21 ‘‘(III) a description of the na22 tional security interests that will be 

23 advanced by reason of issuing such 

24 waiver; and 


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1 ‘‘(IV) the specific reasons why 

2 the Director determines that issuing 

3 such waiver will advance such inter4 ests. 

5 ‘‘(ii) With respect to a revocation of a 

6 waiver issued to an employee or former 

7 employee— 

8 ‘‘(I) the details of the waiver, in9 cluding any renewals of such waiver, 

10 and the dates of such waiver and re11 newals; and 

12 ‘‘(II) the specific reasons why the 

13 Director determined that such revoca14 tion is warranted. 

15 ‘‘(b) COVERED POST-SERVICE EMPLOYMENT RE16 PORTING.— 

17 ‘‘(1) REQUIREMENT.—During the period de18 scribed in paragraph (2), an employee who ceases to 

19 occupy a covered intelligence position shall— 

20 ‘‘(A) report covered post-service employ21 ment to the head of the element of the intel22 ligence community that employed such employee 

23 in such covered intelligence position upon ac24 cepting such covered post-service employment; 

25 and 


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1 ‘‘(B) annually (or more frequently if the 

2 head of such element considers it appropriate) 

3 report covered post-service employment to the 

4 head of such element. 

5 ‘‘(2) PERIOD DESCRIBED.—The period de6 scribed in this paragraph is the period beginning on 

7 the date on which an employee ceases to occupy a 

8 covered intelligence position. 

9 ‘‘(3) REGULATIONS.—The head of each element 

10 of the intelligence community shall issue regulations 

11 requiring, as a condition of employment, each em12 ployee of such element occupying a covered intel13 ligence position to sign a written agreement requir14 ing the regular reporting of covered post-service em15 ployment to the head of such element pursuant to 

16 paragraph (1).’’. 

17 (b) DEFINITION OF DESIGNATED PROHIBITED FOR18 EIGN COUNTRY.—Subsection (g) of such section is amend19 ed— 

20 (1) by redesignating paragraphs (4) through 

21 (6) as paragraphs (5) through (7), respectively; and 

22 (2) by inserting after paragraph (3) the fol23 lowing: 


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1 ‘‘(4) DESIGNATED PROHIBITED FOREIGN COUN2 TRY.—The term ‘designated prohibited foreign coun3 try’ means the following: 

4 ‘‘(A) The People’s Republic of China. 

5 ‘‘(B) The Russian Federation. 

6 ‘‘(C) The Democratic People’s Republic of 

7 Korea. 

8 ‘‘(D) The Islamic Republic of Iran. 

9 ‘‘(E) The Republic of Cuba. 

10 ‘‘(F) The Syrian Arab Republic.’’. 

11 (c) ADDITIONAL WRITTEN NOTICE.— 

12 (1) IN GENERAL.—Subsection (d) of such sec13 tion is amended by adding at the end the following: 

14 ‘‘(3) WRITTEN NOTICE ABOUT RESTRIC15 TIONS.—The head of each element of the intelligence 

16 community shall provide written notice of the re17 strictions under subsection (a) to any person who 

18 may be subject to such restrictions on or after the 

19 date of enactment of the Intelligence Authorization 

20 Act for Fiscal Year 2023— 

21 ‘‘(A) when the head of the element deter22 mines that such person may become subject to 

23 such covered intelligence position restrictions; 

24 and 


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1 ‘‘(B) before the person ceases to occupy a 

2 covered intelligence position.’’. 

3 (2) CONFORMING AMENDMENT.—Paragraph (2) 

4 of such subsection is amended in the paragraph 

5 heading by adding ‘‘ABOUT REPORTING REQUIRE6 MENTS’’ after ‘‘WRITTEN NOTICE’’. 

7 (d) REVISED REGULATIONS.— 

8 (1) DEFINITION OF COVERED INTELLIGENCE

9 POSITION.—In this subsection, 

10 (A) CONGRESSIONAL INTELLIGENCE COM11 MITTEES AND INTELLIGENCE COMMUNITY.— 

12 The terms ‘‘congressional intelligence commit13 tees’’ and ‘‘intelligence community’’ have the 

14 meanings given such terms in section 3 of the 

15 National Security Act of 1947 (50 U.S.C. 

16 3003). 

17 (B) COVERED INTELLIGENCE POSITION.— 

18 The term ‘‘covered intelligence position’’ has 

19 the meaning given such term by such section 

20 304. 

21 (2) SUBMISSION.—Not later than 30 days after 

22 the date of the enactment of this Act, the head of 

23 each element of the intelligence community shall 

24 submit to the congressional intelligence committees 

25 new or updated regulations issued to carry out such 


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1 section 304, as amended by subsections (a), (b), and 

2 (c) of this section. 

3 (3) REQUIREMENTS.—The regulations issued 

4 under paragraph (1) shall— 

5 (A) include provisions that advise per6 sonnel of the intelligence community of the ap7 propriate manner in which such personnel may 

8 opt out of positions that— 

9 (i) have been designated as covered 

10 intelligence positions before the effective 

11 date established in subsection (e) of this 

12 section; or 

13 (ii) may be designated as covered in14 telligence provisions before such designa15 tion becomes final; and 

16 (B) establish a period of not fewer than 30 

17 days and not more than 60 days after receipt 

18 of the written notice required under paragraph 

19 (3) of subsection (d) of such section 304, as 

20 added by subsection (c)(1) of this section, with21 in which such personnel may opt out of a cov22 ered intelligence position and the accompanying 

23 obligations imposed by subsection (a)(1)(A) of 

24 such section 304, as amended by subsection (a) 

25 of this section. 


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1 (4) CERTIFICATION.—Not later than 180 days 

2 after the date of the enactment of this Act, the Di3 rector of National Intelligence shall submit to the 

4 congressional intelligence committees— 

5 (A) a written certification for each head of 

6 an element of the intelligence community who 

7 has issued new or updated regulations pursuant 

8 to paragraph (2); and 

9 (B) for each head of an element of the in10 telligence community who has not issued such 

11 new or updated regulations, an explanation for 

12 the failure to issue such new or updated regula13 tions. 

14 (e) EFFECTIVE DATE OF PERMANENT RESTRIC15 TIONS.—Subsection (a)(1)(A) of such section 304, as 

16 amended by subsection (a) of this section, shall apply only 

17 to persons who occupy a covered intelligence position on 

18 or after the date that is 45 days after the date on which 

19 new or updated regulations are issued under subsection 

20 (d)(2) of this section. 

21 (f) REPEAL.—Section 402 of the Intelligence Author22 ization Act for Fiscal Year 1997 (Public Law 104–293) 

23 is hereby repealed. 

Æ 


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