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.
Bill: S.4456 | Sponsor: Sen. Cornyn, John (R-TX)
Policy area: Armed Forces and National Security

Summary:
This bill prohibits certain former employees of any intelligence community element from providing services related to intelligence, military, or internal security to the government of China, Russia, or a country that is a state sponsor of terrorism.
Generally, this restriction shall apply to any employee, including any contractor or detailee, who had a level of access to sensitive information such that the relevant intelligence community element determines that such restrictions are necessary.

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.''.
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