Title: A bill to modify requirements for certain employment activities by former intelligence officers and employees of the intelligence community, and for other purposes.
Policy area: Armed Forces and National Security

Summary:
This bill permanently prohibits certain federal employees in the intelligence community, after their federal employment, from taking positions serving specified foreign countries.

[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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