II 117th CONGRESS 2d Session S. 5250 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. 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.