117 S4456 IS: 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. U.S. Senate 2022-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II117th CONGRESS2d SessionS. 4456IN THE SENATE OF THE UNITED STATESJune 22, 2022Mr. 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 IntelligenceA BILLTo 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.
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:
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..