[Congressional Record Volume 168, Number 106 (Wednesday, June 22, 2022)]
[Senate]
[Pages S3078-S3079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. King, Mr. Sasse, and Mrs. 
        Gillibrand):
  S. 4456. 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; 
to the Select Committee on Intelligence.
  Mr. CORNYN. Mr. President, I ask unanimous consent to print my bill 
for introduction in the Congressional Record. The bill prohibits 
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.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4456

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

[[Page S3079]]

  


     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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