[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[Senate]
[Pages S7201-S7202]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CORNYN (for himself, Mr. King, and Mrs. Gillibrand):
S. 5250. A bill to modify requirements for certain employment
activities by former intelligence officers and employees of the
intelligence community, and for other purposes; to the Select Committee
on Intelligence.
Mr. CORNYN. President, I ask unanimous consent to print my bill for
introduction in the Congressional Record. The bill modifies
requirements for certain employment activities by former intelligence
officers and employees of the intelligence community.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 5250
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,
[[Page S7202]]
(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.
____________________