[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]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      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.

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