Sec. 309. Requirements for certain employment activities by former intelligence officers and employees
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Section 304 of the National Security Act of 1947 ( 50 U.S.C. 3073a ) is amended to read as follows: 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. 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.
The regulations required under paragraph
(1)shall provide that an agreement contain provisions requiring each employee occupying a covered intelligence position to, during the 5-year period beginning on the date on which such employee ceases to occupy such covered intelligence position— 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 annually (or more frequently if the head of such element considers it appropriate) report covered post-service employment to the head of such element. Each report by an employee under subparagraph
(A)shall include the following information: The name of the employer. The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. The title and role of the covered post-service position. The nature of the services provided as part of the covered post-service employment. All financial compensation and benefits received or promised for the covered post-service employment. A self-certification that none of the services provided as part of the covered post-service employment violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights. A former employee who knowingly and willfully violates subsection
(a)or who knowingly and willfully fails to make a required report under subsection
(b)shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both. Each report under subsection
(b)shall be subject to section 1001 of title 18, United States Code. The head of an element of the intelligence community shall revoke the security clearance of a former employee if the former employee knowingly and willfully fails to make a required report under subsection
(b)or knowingly and willfully makes a false report under subsection. The head of each element of the intelligence community shall provide training on the reporting requirements under subsection
(b)to each employee who ceases to occupy a covered intelligence position. Not later than March 31 of each year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on covered post-service employment occurring during the year covered by the report. Each report under paragraph
(1)shall include the following: The number of former employees who occupy a covered post-service position, broken down by— the name of the employer; the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and the nature of the services provided as part of the covered post-service employment. A certification by the Director that— each element of the intelligence community maintains adequate systems and processes for ensuring that former employees are submitting reports required under subsection (b); to the knowledge of the heads of the elements of the intelligence community, all former employees who occupy a covered post-service position are in compliance with this section; the services provided by former employees who occupy a covered post-service position do not— pose a current or future threat to the national security of the United States; or pose a counterintelligence risk; and the Director and the heads of such elements are not aware of any credible information or reporting that any individual described in clause
(iii)has engaged in activities that violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights. Each report under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. In addition to the annual reports under subsection (e), if a head of an element of the intelligence community determines that the circumstances described in either clause
(iii)or
(iv)of paragraph
(2)of such subsection occur with respect to a former employee described in those clauses, the head shall notify the congressional intelligence committees of such determination by not later than 7 days after making such determination. The notification shall include the following: The name of the former employee. The name of the employer. The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. As applicable, a description of— the risk to national security, the counterintelligence risk, or both; and the activities that may violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights. In this section: The term covered intelligence position means a position within an element of the intelligence community 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. The term covered post-service employment means direct or indirect employment by, representation of, or any provision of advice or services relating to national security, intelligence, the military, or internal security to the government of a foreign country or any company, entity, or other person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country. The term covered post-service position means a position of employment described in paragraph (2). The term employee , with respect to an employee occupying a covered intelligence position, includes 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. The term former employee means an individual— who was an employee occupying a covered intelligence position; and who is subject to the requirements under subsections
(a)or (b). The term government of a foreign country has the meaning given the term in section 1(e) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(e) ). . Not later than 90 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 updated regulations issued under such section 304, as amended by paragraph (1). 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 written certification for each head of an element of the intelligence community who has issued the updated regulations under such section 304, as amended by paragraph (1); and for each head of an element of the intelligence community who has not issued such updated regulations, an explanation for the failure to issue such updated regulations. In the first report submitted by the Director of National Intelligence under subsection
(e)of such section 304, as amended by paragraph (1), the Director shall include an assessment of the licensing requirements under the Arms Export Control Act ( 22 U.S.C. 2751 et seq.) and recommendations with respect to strengthening the activities regulated under such section 304. The table of sections at the beginning of such Act is amended by striking the item relating to section 304 and inserting the following new item: Sec. 304. Requirements for certain employment activities by former intelligence officers and employees. .
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Sec. 309
Requirements for certain employment activities by former intelligence officers and employees
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