View all text of Subchapter II [§ 3071 - § 3079]
§ 3073a. Requirements for certain employment activities by former intelligence officers and employees
(a) Post-employment restrictions
(1) Covered post-service position
(A) Permanent restriction
(B) Temporary restriction
(2) Waiver
(A) Authority to grant temporary waiver
(i) Waivers of permanent restrictionOn 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 restrictionOn 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
(C) Revocation
(D) Tolling
(E) NotificationNot 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) RequirementDuring 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
(3) Regulations
(c) Penalties
(1) Criminal penalties
(2) Security clearances
(d) Provision of information
(1) Training
(2) Written notice about reporting requirements
(3) Written notice about restrictionsThe 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 December 23, 2022—
(A) when the head of the element determines that such person may become subject to such covered intelligence position restrictions; and
(B) when the person occupies a covered intelligence position.
(e) Annual reports
(1) Requirement
(2) ElementsEach report under paragraph (1) shall include the following:
(A) The number of former employees who occupy a covered post-service position, broken down by—
(i) the name of the employer;
(ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and
(iii) the nature of the services provided as part of the covered post-service employment.
(B) A certification by the Director that—
(i) each element of the intelligence community maintains adequate systems and processes for ensuring that former employees are submitting reports required under subsection (b);
(ii) 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;
(iii) the services provided by former employees who occupy a covered post-service position do not—(I) pose a current or future threat to the national security of the United States; or(II) pose a counterintelligence risk; and
(iv) the Director and the heads of such elements are not aware of any credible information or reporting that any former employee who occupies a covered post-service position has engaged in activities that violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.
(3) Form
(f) NotificationIn addition to the annual reports under subsection (e), if a head of an element of the intelligence community determines that the services provided by a former employee who occupies a covered post-service position pose a threat or risk described in clause (iii) of paragraph (2)(B) of such subsection, or include activities described in clause (iv) of such paragraph, 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:
(1) The name of the former employee.
(2) The name of the employer.
(3) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed.
(4) As applicable, a description of—
(A) the risk to national security, the counterintelligence risk, or both; and
(B) the activities that may violate Federal law, infringe upon the privacy rights of United States persons, or constitute abuses of human rights.
(g) DefinitionsIn this section:
(1) Covered intelligence position
(2) Covered post-service employment
(3) Covered post-service position
(4) Designated prohibited foreign countryThe 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.
(5) Employee
(6) Former employeeThe term “former employee” means an individual—
(A) who was an employee occupying a covered intelligence position; and
(B) who is subject to the requirements under subsection (a) or (b).
(7) Government of a foreign country
(July 26, 1947, ch. 343, title III, § 304, as added Pub. L. 113–293, title III, § 305(a), Dec. 19, 2014, 128 Stat. 3995; amended Pub. L. 117–103, div. X, title III, § 308(a)(1), Mar. 15, 2022, 136 Stat. 966; Pub. L. 117–263, div. F, title LXIII, § 6301(a)–(c), Dec. 23, 2022, 136 Stat. 3498–3500; Pub. L. 118–31, div. G, title III, § 7304, Dec. 22, 2023, 137 Stat. 1025.)