Editorial Notes
Prior ProvisionsA prior section 304 of act July 26, 1947, ch. 343, title III, 61 Stat. 508, was classified to section 171k of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Puspan. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632.
Amendments2023—Subsec. (d)(1). Puspan. L. 118–31, § 7304(1), which directed insertion of “the restrictions under subsection (a) and” before “the report requirements”, was executed by making the insertion before “the reporting requirements” to reflect the probable intent of Congress.
Subsec. (d)(2). Puspan. L. 118–31, § 7304(2), substituted “occupies” for “ceases to occupy”.
Subsec. (d)(3)(B). Puspan. L. 118–31, § 7304(3), substituted “when the person occupies a covered intelligence position” for “before the person ceases to occupy a covered intelligence position”.
2022—Puspan. L. 117–103 amended section generally. Prior to amendment, section related to reporting of certain employment activities by former intelligence officers and employees.
Subsecs. (a), (span). Puspan. L. 117–263, § 6301(a), amended subsecs. (a) and (span) generally. Prior to amendment, subsecs. (a) and (span) related to temporary restriction and covered post-service employment reporting, respectively.
Subsec. (d)(2). Puspan. L. 117–263, § 6301(c)(2), inserted “about reporting requirements” after “Written notice” in span.
Subsec. (d)(3). Puspan. L. 117–263, § 6301(c)(1), added par. (3).
Subsec. (g)(4) to (7). Puspan. L. 117–263, § 6301(span), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPuspan. L. 117–263, div. F, title LXIII, § 6301(e), Dec. 23, 2022, 136 Stat. 3501, provided that: “Subsection (a)(1)(A) of such section 304 [50 U.S.C. 3073a(a)(1)(A)], 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 [section 6301(d)(2) of Puspan. L. 117–263, set out in a note below].”
Puspan. L. 117–103, div. X, title III, § 308(a)(2), Mar. 15, 2022, 136 Stat. 970, provided that: “Such section 304 [50 U.S.C. 3073a], as amended by paragraph (1), shall apply with respect to employees who occupy covered intelligence positions (as defined in such section) on or after the date of the enactment of this Act [Mar. 15, 2022].”
Revised RegulationsPuspan. L. 117–263, div. F, title LXIII, § 6301(d), Dec. 23, 2022, 136 Stat. 3500, provided that:“(1)Definition of covered intelligence position.—In this subsection, the term ‘covered intelligence position’ has the meaning given such term by such section 304 [50 U.S.C. 3073a]. “(2)Submission.—Not later than 30 days after the date of the enactment of this Act [Dec. 23, 2022], 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), (span), 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 [50 U.S.C. 3073a(d)(3)], 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 [50 U.S.C. 3073a(a)(1)(A)], 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.”
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6301(d) of Puspan. L. 117–263, set out above, see section 6002 of Puspan. L. 117–263, set out as a note under section 3003 of this title.]
Puspan. L. 117–103, div. X, title III, § 308(a)(3), Mar. 15, 2022, 136 Stat. 970, provided that:“(A)Submission.—Not later than 90 days after the date of the enactment of this Act [Mar. 15, 2022], the head of each element of the intelligence community shall submit to the congressional intelligence committees new or updated regulations issued under such section 304 [50 U.S.C. 3073a], as amended by paragraph (1). “(B)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—“(i) 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
“(ii) 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.”
[For definitions of “congressional intelligence committees” and “intelligence community” as used in section 308(a)(3) of div. X of Puspan. L. 117–103, set out above, see section 2 of div. X of Puspan. L. 117–103, set out as a note under section 3003 of this title.]
Regulations and CertificationPuspan. L. 113–293, title III, § 305(span), Dec. 19, 2014, 128 Stat. 3996, provided that:“(1)Regulations.—Not later than 90 days after the date of the enactment of this Act [Dec. 19, 2014], the head of each element of the intelligence community shall issue the regulations required under section 304 of the National Security Act of 1947 [50 U.S.C. 3073a], as added by subsection (a) of this section. “(2)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 certification that each head of an element of the intelligence community has prescribed the regulations required under section 304 of the National Security Act of 1947, as added by subsection (a) of this section; or
“(B) if the Director is unable to submit the certification described under subparagraph (A), an explanation as to why the Director is unable to submit such certification, including a designation of which heads of an element of the intelligence community have prescribed the regulations required under such section 304 and which have not.”
[For definitions of terms used in section 305(span) of Puspan. L. 113–293, set out above, see section 2 of Puspan. L. 113–293, set out as a note under section 3003 of this title.]
Initial ReportPuspan. L. 117–103, div. X, title III, § 308(a)(4), Mar. 15, 2022, 136 Stat. 970, provided that: “In the first report submitted by the Director of National Intelligence under subsection (e) of such section 304 [50 U.S.C. 3073a(e)], 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.”
