Intelligence Authorization Act for Fiscal Year 2023

“(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).”