1. (a) In general The head of each element of the intelligence community shall issue regulations requiring each employee of such element occupying a covered position to sign a written agreement requiring the regular reporting of covered employment to the head of such element.

2. (b) Agreement elements The regulations required under subsection (a) shall provide that an agreement contain provisions requiring each employee occupying a covered position to, during the two-year period beginning on the date on which such employee ceases to occupy such covered position—

   1. (1) report covered employment to the head of the element of the intelligence community that employed such employee in such covered position upon accepting such covered employment; and
   2. (2) annually (or more frequently if the head of such element considers it appropriate) report covered employment to the head of such element.

3. (c) Definitions In this section:

   1. (1) Covered employment The term “covered employment” means direct employment by, representation of, or the provision of advice relating to national security to the government of a foreign country or any 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.
   2. (2) Covered position The term “covered 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.
   3. (3) Government of a foreign country The term “government of a foreign country” has the meaning given the term in section 611(e) of title 22.

(July 26, 1947, ch. 343, title III, § 304, as added Pub. L. 113–293, title III, § 305(a), Dec. 19, 2014, 128 Stat. 3995.)

Prior Provisions

A 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 Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632.

Regulations and Certification

Pub. L. 113–293, title III, § 305(b), Dec. 19, 2014, 128 Stat. 3996, provided that:

1. “(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. “(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—

   1. “(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
   2. “(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(b) of Pub. L. 113–293, set out above, see section 2 of Pub. L. 113–293, set out as a note under section 3003 of this title.]