I 116TH CONGRESS 1ST SESSION H. R. 3997 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to prohibit individuals with security clearances from being employed by certain entities. IN THE HOUSE OF REPRESENTATIVES JULY 25, 2019 Mr. BANKS introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Permanent Select Com- mittee on Intelligence, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to prohibit individuals with security clear- ances from being employed by certain entities. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safe Career Transi- 4 tions for Intelligence and National Security Profes- 5 sionals’’. 6 VerDate Sep 11 2014 02:49 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3997.IH H3997 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3997 IH SEC. 2. PROHIBITION ON INDIVIDUALS WITH SECURITY 1 CLEARANCES FROM BEING EMPLOYED BY 2 CERTAIN ENTITIES. 3 (a) PROHIBITION.—Section 3002 of the Intelligence 4 Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 5 3343) is amended by adding at the end the following new 6 subsection: 7 ‘‘(e) PROHIBITION ON CERTAIN EMPLOYMENT.— 8 ‘‘(1) PROHIBITION.—A covered person may not 9 be employed by, contract with, or otherwise receive 10 funding from, any covered entity during the fol- 11 lowing periods: 12 ‘‘(A) A period in which the person holds a 13 security clearance. 14 ‘‘(B) The 5-year period beginning on the 15 date that the security clearance of a person be- 16 comes inactive. 17 ‘‘(2) PENALTIES.—Any person who knowingly 18 violates the prohibition in paragraph (1) shall be 19 fined under title 18, United States Code, or impris- 20 oned for not more than 5 years, or both. 21 ‘‘(3) NOTIFICATION.—A person who holds a se- 22 curity clearance shall be notified of the prohibition 23 in paragraph (1), including a list of the covered enti- 24 ties, as follows: 25 VerDate Sep 11 2014 02:49 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3997.IH H3997 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3997 IH ‘‘(A) At the time at which the person is 1 issued the security clearance. 2 ‘‘(B) At the time at which the security 3 clearance of the person is renewed. 4 ‘‘(C) At the time at which the security 5 clearance of the person becomes inactive. 6 ‘‘(4) COVERED ENTITY.— 7 ‘‘(A) DEFINITION.—Subject to subpara- 8 graph (B), in this subsection, the term ‘covered 9 entity’ means any of the following entities (in- 10 cluding any subsidiary or affiliate of such enti- 11 ties): 12 ‘‘(i) Huawei Technologies Company. 13 ‘‘(ii) ZTE Corporation. 14 ‘‘(iii) Hytera Communications Cor- 15 poration. 16 ‘‘(iv) Hangzhou Hikvision Digital 17 Technology Company. 18 ‘‘(v) Dahua Technology Company. 19 ‘‘(vi) Kaspersky Lab. 20 ‘‘(B) MODIFICATIONS.—The Director of 21 National Intelligence, in consultation with the 22 Secretary of Defense or the Director of the 23 Federal Bureau of Investigation, may add or 24 remove entities to the list of covered entities in 25 VerDate Sep 11 2014 02:49 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3997.IH H3997 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3997 IH subparagraph (A) based on whether the Direc- 1 tor determines there is reasonable belief that 2 the entity is owned or controlled by, or other- 3 wise connected to or receiving financial support 4 from, the government of the People’s Republic 5 of China, the government of the Russian Fed- 6 eration, the government of the Islamic Republic 7 of Iran, or the government of the Democratic 8 People’s Republic of Korea.’’. 9 (b) APPLICATION.— 10 (1) IN GENERAL.—Subsection (e) of section 11 3002 of the Intelligence Reform and Terrorism Pre- 12 vention Act of 2004 (50 U.S.C. 3343) shall apply 13 with respect to an individual who is employed by, 14 contracts with, or otherwise receives funding from, 15 any covered entity under such subsection on or after 16 the date of the enactment of this Act. 17 (2) NOTIFICATION.—Not later than 30 days 18 after the date of the enactment of this Act, each 19 person who holds a security clearance as of such 20 date shall be notified of the prohibition in such sub- 21 section (e), including a list of the covered entities 22 under such subsection. 23 Æ VerDate Sep 11 2014 02:49 Aug 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3997.IH H3997 pamtmann on DSKBFK8HB2PROD with BILLS