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 Committee 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 clearances from being employed by certain entities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Career Transi5 tions for Intelligence and National Security Profes6 sionals’’. 


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1 SEC. 2. PROHIBITION ON INDIVIDUALS WITH SECURITY 

2 CLEARANCES FROM BEING EMPLOYED BY 

3 CERTAIN ENTITIES. 

4 (a) PROHIBITION.—Section 3002 of the Intelligence 

5 Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 

6 3343) is amended by adding at the end the following new 

7 subsection: 

8 ‘‘(e) PROHIBITION ON CERTAIN EMPLOYMENT.— 

9 ‘‘(1) PROHIBITION.—A covered person may not 

10 be employed by, contract with, or otherwise receive 

11 funding from, any covered entity during the fol12 lowing periods: 

13 ‘‘(A) A period in which the person holds a 

14 security clearance. 

15 ‘‘(B) The 5-year period beginning on the 

16 date that the security clearance of a person be17 comes inactive. 

18 ‘‘(2) PENALTIES.—Any person who knowingly 

19 violates the prohibition in paragraph (1) shall be 

20 fined under title 18, United States Code, or impris21 oned for not more than 5 years, or both. 

22 ‘‘(3) NOTIFICATION.—A person who holds a se23 curity clearance shall be notified of the prohibition 

24 in paragraph (1), including a list of the covered enti25 ties, as follows: 


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1 ‘‘(A) At the time at which the person is 

2 issued the security clearance. 

3 ‘‘(B) At the time at which the security 

4 clearance of the person is renewed. 

5 ‘‘(C) At the time at which the security 

6 clearance of the person becomes inactive. 

7 ‘‘(4) COVERED ENTITY.— 

8 ‘‘(A) DEFINITION.—Subject to subpara9 graph (B), in this subsection, the term ‘covered 

10 entity’ means any of the following entities (in11 cluding any subsidiary or affiliate of such enti12 ties): 

13 ‘‘(i) Huawei Technologies Company. 

14 ‘‘(ii) ZTE Corporation. 

15 ‘‘(iii) Hytera Communications Cor16 poration. 

17 ‘‘(iv) Hangzhou Hikvision Digital 

18 Technology Company. 

19 ‘‘(v) Dahua Technology Company. 

20 ‘‘(vi) Kaspersky Lab. 

21 ‘‘(B) MODIFICATIONS.—The Director of 

22 National Intelligence, in consultation with the 

23 Secretary of Defense or the Director of the 

24 Federal Bureau of Investigation, may add or 

25 remove entities to the list of covered entities in 


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1 subparagraph (A) based on whether the Direc2 tor determines there is reasonable belief that 

3 the entity is owned or controlled by, or other4 wise connected to or receiving financial support 

5 from, the government of the People’s Republic 

6 of China, the government of the Russian Fed7 eration, the government of the Islamic Republic 

8 of Iran, or the government of the Democratic 

9 People’s Republic of Korea.’’. 

10 (b) APPLICATION.— 

11 (1) IN GENERAL.—Subsection (e) of section 

12 3002 of the Intelligence Reform and Terrorism Pre13 vention Act of 2004 (50 U.S.C. 3343) shall apply 

14 with respect to an individual who is employed by, 

15 contracts with, or otherwise receives funding from, 

16 any covered entity under such subsection on or after 

17 the date of the enactment of this Act. 

18 (2) NOTIFICATION.—Not later than 30 days 

19 after the date of the enactment of this Act, each 

20 person who holds a security clearance as of such 

21 date shall be notified of the prohibition in such sub22 section (e), including a list of the covered entities 

23 under such subsection. 

Æ 


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