Safe Career Transitions for Intelligence and National Security Professionals
Bill: H.R.1094 | Sponsor: Rep. Banks, Jim (R-IN)
Policy area: Armed Forces and National Security

Summary:
Safe Career Transitions for Intelligence and National Security Professionals
This bill prohibits certain individuals with security clearances from receiving funding or employment from specified entities. Specifically, the prohibition is in effect while a security clearance is active and for five years afterwards, and applies to any (1) officer or employee of a federal agency or contractor, or (2) member of the Army, Navy, Air Force, or Marine Corps.
The prohibition shall apply to specified entities such as Huawei Technologies Company and Kaspersky Lab. The Office of the Director of National Intelligence may add to or remove from this list based on whether there is a reasonable belief that an entity is owned by or receives financial support from the government of China, Russia, Iran, or North Korea.
A person who knowingly violates this prohibition shall be subject to fines or imprisonment, or both.

To amend the Intelligence Reform and Terrorism Prevention Act of 2004 
to prohibit individuals with security clearances from being employed by 
                           certain entities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Career Transitions for 
Intelligence and National Security Professionals''.

SEC. 2. PROHIBITION ON INDIVIDUALS WITH SECURITY CLEARANCES FROM BEING 
              EMPLOYED BY CERTAIN ENTITIES.

    (a) Prohibition.--Section 3002 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (50 U.S.C. 3343) is amended by adding 
at the end the following new subsection:
    ``(e) Prohibition on Certain Employment.--
            ``(1) Prohibition.--A covered person may not be employed 
        by, contract with, or otherwise receive funding from, any 
        covered entity during the following periods:
                    ``(A) A period in which the person holds a security 
                clearance.
                    ``(B) The 5-year period beginning on the date that 
                the security clearance of a person becomes inactive.
            ``(2) Penalties.--Any person who knowingly violates the 
        prohibition in paragraph (1) shall be fined under title 18, 
        United States Code, or imprisoned for not more than 5 years, or 
        both.
            ``(3) Notification.--A person who holds a security 
        clearance shall be notified of the prohibition in paragraph 
        (1), including a list of the covered entities, as follows:
                    ``(A) At the time at which the person is issued the 
                security clearance.
                    ``(B) At the time at which the security clearance 
                of the person is renewed.
                    ``(C) At the time at which the security clearance 
                of the person becomes inactive.
            ``(4) Covered entity.--
                    ``(A) Definition.--Subject to subparagraph (B), in 
                this subsection, the term `covered entity' means any of 
                the following entities (including any subsidiary or 
                affiliate of such entities):
                            ``(i) Huawei Technologies Company.
                            ``(ii) ZTE Corporation.
                            ``(iii) Hytera Communications Corporation.
                            ``(iv) Hangzhou Hikvision Digital 
                        Technology Company.
                            ``(v) Dahua Technology Company.
                            ``(vi) Kaspersky Lab.
                    ``(B) Modifications.--The Director of National 
                Intelligence, in consultation with the Secretary of 
                Defense or the Director of the Federal Bureau of 
                Investigation, may add or remove entities to the list 
                of covered entities in subparagraph (A) based on 
                whether the Director determines there is reasonable 
                belief that the entity is owned or controlled by, or 
                otherwise connected to or receiving financial support 
                from, the government of the People's Republic of China, 
                the government of the Russian Federation, the 
                government of the Islamic Republic of Iran, or the 
                government of the Democratic People's Republic of 
                Korea.''.
    (b) Application.--
            (1) In general.--Subsection (e) of section 3002 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (50 
        U.S.C. 3343) shall apply with respect to an individual who is 
        employed by, contracts with, or otherwise receives funding 
        from, any covered entity under such subsection on or after the 
        date of the enactment of this Act.
            (2) Notification.--Not later than 30 days after the date of 
        the enactment of this Act, each person who holds a security 
        clearance as of such date shall be notified of the prohibition 
        in such subsection (e), including a list of the covered 
        entities under such subsection.
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