[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7846 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7846
To prohibit Federal personnel charged with certain criminal offenses
from receiving classified information, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2024
Ms. Sherrill (for herself and Ms. Slotkin) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability, and in addition to the Committee on House
Administration, 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 prohibit Federal personnel charged with certain criminal offenses
from receiving classified information, and for other purposes.
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 ``Guarding the United States Against
Reckless Disclosures Act'' or the ``GUARD Act''.
SEC. 2. PROHIBITION ON RECEIPT OF CLASSIFIED INFORMATION BY INDIVIDUALS
CHARGED WITH CERTAIN CRIMINAL OFFENSES.
(a) Prohibitions.--Except as provided in subsection (b), during a
period a covered person is charged with a covered criminal offense, the
covered person may not receive any classified information, including
classified information received as a part of the covered person's
official duties as Federal official or as a candidate in an election
for Federal office.
(b) Waiver.--Subsection (a) may be waived with respect to any
covered person upon an affirmative vote of a majority of the Members of
the House and two-thirds of the Members of the Senate, duly chosen and
sworn.
(c) Definitions.--In this section--
(1) the term ``covered criminal offense'' means a criminal
offense under Federal law relating to--
(A) obstructing an official proceeding;
(B) unlawful retention of national defense
information;
(C) the unlawful disclosure or improper handling of
classified information;
(D) acting as a foreign agent; or
(E) compromising the national security of the
United States;
(2) the term ``covered person'' means--
(A) the President and Vice President;
(B) a Member of Congress (as that term is defined
in section 2106 of title 5, United States Code);
(C) an employee (as that term is defined in section
2105 of title 5, United States Code), including--
(i) an employee of the United States Postal
Service or Postal Regulatory Commission;
(ii) an employee of the Transportation
Security Administration; and
(iii) notwithstanding section 7425 of title
38, United States Code, an employee appointed
under chapter 73 or 74 of such title;
(D) any member of the uniformed services (as that
term is defined in section 2101 of title 5, United
States Code); and
(E) a candidate for Federal office (as that term is
defined in section 301 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101)); and
(3) the term ``period a covered person is charged with a
covered criminal offense'' means the period--
(A) beginning on the date on which an indictment or
information is filed charging a person with 1 or more
covered criminal offense; and
(B) ending on the date on which, for any such
covered criminal offense--
(i) the charge for the covered criminal
offense is dismissed; or
(ii) the person is found not guilty of the
covered criminal offense.
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