[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6219 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6219

 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 
  to ensure that individuals who are found to have stored classified 
   information on unsecured servers are disqualified from receiving 
              security clearances, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2016

  Mrs. Roby introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committee on the Judiciary, 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 ensure that individuals who are found to have stored classified 
   information on unsecured servers are disqualified from receiving 
              security clearances, 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 ``Unsecured Server Act of 2016''.

SEC. 2. DENIAL OF THE GRANTING OR RENEWING OF SECURITY CLEARANCES.

    (a) Disqualification.--
            (1) In general.--Paragraph (1) of subsection (c) of section 
        3002 of the Intelligence Reform and Terrorism Prevention Act of 
        2004 (50 U.S.C. 3343(c)) is amended--
                    (A) in subparagraph (B), by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) as determined by the head of the Federal 
                agency, knowingly stored classified information on, or 
                transmitted classified information to or from, an 
                unsecured server.''.
            (2) Covered security clearances.--Such subsection is 
        further amended--
                    (A) by redesignating paragraph (4) as paragraph 
                (5);
                    (B) in paragraph (3), by striking ``This 
                subsection'' and inserting ``Except as provided by 
                paragraph (4), this subsection''; and
                    (C) by inserting after paragraph (3) the following 
                new paragraph:
            ``(4) Additional covered security clearances.--With respect 
        to a disqualification in this subsection by reason of paragraph 
        (1)(D), this subsection applies to any security clearance.''.
            (3) Modification to waiver authority.--Such subsection is 
        further amended--
                    (A) in paragraph (2), by inserting ``paragraph (5) 
                and'' after ``only in accordance with''; and
                    (B) in paragraph (5), as redesignated by paragraph 
                (2)(A)--
                            (i) by striking the paragraph heading and 
                        inserting ``Notice and wait'';
                            (ii) by striking subparagraph (A) and 
                        inserting the following new subparagraph (A):
                    ``(A) Notification.--A waiver may not be made under 
                paragraph (2) until a 30-day period elapses following 
                the date on which the head of the Federal agency 
                proposing the waiver submits to the appropriate 
                committees of Congress notification of the proposed 
                waiver. Such notification shall not reveal the identity 
                of the person covered by the waiver, but shall include 
                the disqualifying factor under paragraph (1) and the 
                reasons for the waiver of the disqualifying factor.''; 
                and
                            (iii) in subparagraph (B)(i), by striking 
                        ``a report submitted'' and inserting ``a 
                        notification made''.
            (4) Unsecured server defined.--Subsection (a) of such 
        section is amended by adding at the end the following new 
        paragraph:
            ``(5) Unsecured server.--The term `unsecured server' means 
        a computer server that is not authorized by a head of an 
        element of the intelligence community (as defined by section 3 
        of the National Security Act of 1947 (50 U.S.C. 3003)) to store 
        or transmit classified information.''.
            (5) Application.--The amendment made by paragraph (1)(C) 
        shall apply with respect to an individual who, on or after the 
        date that is 10 years before the date of the enactment of this 
        Act, meets the condition described in paragraph (1)(D) of 
        section 3002(c) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (50 U.S.C. 3343(c)), as added by such 
        amendment.
    (b) Grounds for Revocation.--A determination made by the head of a 
Federal agency that an individual knowingly stored classified 
information on, or transmitted classified information to or from, an 
unsecured server (as defined in section 3002(a)(5) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3343(a)(5)), as 
added by subsection (a)) shall be grounds for revoking the security 
clearance for the individual.

SEC. 3. UNSECURE STORAGE OR TRANSMISSION OF CLASSIFIED INFORMATION.

    Section 798 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Whoever knowingly stores classified information on, or 
transmits classified information to or from, an unsecured server (as 
that term is defined in section 3002(a)(5) of the Intelligence Reform 
and Terrorism Prevention Act of 2004), or causes the same to be so 
stored or transmitted, shall be fined under this title, imprisoned not 
more than 10 years, or both.''.
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