[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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