H.R. 7846 — Introduced in House

I 118th CONGRESS 2d Session H. R. 7846 IN THE HOUSE OF REPRESENTATIVES March 29, 2024Ms. 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. 1. Short title This Act may be cited as the Guarding the United States Against Reckless Disclosures Act or the GUARD Act. 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.