Section 1 Short title
This Act may be cited as the “Unsecured Server Act of 2016”.
Unsecured Server Act of 2016
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.
Sec. 2 Denial of the granting or renewing of security clearances
Disqualification—
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—
in subparagraph (B), by striking “; or” and inserting a semicolon;
in subparagraph (C), by striking the period at the end and inserting “; or”; and
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.”
Covered security clearances— Such subsection is further amended—
by redesignating paragraph (4) as paragraph (5);
in paragraph (3), by striking “This subsection” and inserting “Except as provided by paragraph (4), this subsection”; and
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.”
Modification to waiver authority— Such subsection is further amended—
in paragraph (2), by inserting “paragraph (5) and” after “only in accordance with”; and
in paragraph (5), as redesignated by paragraph (2)(A)—
by striking the paragraph heading and inserting “Notice and wait”;
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.”
in subparagraph (B)(i), by striking “a report submitted” and inserting “a notification made”.
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.”
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.
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.”