Section 1 Short title
This Act may be cited as the “Guarding the United States Against Reckless Disclosures Act” or the “GUARD Act”.
Guarding the United States Against Reckless Disclosures Act
A BILL
To prohibit Federal personnel charged with certain criminal offenses from receiving classified information, and for other purposes.
Sec. 2 Prohibition on receipt of classified information by individuals charged with certain criminal offenses
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.
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.
Definitions— In this section—
the term “covered criminal offense” means a criminal offense under Federal law relating to—
obstructing an official proceeding;
unlawful retention of national defense information;
the unlawful disclosure or improper handling of classified information;
acting as a foreign agent; or
compromising the national security of the United States;
the term “covered person” means—
the President and Vice President;
a Member of Congress (as that term is defined in section 2106 of title 5, United States Code);
an employee (as that term is defined in section 2105 of title 5, United States Code), including—
an employee of the United States Postal Service or Postal Regulatory Commission;
an employee of the Transportation Security Administration; and
notwithstanding section 7425 of title 38, United States Code, an employee appointed under chapter 73 or 74 of such title;
any member of the uniformed services (as that term is defined in section 2101 of title 5, United States Code); and
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
the term “period a covered person is charged with a covered criminal offense” means the period—
beginning on the date on which an indictment or information is filed charging a person with 1 or more covered criminal offense; and
ending on the date on which, for any such covered criminal offense—
the charge for the covered criminal offense is dismissed; or
the person is found not guilty of the covered criminal offense.