I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guarding the United 

5 States Against Reckless Disclosures Act’’ or the ‘‘GUARD 

6 Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 7846 IH

1 SEC. 2. PROHIBITION ON RECEIPT OF CLASSIFIED INFOR2 MATION BY INDIVIDUALS CHARGED WITH 

3 CERTAIN CRIMINAL OFFENSES. 

4 (a) PROHIBITIONS.—Except as provided in sub5 section (b), during a period a covered person is charged 

6 with a covered criminal offense, the covered person may 

7 not receive any classified information, including classified 

8 information received as a part of the covered person’s offi9 cial duties as Federal official or as a candidate in an elec10 tion for Federal office. 

11 (b) WAIVER.—Subsection (a) may be waived with re12 spect to any covered person upon an affirmative vote of 

13 a majority of the Members of the House and two-thirds 

14 of the Members of the Senate, duly chosen and sworn. 

15 (c) DEFINITIONS.—In this section— 

16 (1) the term ‘‘covered criminal offense’’ means 

17 a criminal offense under Federal law relating to— 

18 (A) obstructing an official proceeding; 

19 (B) unlawful retention of national defense 

20 information; 

21 (C) the unlawful disclosure or improper 

22 handling of classified information; 

23 (D) acting as a foreign agent; or 

24 (E) compromising the national security of 

25 the United States; 

26 (2) the term ‘‘covered person’’ means— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 7846 IH

1 (A) the President and Vice President; 

2 (B) a Member of Congress (as that term 

3 is defined in section 2106 of title 5, United 

4 States Code); 

5 (C) an employee (as that term is defined in 

6 section 2105 of title 5, United States Code), in7 cluding— 

8 (i) an employee of the United States 

9 Postal Service or Postal Regulatory Com10 mission; 

11 (ii) an employee of the Transportation 

12 Security Administration; and 

13 (iii) notwithstanding section 7425 of 

14 title 38, United States Code, an employee 

15 appointed under chapter 73 or 74 of such 

16 title; 

17 (D) any member of the uniformed services 

18 (as that term is defined in section 2101 of title 

19 5, United States Code); and 

20 (E) a candidate for Federal office (as that 

21 term is defined in section 301 of the Federal 

22 Election Campaign Act of 1971 (52 U.S.C. 

23 30101)); and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 7846 IH

1 (3) the term ‘‘period a covered person is 

2 charged with a covered criminal offense’’ means the 

3 period— 

4 (A) beginning on the date on which an in5 dictment or information is filed charging a per6 son with 1 or more covered criminal offense; 

7 and 

8 (B) ending on the date on which, for any 

9 such covered criminal offense— 

10 (i) the charge for the covered criminal 

11 offense is dismissed; or 

12 (ii) the person is found not guilty of 

13 the covered criminal offense. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB