I 
114TH CONGRESS 
2D SESSION 
H. R. 6219 
To amend the Intelligence Reform and Terrorism Prevention Act of 2004 
to ensure that individuals who are found to have stored classified infor-
mation on unsecured servers are disqualified from receiving security 
clearances, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2016 
Mrs. ROBY introduced the following bill; which was referred to the Committee 
on Oversight and Government Reform, and in addition to the Committee 
on the Judiciary, 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 amend the Intelligence Reform and Terrorism Prevention 
Act of 2004 to ensure that individuals who are found 
to have stored classified information on unsecured serv-
ers are disqualified from receiving security clearances, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Unsecured Server Act 
of 2016’’. 
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SEC. 2. DENIAL OF THE GRANTING OR RENEWING OF SECU-
RITY CLEARANCES. 
(a) DISQUALIFICATION.— 
(1) 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— 
(A) in subparagraph (B), by striking ‘‘; 
or’’ and inserting a semicolon; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) as determined by the head of the 
Federal agency, knowingly stored classified in-
formation on, or transmitted classified informa-
tion to or from, an unsecured server.’’. 
(2) COVERED
SECURITY
CLEARANCES.—Such 
subsection is further amended— 
(A) by redesignating paragraph (4) as 
paragraph (5); 
(B) in paragraph (3), by striking ‘‘This 
subsection’’ and inserting ‘‘Except as provided 
by paragraph (4), this subsection’’; and 
(C) by inserting after paragraph (3) the 
following new paragraph: 
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‘‘(4) ADDITIONAL COVERED SECURITY CLEAR-
ANCES.—With respect to a disqualification in this 
subsection by reason of paragraph (1)(D), this sub-
section applies to any security clearance.’’. 
(3) MODIFICATION TO WAIVER AUTHORITY.— 
Such subsection is further amended— 
(A) in paragraph (2), by inserting ‘‘para-
graph (5) and’’ after ‘‘only in accordance with’’; 
and 
(B) in paragraph (5), as redesignated by 
paragraph (2)(A)— 
(i) by striking the paragraph heading 
and inserting ‘‘NOTICE AND WAIT’’; 
(ii) 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 pe-
riod elapses following the date on which the 
head of the Federal agency proposing the waiv-
er 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 in-
clude the disqualifying factor under paragraph 
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(1) and the reasons for the waiver of the dis-
qualifying factor.’’; and 
(iii) in subparagraph (B)(i), by strik-
ing ‘‘a report submitted’’ and inserting ‘‘a 
notification made’’. 
(4) 
UNSECURED
SERVER
DEFINED.—Sub-
section (a) of such section is amended by adding at 
the end the following new paragraph: 
‘‘(5) UNSECURED
SERVER.—The term ‘unse-
cured server’ means a computer server that is not 
authorized by a head of an element of the intel-
ligence community (as defined by section 3 of the 
National Security Act of 1947 (50 U.S.C. 3003)) to 
store or transmit classified information.’’. 
(5) APPLICATION.—The amendment made by 
paragraph (1)(C) shall apply with respect to an indi-
vidual who, on or after the date that is 10 years be-
fore 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. 
(b) GROUNDS FOR REVOCATION.—A determination 
made by the head of a Federal agency that an individual 
knowingly stored classified information on, or transmitted 
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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 CLASSI-
FIED 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 un-
secured server (as that term is defined in section 
3002(a)(5) of the Intelligence Reform and Terrorism Pre-
vention 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.’’. 
Æ 
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