Hold Top Officials Accountable Act

Hold Top Officials Accountable Act

This bill amends the federal criminal code to make it a crime for a highly placed official to: (1) knowingly disclose classified information to an unauthorized person, or (2) through gross negligence, place classified information on unsecured server, mobile device, laptop, computer, or other electronic device, or otherwise make classified information potentially more available to an unauthorized person.

The term “highly placed official” means a Member of Congress or an official who is appointed by the President and confirmed by the Senate.

A violator is subject to a fine and a two-year mandatory minimum prison term.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5800 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5800

 To amend title 18, United States Code, to provide criminal penalties 
  for certain officials who mishandle classified information, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

  Mr. Poliquin (for himself and Mr. Roe of Tennessee) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide criminal penalties 
  for certain officials who mishandle classified information, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hold Top Officials Accountable 
Act''.

SEC. 2. OFFICIAL MISHANDLING OF CLASSIFIED INFORMATION.

    (a) In General.--Chapter 93 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1925. Official mishandling of classified information
    ``(a) Offense.--Whoever, being a highly placed official of the 
United States, mishandles classified information shall be fined under 
this title and imprisoned for not less than 2 nor more than 10 years.
    ``(b) Definitions.--In this section:
            ``(1) The term `high placed official' means--
                    ``(A) a Representative or Senator; or
                    ``(B) an individual whose office, whether civil or 
                miliary, is one to which the individual is appointed by 
                the President by and with the advice and consent of the 
                Senate.
            ``(2) The term `mishandles' means--
                    ``(A) knowingly discloses the classified 
                information to a person not authorized to receive it; 
                or
                    ``(B) through grossly negligent conduct--
                            ``(i) places the classified information on 
                        a server, mobile device, laptop, computer or 
                        any other electronic device, that is not 
                        officially secured; or
                            ``(ii) otherwise makes the classified 
                        information more potentially available to a 
                        person not authorized to receive it.
            ``(3) The term `classified information' means any 
        information or material that has been determined by the United 
        States Government pursuant to an Executive order, statute, or 
        regulation, to require protection against unauthorized 
        disclosure for reasons of national security and any restricted 
        data, as defined in paragraph r. of section 11 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(y)).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 93 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1925. Official mishandling of classified information.''.
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