Unsecured Server Act of 2016
This bill amends the Intelligence Reform and Terrorism Prevention Act of 2004 to prohibit federal agencies from granting or renewing security clearances to federal officers or employees, military members on active duty or in an active status, or federal contractors if an agency head determines that they have knowingly stored classified information on, or transmitted classified information to or from, an unsecured computer server that is not authorized by federal intelligence agencies. This prohibition applies retroactively to individuals who used an unsecured server during the 10-year period before enactment of this bill.
Agencies may waive security clearance prohibitions to grant clearances to disqualified individuals, but only if the agency notifies Congress 30 days before the proposed waiver.
The use of an unsecured server for classified information shall be grounds for revoking an individual's security clearance.
The bill establishes a criminal penalty of a fine or imprisonment for up to 10 years for anyone who knowingly stores classified information on, or transmits classified information to or from, an unsecured server or who causes such information to be so stored or transmitted.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6219 Introduced in House (IH)]
<DOC>
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
information 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 servers are disqualified from receiving
security clearances, 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 ``Unsecured Server Act of 2016''.
SEC. 2. DENIAL OF THE GRANTING OR RENEWING OF SECURITY 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 information on, or
transmitted classified information 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:
``(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.''.
(3) Modification to waiver authority.--Such subsection is
further amended--
(A) in paragraph (2), by inserting ``paragraph (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 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.'';
and
(iii) in subparagraph (B)(i), by striking
``a report submitted'' and inserting ``a
notification made''.
(4) 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.''.
(5) 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.
(b) 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.''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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