GUARD Act

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.

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.

In this section—

(1) the term covered criminal offense means a criminal offense under Federal law relating to—

(A) obstructing an official proceeding;

(B) unlawful retention of national defense information;

(C) the unlawful disclosure or improper handling of classified information;

(D) acting as a foreign agent; or

(E) compromising the national security of the United States;

(2) the term covered person means—

(A) the President and Vice President;

(B) a Member of Congress (as that term is defined in section 2106 of title 5, United States Code);

(C) an employee (as that term is defined in section 2105 of title 5, United States Code), including—

(i) an employee of the United States Postal Service or Postal Regulatory Commission;

(ii) an employee of the Transportation Security Administration; and

(iii) notwithstanding section 7425 of title 38, United States Code, an employee appointed under chapter 73 or 74 of such title;

(D) any member of the uniformed services (as that term is defined in section 2101 of title 5, United States Code); and

(E) 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

(3) the term period a covered person is charged with a covered criminal offense means the period—

(A) beginning on the date on which an indictment or information is filed charging a person with 1 or more covered criminal offense; and

(B) ending on the date on which, for any such covered criminal offense—

(i) the charge for the covered criminal offense is dismissed; or

(ii) the person is found not guilty of the covered criminal offense.