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Code · BILL · 118th Congress · H.R. 5009 (EAH) — 118 HR 5009 EAH: Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 · Sec. 6702

Sec. 6702. Protection for individuals making authorized disclosures to inspectors general of elements of the intelligence community

882 words·~4 min read·/bill/118/hr/5009/eah/section-6702

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Section 103H(g)(3) of the National Security Act of 1947 ( 50 U.S.C. 3033(g)(3) ) is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively; by striking The Inspector General is authorized and inserting
(A)The Inspector General is authorized ; and by adding at the end the following: An individual may disclose classified information to the Inspector General in accordance with the applicable security standards and procedures established under section 102A or 803 of this Act, chapter 12 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2161 et seq. ), Executive Order 13526 ( 50 U.S.C. 3161 note; relating to Classified National Security Information), or any applicable provision of law. A disclosure under clause
(i)of classified information made by an individual without appropriate clearance or authority to access such classified information at the time of the disclosure, but that is otherwise made in accordance with applicable security standards and procedures, shall be treated as an authorized disclosure that does not violate a covered provision. Nothing in clause
(ii)may be construed to limit or modify the obligation of an individual to appropriately store, handle, or disseminate classified information in accordance with applicable security guidance and procedures, including with respect to the removal or retention of classified information. In this subparagraph, the term covered provision means— any otherwise applicable nondisclosure agreement; any otherwise applicable regulation or order issued under the authority of chapter 18 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2271 et seq. ) or Executive Order 13526; section 798 of title 18, United States Code; or any other provision of law with respect to the unauthorized disclosure of national security information. . Section 17(e)(3) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(e)(3) ) is amended— by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively; by striking The Inspector General is authorized and inserting
(A)The Inspector General is authorized ; and by adding at the end the following: An individual may disclose classified information to the Inspector General in accordance with the applicable security standards and procedures established under section 102A or 803 of the National Security Act of 1947 ( 50 U.S.C. 3024 , 3162a), chapter 12 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2161 et seq. ), Executive Order 13526 ( 50 U.S.C. 3161 note; relating to Classified National Security Information), or any applicable provision of law. A disclosure under clause
(i)of classified information made by an individual without appropriate clearance or authority to access such classified information at the time of the disclosure, but that is otherwise made in accordance with applicable security standards and procedures, shall be treated as an authorized disclosure that does not violate a covered provision. Nothing in clause
(ii)may be construed to limit or modify the obligation of an individual to appropriately store, handle, or disseminate classified information in accordance with applicable security guidance and procedures, including with respect to the removal or retention of classified information. In this subparagraph, the term covered provision means— any otherwise applicable nondisclosure agreement; any otherwise applicable regulation or order issued under the authority of chapter 18 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2271 et seq. ) or Executive Order 13526; section 798 of title 18, United States Code; or any other provision of law with respect to the unauthorized disclosure of national security information. . Section 416 of title 5, United States Code, as amended by section 6701, is further amended— in subsection (a), by adding at the end the following: The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). ; and by adding at the end the following: An individual may disclose classified information to an Inspector General of an element of the intelligence community in accordance with the applicable security standards and procedures established under section 102A or 803 of the National Security Act of 1947 ( 50 U.S.C. 3024 , 3162a), chapter 12 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2161 et seq. ), Executive Order 13526 ( 50 U.S.C. 3161 note; relating to Classified National Security Information), or any applicable provision of law. A disclosure under paragraph
(1)of classified information made by an individual without appropriate clearance or authority to access such classified information at the time of the disclosure, but that is otherwise made in accordance with applicable security standards and procedures, shall be treated as an authorized disclosure that does not violate a covered provision. Nothing in subparagraph
(A)may be construed to limit or modify the obligation of an individual to appropriately store, handle, or disseminate classified information in accordance with applicable security guidance and procedures, including with respect to the removal or retention of classified information. In this paragraph, the term covered provision means— any otherwise applicable nondisclosure agreement; any otherwise applicable regulation or order issued under the authority of chapter 18 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2271 et seq. ) or Executive Order 13526; section 798 of title 18; or any other provision of law with respect to the unauthorized disclosure of national security information. .
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