[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1518 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1518
To improve the classification and declassification of national security
information, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mr. Cornyn (for himself, Mr. Warner, Mr. Moran, Mr. Wyden, Ms. Collins,
Mr. King, Mr. Rounds, Mr. Heinrich, Mr. Casey, and Mr. Lankford)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve the classification and declassification of national security
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sensible
Classification Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and sense of the Senate.
Sec. 4. Classification authority.
Sec. 5. Promoting efficient declassification review.
Sec. 6. Training to promote sensible classification.
Sec. 7. Improvements to Public Interest Declassification Board.
Sec. 8. Implementation of technology for classification and
declassification.
Sec. 9. Studies and recommendations on necessity of security
clearances.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Classified information.--The term ``classified
information'' means information that has been determined
pursuant to Executive order 12958 (50 U.S.C. 3161 note;
relating to classified national security information), or
successor order, to require protection against unauthorized
disclosure and is marked to indicate its classified status when
in documentary form.
(3) Classification.--The term ``classification'' means the
act or process by which information is determined to be
classified information.
(4) Declassification.--The term ``declassification'' means
the authorized change in the status of information from
classified information to unclassified information.
(5) Document.--The term ``document'' means any recorded
information, regardless of the nature of the medium or the
method or circumstances of recording.
(6) Downgrade.--The term ``downgrade'' means a
determination by a declassification authority that information
classified and safeguarded at a specified level shall be
classified and safeguarded at a lower level.
(7) Information.--The term ``information'' means any
knowledge that can be communicated or documentary material,
regardless of its physical form or characteristics, that is
owned by, is produced by or for, or is under the control of the
United States Government.
(8) Originate, originating, and originated.--The term
``originate'', ``originating'', and ``originated'', with
respect to classified information and an authority, means the
authority that classified the information in the first
instance.
(9) Records.--The term ``records'' means the records of an
agency and Presidential papers or Presidential records, as
those terms are defined in title 44, United States Code,
including those created or maintained by a government
contractor, licensee, certificate holder, or grantee that are
subject to the sponsoring agency's control under the terms of
the contract, license, certificate, or grant.
(10) Security clearance.--The term ``security clearance''
means an authorization to access classified information.
(11) Unauthorized disclosure.--The term ``unauthorized
disclosure'' means a communication or physical transfer of
classified information to an unauthorized recipient.
(12) Unclassified information.--The term ``unclassified
information'' means information that is not classified
information.
SEC. 3. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--The Senate makes the following findings:
(1) According to a report released by the Office of the
Director of Intelligence in 2020 titled ``Fiscal Year 2019
Annual Report on Security Clearance Determinations'', more than
4,000,000 individuals have been granted eligibility for a
security clearance.
(2) At least 1,300,000 of such individuals have been
granted access to information classified at the Top Secret
level.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the classification system of the Federal Government is
in urgent need of reform;
(2) the number of people with access to classified
information is exceedingly high and must be justified or
reduced;
(3) reforms are necessary to reestablish trust between the
Federal Government and the people of the United States; and
(4) classification should be limited to the minimum
necessary to protect national security while balancing the
public's interest in disclosure.
SEC. 4. CLASSIFICATION AUTHORITY.
(a) In General.--The authority to classify information originally
may be exercised only by--
(1) the President and, in the performance of executive
duties, the Vice President;
(2) the head of an agency or an official of any agency
authorized by the President pursuant to a designation of such
authority in the Federal Register; and
(3) an official of the Federal Government to whom authority
to classify information originally has been delegated pursuant
to subsection (c).
(b) Scope of Authority.--An individual authorized by this section
to classify information originally at a specified level may also
classify the information originally at a lower level.
(c) Delegation of Original Classification Authority.--An official
of the Federal Government may be delegated original classification
authority subject to the following:
(1) Delegation of original classification authority shall
be limited to the minimum required to administer this section.
Agency heads shall be responsible for ensuring that designated
subordinate officials have a demonstrable and continuing need
to exercise this authority.
(2) Authority to originally classify information at the
level designated as ``Top Secret'' may be delegated only by the
President, in the performance of executive duties, the Vice
President, or an agency head or official designated pursuant to
subsection (a)(2).
(3) Authority to originally classify information at the
level designated as ``Secret'' or ``Confidential'' may be
delegated only by the President, in the performance of
executive duties, the Vice President, or an agency head or
official designated pursuant to subsection (a)(2), or the
senior agency official described in section 5.4(d) of Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order, provided
that official has been delegated ``Top Secret'' original
classification authority by the agency head.
(4) Each delegation of original classification authority
shall be in writing and the authority shall not be redelegated
except as provided by paragraph (1), (2), and (3). Each
delegation shall identify the official by name or position
title.
(d) Training Required.--
(1) In general.--An individual may not be delegated
original classification authority under this section unless the
individual has first received training described in paragraph
(2).
(2) Training described.--Training described in this
paragraph is training on original classification that includes
instruction on the proper safeguarding of classified
information and of the criminal, civil, and administrative
sanctions that may be brought against an individual who fails
to protect classified information from unauthorized disclosure.
(e) Exceptional Cases.--
(1) In general.--When an employee, Government contractor,
licensee, certificate holder, or grantee of an agency who does
not have original classification authority originates
information believed by that employee, contractor, licensee,
certificate holder, or grantee to require classification, the
information shall be protected in a manner consistent with
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor order.
(2) Transmittal.--An employee, contractor, licensee,
certificate holder, or grantee described in paragraph (1), who
originates information described in such paragraph, shall
promptly transmit such information to--
(A) the agency that has appropriate subject matter
interest and classification authority with respect to
this information; or
(B) if it is not clear which agency has appropriate
subject matter interest and classification authority
with respect to the information, to the Director of the
Information Security Oversight Office.
(3) Agency decisions.--An agency that receives information
pursuant to paragraph (2)(A) or (4) shall decide within 30 days
whether to classify this information.
(4) Information security oversight office action.--If the
Director of the Information Security Oversight Office receives
information under paragraph (2)(B), the Director shall
determine the agency having appropriate subject matter interest
and classification authority and forward the information, with
appropriate recommendations, to that agency for a
classification determination.
SEC. 5. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.
(a) In General.--Whenever an agency is processing a request
pursuant to section 552 of title 5, United States Code (commonly known
as the ``Freedom of Information Act'') or the mandatory
declassification review provisions of Executive Order 13526 (50 U.S.C.
3161 note; relating to classified national security information), or
successor order, and identifies responsive classified records that are
more than 25-years-of-age as of December 31 of the year in which the
request is received, the head of the agency shall review the record and
process the record for declassification and release by the National
Declassification Center of the National Archives and Records
Administration.
(b) Application.--Subsection (a) shall apply--
(1) regardless of whether or not the record described in
such subsection is in the legal custody of the National
Archives and Records Administration; and
(2) without regard for any other provisions of law or
existing agreements or practices between agencies.
SEC. 6. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.
(a) Definitions.--In this section:
(1) Over-classification.--The term ``over-classification''
means classification at a level that exceeds the minimum level
of classification that is sufficient to protect the national
security of the United States.
(2) Sensible classification.--The term ``sensible
classification'' means classification at a level that is the
minimum level of classification that is sufficient to protect
the national security of the United States.
(b) Training Required.--Each head of an agency with classification
authority shall conduct training for employees of the agency with
classification authority to discourage over-classification and to
promote sensible classification.
SEC. 7. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 703 of the Public Interest Declassification Act of 2000 (50
U.S.C. 3355a) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) A member of the Board whose term has expired may continue to
serve until a successor is appointed and sworn in.''; and
(2) in subsection (f)--
(A) by inserting ``(1)'' before ``Any employee'';
and
(B) by adding at the end the following:
``(2)(A) In addition to any employees detailed to the Board under
paragraph (1), the Board may hire not more than 12 staff members.
``(B) There are authorized to be appropriated to carry out
subparagraph (A) such sums as are necessary for fiscal year 2024 and
each fiscal year thereafter.''.
SEC. 8. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND
DECLASSIFICATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Office of Electronic
Government (in this section referred to as the ``Administrator'')
shall, in consultation with the Secretary of Defense, the Director of
the Central Intelligence Agency, the Director of National Intelligence,
the Public Interest Declassification Board, the Director of the
Information Security Oversight Office, and the head of the National
Declassification Center of the National Archives and Records
Administration--
(1) research a technology-based solution--
(A) utilizing machine learning and artificial
intelligence to support efficient and effective systems
for classification and declassification; and
(B) to be implemented on an interoperable and
federated basis across the Federal Government; and
(2) submit to the President a recommendation regarding a
technology-based solution described in paragraph (1) that
should be adopted by the Federal Government.
(b) Staff.--The Administrator may hire sufficient staff to carry
out subsection (a).
(c) Report.--Not later than 540 days after the date of the
enactment of this Act, the President shall submit to Congress a
classified report on the technology-based solution recommended by the
Administrator under subsection (a)(2) and the President's decision
regarding its adoption.
SEC. 9. STUDIES AND RECOMMENDATIONS ON NECESSITY OF SECURITY
CLEARANCES.
(a) Agency Studies on Necessity of Security Clearances.--
(1) Studies required.--The head of each agency that grants
security clearances to personnel of such agency shall conduct a
study on the necessity of such clearances.
(2) Reports required.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, each head of an
agency that conducts a study under paragraph (1) shall
submit to Congress a report on the findings of the
agency head with respect to such study, which the
agency head may classify as appropriate.
(B) Required elements.--Each report submitted by
the head of an agency under subparagraph (A) shall
include, for such agency, the following:
(i) The number of personnel eligible for
access to information up to the Top Secret
level.
(ii) The number of personnel eligible for
access to information up to the Secret level.
(iii) Information on the any reduction in
the number of personnel eligible for access to
classified information based on the study
conducted under paragraph (1).
(iv) A description of how the agency head
will ensure that the number of security
clearances granted by such agency will be kept
to the minimum required for the conduct of
agency functions, commensurate with the size,
needs, and mission of the agency.
(3) Industry.--This subsection shall apply to the Secretary
of Defense in the Secretary's capacity as the Executive Agent
for the National Industrial Security Program and the Secretary
shall treat contractors, licensees, and grantees as personnel
of the Department of Defense for purposes of the studies and
reports required by this subsection.
(b) Director of National Intelligence Review of Sensitive
Compartmented Information.--The Director of National Intelligence
shall--
(1) review the number of personnel eligible for access to
sensitive compartmented information; and
(2) submit to Congress a report on how the Director will
ensure that the number of such personnel is limited to the
minimum required.
(c) Agency Review of Special Access Programs.--Each head of an
agency who is authorized to establish a special access program by
Executive Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order, shall--
(1) review the number of personnel of the agency eligible
for access to such special access programs; and
(2) submit to Congress a report on how the agency head will
ensure that the number of such personnel is limited to the
minimum required.
(d) Secretary of Energy Review of Q and L Clearances.--The
Secretary of Energy shall--
(1) review the number of personnel of the Department of
Energy granted Q and L access; and
(2) submit to Congress a report on how the Secretary will
ensure that the number of such personnel is limited to the
minimum required.
(e) Independent Reviews.--Not later than 180 days after the date on
which a study is completed under subsection (a) or a review is
completed under subsections (b) through (d), the Director of the
Information Security Oversight Office of the National Archives and
Records Administration, the Director of National Intelligence, and the
Public Interest Declassification Board shall each review the study or
review, as the case may be.
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