[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1541 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1541
To provide for a system to classify information in the interests of
national security and a system to declassify such information, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2023
Mr. Warner (for himself, Mr. Wyden, Mr. Moran, Mr. Cornyn, Mr. King,
Mr. Heinrich, Mr. Bennet, Mr. Casey, and Mr. Rounds) introduced the
following bill; which was read twice and referred to the Select
Committee on Intelligence
_______________________________________________________________________
A BILL
To provide for a system to classify information in the interests of
national security and a system to declassify such 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 ``Classification
Reform 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.
TITLE I--GOVERNANCE AND ACCOUNTABILITY FOR REFORM OF THE SECURITY
CLASSIFICATION SYSTEM
Sec. 101. Executive Agent for Classification and Declassification.
Sec. 102. Executive Committee on Classification and Declassification
Programs and Technology.
Sec. 103. Advisory bodies for Executive Agent for Classification and
Declassification.
Sec. 104. Information Security Oversight Office.
TITLE II--REDUCING OVERCLASSIFICATION
Sec. 201. Classification and declassification of information.
Sec. 202. Declassification working capital funds.
Sec. 203. Transparency officers.
Sec. 204. Continuity of membership of the Public Interest
Declassification Board.
TITLE III--PREVENTING MISHANDLING OF CLASSIFIED INFORMATION
Sec. 301. Security review of certain records of the President and Vice
President.
Sec. 302. Mandatory counterintelligence risk assessments.
Sec. 303. Minimum standards for Executive agency insider threat
programs.
TITLE IV--OTHER MATTERS
Sec. 401. Prohibitions.
Sec. 402. Conforming amendment.
Sec. 403. Clerical amendment.
SEC. 2. DEFINITIONS.
Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et
seq.) is amended--
(1) in the title heading by striking ``ACCESS TO CLASSIFIED
INFORMATION PROCEDURES'' and inserting ``PROTECTION OF NATIONAL
SECURITY INFORMATION'';
(2) in the matter before section 801, by inserting the
following:
``Subtitle A--Definitions
``SEC. 800. DEFINITIONS.
``In this title:
``(1) Agency.--The term `agency' means any Executive agency
as defined in section 105 of title 5, United States Code, any
military department as defined in section 102 of such title,
and any other entity in the executive branch of the Federal
Government that comes into the possession of classified
information.
``(2) Authorized investigative agency.--The term
`authorized investigative agency' means an agency authorized by
law or regulation to conduct a counterintelligence
investigation or investigations of persons who are proposed for
access to classified information to ascertain whether such
persons satisfy the criteria for obtaining and retaining access
to such information.
``(3) Classify, classified, classification.--The terms
`classify', `classified', and `classification' refer to the
process by which information is determined to require
protection from unauthorized disclosure pursuant to this title
in order to protect the national security of the United States.
``(4) Classified information.--the term `classified
information' means information that has been classified.
``(5) Computer.--The term `computer' means any electronic,
magnetic, optical, electrochemical, or other high speed data
processing device performing logical, arithmetic, or storage
functions, and includes any data storage facility or
communications facility directly related to or operating in
conjunction with such device and any data or other information
stored or contained in such device.
``(6) Consumer reporting agency.--The term `consumer
reporting agency' has the meaning given such term in section
603 of the Consumer Credit Protection Act (15 U.S.C. 1681a).
``(7) Declassify, declassified, declassification.--The
terms `declassify', `declassified', and `declassification'
refer to the process by which information that has been
classified is determined to no longer require protection from
unauthorized disclosure pursuant to this title.
``(8) Document.--The term `document' means any recorded
information, regardless of the nature of the medium or the
method or circumstances of recording.
``(9) Employee.--The term `employee' includes any person
who receives a salary or compensation of any kind from the
United States Government, is a contractor of the United States
Government or an employee thereof, is an unpaid consultant of
the United States Government, or otherwise acts for or on
behalf of the United States Government, except as otherwise
determined by the President.
``(10) Executive agent for classification and
declassification.--The term `Executive Agent for Classification
and Declassification' means the Executive Agent for
Classification and Declassification established by section
811(a).
``(11) Financial agency and holding company.--The terms
`financial agency' and `financial institution' have the
meanings given to such terms in section 5312(a) of title 31,
United States Code, and the term `holding company' has the
meaning given to such term in section 1101(6) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401).
``(12) Foreign power and agent of a foreign power.--The
terms `foreign power' and `agent of a foreign power' have the
meanings given such terms in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
``(13) 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.
``(14) Information security oversight office.--The term
`Information Security Oversight Office' means the Information
Security Oversight Office established by section 814(a).
``(15) Original classification authority.--The term
`original classification authority' means an individual
authorized in writing, either by the President, the Vice
President, or by agency heads or other officials designated by
the President, to classify information in the first instance.
``(16) 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.
``(17) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands, Guam,
American Samoa, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau, and
any other possession of the United States.
``Subtitle B--Access to Classified Information Procedures'';
and
(3) by striking section 805.
TITLE I--GOVERNANCE AND ACCOUNTABILITY FOR REFORM OF THE SECURITY
CLASSIFICATION SYSTEM
SEC. 101. EXECUTIVE AGENT FOR CLASSIFICATION AND DECLASSIFICATION.
Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et
seq.), as amended by section 2, is further amended by adding at the end
the following:
``Subtitle C--Security Classification Governance
``SEC. 811. EXECUTIVE AGENT FOR CLASSIFICATION AND DECLASSIFICATION.
``(a) Establishment.--There is in the executive branch of the
Federal Government an Executive Agent for Classification and
Declassification who shall be responsible for promoting programs,
processes, and systems relating to classification and declassification,
including developing technical solutions for automating
declassification review, and directing resources for such purposes in
the Federal Government.
``(b) Designation.--The Director of National Intelligence shall
serve as the Executive Agent for Classification and Declassification.
``(c) Duties.--The duties of the Executive Agent for Classification
and Declassification are as follows:
``(1) To promote classification and declassification
programs, processes, and systems with the goal of ensuring that
declassification activities keep pace with classification
activities and that classified information is declassified at
such time as it no longer meets the standard for
classification.
``(2) To promote classification and declassification
programs, processes, and systems that ensure secure management
of and tracking of classified records.
``(3) To promote the establishment of a federated
classification and declassification system to streamline,
modernize, and oversee declassification across agencies.
``(4) To direct resources to develop, coordinate, and
implement a federated classification and declassification
system that includes technologies that automate
declassification review and promote consistency in
declassification determinations across the executive branch of
the Federal Government.
``(5) To work with the Director of the Office of Management
and Budget in developing a line item for classification and
declassification in each budget of the President that is
submitted for a fiscal year under section 1105(a) of title 31,
United States Code.
``(6) To identify and support the development of--
``(A) best practices for classification and
declassification among agencies; and
``(B) goal oriented classification and
declassification pilot programs.
``(7) To promote and implement technological and automated
solutions relating to classification and declassification, with
human input as necessary for key policy decisions.
``(8) To promote feasible, sustainable, and interoperable
programs and processes to facilitate a federated classification
and declassification system.
``(9) To direct the implementation across agencies of the
most effective programs and approaches relating to
classification and declassification.
``(10) To establish, oversee, and enforce acquisition and
contracting policies relating to classification and
declassification programs.
``(11) In coordination with the Information Security
Oversight Office--
``(A) to issue policies and directives to the heads
of agencies relating to directing resources and making
technological investments in classification and
declassification that include support for a federated
system;
``(B) to ensure implementation of the policies and
directives issued under subparagraph (A);
``(C) to collect information on classification and
declassification practices and policies across
agencies, including challenges to effective
declassification, training, accounting, and costs
associated with classification and declassification;
``(D) to develop policies for ensuring the accuracy
of information obtained from Federal agencies; and
``(E) to develop accurate and relevant metrics for
judging the success of classification and
declassification policies and directives.
``(12) To work with appropriate agencies to oversee the
implementation of policies, procedures, and processes governing
the submission of materials for prepublication review by
persons obligated to submit materials for such review by the
terms of a nondisclosure agreement signed in accordance with
Executive Order 12968 (50 U.S.C. 3161 note; relating to access
to classified information), or successor order, and to ensure
such policies, procedures, and processes--
``(A) include clear and consistent guidance on
materials that must be submitted and the mechanisms for
making such submissions;
``(B) produce timely and consistent determinations
across agencies; and
``(C) incorporate mechanisms for the timely appeal
of such determinations.
``(d) Consultation With Executive Committee on Classification and
Declassification Programs and Technology.--In making decisions under
this section, the Executive Agent for Classification and
Declassification shall consult with the Executive Committee on
Classification and Declassification Programs and Technology established
under section 102(a).
``(e) Coordination With the National Declassification Center.--In
implementing a federated classification and declassification system,
the Executive Agent for Classification and Declassification shall act
in coordination with the National Declassification Center established
by section 3.7(a) of Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security information), or successor
order.
``(f) Standards and Directives of the Information Security
Oversight Office.--The programs, policies, and systems promoted by the
Executive Agent for Classification and Declassification shall be
consistent with the standards and directives established by the
Information Security Oversight Office.
``(g) Annual Report.--
``(1) In general.--Not later than the end of the first full
fiscal year beginning after the date of the enactment of the
Classification Reform Act of 2023 and not less frequently than
once each fiscal year thereafter, the Executive Agent for
Classification and Declassification shall submit to Congress
and make available to the public a report on the implementation
of classification and declassification programs and processes
in the most recently completed fiscal year.
``(2) Coordination.--Each report submitted and made
available under paragraph (1) shall be coordinated with the
annual report of the Information Security Oversight Office
issued pursuant to section 814(d).
``(3) Contents.--Each report submitted and made available
under subsection (a) shall include, for the period covered by
the report, the following:
``(A) The costs incurred by the Federal Government
for classification and declassification.
``(B) A description of information systems of the
Federal Government and technology programs, processes,
and systems of agencies related to classification and
declassification.
``(C) A description of the policies and directives
issued by the Executive Agent for Classification and
Declassification and other activities of the Executive
Agent for Classification and Declassification.
``(D) A description of the challenges posed to
agencies in implementing the policies and directives of
the Executive Agent for Classification and
Declassification as well as relevant implementing
policies of the agencies.
``(E) A description of pilot programs and new
investments in programs, processes, and systems
relating to classification and declassification and
metrics of effectiveness for such programs, processes,
and systems.
``(F) A description of progress and challenges in
achieving the goal described in (c)(1).
``(h) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section amounts
as follows:
``(A) $5,000,000 for fiscal year 2024.
``(B) For fiscal year 2025 and each fiscal year
thereafter, such sums as may be necessary to carry out
this section.
``(2) Budget estimates.--In each budget that the President
submits to Congress for a fiscal year under section 1105(a) of
title 31, United States Code, the President shall include an
estimate of the amounts required to carry out this section in
that fiscal year.''.
SEC. 102. EXECUTIVE COMMITTEE ON CLASSIFICATION AND DECLASSIFICATION
PROGRAMS AND TECHNOLOGY.
Subtitle C of title VIII of the National Security Act of 1947 (50
U.S.C. 3161 et seq.), as added by section 101, is further amended by
adding at the end the following:
``SEC. 812. EXECUTIVE COMMITTEE ON CLASSIFICATION AND DECLASSIFICATION
PROGRAMS AND TECHNOLOGY.
``(a) Establishment.--There is established a committee to provide
direction, advice, and guidance to the Executive Agent for
Classification and Declassification on matters relating to
classification and declassification programs and technology.
``(b) Designation.--The committee established by subsection (a)
shall be known as the `Executive Committee on Classification and
Declassification Programs and Technology' (in this section referred to
as the `Committee').
``(c) Membership.--
``(1) Composition.--The Committee shall be composed of the
following:
``(A) The Director of National Intelligence.
``(B) The Under Secretary of Defense for
Intelligence.
``(C) The Secretary of Energy.
``(D) The Secretary of State.
``(E) The Director of the National Declassification
Center.
``(F) The Director of the Information Security
Oversight Board.
``(G) The Director of the Office of Management and
Budget.
``(H) Such other members as the Executive Agent for
Classification and Declassification considers
appropriate.
``(2) Chairperson.--The President shall appoint the
chairperson of the Committee.''.
SEC. 103. ADVISORY BODIES FOR EXECUTIVE AGENT FOR CLASSIFICATION AND
DECLASSIFICATION.
Subtitle C of title VIII of the National Security Act of 1947 (50
U.S.C. 3161 et seq.), as added by section 101 and amended by section
102, is further amended by adding at the end the following:
``SEC. 813. ADVISORY BODIES FOR EXECUTIVE AGENT FOR CLASSIFICATION AND
DECLASSIFICATION.
``The following are hereby advisory bodies for the Executive Agent
for Classification and Declassification:
``(1) The Public Interest Declassification Board
established by section 703(a) of the Public Interest
Declassification Act of 2000 (Public Law 106-567).
``(2) The Office of the Historian of the Department of
State.
``(3) The Historical Office of the Secretary of Defense.
``(4) The Office of the Chief Historian of the Central
Intelligence Agency.''.
SEC. 104. INFORMATION SECURITY OVERSIGHT OFFICE.
Subtitle C of title VIII of the National Security Act of 1947 (50
U.S.C. 3161 et seq.), as added by section 101 and amended by sections
102 and 103, is further amended by adding at the end the following:
``SEC. 814. INFORMATION SECURITY OVERSIGHT OFFICE.
``(a) Establishment.--
``(1) In general.--There is hereby established in the
executive branch of the Federal Government an office to ensure
the Government protects and provides proper access to
information to advance the national and public interest by
standardizing and assessing the management of classified and
controlled unclassified information through oversight, policy
development, guidance, education, and reporting.
``(2) Designation.--The office established by paragraph (1)
shall be known as the `Information Security Oversight Office'
(in this section referred to as the `Office').
``(b) Director.--There is in the Office a director who shall be the
head of the Office and who shall be appointed by the President.
``(c) Duties.--The duties of the director of the Office, which the
director shall carry out in coordination with the Executive Agent for
Classification and Declassification, are as follows:
``(1) To develop directives to implement a uniform system
across the United States Government for classifying,
safeguarding, declassifying, and downgrading of national
security information.
``(2) To oversee implementation of such directives by
agencies through establishment of strategic goals and
objectives and periodic assessment of agency performance vis-a-
vis such goals and objectives.
``(d) Annual Report.--Each fiscal year, the director of the Office
shall submit to Congress a report on the execution of the duties of the
director under subsection (c).
``(e) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section amounts
as follows:
``(A) $5,000,000 for fiscal year 2024.
``(B) For fiscal year 2025 and each fiscal year
thereafter, such sums as may be necessary to carry out
this section.
``(2) Budget estimates.--In each budget that the President
submits to Congress for a fiscal year under section 1105(a) of
title 31, United States Code, the President shall include an
estimate of the amounts required to carry out this section in
that fiscal year.''.
TITLE II--REDUCING OVERCLASSIFICATION
SEC. 201. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) In General.--Title VIII of the National Security Act of 1947,
as amended by title I of this Act, is further amended by adding at the
end the following:
``Subtitle D--Classification and Declassification
``SEC. 821. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
``(a) In General.--The President may, in accordance with this
title, protect from unauthorized disclosure any information owned by,
produced by or for, or under the control of the executive branch when
there is a demonstrable need to do so in order to protect the national
security of the United States.
``(b) Establishment of Standards and Procedures for Classification
and Declassification.--
``(1) Governmentwide procedures.--
``(A) Classification.--The President shall, to the
extent necessary, establish categories of information
that may be classified and procedures for classifying
information under subsection (a).
``(B) Declassification.--At the same time the
President establishes categories and procedures under
subparagraph (A), the President shall establish
procedures for declassifying information that was
previously classified.
``(C) Minimum requirements.--The procedures
established pursuant to subparagraphs (A) and (B)
shall--
``(i) permit the classification of
information only in cases in which the
information meets the standard set forth in
subsection (c) and require the declassification
of information that does not meet such
standard;
``(ii) provide for no more than two levels
of classification;
``(iii) provide for the declassification of
information classified under this title in
accordance with subsection (d);
``(iv) provide for the automatic
declassification of classified records with
permanent historical value in accordance with
subsection (e); and
``(v) provide for the timely review of
materials submitted for prepublication review
in accordance with subsection (g).
``(2) Notice and comment.--
``(A) Notice.--The President shall publish in the
Federal Register notice regarding the categories and
procedures proposed to be established under paragraph
(1).
``(B) Comment.--The President shall provide an
opportunity for interested persons to submit comments
on the categories and procedures covered by
subparagraph (A).
``(C) Deadline.--The President shall complete the
establishment of categories and procedures under this
subsection not later than 60 days after publishing
notice in the Federal Register under subparagraph (A).
Upon completion of the establishment of such categories
and procedures, the President shall publish in the
Federal Register notice regarding such categories and
procedures.
``(3) Modification.--In the event the President determines
to modify any categories or procedures established under
paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall
apply to the modification of such categories or procedures.
``(4) Agency standards and procedures.--
``(A) In general.--The head of each agency shall
establish a single set of consolidated standards and
procedures to permit such agency to classify and
declassify information created by such agency in
accordance with the categories and procedures
established by the President under this section and
otherwise to carry out this title.
``(B) Deadline.--Each agency head shall establish
the standards and procedures under subparagraph (A) not
later than 60 days after the date on which the
President publishes notice under paragraph (2)(C) of
the categories and standards established by the
President under this subsection.
``(C) Submittal to congress.--Each agency head
shall submit to Congress the standards and procedures
established by such agency head under this paragraph.
``(c) Standard for Classification and Declassification.--
``(1) In general.--Subject to paragraphs (2) and (3),
information may be classified under this title, and classified
information under review for declassification under this title
may remain classified, only if the harm to national security
that might reasonably be expected from disclosure of such
information outweighs the public interest in disclosure of such
information.
``(2) Default rules.--
``(A) Default with respect to classification.--In
the event of significant doubt whether the harm to
national security that might reasonably be expected
from the disclosure of information would outweigh the
public interest in the disclosure of such information,
such information shall not be classified.
``(B) Default with respect to declassification.--In
the event of significant doubt whether the harm to
national security that might reasonably be expected
from the disclosure of information previously
classified under this title would outweigh the public
interest in the disclosure of such information, such
information shall be declassified.
``(3) Criteria.--For purposes of this subsection, in
determining the harm to national security that might reasonably
be expected from disclosure of information, and the public
interest in the disclosure of information, the official making
the determination shall consider the following:
``(A) With regard to the harm to national security
that might reasonably be expected from disclosure of
information, whether or not disclosure of the
information would--
``(i) reveal the identity of a confidential
human source, or reveal information about the
application of an intelligence source or
method, or reveal the identity of a human
intelligence source when the unauthorized
disclosure of that source would clearly and
demonstrably damage the national security
interests of the United States;
``(ii) reveal information that would assist
in the development or use of weapons of mass
destruction;
``(iii) reveal information that would
impair United States cryptologic systems or
activities;
``(iv) reveal information that would impair
the application of state of the art technology
within a United States weapons system;
``(v) reveal actual United States military
war plans that remain in effect;
``(vi) reveal information that would
seriously and demonstrably impair relations
between the United States and a foreign
government, or seriously and demonstrably
undermine ongoing diplomatic activities of the
United States;
``(vii) reveal information that would
clearly and demonstrably impair the current
ability of United States Government officials
to protect the President, Vice President, and
other officials for whom protection services,
in the interest of national security, are
authorized;
``(viii) reveal information that would
seriously and demonstrably impair current
national security emergency preparedness plans;
or
``(ix) violate a statute, treaty, or
international agreement.
``(B) With regard to the public interest in
disclosure of information--
``(i) whether or not disclosure of the
information would better enable United States
citizens to hold Government officials
accountable for their actions and policies;
``(ii) whether or not disclosure of the
information would assist the United States
criminal justice system in holding persons
responsible for criminal acts or acts contrary
to the Constitution;
``(iii) whether or not disclosure of the
information would assist Congress, or any
committee or subcommittee thereof, in carrying
out its oversight responsibilities with regard
to the executive branch or in adequately
informing itself of executive branch policies
and activities in order to carry out its
legislative responsibilities;
``(iv) whether the disclosure of the
information would assist Congress or the public
in understanding the interpretation of the
Federal Government of a provision of law,
including Federal regulations, presidential
directives, statutes, case law, and the
Constitution of the United States; or
``(v) whether or not disclosure of the
information would bring about any other
significant benefit, including an increase in
public awareness or understanding of Government
activities or an enhancement of Government
efficiency.
``(4) Written justification for classification.--
``(A) Original classification.--Each agency
official who makes a decision to classify information
not previously classified shall, at the time of the
classification decision--
``(i) identify himself or herself; and
``(ii) provide in writing a detailed
justification of that decision.
``(B) Derivative classification.--In any case in
which an agency official or contractor employee
classifies a document on the basis of information
previously classified that is included or referenced in
the document, the official or employee, as the case may
be, shall--
``(i) identify himself or herself in that
document; and
``(ii) use a concise notation, or similar
means, to document the basis for that decision.
``(5) Classification prohibitions and limitations.--
``(A) In general.--In no case shall information be
classified, continue to be maintained as classified, or
fail to be declassified in order--
``(i) to conceal violations of law,
inefficiency, or administrative error;
``(ii) to prevent embarrassment to a
person, organization, or agency;
``(iii) to restrain competition; or
``(iv) to prevent or delay the release of
information that does not require protection in
the interest of the national security.
``(B) Basic scientific research.--Basic scientific
research information not clearly related to the
national security shall not be classified.
``(C) Reclassification.--Information may not be
reclassified after being declassified and release to
the public under proper authority unless personally
approved by the President based on a determination that
such reclassification is required to prevent
significant and demonstrable damage to the national
security.
``(d) Declassification of Information Classified Under Act.--
``(1) In general.--No information may remain classified
indefinitely.
``(2) Maximum period of classification.--Except as provided
in paragraphs (3), (4), and (5), information may not remain
classified under this title after the date that is 25 years
after the date of the original classification of the
information.
``(3) Earlier declassification.--When classifying
information under this title, an agency official may provide
for the declassification of the information as of a date or
event that is earlier than the date otherwise provided for
under paragraph (2).
``(4) Later declassification.--When classifying information
under this title, an agency official may provide for the
declassification of the information on the date that is 50
years after the date of the classification if the head of the
agency--
``(A) determines that there is no likely set of
circumstances under which declassification would occur
within the time otherwise provided for under paragraph
(2);
``(B)(i) obtains the concurrence of the director of
the Information Security Oversight Office in the
determination; or
``(ii) if the agency head seeks but is unable to
obtain concurrence under clause (i), obtains the
concurrence of the President; and
``(C) submits to the President a certification of
the determination.
``(5) Postponement of declassification.--
``(A) In general.--The declassification of any
information or category of information that would
otherwise be declassified under paragraph (2) or (4)
may be postponed, but only with the personal approval
of the President based on a determination that such
postponement is required to prevent significant and
demonstrable damage to the national security of the
United States.
``(B) General duration of postponement.--
Information the declassification of which is postponed
under this paragraph may remain classified not longer
than 10 years after the date of the postponement,
unless such classification is renewed by the President.
``(C) Congressional notification.--Within 30 days
of any postponement or renewal of a postponement under
this paragraph, the President shall provide written
notification to Congress of such postponement or
renewal that describes the significant and demonstrable
damage to the national security of the United States
that justifies such postponement or renewal.
``(6) Basis for determinations.--An agency official making
a determination under this subsection with respect to the
duration of classification of information, or the
declassification of information, shall make the determination
required under subsection (c) with respect to classification or
declassification in accordance with an assessment of the
criteria specified in paragraph (3) of such subsection (c) that
is current as of the determination.
``(e) Automatic Declassification of Classified Records.--
``(1) In general.--Except as provided in paragraph (2), all
classified records that are more than 50 years old and have
been determined to have permanent historical value under title
44, United States Code, shall be automatically declassified on
December 31 of the year that is 50 years after the date on
which the records were created, whether or not the records have
been reviewed.
``(2) Postponement.--
``(A) Agency postponement.--The head of an agency
may postpone automatic declassification under paragraph
(1) of specific records or information, or renew a
period of postponed automatic declassification, if the
agency head determines that disclosure of the records
or information would clearly and demonstrably be
expected--
``(i) to reveal the identity of a
confidential human source or a human
intelligence source; or
``(ii) to reveal information that would
assist in the development, production, or use
of weapons of mass destruction.
``(B) Presidential postponement.--The President may
postpone automatic declassification under paragraph (1)
of specific records or information if the President
determines that such postponement is required to
prevent significant and demonstrable damage to the
national security of the United States.
``(C) General duration of postponement.--A period
of postponement automatic declassification under this
paragraph shall not exceed 10 years after the date of
the postponement, unless renewed by the agency head who
postponed the automatic declassification or the
President.
``(D) Congressional notification.--Within 30 days
of any postponement or renewal of a postponement under
this paragraph, the agency head or President
responsible for the postponement shall provide written
notification to Congress of such postponement or
renewal that describes the justification for such
postponement or renewal.
``(f) Declassification of Current Classified Information.--
``(1) Procedures.--The President shall establish procedures
for declassifying information that was classified before the
date of the enactment of the Classification Reform Act of 2023.
Such procedures shall, to the maximum extent practicable, be
consistent with the provisions of this section.
``(2) Automatic declassification.--The procedures
established under paragraph (1) shall include procedures for
the automatic declassification of information referred to in
paragraph (1) that has remained classified for more than 25
years as of such date.
``(3) Notice and comment.--
``(A) Notice.--The President shall publish notice
in the Federal Register of the procedures proposed to
be established under this subsection.
``(B) Comment.--The President shall provide an
opportunity for interested persons to submit comments
on the procedures covered by subparagraph (A).
``(C) Deadline.--The President shall complete the
establishment of procedures under this subsection not
later than 60 days after publishing notice in the
Federal Register under subparagraph (A). Upon
completion of the establishment of such procedures, the
President shall publish in the Federal Register notice
regarding such procedures.
``(g) Prepublication Review.--
``(1) In general.--The head of each agency that requires
personnel to sign a nondisclosure agreement in accordance with
Executive Order 12968 (50 U.S.C. 3161 note; relating to access
to classified information), or successor order, providing for
the submittal of materials for prepublication review, shall
establish a process for the timely review of such materials
consistent with the requirements of this title.
``(2) Requirements.--Each process established under
paragraph (1) shall include the following:
``(A) Clear guidance on materials required to be
submitted and the means of submission.
``(B) Mechanisms for ensuring consistent
decisionmaking across multiple agencies.
``(C) Mechanisms for appeal of decisions made in
the course of the review process.
``(3) Centralized appeal.--The President shall establish a
mechanism for centralized appeal of agency decisions made
pursuant to this subsection.''.
(b) Conforming Amendment to FOIA.--Section 552(b)(1) of title 5,
United States Code, is amended to read as follows:
``(1)(A) specifically authorized to be classified under the
Classification Reform Act of 2023, or specifically authorized
under criteria established by an Executive order to be kept
secret in the interest of national security; and
``(B) are in fact properly classified pursuant to that Act
or Executive order;''.
(c) Effective Date.--
(1) In general.--Section 821 of the National Security Act
of 1947, as added by subsection (a), and the amendment made by
subsection (b), shall take effect on the date that is 180 days
after the date of the enactment of this Act.
(2) Relation to presidential directives.--Presidential
directives regarding classifying, safeguarding, and
declassifying national security information, including
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor order,
in effect on the day before the date of the enactment of this
Act, as well as procedures issued pursuant to such Presidential
directives, shall remain in effect until supersede by
procedures issues pursuant to section 821 of the National
Security Act of 1947, as added by subsection (a).
SEC. 202. DECLASSIFICATION WORKING CAPITAL FUNDS.
Subtitle D of title VIII of the National Security Act of 1947, as
added by section 201, is further amended by adding at the end the
following:
``SEC. 822. DECLASSIFICATION WORKING CAPITAL FUNDS.
``(a) Definition of Covered Agency.--In this section, the term
`covered agency' means an agency that has original classification
authority.
``(b) Programs Required.--Not later than 90 days after the date of
the enactment of the Classification Reform Act of 2023, each head of a
covered agency shall establish a program for the automatic
declassification of classified records that have permanent historical
value.
``(c) Estimates.--Each head of a covered agency shall ensure that
the program established by the head pursuant to subsection (b) includes
a mechanism for estimating the number of classified records generated
by each subcomponent of the covered agency each fiscal year.
``(d) Declassification Working Capital Funds.--
``(1) Establishment.--For each covered agency, there is
established in the Treasury of the United States a fund to be
known as the `Declassification Working Capital Fund' of the
respective covered agency.
``(2) Contents of funds.--Each fund established under
paragraph (1) shall consist of the following:
``(A) Amounts transferred to the fund under
subsection (e).
``(B) Amounts appropriated to the fund.
``(3) Availability and use of funds.--Subject to the
concurrence of the Executive Agent for Classification and
Declassification, amounts in a fund of a covered agency
established by paragraph (1) shall be available, without fiscal
year limitation, to promote and implement technological and
automated solutions that are interoperable across covered
agencies to support the programs of covered agencies
established pursuant to subsection (b).
``(e) Transfers to the Funds.--Each head of a covered agency shall
issue regulations for the covered agency, subject to review and
approval by the Executive Agent for Classification and
Declassification, that require each subcomponent of the covered agency
to transfer, on a periodic basis, to the fund established for the
covered agency under subsection (c)(1), an amount for a period that
bears the same ratio to the total of amounts transferred to the fund by
all subcomponents of the covered agency for that period as the ratio
of--
``(1) the estimate for the subcomponent pursuant to the
mechanism required by subsection (c) for that period; bears to
``(2) the aggregate of all of the estimates for all
subcomponents of the Executive agency under such mechanism for
the same period.''.
SEC. 203. TRANSPARENCY OFFICERS.
Section 1062(a) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee-1(a)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4)(C), by striking the period at the end
and inserting ``; and'';
(3) by adding at the end the following:
``(5) assist the head of such department, agency, or
element and other officials of such department, agency, or
element in identifying records of significant public interest
and prioritizing appropriate review of such records in order to
facilitate the public disclosure of such records in redacted or
unredacted form.'';
(4) in paragraph (4), by redesignating subparagraphs (A)
through (C) as clauses (i) through (iii), respectively, and
indenting such clauses 2 ems to the right;
(5) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting such
subparagraphs 2 ems to the right;
(6) in the matter before subparagraph (A), as redesignated
by paragraph (5), by striking ``The Attorney General'' and
inserting the following:
``(1) In general.--The Attorney General''; and
(7) by adding at the end the following:
``(2) Determining public interest in disclosure.--In
assisting the head of a department, agency, or element and
other officials of such department, agency, or element in
identifying records of significant public interest under
subparagraph (E) of paragraph (1), a senior officer designated
under such paragraph shall consider--
``(A) whether or not disclosure of the information
would better enable United States citizens to hold
Federal Government officials accountable for their
actions and policies;
``(B) whether or not disclosure of the information
would assist the United States criminal justice system
in holding persons responsible for criminal acts or
acts contrary to the Constitution;
``(C) whether or not disclosure of the information
would assist Congress, or any committee or subcommittee
thereof, in carrying out its oversight responsibilities
with regard to the executive branch or in adequately
informing itself of executive branch policies and
activities in order to carry out its legislative
responsibilities;
``(D) whether the disclosure of the information
would assist Congress or the public in understanding
the interpretation of the Federal Government of a
provision of law, including Federal regulations,
presidential directives, statutes, case law, and the
Constitution of the United States; or
``(E) whether or not disclosure of the information
would bring about any other significant benefit,
including an increase in public awareness or
understanding of Government activities or an
enhancement of Federal Government efficiency.''.
SEC. 204. CONTINUITY OF MEMBERSHIP OF THE PUBLIC INTEREST
DECLASSIFICATION BOARD.
(a) Continuity of Membership.--Subsection (c)(2) of section 703 of
the Public Interest Declassification Act of 2000 (50 U.S.C. 3355a) is
amended by adding at the end the following:
``(E) Notwithstanding the other provisions of this
paragraph, a member whose term has expired may continue to
serve until a successor is appointed.''.
(b) Meetings.--Subsection (e) of such section is amended, in the
second sentence, by inserting ``appointed'' before ``members''.
TITLE III--PREVENTING MISHANDLING OF CLASSIFIED INFORMATION
SEC. 301. SECURITY REVIEW OF CERTAIN RECORDS OF THE PRESIDENT AND VICE
PRESIDENT.
Title VIII of the National Security Act of 1947, as amended by
titles I and II of this Act, is further amended by adding at the end
the following:
``Subtitle E--Protection of Classified Information
``SEC. 831. SECURITY REVIEW OF CERTAIN RECORDS OF THE PRESIDENT AND
VICE PRESIDENT.
``(a) Definitions.--In this section:
``(1) Archivist, documentary material, presidential
records, personal records.--The terms `Archivist', `documentary
material', `Presidential records', and `personal records' have
the meanings given such terms in section 2201 of title 44,
United States Code.
``(2) Commingled or uncategorized records.--
``(A) In general.--Except as provided in
subparagraph (B), the term `commingled or uncategorized
records' means all documentary materials not
categorized as Presidential records or personal records
upon their creation or receipt and filed separately
pursuant to section 2203(d) of title 44, United States
Code.
``(B) Exception.--The term `commingled or
uncategorized records' does not include documentary
materials that are--
``(i) official records of an agency (as
defined in section 552(f) of title 5, United
States Code);
``(ii) stocks of publications and
stationery; or
``(iii) extra copies of documents produced
only for convenience of reference, when such
copies are clearly so identified.
``(3) Official records of an agency.--The term `official
records of an agency' means official records of an agency
within the meaning of such terms in section 552 of title 5,
United States.
``(b) Presumption of Presidential Records.--Commingled or
uncategorized records shall be presumed to be Presidential records,
unless the President or Vice President--
``(1) categorizes the commingled or uncategorized records
as personal records in accordance with subsection (c); or
``(2) determines the commingled or uncategorized records
are--
``(A) official records of an agency;
``(B) stocks of publications and stationery; or
``(C) extra copies of documents produced only for
convenience of reference, when such copies are clearly
so identified.
``(c) Categorizing Commingled or Uncategorized Records as Personal
Records.--At any time during the President or Vice President's term of
office, the President or Vice President may categorize commingled or
uncategorized records as personal records if--
``(1) the Archivist performs a security review of the
commingled or uncategorized records that is reasonably designed
to identify records that contain standard markings indicating
that records contain classified information;
``(2) the President obtains written confirmation from the
Archivist that the review conducted pursuant to paragraph (1)
did not identify any records that contain standard markings
indicating that records contain classified information or, if
such markings were improperly applied, that such markings have
been corrected; and
``(3) the President obtains written confirmation from the
Archivist that the Archivist is not aware of any other
requirement that would preclude categorizing the commingled or
uncategorized records as personal records.
``(d) Review of Commingled or Uncategorized Records of Former
Presidents and Vice Presidents.--
``(1) Requests for review.--During the 180-day period
following the end of the term of office of a former President
or Vice President--
``(A) the former President or Vice President may
request that the Archivist review the categorization of
any commingled or uncategorized records created or
received during the term of the former President or
Vice-President; and
``(B) the Archivist shall perform a security review
of the commingled or uncategorized records pursuant to
the request.
``(2) Actions upon completion of review.--If, pursuant to a
review under paragraph (1), the Archivist determines that any
commingled or uncategorized records reviewed are improperly
categorized, the Archivist shall--
``(A) submit to the President a recommendation to
correct the categorization of the records; and
``(B) notify the former President or Vice-President
of that recommendation.''.
SEC. 302. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.
(a) In General.--Subtitle E of title VIII of the National Security
Act of 1947, as added by section 301, is amended by adding at the end
the following:
``SEC. 832. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.
``(a) Mishandling or Unauthorized Disclosure of Classified
Information Defined.--In this section, the term `mishandling or
unauthorized disclosure of classified information' means any
unauthorized storage, retention, communication, confirmation,
acknowledgment, or physical transfer of classified information.
``(b) Assessments.--The Director of the National
Counterintelligence and Security Center shall prepare a written
assessment of the risk to national security from any mishandling or
unauthorized disclosure of classified information involving the conduct
of the President, Vice President, or an official listed in Level I of
the Executive Schedule under section 5312 of title 5, United States
Code, within 90 days of the detection of such mishandling or
unauthorized disclosure.
``(c) Description of Risks.--A written assessment prepared pursuant
to subsection (b) shall describe the risk to national security if the
classified information were to be exposed in public or to a foreign
adversary.
``(d) Submittal of Assessments.--Each written assessment prepared
pursuant to subsection (b) shall be submitted to Congress, in
classified form, upon completion.''.
(b) Prospective Application.--Section 832 of such Act, as added by
subsection (a), shall apply to incidents of mishandling or unauthorized
disclosure of classified information (as defined in such section)
detected on or after the date of the enactment of this Act.
SEC. 303. MINIMUM STANDARDS FOR EXECUTIVE AGENCY INSIDER THREAT
PROGRAMS.
(a) Definitions.--In this section, the terms ``agency'' and
``classified information'' have the meanings given such terms in
section 800 of the National Security Act of 1947, as added by section
2.
(b) Establishment of Insider Threat Programs.--Each head of an
agency with access to classified information shall establish an insider
threat program to protect classified information from unauthorized
disclosure.
(c) Minimum Standards.--In carrying out an insider threat program
established by the head of an agency pursuant to subsection (b), the
head of the agency shall--
(1) designate a senior official of the agency who shall be
responsible for management of the program;
(2) monitor user activity on all classified networks in
order to detect activity indicative of insider threat behavior;
(3) build and maintain an insider threat analytic and
response capability to review, assess, and respond to
information obtained pursuant to paragraph (2); and
(4) provide insider threat awareness training to all
cleared employees within 30 days of entry-on-duty or granting
of access to classified information and annually thereafter.
(d) Annual Reports.--Not less frequently that once each year, the
Director of National Intelligence shall, serving as the Security
Executive Agent under section 803 of the National Security Act of 1947
(50 U.S.C. 3162a), submit to Congress an annual report on the
compliance of agencies with respect to the requirements of this
section.
TITLE IV--OTHER MATTERS
SEC. 401. PROHIBITIONS.
(a) Withholding Information From Congress.--Nothing in this Act or
an amendment made by this Act shall be construed to authorize the
withholding of information from Congress.
(b) Judicial Review.--Except in the case of the amendment to
section 552 of title 5, United States Code, made by section 201(b), no
person may seek or obtain judicial review of any provision of this Act
or any action taken under a provision of this Act.
SEC. 402. CONFORMING AMENDMENT.
Section 804 of the National Security Act of 1947 (50 U.S.C. 3163)
is amended by striking ``this title'' and inserting ``sections 801 and
802''.
SEC. 403. CLERICAL AMENDMENT.
The table of contents for the National Security Act of 1947 is
amended by striking the items relating to title VIII and inserting the
following:
``TITLE VIII--PROTECTION OF NATIONAL SECURITY INFORMATION
``Subtitle A--Definitions
``Sec. 800. Definitions.
``Subtitle B--Access to Classified Information Procedures
``Sec. 801. Procedures.
``Sec. 802. Requests by authorized investigative agencies.
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Subtitle C--Security Classification Governance
``Sec. 811. Executive Agent for Classification and Declassification.
``Sec. 812. Executive Committee on Classification and Declassification
Programs and Technology.
``Sec. 813. Advisory bodies for Executive Agent for Classification and
Declassification.
``Sec. 814. Information Security Oversight Office.
``Subtitle D--Classification and Declassification
``Sec. 821. Classification and declassification of information.
``Sec. 822. Declassification working capital funds.
``Subtitle E--Protection of Classified Information
``Sec. 831. Security review of certain records of the President and
Vice President.
``Sec. 832. Mandatory counterintelligence risk assessments.''.
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