[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3495 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3495
To improve the classification and declassification of national security
information, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 13, 2023
Mr. Cornyn (for himself, Mr. Warner, Ms. Collins, Mr. Lankford, Mr.
Moran, and Mr. King) 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.
This Act may be cited as the ``Amended Sensible Classification Act
of 2023''.
SEC. 2. 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, in accordance with
existing processes to protect national security under the Freedom of
Information Act and the mandatory review provisions of Executive Order
13526, review the record and process the record for declassification
and release by the National Declassification Center of the National
Archives and Records Administration, unless the head of agency--
(1) makes a certification to Congress, including the
congressional intelligence committees, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on
the Judiciary of the Senate, and the Committee on Armed
Services, the Committee on Oversight and Accountability, the
Committee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives, that the
declassification of certain components within the record would
be harmful to the protection of sources and methods or national
security, pursuant to existing processes; and
(2) provides an explanation to Congress, including the
congressional intelligence committees, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on
the Judiciary of the Senate, and the Committee on Armed
Services, the Committee on Oversight and Accountability, the
Committee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives, for such
certification.
(b) Application.--Subsection (a) shall apply regardless of whether
or not the record described in such subsection is in the legal custody
of the National Archives and Records Administration.
SEC. 3. 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 hold employees accountable for over-
classification and to promote sensible classification.
SEC. 4. 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 the earlier of--
``(A) the date that a successor is appointed and sworn in;
and
``(B) the date that is 1 year after the date of the
expiration of the term.
``(6) Not later than 30 days after the date on which the term of a
member of the Board ends, the appointing authority of the member shall
submit to Congress a plan to appoint a successor.''; and
(2) in subsection (f)--
(A) by inserting ``(1)'' before ``Any employee'';
and
(B) by adding at the end the following:
``(2) In addition to any employees detailed to the Board under
paragraph (1), the Board may, subject to the availability of funds,
hire not more than 12 staff members.''.
SEC. 5. 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 solutions--
(A) 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 and Congress, including the
congressional intelligence committees, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Committee on
the Judiciary of the Senate, and the Committee on Armed
Services, the Committee on Oversight and Accountability, the
Committee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives, recommendations
regarding a technology-based solutions described in paragraph
(1).
(b) Report.--Not later than 540 days after the date of the
enactment of this Act, the President shall submit to Congress a
classified report describing actions taken to implement the
recommendations under subsection (a)(2).
SEC. 6. 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, including the congressional
intelligence committees, the Committee on Armed
Services, the Committee on Homeland Security and
Governmental Affairs, the Committee on Foreign
Relations, the Committee on the Judiciary of the
Senate, and the Committee on Armed Services, the
Committee on Oversight and Accountability, the
Committee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives, 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 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.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) review the number of personnel eligible for access to
sensitive compartmented information; and
(2) submit to Congress, including the congressional
intelligence committees, the Committee on Armed Services, the
Committee on Homeland Security and Governmental Affairs, the
Committee on Foreign Relations, the Committee on the Judiciary
of the Senate, and the Committee on Armed Services, the
Committee on Oversight and Accountability, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives, 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.--Not later than 1
year after the date of the enactment of this Act, 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, including the congressional
intelligence committees, the Committee on Armed Services, the
Committee on Homeland Security and Governmental Affairs, the
Committee on Foreign Relations, the Committee on the Judiciary
of the Senate, and the Committee on Armed Services, the
Committee on Oversight and Accountability, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives, 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.--Not later
than 1 year after the date of enactment of this Act, 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, including the congressional
intelligence committees, the Committee on Armed Services, the
Committee on Homeland Security and Governmental Affairs, the
Committee on Foreign Relations, the Committee on the Judiciary
of the Senate, and the Committee on Armed Services, the
Committee on Oversight and Accountability, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives, 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 Office
of Management and Budget shall each review the study or review, as the
case may be.
SEC. 7. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES.
In this Act, the term ``congressional intelligence committees'' has
the meaning given such term in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003).
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