[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4648 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4648
To require the President to establish a task force on streamlining the
classified national security information system and narrowing of the
criteria for classification of information, to make improvements with
respect to such classification system, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2024
Mr. Peters (for himself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To require the President to establish a task force on streamlining the
classified national security information system and narrowing of the
criteria for classification of information, to make improvements with
respect to such classification system, 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 ``Classification Reform for
Transparency Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Classification.--The term ``classification'' means the
act or process by which information is determined to be
classified information.
(2) Classification system.--The term ``classification
system'' means the system of the Federal Government for
classification and declassification.
(3) Classified information.--The term ``classified
information'' has the meaning given the term ``classified
information of the United States'' in section 1924(c) of title
18, United States Code.
(4) Declassification.--The term ``declassification'' means
the authorized change in the status of information from
classified information to unclassified information.
(5) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(6) 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
Federal Government.
(7) National declassification center.--The term ``National
Declassification Center'' means the National Declassification
Center established by section 3.7 of Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information), or successor center.
(8) Panel.--The term ``Panel'' means the Interagency
Security Classification Appeals Panel established by section
5.3 of Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor panel.
SEC. 3. CLASSIFICATION PROHIBITIONS AND LIMITATIONS.
(a) In General.--Notwithstanding any other provision of law, in no
case shall information be classified, continue to be maintained as
classified, or fail to be declassified in order--
(1) to conceal a violation of law, inefficiency,
mismanagement, or administrative error;
(2) to prevent embarrassment to a person, organization, or
element of the Federal Government;
(3) to restrain competition; or
(4) 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 of the United
States shall not be classified.
(c) Reclassification.--
(1) In general.--Except as provided in paragraph (2),
information may not be reclassified after declassification and
release to the public under proper authority.
(2) Waiver.--The National Security Advisor may authorize
the reclassification of information after declassification and
release as described in paragraph (1) in a case in which the
National Security Advisor determines that doing so is in the
interest of national security.
SEC. 4. TASK FORCE ON STREAMLINING CLASSIFICATION SYSTEM AND NARROWING
OF CLASSIFICATION CRITERIA.
(a) Establishment Required.--Not later than 90 days after the date
of the enactment of this Act, the President shall establish a task
force to streamline the classification system and to narrow the
criteria for classification.
(b) Membership.--The task force established pursuant to subsection
(a) shall be composed of members selected as follows:
(1) At least 1 member selected by the Director of National
Intelligence.
(2) At least 1 member selected by the Archivist of the
United States.
(3) At least 1 member selected by the Secretary of Defense.
(4) At least 1 member selected by the Secretary of State.
(5) At least 1 member selected by the Attorney General.
(6) Such additional members as the President considers
appropriate.
(c) Duties.--The duties of the task force established pursuant to
subsection (a) are as follows:
(1) To create a plan for phasing out the use in the
classification system of the classification level designated as
``Confidential''.
(2) To develop specific guidance on the precise meaning of
``damage to the national security'' as it pertains to Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order.
(3) To develop specific guidance on the precise meaning of
``intelligence sources or methods'' as it pertains to such
Executive order.
(4) To develop additional guidance related to narrowing the
criteria for classification and the exemptions from automatic
declassification.
(d) Deadline and Report.--Not later than 1 year after the date on
which the President establishes the task force required by subsection
(a), the task force shall--
(1) complete the duties set forth under subsection (c); and
(2) submit to Congress and make publicly available a report
with the plan created under paragraph (1) of subsection (c) and
the guidance developed under paragraphs (2) and (3) of such
subsection.
SEC. 5. AUTOMATIC EXPIRATION OF CLASSIFICATION STATUS.
(a) Automatic Expiration.--
(1) In general.--Subject to subsection (b), the
classification marking on any information that is more than 50
years old shall be considered expired, and the information
shall be considered unclassified.
(2) Effective date.--Paragraph (1) shall take effect on the
date that is 3 years after the date of the enactment of this
Act.
(b) Authority To Exempt.--The President may, as the President
considers appropriate, exempt specific information from the requirement
of subsection (a)(1) pursuant to a request received by the President
pursuant to subsection (c).
(c) Requests for Exemptions.--In extraordinary cases, the head of
an Executive agency may request from the President an exemption to the
requirement of subsection (a)(1) for specific information that
reveals--
(1) the identity of a human source or human intelligence
source in a case in which the source or a relative of the
source is alive and disclosure would present a clear danger to
the safety of the source or relative;
(2) a key design concept of a weapon of mass destruction;
or
(3) information that would result in critical harm to
ongoing or future operations.
(d) Notification.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committee of Congress''
means--
(A) the Committee on Homeland Security and
Governmental Affairs and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Oversight and Accountability
and the Permanent Select Committee on Intelligence of
the House of Representatives.
(2) In general.--If an exemption is requested pursuant to
subsection (c), the President shall, not later than 30 days
after the date on which the President approves or rejects the
requested exemption, submit to Congress, including the
appropriate committees of Congress, notice of such approval or
rejection.
(3) Contents.--Each notice submitted pursuant to paragraph
(2) for an approval or rejection shall include a justification
for the approval or rejection.
(4) Form.--To the degree practicable, each notice submitted
pursuant to paragraph (2) shall be submitted in unclassified
form.
SEC. 6. REFORMS OF THE CLASSIFICATION SYSTEM.
(a) Declassification Authority of National Declassification
Center.--Beginning 1 year after the date that the National
Declassification Center refers any information that is among the
holdings of the National Archives and eligible for automatic
declassification pursuant to Executive Order 13526 (50 U.S.C. 3161
note; relating to classified national security information), or
successor order, to any relevant Executive agency for review and if
such Executive agency has not completed the review, the National
Declassification Center may declassify the information without
requiring review by or approval for declassification or release from
any Executive agency.
(b) Incorporation of Interagency Security Classification Appeals
Panel in Classification and Declassification Guidance.--
(1) Decisions of panel as binding precedent.--Decisions of
the Panel shall create a binding precedent on each Executive
agency with respect to the classification status of information
subject to the decision, unless the decision is overturned by
the President.
(2) Timing of binding precedent.--Decisions of the Panel
shall become binding on each Executive agency after an appeal--
(A) is not exercised by an agency; or
(B) is rejected by the President.
(3) Incorporation of decisions into guidance.--The National
Declassification Center and each head of an Executive agency
shall incorporate decisions of the Panel into classification
and declassification guidance as may be applicable.
(4) Congressional oversight.--
(A) Definition of appropriate committees of
congress.--In this paragraph, the term ``appropriate
committee of Congress'' means--
(i) the Committee on Homeland Security and
Governmental Affairs and the Select Committee
on Intelligence of the Senate; and
(ii) the Committee on Oversight and
Accountability and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(B) Annual report.--Each year, the Panel shall
submit to the appropriate committees of Congress an
annual report summarizing the decisions of the Panel
for the year covered by the report and the precedents
that were created.
(c) Declassification Upon Request of Congress.--
(1) In general.--Not later than 90 days after the date on
which the head of an Executive agency receives a request from a
chair, vice-chair, or ranking member of an appropriate
committee of Congress for declassification of specific
information in the possession of the Executive agency, the head
of the Executive agency shall--
(A) review the information for declassification;
and
(B) provide the member of Congress--
(i) the declassified information or
document; or
(ii) notice that, pursuant to review under
subparagraph (A), the information is not being
declassified, along with a justification for
not declassifying the information.
(2) Complex or lengthy requests.--In a case in which the
head of an Executive agency receives a request as described in
paragraph (1) and the head determines that such request is
particularly complex or lengthy, such paragraph shall be
applied by substituting ``180 days'' for ``90 days''.
(d) Mandatory Declassification Review for Matters in the Public
Interest.--The President shall require that the mandatory
declassification review process established pursuant to Executive Order
13526 (50 U.S.C. 3161 note; relating to classified national security
information), or successor order, include--
(1) a process by which members of the public may request
declassification of information in cases in which--
(A) the information meets the standards for
classification; and
(B) the public interest in disclosure would
outweigh the national security harm that could
reasonably be expected to result from disclosure of the
information; and
(2) an expedited process for consideration of
declassification of information in cases in which there is
urgency to inform the public concerning actual or alleged
Federal Government activity.
(e) Remediation To Address Excessive Classification and
Insufficient Declassification Actions of Employees and Contractors.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, each head of an Executive agency
shall develop and implement, in consultation with the Director
of the Office of Personnel Management, the Director of National
Intelligence, and the Director of the Information Security
Oversight Office, a system that includes the following
elements:
(A) Periodic audits, or other evidence-based
approaches, to identify and correct agency-wide trends
in employees of Executive agencies who knowingly,
willfully, negligently, or frequently classify
information--
(i) that does not meet the standard for
classification set forth in the applicable
Executive order or statute; or
(ii) at a higher level than warranted under
the applicable Executive order or statute.
(B) Remedial measures or administrative penalties,
as may be appropriate, including reprimand, suspension
without pay, removal, termination of classification
authority, loss or denial of access to classified
information, or other sanctions in accordance with
applicable law and agency regulation.
(C) At a minimum, the prompt removal of the
classification authority of any individual who
demonstrates reckless disregard or a pattern of error
in applying the classification standards of Executive
Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor
order.
(D) Periodic reevaluation for employees who are
identified pursuant to subparagraph (A).
(E) Development of criteria to incorporate
responsible use of the classification system in the
performance standards and reviews of employees whose
duties significantly involve the creation or handling
of classified information.
(F) A safe harbor for employees who fail to apply
classification markings to, or otherwise protect,
classified information in cases in which--
(i) the employee identifies significant
ambiguity as to the classification status of
the information; or
(ii) the failure is an isolated or rare
instance and is neither willful, knowing, or
negligent.
(G) Employees who meet the criteria to utilize a
safe harbor as specified in subparagraph (F) shall not
be subject to any remedial measures or administrative
penalties, including suspension or termination of
clearance or classification authority, as a result of
their failure to apply classification markings to, or
otherwise protect, classified information.
(H) Cash awards or other incentives to promote
meritorious challenges to unnecessary classification,
pursuant to section 1.8 of Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national
security information), or comparable provision of a
successor order, or significant contributions to the
declassification of information that is eligible for
declassification.
(I) The incorporation of the standards,
requirements, and other elements of the system into
existing and future contracts that involve the handling
of classified information.
(2) Preservation of existing employee protections.--
Paragraph (1) shall not be construed to require the elimination
of any employee protections in effect on the day before the
date of the enactment of this Act.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, the Director of the
Office of Personnel Management, the Director of
National Intelligence, and the Director of the
Information Security Oversight Office shall jointly
submit to Congress a report on the status of Executive
agency implementation of systems pursuant to paragraph
(1).
(B) Contents.--The report required by subparagraph
(A) shall include the following:
(i) Identification of any relevant leading
practices by Executive agencies.
(ii) Identification of Executive agencies
that have failed to develop a system in
accordance with paragraph (1).
(f) Identification of Harm to National Security.--At the time of
original classification, in addition to the identifications and
markings required by section 1.6 of Executive Order 13526 (50 U.S.C.
3161 note; relating to classified national security information), or
successor order, the original classification authority shall identify
in writing the specific harm to national security that could reasonably
be expected to result from disclosure.
(g) Congressional Authority To Release Information.--Nothing in
this Act shall be deemed in conflict with, or to otherwise impede the
authority of, Congress under clause 3 of section 5 of article I of the
Constitution of the United States to release information in its
possession, and such information so released shall be deemed
declassified or otherwise released in full.
SEC. 7. FUNDING FOR CLASSIFICATION AND DECLASSIFICATION.
(a) In General.--The President shall ensure that for each fiscal
year, the budget of the President submitted pursuant to section 1105(a)
of title 31, United States Code, includes estimated expenditures and
proposed appropriations that the President decides are necessary to
support the classification, declassification, and safeguarding
activities of the Federal Government in the fiscal year for which the
budget is submitted and the 4 fiscal years after that year.
(b) Detailed Analysis.--Estimates included pursuant to subsection
(a) shall be accompanied by a detailed analysis, disaggregated by
budget function, Executive agency, program, project, activity, and
fiscal year, of the estimated amounts that will be expended on
classification, declassification, and safeguarding activities by the
Federal Government over the same period.
(c) Minimum Amount.--Estimates and proposed appropriations included
pursuant to subsection (a) for a fiscal year shall estimate and propose
an amount of funding available for declassification activities that is
equal to or greater than 10 percent of the amount estimated and
proposed for classification and safeguarding activities for the same
fiscal year.
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