II 

116TH CONGRESS 

2D SESSION S. 3733 

To establish the Executive Agent for Declassification to promote programs, 

processes, and systems and for directing resources relating to declassification in the Federal Government, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2020 

Mr. WYDEN (for himself and Mr. MORAN) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To establish the Executive Agent for Declassification to promote programs, processes, and systems and for directing 

resources relating to declassification in the Federal Government, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Declassification Re5 form Act of 2020’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) In his August 16, 2019, letter to the Presi2 dent, the director of the Information Security Over3 sight Office (ISOO) wrote the following: ‘‘Today, the 

4 Government creates electronic petabytes of classified 

5 and controlled unclassified data each month, a del6 uge that we expect will continue to grow unabated’’. 

7 (2) The director of the Office has identified 

8 problems in the declassification system for years, 

9 writing in his August 16, 2019, letter, ‘‘In my last 

10 annual report to you, I emphasized that users of this 

11 system inside and outside the Government rightly 

12 observe that its current framework is unsustainable 

13 and desperately requires modernization. The invest14 ment, adoption, and use of advanced technologies lie 

15 at the core of this transformation, but we also need 

16 new policies and practices that reflect and support 

17 the way the Government actually operates in the 

18 21st century’’. 

19 (3) The director of the Office wrote in his Au20 gust 16, 2019, letter the following: ‘‘The Govern21 ment has not invested in the technologies needed to 

22 support electronic information management and in23 formation security’’. 

24 (4) In its June 2016 report, the Public Interest 

25 Declassification Board (PIDB) wrote the following: 


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1 ‘‘[n]early all users of the security classification sys2 tem agree that it is no longer able to handle the cur3 rent volume and forms of information, especially 

4 given the exponential growth of digital information’’. 

5 (5) In its June 2016 report, the Board wrote 

6 the following: ‘‘[a]s the PIDB has previously noted 

7 in all of our reports, we reaffirm that our most im8 portant recommendation for developing and ensuring 

9 such a system is the adoption of a government-wide 

10 technology investment strategy for the management 

11 of classified information.’’. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) CLASSIFICATION.—The term ‘‘classifica15 tion’’ means the act or process by which information 

16 is determined to be classified information. 

17 (2) CLASSIFIED NATIONAL SECURITY INFORMA18 TION OR CLASSIFIED INFORMATION.—The term 

19 ‘‘classified national security information’’ or ‘‘classi20 fied information’’ means information that has been 

21 determined pursuant to Executive Order 13526 (50 

22 U.S.C. 3161 note; relating to classified national se23 curity information), or any predecessor or successor 

24 order, to require protection against unauthorized 


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1 disclosure and is marked to indicate its classified 

2 status when in documentary form. 

3 (3) DECLASSIFICATION.—The term ‘‘declas4 sification’’ means the authorized change in the sta5 tus of information from classified information to un6 classified information. 

7 (4) EXECUTIVE AGENCY.—The term ‘‘Executive 

8 agency’’ has the meaning given such term in section 

9 105 of title 5, United States Code. 

10 SEC. 4. EXECUTIVE AGENT FOR DECLASSIFICATION. 

11 (a) ESTABLISHMENT.—There is in the executive 

12 branch of the Federal Government an Executive Agent for 

13 Declassification who shall be responsible for promoting 

14 programs, processes, and systems relating to declassifica15 tion, including developing technical solutions for auto16 mating declassification review, and directing resources for 

17 such purposes in the Federal Government. 

18 (b) DESIGNATION.—The Director of National Intel19 ligence shall serve as the Executive Agent for Declassifica20 tion. 

21 (c) DUTIES.—The duties of the Executive Agent for 

22 Declassification are as follows: 

23 (1) To promote programs, processes, and sys24 tems with the goal of ensuring that declassification 

25 activities keep pace with classification activities and 


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1 that classified information is declassified at such 

2 time as it no longer meets the standard for classi3 fication. 

4 (2) To promote the establishment of a federated 

5 declassification system to streamline, modernize, and 

6 oversee declassification across Executive agencies. 

7 (3) To direct resources to develop, coordinate, 

8 and implement a federated declassification system 

9 that includes technologies that automate declas10 sification review and promote consistency in declas11 sification determinations across the executive branch 

12 of the Federal Government. 

13 (4) To work with the Director of the Office of 

14 Management and Budget in developing a line item 

15 for declassification in each budget of the President 

16 that is submitted for a fiscal year under section 

17 1105(a) of title 31, United States Code. 

18 (5) To identify and support the development 

19 of— 

20 (A) best practices for declassification 

21 among Executive agencies; and 

22 (B) goal oriented declassification pilot pro23 grams. 

24 (6) To promote and implement technological 

25 and automated solutions relating to declassification, 


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1 with human input as necessary for key policy deci2 sions. 

3 (7) To promote feasible, sustainable, and inter4 operable programs, processes, and systems to facili5 tate a federate declassification system. 

6 (8) To direct the implementation across Execu7 tive agencies of the most effective programs and ap8 proaches relating to declassification. 

9 (9) To establish, oversee, and enforce acquisi10 tion and contracting policies relating to declassifica11 tion programs. 

12 (10) In coordination with the Information Secu13 rity Oversight Office in the National Archives and 

14 Records Administration— 

15 (A) to issue policies and directives to the 

16 heads of Executive agencies relating to direct17 ing resources and making technological invest18 ments in declassification that include support 

19 for a federated declassification system; 

20 (B) to ensure implementation of the poli21 cies and directives issued under subparagraph 

22 (A); 

23 (C) to collect information on declassifica24 tion practices and policies across Executive 

25 agencies, including challenges to effective deVerDate Sep 11 2014 15:52 Jun 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3733.IS S3733

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1 classification, training, accounting, and costs 

2 associated with classification and declassifica3 tion; 

4 (D) to develop policies for ensuring the ac5 curacy of information obtained from Federal 

6 agencies; and 

7 (E) to develop accurate and relevant 

8 metrics for judging the success of declassifica9 tion policies and directives. 

10 (d) CONSULTATION WITH EXECUTIVE COMMITTEE

11 ON DECLASSIFICATION PROGRAMS AND TECHNOLOGY.— 

12 In making decisions under this section, the Executive 

13 Agent for Declassification shall consult with the Executive 

14 Committee on Declassification Programs and Technology 

15 established under section 5(a). 

16 (e) COORDINATION WITH THE NATIONAL DECLAS17 SIFICATION CENTER.—In implementing a federated de18 classification system, the Executive Agent for Declassifica19 tion shall act in coordination with the National Declas20 sification Center established by section 3.7(a) of Executive 

21 Order 13526 (50 U.S.C. 3161 note; relating to classified 

22 national security information). 


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1 SEC. 5. EXECUTIVE COMMITTEE ON DECLASSIFICATION 

2 PROGRAMS AND TECHNOLOGY. 

3 (a) ESTABLISHMENT.—There is established a com4 mittee to provide advice and guidance to the Executive 

5 Agent for Declassification on matters relating to declas6 sification programs and technology. 

7 (b) DESIGNATION.—The committee established by 

8 subsection (a) shall be known as the ‘‘Executive Com9 mittee on Declassification Programs and Technology’’ (in 

10 this section referred to as the ‘‘Committee’’). 

11 (c) MEMBERSHIP.— 

12 (1) COMPOSITION.—The Committee shall be 

13 composed of the following: 

14 (A) The Director of National Intelligence. 

15 (B) The Under Secretary of Defense for 

16 Intelligence. 

17 (C) The Secretary of Energy. 

18 (D) The Secretary of State. 

19 (E) The Director of the National Declas20 sification Center. 

21 (F) The Director of the Information Secu22 rity Oversight Board. 

23 (G) The Director of the Office of Manage24 ment and Budget. 


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1 (H) Such other members as the Executive 

2 Agent for Declassification considers appro3 priate. 

4 (2) CHAIRPERSON.—The chairperson of the 

5 Committee shall be the Director of National Intel6 ligence. 

7 SEC. 6. ADVISORY BODIES FOR EXECUTIVE AGENT FOR DE8 CLASSIFICATION. 

9 (a) DESIGNATION OF ADVISORY BODIES.—The fol10 lowing are hereby advisory bodies for the Executive Agent 

11 for Declassification: 

12 (1) The Public Interest Declassification Board 

13 established by section 703(a) of the Public Interest 

14 Declassification Act of 2000 (Public Law 106–567). 

15 (2) The Office of the Historian of the Depart16 ment of State. 

17 (3) The Historical Office of the Secretary of 

18 Defense. 

19 (4) The office of the chief historian of the Cen20 tral Intelligence Agency. 

21 (b) MATTERS PERTAINING TO THE PUBLIC INTER22 EST DECLASSIFICATION BOARD.— 

23 (1) CONTINUITY OF MEMBERSHIP.—Subsection 

24 (c)(2) of section 703 of the Public Interest Declas25 sification Act of 2000 (Public Law 106–567; 50 


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1 U.S.C. 3161 note) is amended by adding at the end 

2 the following: 

3 ‘‘(E) Notwithstanding the other provisions 

4 of this paragraph, a member whose term has 

5 expired may continue to serve until a successor 

6 is appointed.’’. 

7 (2) MEETINGS.—Subsection (e) of such section 

8 is amended, in the second sentence, by inserting 

9 ‘‘appointed’’ before ‘‘members’’. 

10 SEC. 7. REPORTING. 

11 (a) ANNUAL REPORT.—Not later than the end of the 

12 first full fiscal year beginning after the date of the enact13 ment of this Act and not less frequently than once each 

14 fiscal year, the Executive Agent for Declassification shall 

15 submit to Congress and make available to the public a re16 port on the implementation of declassification programs 

17 and processes in the most recently completed fiscal year. 

18 (b) COORDINATION.—The report shall be coordinated 

19 with the Annual Report of the Information Security Over20 sight Office in the National Archives and Records Admin21 istration pursuant to Section 5.2(b)(8) of Executive Order 

22 13526. 

23 (c) CONTENTS.—Each report submitted and made 

24 available under subsection (a) shall include, for the period 

25 covered by the report, the following: 


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1 (1) The costs incurred by the Federal Govern2 ment for classification and declassification. 

3 (2) A description of information systems of the 

4 Federal Government and technology programs, proc5 esses, and systems of Executive agencies related to 

6 declassification. 

7 (3) A description of the policies and directives 

8 issued by the Executive Agent for Declassification 

9 and other activities of the Executive Agent for De10 classification. 

11 (4) A description of the challenges posed to Ex12 ecutive agencies in implementing the policies and di13 rectives of the Executive Agent for Declassification 

14 relating to declassification as well as the policies of 

15 the Executive agencies. 

16 (5) A description of pilot programs and new in17 vestments in programs, processes, and systems relat18 ing to declassification and metrics of effectiveness 

19 for such programs, processes, and systems. 

20 (6) A description of progress and challenges in 

21 achieving the goal described in section 4(c)(1). 

22 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

23 There is authorized to be appropriated to carry out 

24 this Act $5,000,000 for fiscal year 2021. 

Æ 


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