II 

116TH CONGRESS 

2D SESSION S. 4806 

To establish the Interagency Security Classification Appeals Panel, to provide 

agency and higher level reviews of classification decisions, to provide 

expedited review of classification decisions for members of Congress, 

and to provide protections for those challenging classification decisions, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 19, 2020 

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

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To establish the Interagency Security Classification Appeals 

Panel, to provide agency and higher level reviews of 

classification decisions, to provide expedited review of 

classification decisions for members of Congress, and 

to provide protections for those challenging classification 

decisions, 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 ‘‘Transparency in Clas5 sification Act of 2020’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 4806 IS

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) A fundamental tenet of democracy is the 

4 consent of the governed, which requires public 

5 knowledge of governmental actions. As a result, few 

6 government powers are more sacred than the ability 

7 to decide which information should be withheld from 

8 the public. 

9 (2) The protection of our national security re10 quires that some of the work of the United States 

11 Government be done such that this information is 

12 protected if its disclosure could cause serious or 

13 grave harm to national security and if such harm 

14 does not outweigh the public’s right to know. 

15 (3) Although the executive branch of the Fed16 eral Government has a responsibility to weigh the 

17 public’s right to know when making classification de18 cisions, it does not always do so due to errors of 

19 commission and omission. 

20 (4) In order to ensure an informed public while 

21 simultaneously protecting certain information that 

22 would harm national security if divulged, checks and 

23 balances are needed for the classification system. 

24 (5) Congress, by virtue of its vital role in over25 sight, has an interest and responsibility to address 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 4806 IS

1 abuse and improper classification by the executive 

2 branch of the Federal Government. 

3 (6) Although section 552 of title 5, United 

4 States Code (commonly known as the ‘‘Freedom of 

5 Information Act’’) and other public access tools, in6 cluding Mandatory Declassification Review pursuant 

7 to section 3.5 of Executive Order 13526 (50 U.S.C. 

8 3161 note; relating to classified national security in9 formation), provide venues for declassifying records 

10 that would not harm national security if divulged, 

11 the lengthy time frame for these appeals renders 

12 them ineffective in nourishing vital public debate. 

13 (7) An accurate and limited classification sys14 tem supports both the public’s right to know and 

15 government effectiveness through enabling policy co16 ordination, reducing costs of maintaining informa17 tion that need not be classified, and protecting the 

18 integrity of the classification system. 

19 (8) The national security of the United States 

20 is enhanced both by laws permitting national secu21 rity agencies to occasionally limit access to sensitive 

22 national security information through the classifica23 tion system, such as Executive Order 13526 (50 

24 U.S.C. 3161 note; relating to classified national se25 curity information), and by an open debate on deciVerDate Sep 11 2014 20:52 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4806.IS S4806

pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 4806 IS

1 sions that affect the national security of the United 

2 States. Both are central to the proper functioning of 

3 the political institutions and democracy of the 

4 United States. 

5 (9) Allowing limitations on access as described 

6 in paragraph (8) presents a potential for abuse, 

7 where embarrassing or inconvenient information 

8 could be classified for reasons other than national 

9 security. This is prohibited by law, including by sec10 tion 1.7 of Executive Order 13526 (50 U.S.C. 3161 

11 note; relating to classified national security informa12 tion). 

13 (10) Ensuring national security agencies use 

14 classification powers judiciously and in accordance 

15 with the laws described in paragraph (8) requires a 

16 recourse for authorized classification holders, includ17 ing all members of Congress, to challenge classifica18 tions decisions of agencies and appeal agency-level 

19 classification decisions to an independent body. 

20 (11) Since 1995, the Interagency Security Clas21 sification Appeals Panel (ISCAP) has provided the 

22 public and users of the classification system with a 

23 valuable forum for further review of classification 

24 decisions. 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 4806 IS

1 (12) Since the founding of the Interagency Se2 curity Classification Appeals Panel, however, the 

3 work of the Panel has been constrained by a lack or 

4 resources, including classified communication tech5 nology and dedicated staff, as well as limited 

6 progress on much-needed governmentwide mod7 ernization of the classification system. This has cre8 ated a backlog of more than 1,000 cases. 

9 (13) Since 2000, the Public Interest Declas10 sification Board (PIDB) has provided a vital role in 

11 supporting the public interest in classification policy 

12 and classification decisions, including the vital role 

13 of responding to requests from Congress to consider 

14 the classification decisions of specific records. This 

15 advisory role plays a separate, complementary role 

16 to the Interagency Security Classification Appeals 

17 Panel, which is able to declassify records through its 

18 appeal function. 

19 (14) Section 2302(b)(9)(A) of title 5, United 

20 States Code, prohibits the head of an agency from 

21 taking or failing to take, or threatening to take or 

22 fail to take, a personnel action against certain em23 ployees because of the exercise of an appeal, com24 plaint, or grievance right granted by any provision 

25 of law. 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 4806 IS

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) AGENCY, CLASSIFIED MATERIAL OR

4 RECORD, DECLASSIFICATION, AND NATIONAL SECU5 RITY.—The terms ‘‘agency’’, ‘‘classified material’’, 

6 ‘‘classified record’’, ‘‘declassification’’, and ‘‘national 

7 security’’ have the meanings given such terms in sec8 tion 709 of the Public Interest Declassification Act 

9 of 2000 (Public Law 106–567; 50 U.S.C. 3355g). 

10 (2) AUTHORIZED USERS OF THE CLASSIFICA11 TION SYSTEM.—The term ‘‘authorized user of the 

12 classification system’’ means an official or contractor 

13 of the Federal Government who is authorized to ac14 cess classified material or records. 

15 (3) CLASSIFICATION DECISION.— 

16 (A) IN GENERAL.—The term ‘‘classifica17 tion decision’’, means a decision regarding 

18 whether any correspondence, memorandum, 

19 book, plan, map, drawing, diagram, pictorial or 

20 graphic work, photograph, film, microfilm, 

21 sound recording, videotape, machine readable 

22 records, and other documentary material, re23 gardless of physical form or characteristics, re24 quires protection against unauthorized disclo25 sure in the interests of the national security of 

26 the United States. 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 4806 IS

1 (B) INCLUSION.—Such term includes the 

2 following: 

3 (i) An original classification decision. 

4 (ii) A decision creating a derivative 

5 classification. 

6 (iii) A decision creating a classifica7 tion by compilation. 

8 (iv) Any decision creating any similar 

9 classification pursuant to a provision of 

10 law in effect on the day before the date of 

11 the enactment of this Act. 

12 (4) PANEL.—The term ‘‘Panel’’ means the 

13 Interagency Security Classification Appeals Panel 

14 established under section 4(a). 

15 SEC. 4. INTERAGENCY SECURITY CLASSIFICATION AP16 PEALS PANEL. 

17 (a) ESTABLISHMENT.—There is established within 

18 the executive branch of the United States a panel to be 

19 known as the ‘‘Interagency Security Classification Appeals 

20 Panel’’. 

21 (b) PURPOSES.—The purposes of the Panel are as 

22 follows: 

23 (1) To provide the public and authorized users 

24 of the classification system, including members of 

25 Congress and employees and contractors of the legisVerDate Sep 11 2014 20:52 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4806.IS S4806

pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 4806 IS

1 lative branch of the Federal Government who are 

2 authorized users of the classification system, with a 

3 forum for further review of classification decisions 

4 made by the heads of agencies. 

5 (2) To provide a member of Congress a mecha6 nism for expedited review of a classification decision 

7 that is relevant to an active public policy debate. 

8 (c) DUTIES.—The duties of the Panel are as follows: 

9 (1) Carrying out such activities as may be nec10 essary for the purposes set forth under subsection 

11 (b). 

12 (2) Conducting reviews under section 5(b). 

13 (3) Such other duties as may be identified by 

14 the President. 

15 (d) MEMBERSHIP.— 

16 (1) COMPOSITION.—Subject to paragraphs (2) 

17 and (3), the Panel shall be composed of 6 members, 

18 each of whom shall be appointed by one of the fol19 lowing: 

20 (A) The Secretary of State. 

21 (B) The Secretary of Defense. 

22 (C) The Attorney General. 

23 (D) The Archivist of the United States. 

24 (E) The Director of National Intelligence. 

25 (F) The National Security Advisor. 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 4806 IS

1 (2) ADDITIONAL MEMBERS UNDER CERTAIN

2 CIRCUMSTANCES.— 

3 (A) MATTERS CONCERNING THE CENTRAL

4 INTELLIGENCE AGENCY.—Subject to paragraph 

5 (3), when the Panel deliberates a matter con6 cerning classified material or records that origi7 nated with the Central Intelligence Agency or 

8 when dealing with a support activity associated 

9 with such a classified material or record, the 

10 Panel shall, at the discretion of the Director of 

11 the Central Intelligence Agency, consist of 7 

12 members as follows: 

13 (i) The 6 members of the Panel ap14 pointed under paragraph (1). 

15 (ii) One member appointed by the Di16 rector of the Central Intelligence Agency. 

17 (B) MATTERS CONCERNING CONGRESS.— 

18 Subject to paragraph (3)(B), when the Panel 

19 deliberates a matter concerning classified mate20 rial or records relating to congressional requests 

21 or reporting requirements, the Panel shall con22 sist of 8 members as follows: 

23 (i) The 6 members of the Panel ap24 points under paragraph (1). 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 4806 IS

1 (ii) One member chosen by the Sec2 retary of the Senate. 

3 (iii) One member chosen by the Clerk 

4 of the House of Representatives. 

5 (3) QUALIFICATIONS AND STATUS.— 

6 (A) FEDERAL EMPLOYEE STATUS.—Each 

7 member of the Panel under paragraphs (1) and 

8 (2)(A) shall be a full-time or permanent em9 ployee of the Federal Government who is in a 

10 senior-level position, such as a member of the 

11 Senior Executive Service. 

12 (B) SECURITY CLEARANCE.—An individual 

13 may not be selected to be a member of the 

14 Panel unless, as of the day before the date of 

15 such selection, the individual had a security 

16 clearance at a level appropriate for purposes of 

17 serving as a member of the Panel. 

18 (4) CHAIRPERSON.— 

19 (A) IN GENERAL.—The members of the 

20 Panel appointed under paragraph (1) shall des21 ignate a chairperson from among the members 

22 of the Panel. 

23 (B) REPORTING.—The chairperson of the 

24 Panel shall report directly to the Director of the 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 4806 IS

1 Information Security Oversight Office of the 

2 National Archives and Records Administration. 

3 (e) ADMINISTRATION.— 

4 (1) EXECUTIVE SECRETARY.—The Director of 

5 the Information Security Oversight Office of the Na6 tional Archives and Records Administration shall 

7 serve as the executive secretary of the Panel. 

8 (2) PROGRAM AND ADMINISTRATIVE SUP9 PORT.—The Director shall provide program and ad10 ministrative support for the Panel. 

11 (3) BYLAWS.—Not later than 180 days after 

12 the date of the enactment of this Act, the Panel 

13 shall publish bylaws that clearly show how individ14 uals described in section 5(b)(1)(A) may submit re15 quests under such section. 

16 (f) PUBLIC OBSERVER.— 

17 (1) IN GENERAL.—The Panel shall select a 

18 highly qualified, public observer who shall— 

19 (A) participate in activities and delibera20 tions of the Panel; 

21 (B) aid in transparency and provide an ex22 ternal, historical perspective to inform Panel 

23 deliberations; and 

24 (C) be vetted and provided an interim and 

25 permanent security clearance. 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 4806 IS

1 (2) QUALIFICATIONS.—The Panel shall ensure 

2 that a person selected to serve as a public observer 

3 under paragraph (1)— 

4 (A) has significant experience in examining 

5 and assessing public access to classified files or 

6 decisions in an academic, historic, or advocacy 

7 role; 

8 (B) has a history of independence and non9 partisan advocacy for transparency and open 

10 debate relating to government records; and 

11 (C) at the time of selection is not serving 

12 in a publicly elected office and has not served 

13 in a partisan elected office at any time during 

14 the 5-year period ending on the date of selec15 tion. 

16 SEC. 5. AGENCY AND HIGHER LEVEL REVIEW OF CLASSI17 FICATION DECISIONS. 

18 (a) AGENCY REVIEW OF CLASSIFICATION DECI19 SIONS.— 

20 (1) IN GENERAL.—Each head of an agency 

21 shall establish a process under which— 

22 (A) an individual who is eligible to access 

23 classified material or a classified record that 

24 was the subject of a classification decision made 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 4806 IS

1 by such head may request a review of such clas2 sification decision; 

3 (B) the head of the agency reviews such 

4 classification decision pursuant to such request; 

5 and 

6 (C) the head of the agency revokes, modi7 fies, or sustains such classification decision. 

8 (2) ELEMENTS.—Under a process established 

9 by the head of an agency under paragraph (1)— 

10 (A) an individual who is eligible to access 

11 classified material or a classified record that 

12 was the subject of a classification decision made 

13 by such head shall be able to request a review 

14 of such decision by submitting to the head, at 

15 any time, the request in writing; 

16 (B) except as provided in subparagraph 

17 (C), for each request the head of the agency re18 ceives under subparagraph (A) regarding a clas19 sification decision of the head of the agency, the 

20 head of the agency shall— 

21 (i) not later than 60 days after the 

22 date on which the head of the agency re23 ceives the request, respond to the request 

24 by providing the requestor with— 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 4806 IS

1 (I) an acknowledgment that the 

2 head of the agency received the re3 quest; and 

4 (II) a notice estimating when the 

5 head of the agency will complete a re6 view of the request under subpara7 graph (B) of paragraph (1) and act 

8 on the request under subparagraph 

9 (C) of such paragraph; and 

10 (ii) not later than 120 days after the 

11 date on which the head of the agency re12 ceives the request— 

13 (I) complete a review of the re14 quest pursuant to subparagraph (B) 

15 of paragraph (1); and 

16 (II) pursuant to such review, act 

17 on the request under subparagraph 

18 (C) of such paragraph; 

19 (C) the head of the agency is not required 

20 to review a classification decision as described 

21 in subparagraph (B) of paragraph (1) or take 

22 an action under subparagraph (C) of such para23 graph if the classification decision was already 

24 reviewed pursuant to a substantially similar reVerDate Sep 11 2014 20:52 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4806.IS S4806

pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 4806 IS

1 quest under this subsection during the most re2 cently 2-year period; 

3 (D) the head of the agency may review a 

4 classification decision pertaining to classified 

5 material or a classified record that is subject to 

6 a request under section 552 of title 5, United 

7 States Code (commonly referred to as the 

8 ‘‘Freedom of Information Act’’); 

9 (E) requests for review under this sub10 section and responses to such requests are not 

11 themselves treated as classified material or clas12 sified records; 

13 (F) any classified material or classified 

14 record that is the subject of a request under 

15 this subsection remains classified under this 

16 subsection until the head of the agency changes 

17 such classification under paragraph (1)(C) or 

18 such classification is changed by the Panel 

19 under subsection (b)(3); and 

20 (G) priority is given to the review of a clas21 sification decision when an expedited review has 

22 been requested under subsection (d)(2). 

23 (b) APPEALS FOR HIGHER LEVEL REVIEW.— 

24 (1) SUBMITTAL.— 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 4806 IS

1 (A) IN GENERAL.—An individual who is el2 igible to access classified material or a classified 

3 record that was the subject of a classification 

4 decision made by the head of an agency may 

5 submit to the Panel a request to review such 

6 classification decision. 

7 (B) MANNER.—A request submitted under 

8 subparagraph (A) shall be submitted in writing. 

9 (C) CONTENT.— 

10 (i) IN GENERAL.—Except as provided 

11 in clause (ii), a request submitted under 

12 subparagraph (A) need not be more spe13 cific than questioning why classified mate14 rial or a classified record is or is not classi15 fied at a certain level. 

16 (ii) MINIMUM INFORMATION.—A re17 quest submitted under subparagraph (A) 

18 with respect to a classification decision 

19 shall contain enough information to enable 

20 the executive secretary of the Panel to ob21 tain pertinent documents about the request 

22 and the classification decision. 

23 (iii) NO CLASSIFIED INFORMATION.— 

24 (I) IN GENERAL.—Except as pro25 vided in subclause (II), a request subVerDate Sep 11 2014 20:52 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4806.IS S4806

pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 4806 IS

1 mitted under subparagraph (A) shall 

2 not include any classified material or 

3 records. 

4 (II) ARRANGEMENTS.—If it is 

5 impossible for an individual to request 

6 under subparagraph (A) a review of a 

7 classification decision without submit8 ting classified material or a classified 

9 record along with the request, the 

10 submitter of the request may do so 

11 after first contacting the Panel and 

12 making prior arrangements for sub13 mittal of the classified material or 

14 classified record. 

15 (D) ELECTRONIC SUBMISSION.—The Panel 

16 shall establish and publicly announce an elec17 tronic mail address to which requests may be 

18 submitted under subparagraph (A). 

19 (E) TIMELINESS OF REQUESTS.—A re20 quests submitted to the Panel under subpara21 graph (A) shall be submitted not later than 60 

22 days after— 

23 (i) in a case in which the head of an 

24 agency provides a response to the sub25 mitter of the request in accordance with 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 4806 IS

1 subsection (a)(2)(B), the date of the final 

2 agency decision arrived at pursuant to a 

3 review carried out pursuant to the request; 

4 or 

5 (ii) in a case in which the head of the 

6 agency fails to respond to the request in 

7 accordance with subsection (a)(2)(B), the 

8 date that is 60 days after the date on 

9 which the request was submitted to the 

10 head of the agency. 

11 (F) REJECTION OF REQUESTS.—If the ex12 ecutive secretary of the Panel determines that 

13 a request submitted under subparagraph (A) is 

14 not submitted in accordance with the require15 ments of this section, the executive secretary 

16 shall— 

17 (i) notify the submitter of the request, 

18 in writing, that the request was not sub19 mitted in accordance with the requirements 

20 of this section; and 

21 (ii) explain in detail how the request 

22 is deficient. 

23 (2) REVIEW.—The Panel shall review the fol24 lowing: 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 4806 IS

1 (A) A classification decision of the head of 

2 an agency pursuant to a request for review sub3 mitted under paragraph (1)(A), in a case in 

4 which the submitter of the request— 

5 (i) previously submitted a request for 

6 review of the classification decision to the 

7 head of the agency in accordance with the 

8 process established by the head of the 

9 agency under subsection (a); and 

10 (ii)(I) received, pursuant to such proc11 ess, a final decision arrived at pursuant to 

12 a review conducted pursuant to the re13 quest; or 

14 (II) did not receive a response as re15 quired by subsection (a)(2)(B). 

16 (B) A classification decision of the head of 

17 an agency pursuant to a request for expedited 

18 review for Congress submitted under subsection 

19 (d)(3). 

20 (3) RESOLUTION.— 

21 (A) IN GENERAL.—After reviewing a clas22 sification decision of the head of an agency 

23 under paragraph (2) and using past precedent 

24 to inform and to improve the efficiency of deciVerDate Sep 11 2014 20:52 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4806.IS S4806

pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 4806 IS

1 sion making, the Panel may, pursuant to a vote 

2 of the members of the panel— 

3 (i) affirm the classification decision or 

4 a decision of the head arrived at pursuant 

5 to a review conducted pursuant to the 

6 process established by the head under sub7 section (a); 

8 (ii) reverse a decision described in 

9 clause (i), in whole or in part; or 

10 (iii) engage in dialogue with the head 

11 of the agency for further consideration of 

12 a decision described in clause (i). 

13 (B) VOTES.—A decision to reverse under 

14 subparagraph (A)(ii) shall be made with an af15 firmative vote of at least a majority of the 

16 members of the Panel present for the vote. 

17 (C) NOTIFICATION.—Not later than 2 

18 business days after the Panel decides to take an 

19 action under subparagraph (A) pursuant to a 

20 request for a review of a classification decision 

21 of the head of an agency, the executive sec22 retary of the Panel shall notify the submitter of 

23 the request and the head of the agency in writ24 ing of the decision of the Panel. 

25 (D) DECLASSIFICATION.— 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 4806 IS

1 (i) IN GENERAL.—Except as provided 

2 in clause (ii), 10 days after the executive 

3 secretary of the Panel submits notice 

4 under subparagraph (C) with respect to a 

5 decision of the Panel that classified mate6 rial or a classified record should be declas7 sified in whole or in part under subpara8 graph (A), the Panel shall publish notice of 

9 the decision of the Panel and the declas10 sified material or record, unless the Presi11 dent overrules the decision of the Panel 

12 under subsection (c). 

13 (ii) DECLASSIFICATION PURSUANT TO

14 APPEALS FROM MEMBERS OF CONGRESS.— 

15 In a case of a decision described in clause 

16 (i) that is arrived at pursuant to a request 

17 for expedited review for a member of Con18 gress submitted under subsection (d)(3), 

19 the Panel shall carry out clause (i) as if 

20 the reference to ‘‘10 days’’ were a ref21 erence to ‘‘2 days’’. 

22 (4) ADMINISTRATIVE MATTERS.— 

23 (A) NOTICE TO AGENCY HEADS.—If the 

24 Panel receives a request under paragraph 

25 (1)(A) with respect to a classification decision 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 4806 IS

1 of the head of an agency, the executive sec2 retary of the Panel shall notify the head of the 

3 agency of such request. 

4 (B) PREPARATION OF FILES.—For each 

5 request received by the Panel under paragraph 

6 (1)(A) pursuant to which the Panel will review 

7 a classification decision, the executive secretary 

8 of the Panel shall prepare a file and present 

9 pertinent portions of such file to the members 

10 of the Panel before any votes are taken with re11 spect to the review. 

12 (C) CLASSIFIED MATERIAL AND

13 RECORDS.— 

14 (i) IN GENERAL.—After receiving a 

15 request under paragraph (1)(A) for review 

16 of a classification decision of the head of 

17 an agency, the executive secretary of the 

18 Panel shall arrange for the transmittal of 

19 relevant classified material and records 

20 from the agency. 

21 (ii) COOPERATION.—Each head of an 

22 agency that receives a request from the ex23 ecutive secretary of the Panel for classified 

24 material or records that pertain to the re25 view of a classification decision of the head 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 4806 IS

1 pursuant to a request submitted under 

2 paragraph (1)(A) or a mandatory declas3 sification review shall, within 3 business 

4 days— 

5 (I) transmit the requested classi6 fied material, records, and documents 

7 to the executive secretary of the 

8 Panel; or 

9 (II) provide the executive sec10 retary of the Panel with access to 

11 such material, records, and docu12 ments. 

13 (D) WEBSITE.— 

14 (i) IN GENERAL.—The Panel shall 

15 make available to the public on the website 

16 of the Panel the following: 

17 (I) A log of all requests for re18 view submitted to the Panel under 

19 paragraph (1)(A). 

20 (II) The status of each request 

21 logged under subclause (I). 

22 (III) A log of all actions taken 

23 and decisions made by the Panel 

24 under paragraph (3)(A). 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 4806 IS

1 (IV) A justification for each deci2 sion logged under subclause (III). 

3 (ii) REQUIREMENTS.— 

4 (I) IN GENERAL.—The Panel 

5 shall ensure that the website of the 

6 Panel serves as a public record to 

7 streamline decision making of the 

8 Panel and assist those submitting ap9 peals under this section as well as 

10 other functions of the Panel in effect 

11 pursuant to an Executive order that 

12 was in effect before the date of the 

13 enactment of this, including functions 

14 relating to mandatory declassification 

15 review. 

16 (II) TECHNICAL ACCESSI17 BILITY.—Information described in 

18 clause (i), and such other information 

19 as the Panel considers relevant, shall 

20 be published under such clause in a 

21 tabular format that is contempora22 neously updated and allows for the 

23 tracking and monitoring of individual 

24 requests. Such action-tracking system 

25 shall support the processing of reVerDate Sep 11 2014 20:52 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S4806.IS S4806

pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 4806 IS

1 quests and be updated with modern 

2 technology and modern formats as the 

3 Panel considers appropriate. 

4 (5) PROTECTION OF CLASSIFIED MATERIAL

5 AND RECORDS.—Any classified material or record 

6 that is the subject of a classification decision that is 

7 the subject of a request for review under this sub8 section shall remain classified unless and until a 

9 final decision is made to declassify it. 

10 (6) MAINTENANCE OF FILES.—The executive 

11 secretary of the Panel shall maintain the files and 

12 records of the Panel pertaining to requests for re13 view under this subsection in accordance with chap14 ter 22 of title 44, United States Code (known as the 

15 ‘‘Presidential Records Act’’). 

16 (c) REVIEW BY THE PRESIDENT.— 

17 (1) PETITION FOR REVIEW.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), during the 10-day period be20 ginning on the date on which the head of an 

21 agency receives a notice under subparagraph 

22 (C) of subsection (b)(3) that the Panel has de23 cided to take an action under subparagraph (A) 

24 of such subsection with respect to a classifica25 tion decision or other decision of the head of 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 4806 IS

1 agency, the head of the agency may submit to 

2 the President a petition to reverse or modify 

3 the decision of the Panel. 

4 (B) PETITION PERIOD FOR DECISIONS

5 PURSUANT TO APPEALS FROM MEMBERS OF

6 CONGRESS.—In a case of a decision to act as 

7 described in subparagraph (A) that is arrived at 

8 pursuant to a request for expedited review for 

9 a member of Congress submitted under sub10 section (d)(3), subparagraph (A) shall apply as 

11 if the reference to ‘‘10-day period’’ were a ref12 erence to ‘‘2-day period’’. 

13 (2) REVIEW AND RESOLUTION.— 

14 (A) IN GENERAL.—In response to a peti15 tion under paragraph (1), the President may 

16 overrule or modify any decision of the Panel de17 scribed in the petition. 

18 (B) PUBLICATION.—In a case in which the 

19 President acts to overrule or modify a decision 

20 of the Panel under subparagraph (A), such act 

21 shall be published under subsection (b)(4)(D) in 

22 the same manner as an action or decision of the 

23 Panel. 

24 (d) REVIEW FOR MEMBERS OF CONGRESS.— 

25 (1) TREATMENT OF MEMBERS OF CONGRESS.— 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 4806 IS

1 (A) AUTHORITY.—A member of Congress 

2 may submit a request under subsection (a) for 

3 review of a classification decision of the head of 

4 an agency. 

5 (B) TREATMENT.—For purposes of this 

6 section and except as otherwise provided in this 

7 section, a member of Congress shall be treated 

8 as an individual who is eligible to access the 

9 classified material or a classified record that 

10 was the subject of a classification decision. 

11 (2) EXPEDITED AGENCY REVIEW FOR MEMBERS

12 OF CONGRESS.— 

13 (A) IN GENERAL.—When a member of 

14 Congress submits a request under subsection 

15 (a) for review of the classification decision of 

16 the head of an agency and the member of Con17 gress is a member of a committee of Congress 

18 that has jurisdiction over such agency, the 

19 member of Congress may request that the re20 view be conducted on an expedited basis. 

21 (B) CONTENTS.—A request submitted 

22 under subparagraph (A) for expedited review of 

23 a classification decision shall include the fol24 lowing: 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 4806 IS

1 (i) An indication that the member of 

2 Congress is requesting an expedited review 

3 of the classification decision. 

4 (ii) A justification described in sub5 paragraph (C). 

6 (C) JUSTIFICATION.— 

7 (i) IN GENERAL.—A justification de8 scribed in this subparagraph regarding a 

9 request for an expedited review of a classi10 fication decision regarding classified mate11 rials or records is an explanation of the 

12 public interest in an expedited public re13 lease and access to such classified mate14 rials or records. 

15 (ii) JUSTIFICATION REQUIRING CLAS16 SIFIED MATERIAL OR RECORDS.—In a case 

17 in which a justification cannot be made 

18 under subparagraph (B)(ii) by a member 

19 of Congress without the use or presen20 tation of classified material or records, the 

21 member of Congress shall make a prior ar22 rangement with the head of the agency for 

23 such presentation. 

24 (3) EXPEDITED HIGHER LEVEL REVIEW FOR

25 MEMBERS OF CONGRESS.— 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 4806 IS

1 (A) IN GENERAL.—Under any of the cir2 cumstances described in subparagraph (B), a 

3 member of Congress may submit a request to 

4 the Panel for expedited review of a classifica5 tion decision of the head of an agency or a deci6 sion of the head of an agency reached pursuant 

7 to a review under subsection (a). 

8 (B) CIRCUMSTANCES.—The circumstances 

9 described in the subparagraph are the cir10 cumstances in which a member of Congress— 

11 (i) submits to the head of an agency 

12 a request for a review of the classification 

13 decision of the head of the agency under 

14 subsection (a); 

15 (ii) the member of Congress is a 

16 member of a committee of Congress that 

17 has jurisdiction over such agency; and 

18 (iii)(I) the member of Congress is not 

19 satisfied with the response of the head of 

20 the agency under such subsection; 

21 (II) the member of Congress does not 

22 receive a response from the head of the 

23 agency in 5 or fewer business days regard24 ing the request for review; or 


pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 4806 IS

1 (III) the head of the agency does not 

2 complete the requested review and decide 

3 on the matter set forth in the request in 

4 10 or fewer business days. 

5 (C) CONTENTS.—A request submitted 

6 under subparagraph (A) shall include the fol7 lowing: 

8 (i) An indication that the member of 

9 Congress is requesting an expedited review 

10 of the classification decision. 

11 (ii) A justification described in sub12 paragraph (D). 

13 (D) JUSTIFICATION.— 

14 (i) IN GENERAL.—A justification de15 scribed in this subparagraph regarding a 

16 request for an expedited review of a deci17 sion concerning a classification decision 

18 that pertains to classified materials or 

19 records is an explanation of the public in20 terest in an expedited public release and 

21 access to such classified materials or 

22 records. 

23 (ii) JUSTIFICATION REQUIRING CLAS24 SIFIED MATERIAL OR RECORDS.—In a case 

25 in which a justification cannot be made 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 4806 IS

1 under subparagraph (C)(ii) by a member 

2 of Congress without the use or presen3 tation of classified material or records, the 

4 member of Congress shall make a prior ar5 rangement with the Panel for such presen6 tation. 

7 (E) PRIORITY CONSIDERATION.—If the 

8 Panel receives a request under subparagraph 

9 (A) and determines that the justification in10 cluded under subparagraph (C)(ii) is valid, the 

11 Panel shall prioritize review of the matters cov12 ered by the request over all other pending re13 views before the Panel. 

14 (e) RIGHT TO INFORMAL INQUIRY.— 

15 (1) IN GENERAL.—An individual who is eligible 

16 to access classified material or a classified record 

17 may informally question the classification of such 

18 material or record. 

19 (2) SENSE OF CONGRESS.—It is the sense of 

20 Congress that an individual who is eligible to access 

21 classified material or a classified record and who 

22 wishes to challenge such classification should do so 

23 informally before submitting a request for review 

24 under subsection (a). 

25 (f) PROTECTIONS.— 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 4806 IS

1 (1) DEFINITIONS.—In this subsection: 

2 (A) CONTRACTOR EMPLOYEE.—The term 

3 ‘‘contractor employee’’ means an employee of a 

4 contractor, subcontractor, grantee, subgrantee, 

5 or personal services contractor, of an agency. 

6 (B) COVERED INDIVIDUAL.—The term 

7 ‘‘covered individual’’ means an employee of an 

8 agency or a contractor employee— 

9 (i) who, under this section, is eligible 

10 to request a review of a classification deci11 sion; and 

12 (ii) for whom the protection under 

13 section 2302(b)(9) of title 5, United States 

14 Code, does not apply. 

15 (C) PERSONNEL ACTION.—The term ‘‘per16 sonnel action’’ means, with respect to a covered 

17 individual— 

18 (i) an appointment; 

19 (ii) a promotion; 

20 (iii) an action under chapter 75 of 

21 title 5, United States Code, or other dis22 ciplinary or corrective action; 

23 (iv) a detail, transfer, or reassign24 ment; 

25 (v) a reinstatement; 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 4806 IS

1 (vi) a restoration; 

2 (vii) a reemployment; 

3 (viii) a performance evaluation under 

4 chapter 43 of title 5, United States Code, 

5 or under title 38, United States Code; 

6 (ix) a decision concerning pay, bene7 fits, or awards, or concerning education or 

8 training if the education or training may 

9 reasonably be expected to lead to an ap10 pointment, promotion, performance evalua11 tion, or other action described in this sub12 paragraph; 

13 (x) a decision to order psychiatric 

14 testing or examination; 

15 (xi) the implementation or enforce16 ment of any nondisclosure policy, form, or 

17 agreement; and 

18 (xii) any other significant change in 

19 duties, responsibilities, or working condi20 tions. 

21 (2) PROHIBITION.—Any employee of an agency 

22 or contractor employee who has authority to take, 

23 direct others to take, recommend, or approve any 

24 personnel action, shall not, with respect to such au25 thority, take or fail to take, or threaten to take or 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 4806 IS

1 fail to take, any personnel action against any cov2 ered individual because the covered individual— 

3 (A) exercises the right of the covered indi4 vidual under subsection (e) to question infor5 mally the classification of a classified material 

6 or record; 

7 (B) refuses to obey an order that would re8 quire the covered individual to violate, with re9 spect to a classification decision, a law, rule, or 

10 regulation; or 

11 (C) exercises the right of the covered indi12 vidual, under this section, to request a review of 

13 a classification decision. 

14 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated to carry out 

16 sections 4 and 5, $3,000,000 for fiscal year 2021. 

17 SEC. 7. SUBMITTAL OF REPORTS IN UNCLASSIFIED FORM 

18 PURSUANT TO WAR POWERS RESOLUTION. 

19 Section 4 of the War Powers Resolution (50 U.S.C. 

20 1543) is amended by adding at the end the following new 

21 subsection: 

22 ‘‘(d)(1) Each report submitted under subsection (a) 

23 shall be submitted in unclassified form, but may include 

24 a classified annex. 


pbinns on DSKJLVW7X2PROD with BILLS
35 

•S 4806 IS

1 ‘‘(2) The unclassified portion of each report sub2 mitted under subsection (a) shall be made available to the 

3 public.’’. 

4 SEC. 8. RULES OF CONSTRUCTION. 

5 (a) PRESERVATION OF AUTHORITY OF PRESI6 DENT.—Nothing in this Act shall be construed to alter 

7 the authority of the President to determine access to clas8 sified material and records. 

9 (b) PRESERVATION.—Nothing in this Act shall be 

10 construed to alter a function of the Panel that was in ef11 fect pursuant to an Executive order that was in effect be12 fore the date of the enactment of this Act and that is not 

13 covered by a provision of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS