II 

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. 

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 ‘‘Classification Reform 

5 for Transparency Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CLASSIFICATION.—The term ‘‘classifica2 tion’’ means the act or process by which information 

3 is determined to be classified information. 

4 (2) CLASSIFICATION SYSTEM.—The term ‘‘clas5 sification system’’ means the system of the Federal 

6 Government for classification and declassification. 

7 (3) CLASSIFIED INFORMATION.—The term 

8 ‘‘classified information’’ has the meaning given the 

9 term ‘‘classified information of the United States’’ in 

10 section 1924(c) of title 18, United States Code. 

11 (4) DECLASSIFICATION.—The term ‘‘declas12 sification’’ means the authorized change in the sta13 tus of information from classified information to un14 classified information. 

15 (5) EXECUTIVE AGENCY.—The term ‘‘Executive 

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

17 105 of title 5, United States Code. 

18 (6) INFORMATION.—The term ‘‘information’’ 

19 means any knowledge that can be communicated or 

20 documentary material, regardless of its physical 

21 form or characteristics, that is owned by, is pro22 duced by or for, or is under the control of the Fed23 eral Government. 

24 (7) NATIONAL DECLASSIFICATION CENTER.— 

25 The term ‘‘National Declassification Center’’ means 


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1 the National Declassification Center established by 

2 section 3.7 of Executive Order 13526 (50 U.S.C. 

3 3161 note; relating to classified national security in4 formation), or successor center. 

5 (8) PANEL.—The term ‘‘Panel’’ means the 

6 Interagency Security Classification Appeals Panel 

7 established by section 5.3 of Executive Order 13526 

8 (50 U.S.C. 3161 note; relating to classified national 

9 security information), or successor panel. 

10 SEC. 3. CLASSIFICATION PROHIBITIONS AND LIMITATIONS. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, in no case shall information be classified, con13 tinue to be maintained as classified, or fail to be declas14 sified in order— 

15 (1) to conceal a violation of law, inefficiency, 

16 mismanagement, or administrative error; 

17 (2) to prevent embarrassment to a person, or18 ganization, or element of the Federal Government; 

19 (3) to restrain competition; or 

20 (4) to prevent or delay the release of informa21 tion that does not require protection in the interest 

22 of the national security. 

23 (b) BASIC SCIENTIFIC RESEARCH.—Basic scientific 

24 research information not clearly related to the national se25 curity of the United States shall not be classified. 


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1 (c) RECLASSIFICATION.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), information may not be reclassified after 

4 declassification and release to the public under prop5 er authority. 

6 (2) WAIVER.—The National Security Advisor 

7 may authorize the reclassification of information 

8 after declassification and release as described in 

9 paragraph (1) in a case in which the National Secu10 rity Advisor determines that doing so is in the inter11 est of national security. 

12 SEC. 4. TASK FORCE ON STREAMLINING CLASSIFICATION 

13 SYSTEM AND NARROWING OF CLASSIFICA14 TION CRITERIA. 

15 (a) ESTABLISHMENT REQUIRED.—Not later than 90 

16 days after the date of the enactment of this Act, the Presi17 dent shall establish a task force to streamline the classi18 fication system and to narrow the criteria for classifica19 tion. 

20 (b) MEMBERSHIP.—The task force established pursu21 ant to subsection (a) shall be composed of members se22 lected as follows: 

23 (1) At least 1 member selected by the Director 

24 of National Intelligence. 


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1 (2) At least 1 member selected by the Archivist 

2 of the United States. 

3 (3) At least 1 member selected by the Secretary 

4 of Defense. 

5 (4) At least 1 member selected by the Secretary 

6 of State. 

7 (5) At least 1 member selected by the Attorney 

8 General. 

9 (6) Such additional members as the President 

10 considers appropriate. 

11 (c) DUTIES.—The duties of the task force established 

12 pursuant to subsection (a) are as follows: 

13 (1) To create a plan for phasing out the use in 

14 the classification system of the classification level 

15 designated as ‘‘Confidential’’. 

16 (2) To develop specific guidance on the precise 

17 meaning of ‘‘damage to the national security’’ as it 

18 pertains to Executive Order 13526 (50 U.S.C. 3161 

19 note; relating to classified national security informa20 tion), or successor order. 

21 (3) To develop specific guidance on the precise 

22 meaning of ‘‘intelligence sources or methods’’ as it 

23 pertains to such Executive order. 


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1 (4) To develop additional guidance related to 

2 narrowing the criteria for classification and the ex3 emptions from automatic declassification. 

4 (d) DEADLINE AND REPORT.—Not later than 1 year 

5 after the date on which the President establishes the task 

6 force required by subsection (a), the task force shall— 

7 (1) complete the duties set forth under sub8 section (c); and 

9 (2) submit to Congress and make publicly avail10 able a report with the plan created under paragraph 

11 (1) of subsection (c) and the guidance developed 

12 under paragraphs (2) and (3) of such subsection. 

13 SEC. 5. AUTOMATIC EXPIRATION OF CLASSIFICATION STA14 TUS. 

15 (a) AUTOMATIC EXPIRATION.— 

16 (1) IN GENERAL.—Subject to subsection (b), 

17 the classification marking on any information that is 

18 more than 50 years old shall be considered expired, 

19 and the information shall be considered unclassified. 

20 (2) EFFECTIVE DATE.—Paragraph (1) shall 

21 take effect on the date that is 3 years after the date 

22 of the enactment of this Act. 

23 (b) AUTHORITY TO EXEMPT.—The President may, 

24 as the President considers appropriate, exempt specific in25 formation from the requirement of subsection (a)(1) purVerDate Sep 11 2014 22:56 Jul 12, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4648.IS S4648

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1 suant to a request received by the President pursuant to 

2 subsection (c). 

3 (c) REQUESTS FOR EXEMPTIONS.—In extraordinary 

4 cases, the head of an Executive agency may request from 

5 the President an exemption to the requirement of sub6 section (a)(1) for specific information that reveals— 

7 (1) the identity of a human source or human 

8 intelligence source in a case in which the source or 

9 a relative of the source is alive and disclosure would 

10 present a clear danger to the safety of the source or 

11 relative; 

12 (2) a key design concept of a weapon of mass 

13 destruction; or 

14 (3) information that would result in critical 

15 harm to ongoing or future operations. 

16 (d) NOTIFICATION.— 

17 (1) DEFINITION OF APPROPRIATE COMMITTEES

18 OF CONGRESS.—In this subsection, the term ‘‘appro19 priate committee of Congress’’ means— 

20 (A) the Committee on Homeland Security 

21 and Governmental Affairs and the Select Com22 mittee on Intelligence of the Senate; and 

23 (B) the Committee on Oversight and Ac24 countability and the Permanent Select ComVerDate Sep 11 2014 22:56 Jul 12, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4648.IS S4648

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1 mittee on Intelligence of the House of Rep2 resentatives. 

3 (2) IN GENERAL.—If an exemption is requested 

4 pursuant to subsection (c), the President shall, not 

5 later than 30 days after the date on which the Presi6 dent approves or rejects the requested exemption, 

7 submit to Congress, including the appropriate com8 mittees of Congress, notice of such approval or rejec9 tion. 

10 (3) CONTENTS.—Each notice submitted pursu11 ant to paragraph (2) for an approval or rejection 

12 shall include a justification for the approval or rejec13 tion. 

14 (4) FORM.—To the degree practicable, each no15 tice submitted pursuant to paragraph (2) shall be 

16 submitted in unclassified form. 

17 SEC. 6. REFORMS OF THE CLASSIFICATION SYSTEM. 

18 (a) DECLASSIFICATION AUTHORITY OF NATIONAL

19 DECLASSIFICATION CENTER.—Beginning 1 year after the 

20 date that the National Declassification Center refers any 

21 information that is among the holdings of the National 

22 Archives and eligible for automatic declassification pursu23 ant to Executive Order 13526 (50 U.S.C. 3161 note; re24 lating to classified national security information), or suc25 cessor order, to any relevant Executive agency for review 


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1 and if such Executive agency has not completed the re2 view, the National Declassification Center may declassify 

3 the information without requiring review by or approval 

4 for declassification or release from any Executive agency. 

5 (b) INCORPORATION OF INTERAGENCY SECURITY

6 CLASSIFICATION APPEALS PANEL IN CLASSIFICATION

7 AND DECLASSIFICATION GUIDANCE.— 

8 (1) DECISIONS OF PANEL AS BINDING PRECE9 DENT.—Decisions of the Panel shall create a bind10 ing precedent on each Executive agency with respect 

11 to the classification status of information subject to 

12 the decision, unless the decision is overturned by the 

13 President. 

14 (2) TIMING OF BINDING PRECEDENT.—Deci15 sions of the Panel shall become binding on each Ex16 ecutive agency after an appeal— 

17 (A) is not exercised by an agency; or 

18 (B) is rejected by the President. 

19 (3) INCORPORATION OF DECISIONS INTO GUID20 ANCE.—The National Declassification Center and 

21 each head of an Executive agency shall incorporate 

22 decisions of the Panel into classification and declas23 sification guidance as may be applicable. 

24 (4) CONGRESSIONAL OVERSIGHT.— 


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1 (A) DEFINITION OF APPROPRIATE COM2 MITTEES OF CONGRESS.—In this paragraph, 

3 the term ‘‘appropriate committee of Congress’’ 

4 means— 

5 (i) the Committee on Homeland Secu6 rity and Governmental Affairs and the Se7 lect Committee on Intelligence of the Sen8 ate; and 

9 (ii) the Committee on Oversight and 

10 Accountability and the Permanent Select 

11 Committee on Intelligence of the House of 

12 Representatives. 

13 (B) ANNUAL REPORT.—Each year, the 

14 Panel shall submit to the appropriate commit15 tees of Congress an annual report summarizing 

16 the decisions of the Panel for the year covered 

17 by the report and the precedents that were cre18 ated. 

19 (c) DECLASSIFICATION UPON REQUEST OF CON20 GRESS.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the date on which the head of an Executive agency 

23 receives a request from a chair, vice-chair, or rank24 ing member of an appropriate committee of Con25 gress for declassification of specific information in 


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1 the possession of the Executive agency, the head of 

2 the Executive agency shall— 

3 (A) review the information for declassifica4 tion; and 

5 (B) provide the member of Congress— 

6 (i) the declassified information or doc7 ument; or 

8 (ii) notice that, pursuant to review 

9 under subparagraph (A), the information 

10 is not being declassified, along with a jus11 tification for not declassifying the informa12 tion. 

13 (2) COMPLEX OR LENGTHY REQUESTS.—In a 

14 case in which the head of an Executive agency re15 ceives a request as described in paragraph (1) and 

16 the head determines that such request is particularly 

17 complex or lengthy, such paragraph shall be applied 

18 by substituting ‘‘180 days’’ for ‘‘90 days’’. 

19 (d) MANDATORY DECLASSIFICATION REVIEW FOR

20 MATTERS IN THE PUBLIC INTEREST.—The President 

21 shall require that the mandatory declassification review 

22 process established pursuant to Executive Order 13526 

23 (50 U.S.C. 3161 note; relating to classified national secu24 rity information), or successor order, include— 


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1 (1) a process by which members of the public 

2 may request declassification of information in cases 

3 in which— 

4 (A) the information meets the standards 

5 for classification; and 

6 (B) the public interest in disclosure would 

7 outweigh the national security harm that could 

8 reasonably be expected to result from disclosure 

9 of the information; and 

10 (2) an expedited process for consideration of de11 classification of information in cases in which there 

12 is urgency to inform the public concerning actual or 

13 alleged Federal Government activity. 

14 (e) REMEDIATION TO ADDRESS EXCESSIVE CLASSI15 FICATION AND INSUFFICIENT DECLASSIFICATION AC16 TIONS OF EMPLOYEES AND CONTRACTORS.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of the enactment of this Act, each head of 

19 an Executive agency shall develop and implement, in 

20 consultation with the Director of the Office of Per21 sonnel Management, the Director of National Intel22 ligence, and the Director of the Information Security 

23 Oversight Office, a system that includes the fol24 lowing elements: 


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1 (A) Periodic audits, or other evidence2 based approaches, to identify and correct agen3 cy-wide trends in employees of Executive agen4 cies who knowingly, willfully, negligently, or fre5 quently classify information— 

6 (i) that does not meet the standard 

7 for classification set forth in the applicable 

8 Executive order or statute; or 

9 (ii) at a higher level than warranted 

10 under the applicable Executive order or 

11 statute. 

12 (B) Remedial measures or administrative 

13 penalties, as may be appropriate, including rep14 rimand, suspension without pay, removal, ter15 mination of classification authority, loss or de16 nial of access to classified information, or other 

17 sanctions in accordance with applicable law and 

18 agency regulation. 

19 (C) At a minimum, the prompt removal of 

20 the classification authority of any individual 

21 who demonstrates reckless disregard or a pat22 tern of error in applying the classification 

23 standards of Executive Order 13526 (50 U.S.C. 

24 3161 note; relating to classified national secu25 rity information), or successor order. 


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1 (D) Periodic reevaluation for employees 

2 who are identified pursuant to subparagraph 

3 (A). 

4 (E) Development of criteria to incorporate 

5 responsible use of the classification system in 

6 the performance standards and reviews of em7 ployees whose duties significantly involve the 

8 creation or handling of classified information. 

9 (F) A safe harbor for employees who fail 

10 to apply classification markings to, or otherwise 

11 protect, classified information in cases in 

12 which— 

13 (i) the employee identifies significant 

14 ambiguity as to the classification status of 

15 the information; or 

16 (ii) the failure is an isolated or rare 

17 instance and is neither willful, knowing, or 

18 negligent. 

19 (G) Employees who meet the criteria to 

20 utilize a safe harbor as specified in subpara21 graph (F) shall not be subject to any remedial 

22 measures or administrative penalties, including 

23 suspension or termination of clearance or classi24 fication authority, as a result of their failure to 


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1 apply classification markings to, or otherwise 

2 protect, classified information. 

3 (H) Cash awards or other incentives to 

4 promote meritorious challenges to unnecessary 

5 classification, pursuant to section 1.8 of Execu6 tive Order 13526 (50 U.S.C. 3161 note; relat7 ing to classified national security information), 

8 or comparable provision of a successor order, or 

9 significant contributions to the declassification 

10 of information that is eligible for declassifica11 tion. 

12 (I) The incorporation of the standards, re13 quirements, and other elements of the system 

14 into existing and future contracts that involve 

15 the handling of classified information. 

16 (2) PRESERVATION OF EXISTING EMPLOYEE

17 PROTECTIONS.—Paragraph (1) shall not be con18 strued to require the elimination of any employee 

19 protections in effect on the day before the date of 

20 the enactment of this Act. 

21 (3) REPORT.— 

22 (A) IN GENERAL.—Not later than 1 year 

23 after the date of the enactment of this Act, the 

24 Director of the Office of Personnel Manage25 ment, the Director of National Intelligence, and 


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1 the Director of the Information Security Over2 sight Office shall jointly submit to Congress a 

3 report on the status of Executive agency imple4 mentation of systems pursuant to paragraph 

5 (1). 

6 (B) CONTENTS.—The report required by 

7 subparagraph (A) shall include the following: 

8 (i) Identification of any relevant lead9 ing practices by Executive agencies. 

10 (ii) Identification of Executive agen11 cies that have failed to develop a system in 

12 accordance with paragraph (1). 

13 (f) IDENTIFICATION OF HARM TO NATIONAL SECU14 RITY.—At the time of original classification, in addition 

15 to the identifications and markings required by section 1.6 

16 of Executive Order 13526 (50 U.S.C. 3161 note; relating 

17 to classified national security information), or successor 

18 order, the original classification authority shall identify in 

19 writing the specific harm to national security that could 

20 reasonably be expected to result from disclosure. 

21 (g) CONGRESSIONAL AUTHORITY TO RELEASE IN22 FORMATION.—Nothing in this Act shall be deemed in con23 flict with, or to otherwise impede the authority of, Con24 gress under clause 3 of section 5 of article I of the Con25 stitution of the United States to release information in 


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1 its possession, and such information so released shall be 

2 deemed declassified or otherwise released in full. 

3 SEC. 7. FUNDING FOR CLASSIFICATION AND DECLAS4 SIFICATION. 

5 (a) IN GENERAL.—The President shall ensure that 

6 for each fiscal year, the budget of the President submitted 

7 pursuant to section 1105(a) of title 31, United States 

8 Code, includes estimated expenditures and proposed ap9 propriations that the President decides are necessary to 

10 support the classification, declassification, and safe11 guarding activities of the Federal Government in the fiscal 

12 year for which the budget is submitted and the 4 fiscal 

13 years after that year. 

14 (b) DETAILED ANALYSIS.—Estimates included pur15 suant to subsection (a) shall be accompanied by a detailed 

16 analysis, disaggregated by budget function, Executive 

17 agency, program, project, activity, and fiscal year, of the 

18 estimated amounts that will be expended on classification, 

19 declassification, and safeguarding activities by the Federal 

20 Government over the same period. 

21 (c) MINIMUM AMOUNT.—Estimates and proposed ap22 propriations included pursuant to subsection (a) for a fis23 cal year shall estimate and propose an amount of funding 

24 available for declassification activities that is equal to or 

25 greater than 10 percent of the amount estimated and proVerDate Sep 11 2014 22:56 Jul 12, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4648.IS S4648

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1 posed for classification and safeguarding activities for the 

2 same fiscal year. 

Æ 


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