II 

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. 

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 ‘‘Amended Sensible 

5 Classification Act of 2023’’. 

6 SEC. 2. PROMOTING EFFICIENT DECLASSIFICATION RE7 VIEW. 

8 (a) IN GENERAL.—Whenever an agency is processing 

9 a request pursuant to section 552 of title 5, United States 

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1 Code (commonly known as the ‘‘Freedom of Information 

2 Act’’) or the mandatory declassification review provisions 

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

4 to classified national security information), or successor 

5 order, and identifies responsive classified records that are 

6 more than 25 years of age as of December 31 of the year 

7 in which the request is received, the head of the agency 

8 shall, in accordance with existing processes to protect na9 tional security under the Freedom of Information Act and 

10 the mandatory review provisions of Executive Order 

11 13526, review the record and process the record for de12 classification and release by the National Declassification 

13 Center of the National Archives and Records Administra14 tion, unless the head of agency— 

15 (1) makes a certification to Congress, including 

16 the congressional intelligence committees, the Com17 mittee on Armed Services, the Committee on Home18 land Security and Governmental Affairs, the Com19 mittee on Foreign Relations, the Committee on the 

20 Judiciary of the Senate, and the Committee on 

21 Armed Services, the Committee on Oversight and 

22 Accountability, the Committee on Foreign Affairs, 

23 and the Committee on the Judiciary of the House of 

24 Representatives, that the declassification of certain 

25 components within the record would be harmful to 

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1 the protection of sources and methods or national 

2 security, pursuant to existing processes; and 

3 (2) provides an explanation to Congress, includ4 ing the congressional intelligence committees, the 

5 Committee on Armed Services, the Committee on 

6 Homeland Security and Governmental Affairs, the 

7 Committee on Foreign Relations, the Committee on 

8 the Judiciary of the Senate, and the Committee on 

9 Armed Services, the Committee on Oversight and 

10 Accountability, the Committee on Foreign Affairs, 

11 and the Committee on the Judiciary of the House of 

12 Representatives, for such certification. 

13 (b) APPLICATION.—Subsection (a) shall apply re14 gardless of whether or not the record described in such 

15 subsection is in the legal custody of the National Archives 

16 and Records Administration. 

17 SEC. 3. TRAINING TO PROMOTE SENSIBLE CLASSIFICA18 TION. 

19 (a) DEFINITIONS.—In this section: 

20 (1) OVER-CLASSIFICATION.—The term ‘‘over21 classification’’ means classification at a level that ex22 ceeds the minimum level of classification that is suf23 ficient to protect the national security of the United 

24 States. 

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1 (2) SENSIBLE CLASSIFICATION.—The term 

2 ‘‘sensible classification’’ means classification at a 

3 level that is the minimum level of classification that 

4 is sufficient to protect the national security of the 

5 United States. 

6 (b) TRAINING REQUIRED.—Each head of an agency 

7 with classification authority shall conduct training for em8 ployees of the agency with classification authority to hold 

9 employees accountable for over-classification and to pro10 mote sensible classification. 

11 SEC. 4. IMPROVEMENTS TO PUBLIC INTEREST DECLAS12 SIFICATION BOARD. 

13 Section 703 of the Public Interest Declassification 

14 Act of 2000 (50 U.S.C. 3355a) is amended— 

15 (1) in subsection (c), by adding at the end the 

16 following: 

17 ‘‘(5) A member of the Board whose term has expired 

18 may continue to serve until the earlier of— 

19 ‘‘(A) the date that a successor is appointed and 

20 sworn in; and 

21 ‘‘(B) the date that is 1 year after the date of 

22 the expiration of the term. 

23 ‘‘(6) Not later than 30 days after the date on which 

24 the term of a member of the Board ends, the appointing 

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1 authority of the member shall submit to Congress a plan 

2 to appoint a successor.’’; and 

3 (2) in subsection (f)— 

4 (A) by inserting ‘‘(1)’’ before ‘‘Any em5 ployee’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(2) In addition to any employees detailed to the 

8 Board under paragraph (1), the Board may, subject to 

9 the availability of funds, hire not more than 12 staff mem10 bers.’’. 

11 SEC. 5. IMPLEMENTATION OF TECHNOLOGY FOR CLASSI12 FICATION AND DECLASSIFICATION. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of the enactment of this Act, the Administrator of 

15 the Office of Electronic Government (in this section re16 ferred to as the ‘‘Administrator’’) shall, in consultation 

17 with the Secretary of Defense, the Director of the Central 

18 Intelligence Agency, the Director of National Intelligence, 

19 the Public Interest Declassification Board, the Director of 

20 the Information Security Oversight Office, and the head 

21 of the National Declassification Center of the National Ar22 chives and Records Administration— 

23 (1) research a technology-based solutions— 

24 (A) to support efficient and effective sys25 tems for classification and declassification; and 

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1 (B) to be implemented on an interoperable 

2 and federated basis across the Federal Govern3 ment; and 

4 (2) submit to the President and Congress, in5 cluding the congressional intelligence committees, 

6 the Committee on Armed Services, the Committee 

7 on Homeland Security and Governmental Affairs, 

8 the Committee on Foreign Relations, the Committee 

9 on the Judiciary of the Senate, and the Committee 

10 on Armed Services, the Committee on Oversight and 

11 Accountability, the Committee on Foreign Affairs, 

12 and the Committee on the Judiciary of the House of 

13 Representatives, recommendations regarding a tech14 nology-based solutions described in paragraph (1). 

15 (b) REPORT.—Not later than 540 days after the date 

16 of the enactment of this Act, the President shall submit 

17 to Congress a classified report describing actions taken to 

18 implement the recommendations under subsection (a)(2). 

19 SEC. 6. STUDIES AND RECOMMENDATIONS ON NECESSITY 

20 OF SECURITY CLEARANCES. 

21 (a) AGENCY STUDIES ON NECESSITY OF SECURITY

22 CLEARANCES.— 

23 (1) STUDIES REQUIRED.—The head of each 

24 agency that grants security clearances to personnel 

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1 of such agency shall conduct a study on the neces2 sity of such clearances. 

3 (2) REPORTS REQUIRED.— 

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

5 after the date of the enactment of this Act, 

6 each head of an agency that conducts a study 

7 under paragraph (1) shall submit to Congress, 

8 including the congressional intelligence commit9 tees, the Committee on Armed Services, the 

10 Committee on Homeland Security and Govern11 mental Affairs, the Committee on Foreign Rela12 tions, the Committee on the Judiciary of the 

13 Senate, and the Committee on Armed Services, 

14 the Committee on Oversight and Accountability, 

15 the Committee on Foreign Affairs, and the 

16 Committee on the Judiciary of the House of 

17 Representatives, a report on the findings of the 

18 agency head with respect to such study, which 

19 the agency head may classify as appropriate. 

20 (B) REQUIRED ELEMENTS.—Each report 

21 submitted by the head of an agency under sub22 paragraph (A) shall include, for such agency, 

23 the following: 

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1 (i) The number of personnel eligible 

2 for access to information up to the ‘‘Top 

3 Secret’’ level. 

4 (ii) The number of personnel eligible 

5 for access to information up to the ‘‘Se6 cret’’ level. 

7 (iii) Information on any reduction in 

8 the number of personnel eligible for access 

9 to classified information based on the 

10 study conducted under paragraph (1). 

11 (iv) A description of how the agency 

12 head will ensure that the number of secu13 rity clearances granted by such agency will 

14 be kept to the minimum required for the 

15 conduct of agency functions, commensurate 

16 with the size, needs, and mission of the 

17 agency. 

18 (3) INDUSTRY.—This subsection shall apply to 

19 the Secretary of Defense in the Secretary’s capacity 

20 as the Executive Agent for the National Industrial 

21 Security Program, and the Secretary shall treat con22 tractors, licensees, and grantees as personnel of the 

23 Department of Defense for purposes of the studies 

24 and reports required by this subsection. 

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1 (b) DIRECTOR OF NATIONAL INTELLIGENCE REVIEW

2 OF SENSITIVE COMPARTMENTED INFORMATION.—Not 

3 later than 1 year after the date of the enactment of this 

4 Act, the Director of National Intelligence shall— 

5 (1) review the number of personnel eligible for 

6 access to sensitive compartmented information; and 

7 (2) submit to Congress, including the congres8 sional intelligence committees, the Committee on 

9 Armed Services, the Committee on Homeland Secu10 rity and Governmental Affairs, the Committee on 

11 Foreign Relations, the Committee on the Judiciary 

12 of the Senate, and the Committee on Armed Serv13 ices, the Committee on Oversight and Account14 ability, the Committee on Foreign Affairs, and the 

15 Committee on the Judiciary of the House of Rep16 resentatives, a report on how the Director will en17 sure that the number of such personnel is limited to 

18 the minimum required. 

19 (c) AGENCY REVIEW OF SPECIAL ACCESS PRO20 GRAMS.—Not later than 1 year after the date of the enact21 ment of this Act, each head of an agency who is authorized 

22 to establish a special access program by Executive Order 

23 13526 (50 U.S.C. 3161 note; relating to classified na24 tional security information), or successor order, shall— 

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1 (1) review the number of personnel of the agen2 cy eligible for access to such special access pro3 grams; and 

4 (2) submit to Congress, including the congres5 sional intelligence committees, the Committee on 

6 Armed Services, the Committee on Homeland Secu7 rity and Governmental Affairs, the Committee on 

8 Foreign Relations, the Committee on the Judiciary 

9 of the Senate, and the Committee on Armed Serv10 ices, the Committee on Oversight and Account11 ability, the Committee on Foreign Affairs, and the 

12 Committee on the Judiciary of the House of Rep13 resentatives, a report on how the agency head will 

14 ensure that the number of such personnel is limited 

15 to the minimum required. 

16 (d) SECRETARY OF ENERGY REVIEW OF Q AND L 

17 CLEARANCES.—Not later than 1 year after the date of 

18 enactment of this Act, the Secretary of Energy shall— 

19 (1) review the number of personnel of the De20 partment of Energy granted Q and L access; and 

21 (2) submit to Congress, including the congres22 sional intelligence committees, the Committee on 

23 Armed Services, the Committee on Homeland Secu24 rity and Governmental Affairs, the Committee on 

25 Foreign Relations, the Committee on the Judiciary 

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1 of the Senate, and the Committee on Armed Serv2 ices, the Committee on Oversight and Account3 ability, the Committee on Foreign Affairs, and the 

4 Committee on the Judiciary of the House of Rep5 resentatives, a report on how the Secretary will en6 sure that the number of such personnel is limited to 

7 the minimum required 

8 (e) INDEPENDENT REVIEWS.—Not later than 180 

9 days after the date on which a study is completed under 

10 subsection (a) or a review is completed under subsections 

11 (b) through (d), the Director of the Office of Management 

12 and Budget shall each review the study or review, as the 

13 case may be. 

14 SEC. 7. DEFINITION OF CONGRESSIONAL INTELLIGENCE 

15 COMMITTEES. 

16 In this Act, the term ‘‘congressional intelligence com17 mittees’’ has the meaning given such term in section 3 

18 of the National Security Act of 1947 (50 U.S.C. 3003). 

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