Sensible Classification Act of 2023

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1518 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1518

To improve the classification and declassification of national security 
                  information, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2023

Mr. Cornyn (for himself, Mr. Warner, Mr. Moran, Mr. Wyden, Ms. Collins, 
   Mr. King, Mr. Rounds, Mr. Heinrich, Mr. Casey, and Mr. Lankford) 
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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sensible 
Classification Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and sense of the Senate.
Sec. 4. Classification authority.
Sec. 5. Promoting efficient declassification review.
Sec. 6. Training to promote sensible classification.
Sec. 7. Improvements to Public Interest Declassification Board.
Sec. 8. Implementation of technology for classification and 
                            declassification.
Sec. 9. Studies and recommendations on necessity of security 
                            clearances.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term ``Executive agency'' in section 105 of title 5, United 
        States Code.
            (2) Classified information.--The term ``classified 
        information'' means information that has been determined 
        pursuant to Executive order 12958 (50 U.S.C. 3161 note; 
        relating to classified national security information), or 
        successor order, to require protection against unauthorized 
        disclosure and is marked to indicate its classified status when 
        in documentary form.
            (3) Classification.--The term ``classification'' means the 
        act or process by which information is determined to be 
        classified information.
            (4) Declassification.--The term ``declassification'' means 
        the authorized change in the status of information from 
        classified information to unclassified information.
            (5) Document.--The term ``document'' means any recorded 
        information, regardless of the nature of the medium or the 
        method or circumstances of recording.
            (6) Downgrade.--The term ``downgrade'' means a 
        determination by a declassification authority that information 
        classified and safeguarded at a specified level shall be 
        classified and safeguarded at a lower level.
            (7) 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 
        United States Government.
            (8) Originate, originating, and originated.--The term 
        ``originate'', ``originating'', and ``originated'', with 
        respect to classified information and an authority, means the 
        authority that classified the information in the first 
        instance.
            (9) Records.--The term ``records'' means the records of an 
        agency and Presidential papers or Presidential records, as 
        those terms are defined in title 44, United States Code, 
        including those created or maintained by a government 
        contractor, licensee, certificate holder, or grantee that are 
        subject to the sponsoring agency's control under the terms of 
        the contract, license, certificate, or grant.
            (10) Security clearance.--The term ``security clearance'' 
        means an authorization to access classified information.
            (11) Unauthorized disclosure.--The term ``unauthorized 
        disclosure'' means a communication or physical transfer of 
        classified information to an unauthorized recipient.
            (12) Unclassified information.--The term ``unclassified 
        information'' means information that is not classified 
        information.

SEC. 3. FINDINGS AND SENSE OF THE SENATE.

    (a) Findings.--The Senate makes the following findings:
            (1) According to a report released by the Office of the 
        Director of Intelligence in 2020 titled ``Fiscal Year 2019 
        Annual Report on Security Clearance Determinations'', more than 
        4,000,000 individuals have been granted eligibility for a 
        security clearance.
            (2) At least 1,300,000 of such individuals have been 
        granted access to information classified at the Top Secret 
        level.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the classification system of the Federal Government is 
        in urgent need of reform;
            (2) the number of people with access to classified 
        information is exceedingly high and must be justified or 
        reduced;
            (3) reforms are necessary to reestablish trust between the 
        Federal Government and the people of the United States; and
            (4) classification should be limited to the minimum 
        necessary to protect national security while balancing the 
        public's interest in disclosure.

SEC. 4. CLASSIFICATION AUTHORITY.

    (a) In General.--The authority to classify information originally 
may be exercised only by--
            (1) the President and, in the performance of executive 
        duties, the Vice President;
            (2) the head of an agency or an official of any agency 
        authorized by the President pursuant to a designation of such 
        authority in the Federal Register; and
            (3) an official of the Federal Government to whom authority 
        to classify information originally has been delegated pursuant 
        to subsection (c).
    (b) Scope of Authority.--An individual authorized by this section 
to classify information originally at a specified level may also 
classify the information originally at a lower level.
    (c) Delegation of Original Classification Authority.--An official 
of the Federal Government may be delegated original classification 
authority subject to the following:
            (1) Delegation of original classification authority shall 
        be limited to the minimum required to administer this section. 
        Agency heads shall be responsible for ensuring that designated 
        subordinate officials have a demonstrable and continuing need 
        to exercise this authority.
            (2) Authority to originally classify information at the 
        level designated as ``Top Secret'' may be delegated only by the 
        President, in the performance of executive duties, the Vice 
        President, or an agency head or official designated pursuant to 
        subsection (a)(2).
            (3) Authority to originally classify information at the 
        level designated as ``Secret'' or ``Confidential'' may be 
        delegated only by the President, in the performance of 
        executive duties, the Vice President, or an agency head or 
        official designated pursuant to subsection (a)(2), or the 
        senior agency official described in section 5.4(d) of Executive 
        Order 13526 (50 U.S.C. 3161 note; relating to classified 
        national security information), or successor order, provided 
        that official has been delegated ``Top Secret'' original 
        classification authority by the agency head.
            (4) Each delegation of original classification authority 
        shall be in writing and the authority shall not be redelegated 
        except as provided by paragraph (1), (2), and (3). Each 
        delegation shall identify the official by name or position 
        title.
    (d) Training Required.--
            (1) In general.--An individual may not be delegated 
        original classification authority under this section unless the 
        individual has first received training described in paragraph 
        (2).
            (2) Training described.--Training described in this 
        paragraph is training on original classification that includes 
        instruction on the proper safeguarding of classified 
        information and of the criminal, civil, and administrative 
        sanctions that may be brought against an individual who fails 
        to protect classified information from unauthorized disclosure.
    (e) Exceptional Cases.--
            (1) In general.--When an employee, Government contractor, 
        licensee, certificate holder, or grantee of an agency who does 
        not have original classification authority originates 
        information believed by that employee, contractor, licensee, 
        certificate holder, or grantee to require classification, the 
        information shall be protected in a manner consistent with 
        Executive Order 13526 (50 U.S.C. 3161 note; relating to 
        classified national security information), or successor order.
            (2) Transmittal.--An employee, contractor, licensee, 
        certificate holder, or grantee described in paragraph (1), who 
        originates information described in such paragraph, shall 
        promptly transmit such information to--
                    (A) the agency that has appropriate subject matter 
                interest and classification authority with respect to 
                this information; or
                    (B) if it is not clear which agency has appropriate 
                subject matter interest and classification authority 
                with respect to the information, to the Director of the 
                Information Security Oversight Office.
            (3) Agency decisions.--An agency that receives information 
        pursuant to paragraph (2)(A) or (4) shall decide within 30 days 
        whether to classify this information.
            (4) Information security oversight office action.--If the 
        Director of the Information Security Oversight Office receives 
        information under paragraph (2)(B), the Director shall 
        determine the agency having appropriate subject matter interest 
        and classification authority and forward the information, with 
        appropriate recommendations, to that agency for a 
        classification determination.

SEC. 5. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.

    (a) In General.--Whenever an agency is processing a request 
pursuant to section 552 of title 5, United States Code (commonly known 
as the ``Freedom of Information Act'') or the mandatory 
declassification review provisions of Executive Order 13526 (50 U.S.C. 
3161 note; relating to classified national security information), or 
successor order, and identifies responsive classified records that are 
more than 25-years-of-age as of December 31 of the year in which the 
request is received, the head of the agency shall review the record and 
process the record for declassification and release by the National 
Declassification Center of the National Archives and Records 
Administration.
    (b) Application.--Subsection (a) shall apply--
            (1) regardless of whether or not the record described in 
        such subsection is in the legal custody of the National 
        Archives and Records Administration; and
            (2) without regard for any other provisions of law or 
        existing agreements or practices between agencies.

SEC. 6. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.

    (a) Definitions.--In this section:
            (1) Over-classification.--The term ``over-classification'' 
        means classification at a level that exceeds the minimum level 
        of classification that is sufficient to protect the national 
        security of the United States.
            (2) Sensible classification.--The term ``sensible 
        classification'' means classification at a level that is the 
        minimum level of classification that is sufficient to protect 
        the national security of the United States.
    (b) Training Required.--Each head of an agency with classification 
authority shall conduct training for employees of the agency with 
classification authority to discourage over-classification and to 
promote sensible classification.

SEC. 7. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION BOARD.

    Section 703 of the Public Interest Declassification Act of 2000 (50 
U.S.C. 3355a) is amended--
            (1) in subsection (c), by adding at the end the following:
    ``(5) A member of the Board whose term has expired may continue to 
serve until a successor is appointed and sworn in.''; and
            (2) in subsection (f)--
                    (A) by inserting ``(1)'' before ``Any employee''; 
                and
                    (B) by adding at the end the following:
    ``(2)(A) In addition to any employees detailed to the Board under 
paragraph (1), the Board may hire not more than 12 staff members.
    ``(B) There are authorized to be appropriated to carry out 
subparagraph (A) such sums as are necessary for fiscal year 2024 and 
each fiscal year thereafter.''.

SEC. 8. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND 
              DECLASSIFICATION.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Office of Electronic 
Government (in this section referred to as the ``Administrator'') 
shall, in consultation with the Secretary of Defense, the Director of 
the Central Intelligence Agency, the Director of National Intelligence, 
the Public Interest Declassification Board, the Director of the 
Information Security Oversight Office, and the head of the National 
Declassification Center of the National Archives and Records 
Administration--
            (1) research a technology-based solution--
                    (A) utilizing machine learning and artificial 
                intelligence to support efficient and effective systems 
                for classification and declassification; and
                    (B) to be implemented on an interoperable and 
                federated basis across the Federal Government; and
            (2) submit to the President a recommendation regarding a 
        technology-based solution described in paragraph (1) that 
        should be adopted by the Federal Government.
    (b) Staff.--The Administrator may hire sufficient staff to carry 
out subsection (a).
    (c) Report.--Not later than 540 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
classified report on the technology-based solution recommended by the 
Administrator under subsection (a)(2) and the President's decision 
regarding its adoption.

SEC. 9. STUDIES AND RECOMMENDATIONS ON NECESSITY OF SECURITY 
              CLEARANCES.

    (a) Agency Studies on Necessity of Security Clearances.--
            (1) Studies required.--The head of each agency that grants 
        security clearances to personnel of such agency shall conduct a 
        study on the necessity of such clearances.
            (2) Reports required.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, each head of an 
                agency that conducts a study under paragraph (1) shall 
                submit to Congress a report on the findings of the 
                agency head with respect to such study, which the 
                agency head may classify as appropriate.
                    (B) Required elements.--Each report submitted by 
                the head of an agency under subparagraph (A) shall 
                include, for such agency, the following:
                            (i) The number of personnel eligible for 
                        access to information up to the Top Secret 
                        level.
                            (ii) The number of personnel eligible for 
                        access to information up to the Secret level.
                            (iii) Information on the any reduction in 
                        the number of personnel eligible for access to 
                        classified information based on the study 
                        conducted under paragraph (1).
                            (iv) A description of how the agency head 
                        will ensure that the number of security 
                        clearances granted by such agency will be kept 
                        to the minimum required for the conduct of 
                        agency functions, commensurate with the size, 
                        needs, and mission of the agency.
            (3) Industry.--This subsection shall apply to the Secretary 
        of Defense in the Secretary's capacity as the Executive Agent 
        for the National Industrial Security Program and the Secretary 
        shall treat contractors, licensees, and grantees as personnel 
        of the Department of Defense for purposes of the studies and 
        reports required by this subsection.
    (b) Director of National Intelligence Review of Sensitive 
Compartmented Information.--The Director of National Intelligence 
shall--
            (1) review the number of personnel eligible for access to 
        sensitive compartmented information; and
            (2) submit to Congress a report on how the Director will 
        ensure that the number of such personnel is limited to the 
        minimum required.
    (c) Agency Review of Special Access Programs.--Each head of an 
agency who is authorized to establish a special access program by 
Executive Order 13526 (50 U.S.C. 3161 note; relating to classified 
national security information), or successor order, shall--
            (1) review the number of personnel of the agency eligible 
        for access to such special access programs; and
            (2) submit to Congress a report on how the agency head will 
        ensure that the number of such personnel is limited to the 
        minimum required.
    (d) Secretary of Energy Review of Q and L Clearances.--The 
Secretary of Energy shall--
            (1) review the number of personnel of the Department of 
        Energy granted Q and L access; and
            (2) submit to Congress a report on how the Secretary will 
        ensure that the number of such personnel is limited to the 
        minimum required.
    (e) Independent Reviews.--Not later than 180 days after the date on 
which a study is completed under subsection (a) or a review is 
completed under subsections (b) through (d), the Director of the 
Information Security Oversight Office of the National Archives and 
Records Administration, the Director of National Intelligence, and the 
Public Interest Declassification Board shall each review the study or 
review, as the case may be.
                                 &lt;all&gt;
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