Classification Reform Act of 2023

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1541 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1541

  To provide for a system to classify information in the interests of 
national security and a system to declassify such information, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2023

 Mr. Warner (for himself, Mr. Wyden, Mr. Moran, Mr. Cornyn, Mr. King, 
  Mr. Heinrich, Mr. Bennet, Mr. Casey, and Mr. Rounds) introduced the 
    following bill; which was read twice and referred to the Select 
                       Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
  To provide for a system to classify information in the interests of 
national security and a system to declassify such 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 ``Classification 
Reform 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.
   TITLE I--GOVERNANCE AND ACCOUNTABILITY FOR REFORM OF THE SECURITY 
                         CLASSIFICATION SYSTEM

Sec. 101. Executive Agent for Classification and Declassification.
Sec. 102. Executive Committee on Classification and Declassification 
                            Programs and Technology.
Sec. 103. Advisory bodies for Executive Agent for Classification and 
                            Declassification.
Sec. 104. Information Security Oversight Office.
                 TITLE II--REDUCING OVERCLASSIFICATION

Sec. 201. Classification and declassification of information.
Sec. 202. Declassification working capital funds.
Sec. 203. Transparency officers.
Sec. 204. Continuity of membership of the Public Interest 
                            Declassification Board.
      TITLE III--PREVENTING MISHANDLING OF CLASSIFIED INFORMATION

Sec. 301. Security review of certain records of the President and Vice 
                            President.
Sec. 302. Mandatory counterintelligence risk assessments.
Sec. 303. Minimum standards for Executive agency insider threat 
                            programs.
                        TITLE IV--OTHER MATTERS

Sec. 401. Prohibitions.
Sec. 402. Conforming amendment.
Sec. 403. Clerical amendment.

SEC. 2. DEFINITIONS.

    Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et 
seq.) is amended--
            (1) in the title heading by striking ``ACCESS TO CLASSIFIED 
        INFORMATION PROCEDURES'' and inserting ``PROTECTION OF NATIONAL 
        SECURITY INFORMATION'';
            (2) in the matter before section 801, by inserting the 
        following:

                       ``Subtitle A--Definitions

``SEC. 800. DEFINITIONS.

    ``In this title:
            ``(1) Agency.--The term `agency' means any Executive agency 
        as defined in section 105 of title 5, United States Code, any 
        military department as defined in section 102 of such title, 
        and any other entity in the executive branch of the Federal 
        Government that comes into the possession of classified 
        information.
            ``(2) Authorized investigative agency.--The term 
        `authorized investigative agency' means an agency authorized by 
        law or regulation to conduct a counterintelligence 
        investigation or investigations of persons who are proposed for 
        access to classified information to ascertain whether such 
        persons satisfy the criteria for obtaining and retaining access 
        to such information.
            ``(3) Classify, classified, classification.--The terms 
        `classify', `classified', and `classification' refer to the 
        process by which information is determined to require 
        protection from unauthorized disclosure pursuant to this title 
        in order to protect the national security of the United States.
            ``(4) Classified information.--the term `classified 
        information' means information that has been classified.
            ``(5) Computer.--The term `computer' means any electronic, 
        magnetic, optical, electrochemical, or other high speed data 
        processing device performing logical, arithmetic, or storage 
        functions, and includes any data storage facility or 
        communications facility directly related to or operating in 
        conjunction with such device and any data or other information 
        stored or contained in such device.
            ``(6) Consumer reporting agency.--The term `consumer 
        reporting agency' has the meaning given such term in section 
        603 of the Consumer Credit Protection Act (15 U.S.C. 1681a).
            ``(7) Declassify, declassified, declassification.--The 
        terms `declassify', `declassified', and `declassification' 
        refer to the process by which information that has been 
        classified is determined to no longer require protection from 
        unauthorized disclosure pursuant to this title.
            ``(8) Document.--The term `document' means any recorded 
        information, regardless of the nature of the medium or the 
        method or circumstances of recording.
            ``(9) Employee.--The term `employee' includes any person 
        who receives a salary or compensation of any kind from the 
        United States Government, is a contractor of the United States 
        Government or an employee thereof, is an unpaid consultant of 
        the United States Government, or otherwise acts for or on 
        behalf of the United States Government, except as otherwise 
        determined by the President.
            ``(10) Executive agent for classification and 
        declassification.--The term `Executive Agent for Classification 
        and Declassification' means the Executive Agent for 
        Classification and Declassification established by section 
        811(a).
            ``(11) Financial agency and holding company.--The terms 
        `financial agency' and `financial institution' have the 
        meanings given to such terms in section 5312(a) of title 31, 
        United States Code, and the term `holding company' has the 
        meaning given to such term in section 1101(6) of the Right to 
        Financial Privacy Act of 1978 (12 U.S.C. 3401).
            ``(12) Foreign power and agent of a foreign power.--The 
        terms `foreign power' and `agent of a foreign power' have the 
        meanings given such terms in section 101 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
            ``(13) 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.
            ``(14) Information security oversight office.--The term 
        `Information Security Oversight Office' means the Information 
        Security Oversight Office established by section 814(a).
            ``(15) Original classification authority.--The term 
        `original classification authority' means an individual 
        authorized in writing, either by the President, the Vice 
        President, or by agency heads or other officials designated by 
        the President, to classify information in the first instance.
            ``(16) 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.
            ``(17) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Commonwealth of the Northern 
        Mariana Islands, the United States Virgin Islands, Guam, 
        American Samoa, the Republic of the Marshall Islands, the 
        Federated States of Micronesia, and the Republic of Palau, and 
        any other possession of the United States.

      ``Subtitle B--Access to Classified Information Procedures'';

        and
            (3) by striking section 805.

   TITLE I--GOVERNANCE AND ACCOUNTABILITY FOR REFORM OF THE SECURITY 
                         CLASSIFICATION SYSTEM

SEC. 101. EXECUTIVE AGENT FOR CLASSIFICATION AND DECLASSIFICATION.

    Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et 
seq.), as amended by section 2, is further amended by adding at the end 
the following:

            ``Subtitle C--Security Classification Governance

``SEC. 811. EXECUTIVE AGENT FOR CLASSIFICATION AND DECLASSIFICATION.

    ``(a) Establishment.--There is in the executive branch of the 
Federal Government an Executive Agent for Classification and 
Declassification who shall be responsible for promoting programs, 
processes, and systems relating to classification and declassification, 
including developing technical solutions for automating 
declassification review, and directing resources for such purposes in 
the Federal Government.
    ``(b) Designation.--The Director of National Intelligence shall 
serve as the Executive Agent for Classification and Declassification.
    ``(c) Duties.--The duties of the Executive Agent for Classification 
and Declassification are as follows:
            ``(1) To promote classification and declassification 
        programs, processes, and systems with the goal of ensuring that 
        declassification activities keep pace with classification 
        activities and that classified information is declassified at 
        such time as it no longer meets the standard for 
        classification.
            ``(2) To promote classification and declassification 
        programs, processes, and systems that ensure secure management 
        of and tracking of classified records.
            ``(3) To promote the establishment of a federated 
        classification and declassification system to streamline, 
        modernize, and oversee declassification across agencies.
            ``(4) To direct resources to develop, coordinate, and 
        implement a federated classification and declassification 
        system that includes technologies that automate 
        declassification review and promote consistency in 
        declassification determinations across the executive branch of 
        the Federal Government.
            ``(5) To work with the Director of the Office of Management 
        and Budget in developing a line item for classification and 
        declassification in each budget of the President that is 
        submitted for a fiscal year under section 1105(a) of title 31, 
        United States Code.
            ``(6) To identify and support the development of--
                    ``(A) best practices for classification and 
                declassification among agencies; and
                    ``(B) goal oriented classification and 
                declassification pilot programs.
            ``(7) To promote and implement technological and automated 
        solutions relating to classification and declassification, with 
        human input as necessary for key policy decisions.
            ``(8) To promote feasible, sustainable, and interoperable 
        programs and processes to facilitate a federated classification 
        and declassification system.
            ``(9) To direct the implementation across agencies of the 
        most effective programs and approaches relating to 
        classification and declassification.
            ``(10) To establish, oversee, and enforce acquisition and 
        contracting policies relating to classification and 
        declassification programs.
            ``(11) In coordination with the Information Security 
        Oversight Office--
                    ``(A) to issue policies and directives to the heads 
                of agencies relating to directing resources and making 
                technological investments in classification and 
                declassification that include support for a federated 
                system;
                    ``(B) to ensure implementation of the policies and 
                directives issued under subparagraph (A);
                    ``(C) to collect information on classification and 
                declassification practices and policies across 
                agencies, including challenges to effective 
                declassification, training, accounting, and costs 
                associated with classification and declassification;
                    ``(D) to develop policies for ensuring the accuracy 
                of information obtained from Federal agencies; and
                    ``(E) to develop accurate and relevant metrics for 
                judging the success of classification and 
                declassification policies and directives.
            ``(12) To work with appropriate agencies to oversee the 
        implementation of policies, procedures, and processes governing 
        the submission of materials for prepublication review by 
        persons obligated to submit materials for such review by the 
        terms of a nondisclosure agreement signed in accordance with 
        Executive Order 12968 (50 U.S.C. 3161 note; relating to access 
        to classified information), or successor order, and to ensure 
        such policies, procedures, and processes--
                    ``(A) include clear and consistent guidance on 
                materials that must be submitted and the mechanisms for 
                making such submissions;
                    ``(B) produce timely and consistent determinations 
                across agencies; and
                    ``(C) incorporate mechanisms for the timely appeal 
                of such determinations.
    ``(d) Consultation With Executive Committee on Classification and 
Declassification Programs and Technology.--In making decisions under 
this section, the Executive Agent for Classification and 
Declassification shall consult with the Executive Committee on 
Classification and Declassification Programs and Technology established 
under section 102(a).
    ``(e) Coordination With the National Declassification Center.--In 
implementing a federated classification and declassification system, 
the Executive Agent for Classification and Declassification shall act 
in coordination with the National Declassification Center established 
by section 3.7(a) of Executive Order 13526 (50 U.S.C. 3161 note; 
relating to classified national security information), or successor 
order.
    ``(f) Standards and Directives of the Information Security 
Oversight Office.--The programs, policies, and systems promoted by the 
Executive Agent for Classification and Declassification shall be 
consistent with the standards and directives established by the 
Information Security Oversight Office.
    ``(g) Annual Report.--
            ``(1) In general.--Not later than the end of the first full 
        fiscal year beginning after the date of the enactment of the 
        Classification Reform Act of 2023 and not less frequently than 
        once each fiscal year thereafter, the Executive Agent for 
        Classification and Declassification shall submit to Congress 
        and make available to the public a report on the implementation 
        of classification and declassification programs and processes 
        in the most recently completed fiscal year.
            ``(2) Coordination.--Each report submitted and made 
        available under paragraph (1) shall be coordinated with the 
        annual report of the Information Security Oversight Office 
        issued pursuant to section 814(d).
            ``(3) Contents.--Each report submitted and made available 
        under subsection (a) shall include, for the period covered by 
        the report, the following:
                    ``(A) The costs incurred by the Federal Government 
                for classification and declassification.
                    ``(B) A description of information systems of the 
                Federal Government and technology programs, processes, 
                and systems of agencies related to classification and 
                declassification.
                    ``(C) A description of the policies and directives 
                issued by the Executive Agent for Classification and 
                Declassification and other activities of the Executive 
                Agent for Classification and Declassification.
                    ``(D) A description of the challenges posed to 
                agencies in implementing the policies and directives of 
                the Executive Agent for Classification and 
                Declassification as well as relevant implementing 
                policies of the agencies.
                    ``(E) A description of pilot programs and new 
                investments in programs, processes, and systems 
                relating to classification and declassification and 
                metrics of effectiveness for such programs, processes, 
                and systems.
                    ``(F) A description of progress and challenges in 
                achieving the goal described in (c)(1).
    ``(h) Funding.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this section amounts 
        as follows:
                    ``(A) $5,000,000 for fiscal year 2024.
                    ``(B) For fiscal year 2025 and each fiscal year 
                thereafter, such sums as may be necessary to carry out 
                this section.
            ``(2) Budget estimates.--In each budget that the President 
        submits to Congress for a fiscal year under section 1105(a) of 
        title 31, United States Code, the President shall include an 
        estimate of the amounts required to carry out this section in 
        that fiscal year.''.

SEC. 102. EXECUTIVE COMMITTEE ON CLASSIFICATION AND DECLASSIFICATION 
              PROGRAMS AND TECHNOLOGY.

    Subtitle C of title VIII of the National Security Act of 1947 (50 
U.S.C. 3161 et seq.), as added by section 101, is further amended by 
adding at the end the following:

``SEC. 812. EXECUTIVE COMMITTEE ON CLASSIFICATION AND DECLASSIFICATION 
              PROGRAMS AND TECHNOLOGY.

    ``(a) Establishment.--There is established a committee to provide 
direction, advice, and guidance to the Executive Agent for 
Classification and Declassification on matters relating to 
classification and declassification programs and technology.
    ``(b) Designation.--The committee established by subsection (a) 
shall be known as the `Executive Committee on Classification and 
Declassification Programs and Technology' (in this section referred to 
as the `Committee').
    ``(c) Membership.--
            ``(1) Composition.--The Committee shall be composed of the 
        following:
                    ``(A) The Director of National Intelligence.
                    ``(B) The Under Secretary of Defense for 
                Intelligence.
                    ``(C) The Secretary of Energy.
                    ``(D) The Secretary of State.
                    ``(E) The Director of the National Declassification 
                Center.
                    ``(F) The Director of the Information Security 
                Oversight Board.
                    ``(G) The Director of the Office of Management and 
                Budget.
                    ``(H) Such other members as the Executive Agent for 
                Classification and Declassification considers 
                appropriate.
            ``(2) Chairperson.--The President shall appoint the 
        chairperson of the Committee.''.

SEC. 103. ADVISORY BODIES FOR EXECUTIVE AGENT FOR CLASSIFICATION AND 
              DECLASSIFICATION.

    Subtitle C of title VIII of the National Security Act of 1947 (50 
U.S.C. 3161 et seq.), as added by section 101 and amended by section 
102, is further amended by adding at the end the following:

``SEC. 813. ADVISORY BODIES FOR EXECUTIVE AGENT FOR CLASSIFICATION AND 
              DECLASSIFICATION.

    ``The following are hereby advisory bodies for the Executive Agent 
for Classification and Declassification:
            ``(1) The Public Interest Declassification Board 
        established by section 703(a) of the Public Interest 
        Declassification Act of 2000 (Public Law 106-567).
            ``(2) The Office of the Historian of the Department of 
        State.
            ``(3) The Historical Office of the Secretary of Defense.
            ``(4) The Office of the Chief Historian of the Central 
        Intelligence Agency.''.

SEC. 104. INFORMATION SECURITY OVERSIGHT OFFICE.

    Subtitle C of title VIII of the National Security Act of 1947 (50 
U.S.C. 3161 et seq.), as added by section 101 and amended by sections 
102 and 103, is further amended by adding at the end the following:

``SEC. 814. INFORMATION SECURITY OVERSIGHT OFFICE.

    ``(a) Establishment.--
            ``(1) In general.--There is hereby established in the 
        executive branch of the Federal Government an office to ensure 
        the Government protects and provides proper access to 
        information to advance the national and public interest by 
        standardizing and assessing the management of classified and 
        controlled unclassified information through oversight, policy 
        development, guidance, education, and reporting.
            ``(2) Designation.--The office established by paragraph (1) 
        shall be known as the `Information Security Oversight Office' 
        (in this section referred to as the `Office').
    ``(b) Director.--There is in the Office a director who shall be the 
head of the Office and who shall be appointed by the President.
    ``(c) Duties.--The duties of the director of the Office, which the 
director shall carry out in coordination with the Executive Agent for 
Classification and Declassification, are as follows:
            ``(1) To develop directives to implement a uniform system 
        across the United States Government for classifying, 
        safeguarding, declassifying, and downgrading of national 
        security information.
            ``(2) To oversee implementation of such directives by 
        agencies through establishment of strategic goals and 
        objectives and periodic assessment of agency performance vis-a-
        vis such goals and objectives.
    ``(d) Annual Report.--Each fiscal year, the director of the Office 
shall submit to Congress a report on the execution of the duties of the 
director under subsection (c).
    ``(e) Funding.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this section amounts 
        as follows:
                    ``(A) $5,000,000 for fiscal year 2024.
                    ``(B) For fiscal year 2025 and each fiscal year 
                thereafter, such sums as may be necessary to carry out 
                this section.
            ``(2) Budget estimates.--In each budget that the President 
        submits to Congress for a fiscal year under section 1105(a) of 
        title 31, United States Code, the President shall include an 
        estimate of the amounts required to carry out this section in 
        that fiscal year.''.

                 TITLE II--REDUCING OVERCLASSIFICATION

SEC. 201. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

    (a) In General.--Title VIII of the National Security Act of 1947, 
as amended by title I of this Act, is further amended by adding at the 
end the following:

           ``Subtitle D--Classification and Declassification

``SEC. 821. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

    ``(a) In General.--The President may, in accordance with this 
title, protect from unauthorized disclosure any information owned by, 
produced by or for, or under the control of the executive branch when 
there is a demonstrable need to do so in order to protect the national 
security of the United States.
    ``(b) Establishment of Standards and Procedures for Classification 
and Declassification.--
            ``(1) Governmentwide procedures.--
                    ``(A) Classification.--The President shall, to the 
                extent necessary, establish categories of information 
                that may be classified and procedures for classifying 
                information under subsection (a).
                    ``(B) Declassification.--At the same time the 
                President establishes categories and procedures under 
                subparagraph (A), the President shall establish 
                procedures for declassifying information that was 
                previously classified.
                    ``(C) Minimum requirements.--The procedures 
                established pursuant to subparagraphs (A) and (B) 
                shall--
                            ``(i) permit the classification of 
                        information only in cases in which the 
                        information meets the standard set forth in 
                        subsection (c) and require the declassification 
                        of information that does not meet such 
                        standard;
                            ``(ii) provide for no more than two levels 
                        of classification;
                            ``(iii) provide for the declassification of 
                        information classified under this title in 
                        accordance with subsection (d);
                            ``(iv) provide for the automatic 
                        declassification of classified records with 
                        permanent historical value in accordance with 
                        subsection (e); and
                            ``(v) provide for the timely review of 
                        materials submitted for prepublication review 
                        in accordance with subsection (g).
            ``(2) Notice and comment.--
                    ``(A) Notice.--The President shall publish in the 
                Federal Register notice regarding the categories and 
                procedures proposed to be established under paragraph 
                (1).
                    ``(B) Comment.--The President shall provide an 
                opportunity for interested persons to submit comments 
                on the categories and procedures covered by 
                subparagraph (A).
                    ``(C) Deadline.--The President shall complete the 
                establishment of categories and procedures under this 
                subsection not later than 60 days after publishing 
                notice in the Federal Register under subparagraph (A). 
                Upon completion of the establishment of such categories 
                and procedures, the President shall publish in the 
                Federal Register notice regarding such categories and 
                procedures.
            ``(3) Modification.--In the event the President determines 
        to modify any categories or procedures established under 
        paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall 
        apply to the modification of such categories or procedures.
            ``(4) Agency standards and procedures.--
                    ``(A) In general.--The head of each agency shall 
                establish a single set of consolidated standards and 
                procedures to permit such agency to classify and 
                declassify information created by such agency in 
                accordance with the categories and procedures 
                established by the President under this section and 
                otherwise to carry out this title.
                    ``(B) Deadline.--Each agency head shall establish 
                the standards and procedures under subparagraph (A) not 
                later than 60 days after the date on which the 
                President publishes notice under paragraph (2)(C) of 
                the categories and standards established by the 
                President under this subsection.
                    ``(C) Submittal to congress.--Each agency head 
                shall submit to Congress the standards and procedures 
                established by such agency head under this paragraph.
    ``(c) Standard for Classification and Declassification.--
            ``(1) In general.--Subject to paragraphs (2) and (3), 
        information may be classified under this title, and classified 
        information under review for declassification under this title 
        may remain classified, only if the harm to national security 
        that might reasonably be expected from disclosure of such 
        information outweighs the public interest in disclosure of such 
        information.
            ``(2) Default rules.--
                    ``(A) Default with respect to classification.--In 
                the event of significant doubt whether the harm to 
                national security that might reasonably be expected 
                from the disclosure of information would outweigh the 
                public interest in the disclosure of such information, 
                such information shall not be classified.
                    ``(B) Default with respect to declassification.--In 
                the event of significant doubt whether the harm to 
                national security that might reasonably be expected 
                from the disclosure of information previously 
                classified under this title would outweigh the public 
                interest in the disclosure of such information, such 
                information shall be declassified.
            ``(3) Criteria.--For purposes of this subsection, in 
        determining the harm to national security that might reasonably 
        be expected from disclosure of information, and the public 
        interest in the disclosure of information, the official making 
        the determination shall consider the following:
                    ``(A) With regard to the harm to national security 
                that might reasonably be expected from disclosure of 
                information, whether or not disclosure of the 
                information would--
                            ``(i) reveal the identity of a confidential 
                        human source, or reveal information about the 
                        application of an intelligence source or 
                        method, or reveal the identity of a human 
                        intelligence source when the unauthorized 
                        disclosure of that source would clearly and 
                        demonstrably damage the national security 
                        interests of the United States;
                            ``(ii) reveal information that would assist 
                        in the development or use of weapons of mass 
                        destruction;
                            ``(iii) reveal information that would 
                        impair United States cryptologic systems or 
                        activities;
                            ``(iv) reveal information that would impair 
                        the application of state of the art technology 
                        within a United States weapons system;
                            ``(v) reveal actual United States military 
                        war plans that remain in effect;
                            ``(vi) reveal information that would 
                        seriously and demonstrably impair relations 
                        between the United States and a foreign 
                        government, or seriously and demonstrably 
                        undermine ongoing diplomatic activities of the 
                        United States;
                            ``(vii) reveal information that would 
                        clearly and demonstrably impair the current 
                        ability of United States Government officials 
                        to protect the President, Vice President, and 
                        other officials for whom protection services, 
                        in the interest of national security, are 
                        authorized;
                            ``(viii) reveal information that would 
                        seriously and demonstrably impair current 
                        national security emergency preparedness plans; 
                        or
                            ``(ix) violate a statute, treaty, or 
                        international agreement.
                    ``(B) With regard to the public interest in 
                disclosure of information--
                            ``(i) whether or not disclosure of the 
                        information would better enable United States 
                        citizens to hold Government officials 
                        accountable for their actions and policies;
                            ``(ii) whether or not disclosure of the 
                        information would assist the United States 
                        criminal justice system in holding persons 
                        responsible for criminal acts or acts contrary 
                        to the Constitution;
                            ``(iii) whether or not disclosure of the 
                        information would assist Congress, or any 
                        committee or subcommittee thereof, in carrying 
                        out its oversight responsibilities with regard 
                        to the executive branch or in adequately 
                        informing itself of executive branch policies 
                        and activities in order to carry out its 
                        legislative responsibilities;
                            ``(iv) whether the disclosure of the 
                        information would assist Congress or the public 
                        in understanding the interpretation of the 
                        Federal Government of a provision of law, 
                        including Federal regulations, presidential 
                        directives, statutes, case law, and the 
                        Constitution of the United States; or
                            ``(v) whether or not disclosure of the 
                        information would bring about any other 
                        significant benefit, including an increase in 
                        public awareness or understanding of Government 
                        activities or an enhancement of Government 
                        efficiency.
            ``(4) Written justification for classification.--
                    ``(A) Original classification.--Each agency 
                official who makes a decision to classify information 
                not previously classified shall, at the time of the 
                classification decision--
                            ``(i) identify himself or herself; and
                            ``(ii) provide in writing a detailed 
                        justification of that decision.
                    ``(B) Derivative classification.--In any case in 
                which an agency official or contractor employee 
                classifies a document on the basis of information 
                previously classified that is included or referenced in 
                the document, the official or employee, as the case may 
                be, shall--
                            ``(i) identify himself or herself in that 
                        document; and
                            ``(ii) use a concise notation, or similar 
                        means, to document the basis for that decision.
            ``(5) Classification prohibitions and limitations.--
                    ``(A) In general.--In no case shall information be 
                classified, continue to be maintained as classified, or 
                fail to be declassified in order--
                            ``(i) to conceal violations of law, 
                        inefficiency, or administrative error;
                            ``(ii) to prevent embarrassment to a 
                        person, organization, or agency;
                            ``(iii) to restrain competition; or
                            ``(iv) to prevent or delay the release of 
                        information that does not require protection in 
                        the interest of the national security.
                    ``(B) Basic scientific research.--Basic scientific 
                research information not clearly related to the 
                national security shall not be classified.
                    ``(C) Reclassification.--Information may not be 
                reclassified after being declassified and release to 
                the public under proper authority unless personally 
                approved by the President based on a determination that 
                such reclassification is required to prevent 
                significant and demonstrable damage to the national 
                security.
    ``(d) Declassification of Information Classified Under Act.--
            ``(1) In general.--No information may remain classified 
        indefinitely.
            ``(2) Maximum period of classification.--Except as provided 
        in paragraphs (3), (4), and (5), information may not remain 
        classified under this title after the date that is 25 years 
        after the date of the original classification of the 
        information.
            ``(3) Earlier declassification.--When classifying 
        information under this title, an agency official may provide 
        for the declassification of the information as of a date or 
        event that is earlier than the date otherwise provided for 
        under paragraph (2).
            ``(4) Later declassification.--When classifying information 
        under this title, an agency official may provide for the 
        declassification of the information on the date that is 50 
        years after the date of the classification if the head of the 
        agency--
                    ``(A) determines that there is no likely set of 
                circumstances under which declassification would occur 
                within the time otherwise provided for under paragraph 
                (2);
                    ``(B)(i) obtains the concurrence of the director of 
                the Information Security Oversight Office in the 
                determination; or
                    ``(ii) if the agency head seeks but is unable to 
                obtain concurrence under clause (i), obtains the 
                concurrence of the President; and
                    ``(C) submits to the President a certification of 
                the determination.
            ``(5) Postponement of declassification.--
                    ``(A) In general.--The declassification of any 
                information or category of information that would 
                otherwise be declassified under paragraph (2) or (4) 
                may be postponed, but only with the personal approval 
                of the President based on a determination that such 
                postponement is required to prevent significant and 
                demonstrable damage to the national security of the 
                United States.
                    ``(B) General duration of postponement.--
                Information the declassification of which is postponed 
                under this paragraph may remain classified not longer 
                than 10 years after the date of the postponement, 
                unless such classification is renewed by the President.
                    ``(C) Congressional notification.--Within 30 days 
                of any postponement or renewal of a postponement under 
                this paragraph, the President shall provide written 
                notification to Congress of such postponement or 
                renewal that describes the significant and demonstrable 
                damage to the national security of the United States 
                that justifies such postponement or renewal.
            ``(6) Basis for determinations.--An agency official making 
        a determination under this subsection with respect to the 
        duration of classification of information, or the 
        declassification of information, shall make the determination 
        required under subsection (c) with respect to classification or 
        declassification in accordance with an assessment of the 
        criteria specified in paragraph (3) of such subsection (c) that 
        is current as of the determination.
    ``(e) Automatic Declassification of Classified Records.--
            ``(1) In general.--Except as provided in paragraph (2), all 
        classified records that are more than 50 years old and have 
        been determined to have permanent historical value under title 
        44, United States Code, shall be automatically declassified on 
        December 31 of the year that is 50 years after the date on 
        which the records were created, whether or not the records have 
        been reviewed.
            ``(2) Postponement.--
                    ``(A) Agency postponement.--The head of an agency 
                may postpone automatic declassification under paragraph 
                (1) of specific records or information, or renew a 
                period of postponed automatic declassification, if the 
                agency head determines that disclosure of the records 
                or information would clearly and demonstrably be 
                expected--
                            ``(i) to reveal the identity of a 
                        confidential human source or a human 
                        intelligence source; or
                            ``(ii) to reveal information that would 
                        assist in the development, production, or use 
                        of weapons of mass destruction.
                    ``(B) Presidential postponement.--The President may 
                postpone automatic declassification under paragraph (1) 
                of specific records or information if the President 
                determines that such postponement is required to 
                prevent significant and demonstrable damage to the 
                national security of the United States.
                    ``(C) General duration of postponement.--A period 
                of postponement automatic declassification under this 
                paragraph shall not exceed 10 years after the date of 
                the postponement, unless renewed by the agency head who 
                postponed the automatic declassification or the 
                President.
                    ``(D) Congressional notification.--Within 30 days 
                of any postponement or renewal of a postponement under 
                this paragraph, the agency head or President 
                responsible for the postponement shall provide written 
                notification to Congress of such postponement or 
                renewal that describes the justification for such 
                postponement or renewal.
    ``(f) Declassification of Current Classified Information.--
            ``(1) Procedures.--The President shall establish procedures 
        for declassifying information that was classified before the 
        date of the enactment of the Classification Reform Act of 2023. 
        Such procedures shall, to the maximum extent practicable, be 
        consistent with the provisions of this section.
            ``(2) Automatic declassification.--The procedures 
        established under paragraph (1) shall include procedures for 
        the automatic declassification of information referred to in 
        paragraph (1) that has remained classified for more than 25 
        years as of such date.
            ``(3) Notice and comment.--
                    ``(A) Notice.--The President shall publish notice 
                in the Federal Register of the procedures proposed to 
                be established under this subsection.
                    ``(B) Comment.--The President shall provide an 
                opportunity for interested persons to submit comments 
                on the procedures covered by subparagraph (A).
                    ``(C) Deadline.--The President shall complete the 
                establishment of procedures under this subsection not 
                later than 60 days after publishing notice in the 
                Federal Register under subparagraph (A). Upon 
                completion of the establishment of such procedures, the 
                President shall publish in the Federal Register notice 
                regarding such procedures.
    ``(g) Prepublication Review.--
            ``(1) In general.--The head of each agency that requires 
        personnel to sign a nondisclosure agreement in accordance with 
        Executive Order 12968 (50 U.S.C. 3161 note; relating to access 
        to classified information), or successor order, providing for 
        the submittal of materials for prepublication review, shall 
        establish a process for the timely review of such materials 
        consistent with the requirements of this title.
            ``(2) Requirements.--Each process established under 
        paragraph (1) shall include the following:
                    ``(A) Clear guidance on materials required to be 
                submitted and the means of submission.
                    ``(B) Mechanisms for ensuring consistent 
                decisionmaking across multiple agencies.
                    ``(C) Mechanisms for appeal of decisions made in 
                the course of the review process.
            ``(3) Centralized appeal.--The President shall establish a 
        mechanism for centralized appeal of agency decisions made 
        pursuant to this subsection.''.
    (b) Conforming Amendment to FOIA.--Section 552(b)(1) of title 5, 
United States Code, is amended to read as follows:
            ``(1)(A) specifically authorized to be classified under the 
        Classification Reform Act of 2023, or specifically authorized 
        under criteria established by an Executive order to be kept 
        secret in the interest of national security; and
            ``(B) are in fact properly classified pursuant to that Act 
        or Executive order;''.
    (c) Effective Date.--
            (1) In general.--Section 821 of the National Security Act 
        of 1947, as added by subsection (a), and the amendment made by 
        subsection (b), shall take effect on the date that is 180 days 
        after the date of the enactment of this Act.
            (2) Relation to presidential directives.--Presidential 
        directives regarding classifying, safeguarding, and 
        declassifying national security information, including 
        Executive Order 13526 (50 U.S.C. 3161 note; relating to 
        classified national security information), or successor order, 
        in effect on the day before the date of the enactment of this 
        Act, as well as procedures issued pursuant to such Presidential 
        directives, shall remain in effect until supersede by 
        procedures issues pursuant to section 821 of the National 
        Security Act of 1947, as added by subsection (a).

SEC. 202. DECLASSIFICATION WORKING CAPITAL FUNDS.

    Subtitle D of title VIII of the National Security Act of 1947, as 
added by section 201, is further amended by adding at the end the 
following:

``SEC. 822. DECLASSIFICATION WORKING CAPITAL FUNDS.

    ``(a) Definition of Covered Agency.--In this section, the term 
`covered agency' means an agency that has original classification 
authority.
    ``(b) Programs Required.--Not later than 90 days after the date of 
the enactment of the Classification Reform Act of 2023, each head of a 
covered agency shall establish a program for the automatic 
declassification of classified records that have permanent historical 
value.
    ``(c) Estimates.--Each head of a covered agency shall ensure that 
the program established by the head pursuant to subsection (b) includes 
a mechanism for estimating the number of classified records generated 
by each subcomponent of the covered agency each fiscal year.
    ``(d) Declassification Working Capital Funds.--
            ``(1) Establishment.--For each covered agency, there is 
        established in the Treasury of the United States a fund to be 
        known as the `Declassification Working Capital Fund' of the 
        respective covered agency.
            ``(2) Contents of funds.--Each fund established under 
        paragraph (1) shall consist of the following:
                    ``(A) Amounts transferred to the fund under 
                subsection (e).
                    ``(B) Amounts appropriated to the fund.
            ``(3) Availability and use of funds.--Subject to the 
        concurrence of the Executive Agent for Classification and 
        Declassification, amounts in a fund of a covered agency 
        established by paragraph (1) shall be available, without fiscal 
        year limitation, to promote and implement technological and 
        automated solutions that are interoperable across covered 
        agencies to support the programs of covered agencies 
        established pursuant to subsection (b).
    ``(e) Transfers to the Funds.--Each head of a covered agency shall 
issue regulations for the covered agency, subject to review and 
approval by the Executive Agent for Classification and 
Declassification, that require each subcomponent of the covered agency 
to transfer, on a periodic basis, to the fund established for the 
covered agency under subsection (c)(1), an amount for a period that 
bears the same ratio to the total of amounts transferred to the fund by 
all subcomponents of the covered agency for that period as the ratio 
of--
            ``(1) the estimate for the subcomponent pursuant to the 
        mechanism required by subsection (c) for that period; bears to
            ``(2) the aggregate of all of the estimates for all 
        subcomponents of the Executive agency under such mechanism for 
        the same period.''.

SEC. 203. TRANSPARENCY OFFICERS.

    Section 1062(a) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee-1(a)) is amended--
            (1) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (4)(C), by striking the period at the end 
        and inserting ``; and'';
            (3) by adding at the end the following:
            ``(5) assist the head of such department, agency, or 
        element and other officials of such department, agency, or 
        element in identifying records of significant public interest 
        and prioritizing appropriate review of such records in order to 
        facilitate the public disclosure of such records in redacted or 
        unredacted form.'';
            (4) in paragraph (4), by redesignating subparagraphs (A) 
        through (C) as clauses (i) through (iii), respectively, and 
        indenting such clauses 2 ems to the right;
            (5) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively, and indenting such 
        subparagraphs 2 ems to the right;
            (6) in the matter before subparagraph (A), as redesignated 
        by paragraph (5), by striking ``The Attorney General'' and 
        inserting the following:
            ``(1) In general.--The Attorney General''; and
            (7) by adding at the end the following:
            ``(2) Determining public interest in disclosure.--In 
        assisting the head of a department, agency, or element and 
        other officials of such department, agency, or element in 
        identifying records of significant public interest under 
        subparagraph (E) of paragraph (1), a senior officer designated 
        under such paragraph shall consider--
                    ``(A) whether or not disclosure of the information 
                would better enable United States citizens to hold 
                Federal Government officials accountable for their 
                actions and policies;
                    ``(B) whether or not disclosure of the information 
                would assist the United States criminal justice system 
                in holding persons responsible for criminal acts or 
                acts contrary to the Constitution;
                    ``(C) whether or not disclosure of the information 
                would assist Congress, or any committee or subcommittee 
                thereof, in carrying out its oversight responsibilities 
                with regard to the executive branch or in adequately 
                informing itself of executive branch policies and 
                activities in order to carry out its legislative 
                responsibilities;
                    ``(D) whether the disclosure of the information 
                would assist Congress or the public in understanding 
                the interpretation of the Federal Government of a 
                provision of law, including Federal regulations, 
                presidential directives, statutes, case law, and the 
                Constitution of the United States; or
                    ``(E) whether or not disclosure of the information 
                would bring about any other significant benefit, 
                including an increase in public awareness or 
                understanding of Government activities or an 
                enhancement of Federal Government efficiency.''.

SEC. 204. CONTINUITY OF MEMBERSHIP OF THE PUBLIC INTEREST 
              DECLASSIFICATION BOARD.

    (a) Continuity of Membership.--Subsection (c)(2) of section 703 of 
the Public Interest Declassification Act of 2000 (50 U.S.C. 3355a) is 
amended by adding at the end the following:
            ``(E) Notwithstanding the other provisions of this 
        paragraph, a member whose term has expired may continue to 
        serve until a successor is appointed.''.
    (b) Meetings.--Subsection (e) of such section is amended, in the 
second sentence, by inserting ``appointed'' before ``members''.

      TITLE III--PREVENTING MISHANDLING OF CLASSIFIED INFORMATION

SEC. 301. SECURITY REVIEW OF CERTAIN RECORDS OF THE PRESIDENT AND VICE 
              PRESIDENT.

    Title VIII of the National Security Act of 1947, as amended by 
titles I and II of this Act, is further amended by adding at the end 
the following:

           ``Subtitle E--Protection of Classified Information

``SEC. 831. SECURITY REVIEW OF CERTAIN RECORDS OF THE PRESIDENT AND 
              VICE PRESIDENT.

    ``(a) Definitions.--In this section:
            ``(1) Archivist, documentary material, presidential 
        records, personal records.--The terms `Archivist', `documentary 
        material', `Presidential records', and `personal records' have 
        the meanings given such terms in section 2201 of title 44, 
        United States Code.
            ``(2) Commingled or uncategorized records.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `commingled or uncategorized 
                records' means all documentary materials not 
                categorized as Presidential records or personal records 
                upon their creation or receipt and filed separately 
                pursuant to section 2203(d) of title 44, United States 
                Code.
                    ``(B) Exception.--The term `commingled or 
                uncategorized records' does not include documentary 
                materials that are--
                            ``(i) official records of an agency (as 
                        defined in section 552(f) of title 5, United 
                        States Code);
                            ``(ii) stocks of publications and 
                        stationery; or
                            ``(iii) extra copies of documents produced 
                        only for convenience of reference, when such 
                        copies are clearly so identified.
            ``(3) Official records of an agency.--The term `official 
        records of an agency' means official records of an agency 
        within the meaning of such terms in section 552 of title 5, 
        United States.
    ``(b) Presumption of Presidential Records.--Commingled or 
uncategorized records shall be presumed to be Presidential records, 
unless the President or Vice President--
            ``(1) categorizes the commingled or uncategorized records 
        as personal records in accordance with subsection (c); or
            ``(2) determines the commingled or uncategorized records 
        are--
                    ``(A) official records of an agency;
                    ``(B) stocks of publications and stationery; or
                    ``(C) extra copies of documents produced only for 
                convenience of reference, when such copies are clearly 
                so identified.
    ``(c) Categorizing Commingled or Uncategorized Records as Personal 
Records.--At any time during the President or Vice President's term of 
office, the President or Vice President may categorize commingled or 
uncategorized records as personal records if--
            ``(1) the Archivist performs a security review of the 
        commingled or uncategorized records that is reasonably designed 
        to identify records that contain standard markings indicating 
        that records contain classified information;
            ``(2) the President obtains written confirmation from the 
        Archivist that the review conducted pursuant to paragraph (1) 
        did not identify any records that contain standard markings 
        indicating that records contain classified information or, if 
        such markings were improperly applied, that such markings have 
        been corrected; and
            ``(3) the President obtains written confirmation from the 
        Archivist that the Archivist is not aware of any other 
        requirement that would preclude categorizing the commingled or 
        uncategorized records as personal records.
    ``(d) Review of Commingled or Uncategorized Records of Former 
Presidents and Vice Presidents.--
            ``(1) Requests for review.--During the 180-day period 
        following the end of the term of office of a former President 
        or Vice President--
                    ``(A) the former President or Vice President may 
                request that the Archivist review the categorization of 
                any commingled or uncategorized records created or 
                received during the term of the former President or 
                Vice-President; and
                    ``(B) the Archivist shall perform a security review 
                of the commingled or uncategorized records pursuant to 
                the request.
            ``(2) Actions upon completion of review.--If, pursuant to a 
        review under paragraph (1), the Archivist determines that any 
        commingled or uncategorized records reviewed are improperly 
        categorized, the Archivist shall--
                    ``(A) submit to the President a recommendation to 
                correct the categorization of the records; and
                    ``(B) notify the former President or Vice-President 
                of that recommendation.''.

SEC. 302. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.

    (a) In General.--Subtitle E of title VIII of the National Security 
Act of 1947, as added by section 301, is amended by adding at the end 
the following:

``SEC. 832. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.

    ``(a) Mishandling or Unauthorized Disclosure of Classified 
Information Defined.--In this section, the term `mishandling or 
unauthorized disclosure of classified information' means any 
unauthorized storage, retention, communication, confirmation, 
acknowledgment, or physical transfer of classified information.
    ``(b) Assessments.--The Director of the National 
Counterintelligence and Security Center shall prepare a written 
assessment of the risk to national security from any mishandling or 
unauthorized disclosure of classified information involving the conduct 
of the President, Vice President, or an official listed in Level I of 
the Executive Schedule under section 5312 of title 5, United States 
Code, within 90 days of the detection of such mishandling or 
unauthorized disclosure.
    ``(c) Description of Risks.--A written assessment prepared pursuant 
to subsection (b) shall describe the risk to national security if the 
classified information were to be exposed in public or to a foreign 
adversary.
    ``(d) Submittal of Assessments.--Each written assessment prepared 
pursuant to subsection (b) shall be submitted to Congress, in 
classified form, upon completion.''.
    (b) Prospective Application.--Section 832 of such Act, as added by 
subsection (a), shall apply to incidents of mishandling or unauthorized 
disclosure of classified information (as defined in such section) 
detected on or after the date of the enactment of this Act.

SEC. 303. MINIMUM STANDARDS FOR EXECUTIVE AGENCY INSIDER THREAT 
              PROGRAMS.

    (a) Definitions.--In this section, the terms ``agency'' and 
``classified information'' have the meanings given such terms in 
section 800 of the National Security Act of 1947, as added by section 
2.
    (b) Establishment of Insider Threat Programs.--Each head of an 
agency with access to classified information shall establish an insider 
threat program to protect classified information from unauthorized 
disclosure.
    (c) Minimum Standards.--In carrying out an insider threat program 
established by the head of an agency pursuant to subsection (b), the 
head of the agency shall--
            (1) designate a senior official of the agency who shall be 
        responsible for management of the program;
            (2) monitor user activity on all classified networks in 
        order to detect activity indicative of insider threat behavior;
            (3) build and maintain an insider threat analytic and 
        response capability to review, assess, and respond to 
        information obtained pursuant to paragraph (2); and
            (4) provide insider threat awareness training to all 
        cleared employees within 30 days of entry-on-duty or granting 
        of access to classified information and annually thereafter.
    (d) Annual Reports.--Not less frequently that once each year, the 
Director of National Intelligence shall, serving as the Security 
Executive Agent under section 803 of the National Security Act of 1947 
(50 U.S.C. 3162a), submit to Congress an annual report on the 
compliance of agencies with respect to the requirements of this 
section.

                        TITLE IV--OTHER MATTERS

SEC. 401. PROHIBITIONS.

    (a) Withholding Information From Congress.--Nothing in this Act or 
an amendment made by this Act shall be construed to authorize the 
withholding of information from Congress.
    (b) Judicial Review.--Except in the case of the amendment to 
section 552 of title 5, United States Code, made by section 201(b), no 
person may seek or obtain judicial review of any provision of this Act 
or any action taken under a provision of this Act.

SEC. 402. CONFORMING AMENDMENT.

    Section 804 of the National Security Act of 1947 (50 U.S.C. 3163) 
is amended by striking ``this title'' and inserting ``sections 801 and 
802''.

SEC. 403. CLERICAL AMENDMENT.

    The table of contents for the National Security Act of 1947 is 
amended by striking the items relating to title VIII and inserting the 
following:

       ``TITLE VIII--PROTECTION OF NATIONAL SECURITY INFORMATION

                       ``Subtitle A--Definitions

``Sec. 800. Definitions.
       ``Subtitle B--Access to Classified Information Procedures

``Sec. 801. Procedures.
``Sec. 802. Requests by authorized investigative agencies.
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
            ``Subtitle C--Security Classification Governance

``Sec. 811. Executive Agent for Classification and Declassification.
``Sec. 812. Executive Committee on Classification and Declassification 
                            Programs and Technology.
``Sec. 813. Advisory bodies for Executive Agent for Classification and 
                            Declassification.
``Sec. 814. Information Security Oversight Office.
           ``Subtitle D--Classification and Declassification

``Sec. 821. Classification and declassification of information.
``Sec. 822. Declassification working capital funds.
           ``Subtitle E--Protection of Classified Information

``Sec. 831. Security review of certain records of the President and 
                            Vice President.
``Sec. 832. Mandatory counterintelligence risk assessments.''.
                                 &lt;all&gt;
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