I 
118TH CONGRESS 
1ST SESSION H. R. 5977 
To improve the classification and declassification of national security 
information, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 17, 2023 
Mr. WENSTRUP (for himself and Ms. SPANBERGER) introduced the following 
bill 
OCTOBER 25, 2023 
Referred to the Committee on Oversight and Accountability, and in addition 
to the Committees on Intelligence (Permanent Select), and Energy and 
Commerce, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
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 Representa-
tives 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: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Findings and sense of Congress. 
Sec. 3. Classification authority. 
Sec. 4. Promoting efficient declassification review. 
Sec. 5. Training to promote sensible classification. 
Sec. 6. Improvements to Public Interest Declassification Board. 
Sec. 7. Implementation of technology for classification and declassification. 
Sec. 8. Studies and recommendations on necessity of security clearances. 
Sec. 9. Definitions. 
SEC. 2. FINDINGS AND SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(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 De-
terminations’’, 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 CONGRESS.—It is the sense of Con-
gress that— 
(1) the classification system of the Federal Gov-
ernment is in urgent need of reform; 
(2) the number of people with access to classi-
fied information is exceedingly high and must be jus-
tified or reduced; 
(3) reforms are necessary to reestablish trust 
between the Federal Government and the people of 
the United States; and 
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(4) classification should be limited to the min-
imum necessary to protect national security while 
balancing the public’s interest in disclosure. 
SEC. 3. CLASSIFICATION AUTHORITY. 
(a) IN GENERAL.—The authority to classify informa-
tion originally may be exercised only by— 
(1) the President and, in the discharge of exec-
utive duties and responsibilities, the Vice President; 
(2) the head or any other official of any agency 
authorized by the President pursuant to a designa-
tion 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 author-
ized under this section to classify information originally 
at a specified level may also classify information originally 
at a lower level. 
(c) DELEGATION OF ORIGINAL CLASSIFICATION AU-
THORITY.—An official of the Federal Government may be 
delegated original classification authority subject to the 
following: 
(1) Delegation of original classification author-
ity shall be limited to the minimum required to ad-
minister this section. Agency heads shall be respon-
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sible for ensuring that designated subordinate offi-
cials have a demonstrable and continuing need to ex-
ercise such authority. 
(2) Authority to originally classify information 
at the level designated as ‘‘Top Secret’’ may be dele-
gated 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 dis-
charge of executive duties and responsibilities, the 
Vice President, or an agency head or official des-
ignated pursuant to subsection (a)(2), or the senior 
agency official described in section 5.4(d) of Execu-
tive 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 agen-
cy head. 
(4) Each delegation of original classification au-
thority shall be in writing and the authority shall 
not be redelegated except as provided by paragraph 
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(1), (2), or (3). Each delegation shall identify the of-
ficial 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 train-
ing described in paragraph (2). 
(2) TRAINING DESCRIBED.—Training described 
in this paragraph is training on original classifica-
tion that includes instruction on the proper safe-
guarding of classified information and of the crimi-
nal, 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, con-
tractor, licensee, certificate holder, or grantee of an 
agency who does not have original classification au-
thority originates information believed by that em-
ployee, contractor, licensee, certificate holder, or 
grantee to require classification, the information 
shall be protected in a manner consistent with Exec-
utive Order 13526 (50 U.S.C. 3161 note; relating to 
classified national security information), or successor 
order. 
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(2) TRANSMISSION.—An employee, contractor, 
licensee, certificate holder, or grantee described in 
paragraph (1), who originates information described 
in such paragraph, shall promptly transmit such in-
formation to— 
(A) the head of the agency that has appro-
priate subject matter interest and classification 
authority with respect to the information; or 
(B) if it is not clear which agency has ap-
propriate subject matter interest and classifica-
tion authority with respect to the information, 
to the Director of the Information Security 
Oversight Office of the National Archives and 
Records Administration. 
(3) INFORMATION
SECURITY
OVERSIGHT
OF-
FICE ACTION.—If the Director of the Information 
Security Oversight Office receives information under 
paragraph (2)(B), the Director shall determine 
which agency has appropriate subject matter interest 
and classification authority and submit the informa-
tion, with appropriate recommendations, to the head 
of that agency for a classification determination. 
(4) TIMING
OF
DETERMINATIONS.—Not later 
than 30 days after the head of agency receives infor-
mation pursuant to paragraph (2)(A) or (3), the 
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head shall make a determination as to whether to 
classify the information. 
SEC. 4. PROMOTING EFFICIENT DECLASSIFICATION RE-
VIEW. 
(a) IN GENERAL.—Whenever the head of 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 re-
view 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 Decem-
ber 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 de-
scribed 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. 
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SEC. 5. TRAINING TO PROMOTE SENSIBLE CLASSIFICA-
TION. 
(a) TRAINING REQUIRED.—Each head of an agency 
with classification authority shall conduct training for em-
ployees of such agency with classification authority to dis-
courage over-classification and to promote sensible classi-
fication. 
(b) DEFINITIONS.—In this section: 
(1) OVER-CLASSIFICATION.—The term ‘‘over- 
classification’’ means classification at a level that ex-
ceeds the minimum level of classification that is suf-
ficient 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. 
SEC. 6. IMPROVEMENTS TO PUBLIC INTEREST DECLAS-
SIFICATION 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: 
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‘‘(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 em-
ployee’’; and 
(B) by adding at the end the following: 
‘‘(2) In addition to any employees detailed to the 
Board under paragraph (1), the Board may hire not more 
than 12 staff members.’’. 
SEC. 7. IMPLEMENTATION OF TECHNOLOGY FOR CLASSI-
FICATION 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 of the Office of Man-
agement and Budget (in this section referred to as the 
‘‘Administrator’’), in consultation with the Secretary of 
Defense, the Director of the Central Intelligence Agency, 
the Director of National Intelligence, the Director of the 
Information Security Oversight Office, the head of the Na-
tional Declassification Center of the National Archives 
and Records Administration, and the Public Interest De-
classification Board, shall— 
(1) research a technology-based solution— 
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(A) using 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 Govern-
ment; 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.— 
(1) SUBMISSION.—Not later than 540 days 
after the date of the enactment of this Act, the 
President shall submit to Congress a report on the 
technology-based solution recommended by the Ad-
ministrator under subsection (a)(2) and the deter-
mination of the President regarding its adoption. 
(2) FORM.—The report under paragraph (1) 
may be submitted in classified form. 
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SEC. 8. STUDIES AND RECOMMENDATIONS ON NECESSITY 
OF SECURITY CLEARANCES. 
(a) STUDIES ON NECESSITY OF SECURITY CLEAR-
ANCES.— 
(1) STUDIES
REQUIRED.—The head of each 
agency that grants security clearances to personnel 
of such agency shall conduct a study on the neces-
sity of such security 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 head with re-
spect to such study, which the head may clas-
sify as appropriate. 
(B) REQUIRED ELEMENTS.—Each report 
submitted by the head of an agency under sub-
paragraph (A) shall include, for such agency, 
the following: 
(i) The number of personnel eligible 
for access to information up to the Top Se-
cret level. 
(ii) The number of personnel eligible 
for access to information up to the Secret 
level. 
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(iii) Information on the any reduction 
in the number of personnel eligible for ac-
cess to classified information based on the 
study conducted under paragraph (1). 
(iv) A description of how the head will 
ensure that the number of security clear-
ances 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 capacity of such Sec-
retary as the Executive Agent for the National In-
dustrial Security Program. The Secretary of Defense 
shall treat contractors, licensees, and grantees as 
personnel of the Department of Defense for pur-
poses 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 
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Oversight Office of the National Archives and Records Ad-
ministration, the Director of National Intelligence, and the 
Public Interest Declassification Board shall each review 
the study or review, as the case may be. 
SEC. 9. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term ‘‘Executive agency’’ in sec-
tion 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 doc-
umentary form. 
(3) CLASSIFICATION.—The term ‘‘classifica-
tion’’ means the act or process by which information 
is determined to be classified information. 
(4) DECLASSIFICATION.—The term ‘‘declas-
sification’’ means the authorized change in the sta-
tus of information from classified information to un-
classified information. 
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(5) DOCUMENT.—The term ‘‘document’’ means 
any recorded information, regardless of the nature of 
the medium or the method or circumstances of re-
cording. 
(6) DOWNGRADE.—The term ‘‘downgrade’’ 
means a determination by a declassification author-
ity 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 pro-
duced by or for, or is under the control of the 
United States Government. 
(8) ORIGINATE, 
ORIGINATING, 
AND
ORIGI-
NATED.—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, 
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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 ‘‘secu-
rity 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. 
Æ 
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