I
105TH CONGRESS
1ST SESSION
H. R. 1546
To provide for a system to classify information in the interests of national
security and a system to declassify such information.
IN THE HOUSE OF REPRESENTATIVES
MAY 7, 1997
Mr. HAMILTON (for himself and Mr. COMBEST) introduced the following bill;
which was referred to the Committee on Government Reform and Over-
sight, and in addition to the Committees on Intelligence (Permanent Se-
lect), and National Security, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To provide for a system to classify information in the inter-
ests of national security and a system to declassify such
information.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Government Secrecy
Act of 1997’’.
SEC. 2. PURPOSE.
It is the purpose of this Act to promote the effective
protection of classified information and the disclosure of
information where there is not a well-founded basis for
protection or where the costs of maintaining a secret out-
weigh the benefits.
SEC. 3. FINDINGS.
The Congress makes the following findings:
(1) The system for classifying and declassifying
national security information has been based in reg-
ulation, not in statute, and has been governed by six
successive Executive orders since 1951.
(2) The Commission on Protecting and Reduc-
ing Government Secrecy, established under Public
Law 103–236, issued its report on March 4, 1997
(S. Doc. 105–2), in which it recommended reducing
the volume of information classified and strengthen-
ing the protection of classified information.
(3) The absence of a statutory framework has
resulted in unstable and inconsistent classification
and declassification policies, excessive costs, and in-
adequate implementation.
(4) The implementation of Executive orders will
be even more costly as more documents are prepared
and used on electronic systems.
(5) United States taxpayers incur substantial
costs as several million documents are classified each
year. According to figures submitted to the Informa-
tion Security Oversight Office and the Congress, the
executive branch and private industry together spent
more than $5.2 billion in 1996 to protect classified
information.
(6) A statutory foundation for the classification
and declassification of information is likely to result
in a more stable and cost-effective set of policies and
a more consistent application of rules and proce-
dures.
(7) Enactment of a statute would create an op-
portunity for greater oversight by the Congress of
executive branch classification and declassification
activities, without impairing the responsibility of ex-
ecutive branch officials for the day-to-day adminis-
tration of the system.
SEC. 4. CLASSIFICATION AND DECLASSIFICATION OF IN-
FORMATION.
(a) CLASSIFICATION FOR NATIONAL SECURITY REA-
SONS.—The President may, in accordance with this Act,
protect from unauthorized disclosure information in the
possession and 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. The President shall
ensure that the amount of information classified is the
minimum necessary to protect the national security.
categories or procedures established under
paragraph (1).
(3) AGENCY STANDARDS AND PROCEDURES.—
The head of each agency shall establish standards
and procedures for classifying and declassifying in-
formation created by that agency on the basis of the
categories and procedures established by the Presi-
dent under paragraph (1). Each agency head, in es-
tablishing and modifying standards and procedures
under this paragraph, shall follow the procedures re-
quired of the President in paragraph (2) for estab-
lishing and modifying categories and procedures
under that paragraph.
(c) CONSIDERATIONS IN DETERMINING CLASSIFICA-
TION AND DECLASSIFICATION.—
(1) IN GENERAL.—In determining whether in-
formation should be classified or declassified, the
agency official making the determination shall weigh
the benefit from public disclosure of the information
against the need for initial or continued protection
of the information under the classification system. If
there is significant doubt as to whether information
requires such protection, it shall not be classified.
(2) WRITTEN JUSTIFICATION.—
(A) 
ORIGINAL
CLASSIFICATION.—The
agency official who makes the decision to clas-
sify information shall identify himself or herself
and shall provide in writing a detailed justifica-
tion for that decision.
(B) DERIVATIVE CLASSIFICATION.—In any
case in which an agency official classifies a doc-
ument on the basis of information previously
classified that is included or referenced in the
document, that agency official shall identify
himself or herself in that document.
(d) STANDARDS FOR DECLASSIFICATION.—
(1) INITIAL
CLASSIFICATION
PERIOD.—Infor-
mation may not remain classified under this Act for
longer than a 10-year period unless the head of the
agency that created the information certifies to the
President at the end of such period that the infor-
mation requires continued protection, based on a
current assessment of the risks of disclosing the in-
formation, carried out in accordance with subsection
(c)(1).
(2) ADDITIONAL CLASSIFICATION PERIOD.—In-
formation not declassified prior to or at the end of
the 10-year period referred to in paragraph (1) may
not remain classified for more than a 30-year period
unless the head of the agency that created the infor-
mation certifies to the President at the end of such
30-year period that continued protection of the in-
formation from unauthorized disclosure is essential
to the national security of the United States or that
demonstrable harm to an individual will result from
release of the information.
(3) DECLASSIFICATION SCHEDULES.—All clas-
sified information shall be subject to regular review
pursuant to schedules each agency head shall estab-
lish and publish in the Federal Register. Each agen-
cy shall follow the schedule established by the agen-
cy head in declassifying information created by that
agency.
(4) ASSESSMENT OF EXISTING CLASSIFIED IN-
FORMATION.—Each agency official responsible for
information which, before the effective date of this
Act—
(A) was determined to be kept protected
from unauthorized disclosure in the interest of
national security, and
(B) had been kept so protected for longer
than the 10-year period referred to in para-
graph (1),
shall, to the extent feasible, give priority to making
decisions with respect to declassifying that informa-
tion as soon as is practicable.
(e) REPORTS TO CONGRESS.—Not later than Decem-
ber 31 of each year, the head of each agency that is re-
sponsible for the classification and declassification of in-
formation shall submit to the Congress a report that de-
scribes the application of the classification and declas-
sification standards and procedures of that agency during
the preceding fiscal year.
(f) AMENDMENT
TO FREEDOM
OF INFORMATION
ACT.—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 Government Secrecy Act of 1997, or spe-
cifically authorized, before the effective date of that
Act, under criteria established by an Executive order
to be kept secret in the interest of national security
(as defined by section 7(6) of the Government Se-
crecy Act of 1997), and (B) are in fact properly
classified pursuant to that Act or Executive order;’’.
SEC. 5. NATIONAL DECLASSIFICATION CENTER.
(a) ESTABLISHMENT.—The President shall establish,
within an existing agency, a National Declassification
Center, the functions of which shall be—
(1) to coordinate and oversee the declassifica-
tion policies and practices of the Federal Govern-
ment; and
(2) to provide technical assistance to agencies
in implementing such policies and practices, in ac-
cordance with this section.
(b) FUNCTIONS.—
(1) DECLASSIFICATION OF INFORMATION.—The
Center shall, at the request of any agency and on a
reimbursable basis, declassify information within the
possession of that agency pursuant to the guidance
of that agency on the basis of the declassification
standards and procedures established by that agency
under section 4, or if another agency created the in-
formation, pursuant to the guidance of that other
agency on the basis of the declassification standards
and procedures established by that agency under
section 4. In carrying out this paragraph, the Center
may use the services of officers or employees or the
resources of another agency, with the consent of the
head of that agency.
(2) COORDINATION OF POLICIES.—The Center
shall coordinate implementation by agencies of the
declassification policies and procedures established
by the President under section 4 and shall ensure
public who have a demonstrable expertise in declas-
sification and the management of Government
records. No officer or employee of the United States
Government shall be appointed to the Advisory Com-
mittee.
(3) DUTIES.—The Advisory Committee shall
provide advice to the Center and make recommenda-
tions concerning declassification priorities and activi-
ties.
(d) ANNUAL REPORTS.—The Center shall submit to
the President and the Congress, not later than December
31 of each year, a report on its activities during the pre-
ceding fiscal year, and on the implementation of agency
declassification practices and its efforts to coordinate
those practices.
SEC. 6. INFORMATION TO THE CONGRESS.
Nothing in this Act shall be construed to authorize
the withholding of information from the Congress.
SEC. 7. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Advisory Committee’’ means the
National Declassification Advisory Committee estab-
lished under section 5(c);
(2) 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 Government that comes into
the possession of classified information;
(3) the term ‘‘Center’’ means the National De-
classification Center established under section 5(a);
(4) the terms ‘‘classify’’, ‘‘classified’’, and ‘‘clas-
sification’’ refer to the process by which information
is determined to require protection from unauthor-
ized disclosure pursuant to this Act in order to pro-
tect the national security of the United States;
(5) the terms ‘‘declassify’’, ‘‘declassified’’, and
‘‘declassification’’ refer to the process by which in-
formation that has been classified is determined to
no longer require protection from unauthorized dis-
closure pursuant to this Act; and
(6) the term ‘‘national security of the United
States’’ means the national defense or foreign rela-
tions of the United States.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of
the enactment of this Act.
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