I
103D CONGRESS
2D SESSION
H. R. 3927
To provide for a uniform system for classifying and declassifying information,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 1994
Mr. GLICKMAN (for himself, Mr. SKAGGS, and Mr. BILBRAY) introduced the
following bill; which was referred jointly to the Committees on Armed
Services, Permanent Select Committee on Intelligence, Rules, and Gov-
ernment Operations
A BILL
To provide for a uniform system for classifying and
declassifying 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.
This Act may be cited as the ‘‘Information Classifica-
tion Act of 1994’’.
SEC. 2. CLASSIFICATION AND DECLASSIFICATION OF IN-
FORMATION.
(a) IN GENERAL.—The National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at
the end the following new title:
‘‘TITLE VIII—CLASSIFICATION OF
INFORMATION
‘‘CLASSIFICATION CRITERIA
‘‘SEC. 801. (a) Information may be classified under
this title only if the interest of the public in knowing such
information is outweighed by the damage to the national
security of the United States which demonstrably could
be expected to result from the public release of such infor-
mation.
‘‘(b) If there is reasonable doubt about the need to
classify information, it shall not be classified.
‘‘(c) Information that may be considered for classi-
fication is information that includes (but is not limited to)
any of the following concerns:
‘‘(1) The ability of the United States military
to defend the Nation from armed aggression, engage
in armed conflict, or participate in peacekeeping or
multinational operations abroad.
‘‘(2) The vulnerability of United States Govern-
ment personnel, facilities, weapons technology, or re-
lated systems to armed attack, loss or compromise,
or measures that would weaken their effectiveness or
counter their capabilities.
‘‘(3) Diplomatic relations between the United
States and another country or international organi-
zation of governments.
‘‘(4) Intelligence sources and methods, includ-
ing those related to covert actions and cryptologic
activities.
‘‘(5) The ability of the United States to apply
critical research or technology to the national de-
fense or foreign relations of the United States.
‘‘(d) In no case shall information be classified in
order to—
‘‘(1) conceal violations of law, inefficiency, or
administrative error;
‘‘(2) prevent embarrassment to a person, orga-
nization, or agency;
‘‘(3) restrain competition;
‘‘(4) prevent or delay the release of information
that does not require protection in the interests of
national security;
‘‘(5) control access to basic scientific research
information not clearly related to the national secu-
rity;
‘‘(6) control information after it has been re-
leased to the public or a member thereof under prop-
er authority; or
‘‘(7) prevent the public release of a compilation
of items of information which individually are not
classified.
‘‘CLASSIFICATION LEVELS
‘‘SEC. 802. (a) Information may be classified if at
the time the original classification decision is made either
of the following is identified or described:
‘‘(1) Exceptionally grave damage to the na-
tional security of the United States which could de-
monstrably be expected to result from the public re-
lease of such information.
‘‘(2) Serious damage to the national security of
the United States which could demonstrably be ex-
pected to result from the public release of such in-
formation.
‘‘(b) Information shall be classified under subsection
(a)(2) if there is a reasonable doubt about the appropriate
level of classification.
‘‘(c)(1) Information obtained directly from a foreign
government may retain the classification assigned by that
foreign government if the foreign government is on the
list published under section 805(b)(3).
‘‘(2) Information obtained directly from a foreign
government that is not on the list published under section
805(b)(3) may only be classified under this title.
‘‘CLASSIFICATION AUTHORITY
‘‘SEC. 803. Original classification authority may only
be exercised by the President and such other officials as
the President may designate. The President shall publish
annually in the Federal Register the officials designated
under this section to exercise original classification au-
thority.
‘‘DURATION OF CLASSIFICATION
‘‘SEC. 804. (a) To the extent possible, the original
classification authority shall determine the date when or
event upon which declassification shall occur, based on the
duration of the national security sensitivity of the informa-
tion. The date or event may not exceed the periods speci-
fied in subsection (b), except as provided in subsection (c).
‘‘(b) Except as provided in subsection (c)—
‘‘(1) 
information 
classified 
under 
section
802(a)(1) shall be marked for declassification not
later than the end of the 10-year period beginning
on the date of the original classification decision;
and
‘‘(2) 
information 
classified 
under 
section
802(a)(2) shall be marked for declassification not
functions and responsibilities existed on the day be-
fore the date of enactment of this title.
‘‘(2)(A) A periodic review of the classification of
information under this title, including—
‘‘(i) the appropriateness of the level of
classification to the information classified; and
‘‘(ii) the basis for the classification deci-
sion with respect to the information.
‘‘(B) Referring to the original classification au-
thority or successor for reconsideration of questions
concerning information raised pursuant to para-
graph (2).
‘‘(3) The annual determination of, and publica-
tion of a list of, foreign governments that have writ-
ten procedures generally applicable to the classifica-
tion of information that are available to the public.
‘‘(c) This section shall take effect on the date of ap-
proval of the joint resolution under section 806.
‘‘CONGRESSIONAL APPROVAL OF IMPLEMENTING ACTIONS
‘‘SEC. 806. (a) The President shall develop a proposal
for implementing this title and shall submit such proposal
to the Congress for approval in accordance with subsection
(b).
‘‘(b)(1) The proposal referred to in subsection (a)
may not take effect until after Congress approves the pro-
posal by joint resolution in accordance with this section.
‘‘(2) Any such joint resolution shall be considered in
the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms
Export Control Act of 1976.
‘‘(3) For the purpose of expediting the consideration
and enactment of joint resolutions under this subsection,
a motion to proceed to the consideration of any such joint
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the
House of Representatives.
‘‘DEFINITIONS
‘‘SEC. 807. For the purposes of this title:
‘‘(1) The term ‘information’ means any knowl-
edge that can be communicated or documentary ma-
terial, regardless of its physical form or characteris-
tics, that is owned by, produced by or for, or is
under the control of the United States Government.
‘‘(2) The term ‘original classification’ means an
initial determination that information requires, in
the interest of national security, protection against
public release.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of the National Security Act of 1947 is amended
by adding at the end the following:
‘‘TITLE VIII—CLASSIFICATION OF INFORMATION
‘‘Sec. 801. Classification criteria.
‘‘Sec. 802. Classification levels.
‘‘Sec. 803. Classification authority.
‘‘Sec. 804. Duration of classification.
‘‘Sec. 805. Information Security Oversight Office.
‘‘Sec. 806. Congressional approval of implementing actions.
‘‘Sec. 807. Definitions.’’.
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