Title: Transparency in Classification Act of 2020
Policy area: Armed Forces and National Security

Summary:
Transparency in Classification Act of 2020
This bill establishes the Interagency Security Classification Appeals Panel, a body to review decisions related to the classification of information, and contains other related provisions.
The appeals panel shall provide the public and authorized users of the classification system with a forum to request review of agency classification decisions. It shall also provide members of Congress a mechanism for expedited reviews of classification decisions.
Each agency that handles classified information shall establish a policy for an individual authorized to access classified information to request a review of a classification decision. Such an individual may also appeal a classification decision to the appeals panel. Appeals panel decisions may be appealed to the President.
The bill imposes various requirements related to the appeals processes created under this bill, including time lines for rendering decisions.
The appeals panel shall establish a public website with information about all appeals requests that it has received.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4806 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4806

To establish the Interagency Security Classification Appeals Panel, to 
provide agency and higher level reviews of classification decisions, to 
  provide expedited review of classification decisions for members of 
      Congress, and to provide protections for those challenging 
           classification decisions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 19, 2020

 Mr. Murphy (for himself and Mr. Wyden) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To establish the Interagency Security Classification Appeals Panel, to 
provide agency and higher level reviews of classification decisions, to 
  provide expedited review of classification decisions for members of 
      Congress, and to provide protections for those challenging 
           classification decisions, 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.

    This Act may be cited as the ``Transparency in Classification Act 
of 2020''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) A fundamental tenet of democracy is the consent of the 
        governed, which requires public knowledge of governmental 
        actions. As a result, few government powers are more sacred 
        than the ability to decide which information should be withheld 
        from the public.
            (2) The protection of our national security requires that 
        some of the work of the United States Government be done such 
        that this information is protected if its disclosure could 
        cause serious or grave harm to national security and if such 
        harm does not outweigh the public's right to know.
            (3) Although the executive branch of the Federal Government 
        has a responsibility to weigh the public's right to know when 
        making classification decisions, it does not always do so due 
        to errors of commission and omission.
            (4) In order to ensure an informed public while 
        simultaneously protecting certain information that would harm 
        national security if divulged, checks and balances are needed 
        for the classification system.
            (5) Congress, by virtue of its vital role in oversight, has 
        an interest and responsibility to address abuse and improper 
        classification by the executive branch of the Federal 
        Government.
            (6) Although section 552 of title 5, United States Code 
        (commonly known as the ``Freedom of Information Act'') and 
        other public access tools, including Mandatory Declassification 
        Review pursuant to section 3.5 of Executive Order 13526 (50 
        U.S.C. 3161 note; relating to classified national security 
        information), provide venues for declassifying records that 
        would not harm national security if divulged, the lengthy time 
        frame for these appeals renders them ineffective in nourishing 
        vital public debate.
            (7) An accurate and limited classification system supports 
        both the public's right to know and government effectiveness 
        through enabling policy coordination, reducing costs of 
        maintaining information that need not be classified, and 
        protecting the integrity of the classification system.
            (8) The national security of the United States is enhanced 
        both by laws permitting national security agencies to 
        occasionally limit access to sensitive national security 
        information through the classification system, such as 
        Executive Order 13526 (50 U.S.C. 3161 note; relating to 
        classified national security information), and by an open 
        debate on decisions that affect the national security of the 
        United States. Both are central to the proper functioning of 
        the political institutions and democracy of the United States.
            (9) Allowing limitations on access as described in 
        paragraph (8) presents a potential for abuse, where 
        embarrassing or inconvenient information could be classified 
        for reasons other than national security. This is prohibited by 
        law, including by section 1.7 of Executive Order 13526 (50 
        U.S.C. 3161 note; relating to classified national security 
        information).
            (10) Ensuring national security agencies use classification 
        powers judiciously and in accordance with the laws described in 
        paragraph (8) requires a recourse for authorized classification 
        holders, including all members of Congress, to challenge 
        classifications decisions of agencies and appeal agency-level 
        classification decisions to an independent body.
            (11) Since 1995, the Interagency Security Classification 
        Appeals Panel (ISCAP) has provided the public and users of the 
        classification system with a valuable forum for further review 
        of classification decisions.
            (12) Since the founding of the Interagency Security 
        Classification Appeals Panel, however, the work of the Panel 
        has been constrained by a lack or resources, including 
        classified communication technology and dedicated staff, as 
        well as limited progress on much-needed governmentwide 
        modernization of the classification system. This has created a 
        backlog of more than 1,000 cases.
            (13) Since 2000, the Public Interest Declassification Board 
        (PIDB) has provided a vital role in supporting the public 
        interest in classification policy and classification decisions, 
        including the vital role of responding to requests from 
        Congress to consider the classification decisions of specific 
        records. This advisory role plays a separate, complementary 
        role to the Interagency Security Classification Appeals Panel, 
        which is able to declassify records through its appeal 
        function.
            (14) Section 2302(b)(9)(A) of title 5, United States Code, 
        prohibits the head of an agency from taking or failing to take, 
        or threatening to take or fail to take, a personnel action 
        against certain employees because of the exercise of an appeal, 
        complaint, or grievance right granted by any provision of law.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency, classified material or record, 
        declassification, and national security.--The terms ``agency'', 
        ``classified material'', ``classified record'', 
        ``declassification'', and ``national security'' have the 
        meanings given such terms in section 709 of the Public Interest 
        Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. 
        3355g).
            (2) Authorized users of the classification system.--The 
        term ``authorized user of the classification system'' means an 
        official or contractor of the Federal Government who is 
        authorized to access classified material or records.
            (3) Classification decision.--
                    (A) In general.--The term ``classification 
                decision'', means a decision regarding whether any 
                correspondence, memorandum, book, plan, map, drawing, 
                diagram, pictorial or graphic work, photograph, film, 
                microfilm, sound recording, videotape, machine readable 
                records, and other documentary material, regardless of 
                physical form or characteristics, requires protection 
                against unauthorized disclosure in the interests of the 
                national security of the United States.
                    (B) Inclusion.--Such term includes the following:
                            (i) An original classification decision.
                            (ii) A decision creating a derivative 
                        classification.
                            (iii) A decision creating a classification 
                        by compilation.
                            (iv) Any decision creating any similar 
                        classification pursuant to a provision of law 
                        in effect on the day before the date of the 
                        enactment of this Act.
            (4) Panel.--The term ``Panel'' means the Interagency 
        Security Classification Appeals Panel established under section 
        4(a).

SEC. 4. INTERAGENCY SECURITY CLASSIFICATION APPEALS PANEL.

    (a) Establishment.--There is established within the executive 
branch of the United States a panel to be known as the ``Interagency 
Security Classification Appeals Panel''.
    (b) Purposes.--The purposes of the Panel are as follows:
            (1) To provide the public and authorized users of the 
        classification system, including members of Congress and 
        employees and contractors of the legislative branch of the 
        Federal Government who are authorized users of the 
        classification system, with a forum for further review of 
        classification decisions made by the heads of agencies.
            (2) To provide a member of Congress a mechanism for 
        expedited review of a classification decision that is relevant 
        to an active public policy debate.
    (c) Duties.--The duties of the Panel are as follows:
            (1) Carrying out such activities as may be necessary for 
        the purposes set forth under subsection (b).
            (2) Conducting reviews under section 5(b).
            (3) Such other duties as may be identified by the 
        President.
    (d) Membership.--
            (1) Composition.--Subject to paragraphs (2) and (3), the 
        Panel shall be composed of 6 members, each of whom shall be 
        appointed by one of the following:
                    (A) The Secretary of State.
                    (B) The Secretary of Defense.
                    (C) The Attorney General.
                    (D) The Archivist of the United States.
                    (E) The Director of National Intelligence.
                    (F) The National Security Advisor.
            (2) Additional members under certain circumstances.--
                    (A) Matters concerning the central intelligence 
                agency.--Subject to paragraph (3), when the Panel 
                deliberates a matter concerning classified material or 
                records that originated with the Central Intelligence 
                Agency or when dealing with a support activity 
                associated with such a classified material or record, 
                the Panel shall, at the discretion of the Director of 
                the Central Intelligence Agency, consist of 7 members 
                as follows:
                            (i) The 6 members of the Panel appointed 
                        under paragraph (1).
                            (ii) One member appointed by the Director 
                        of the Central Intelligence Agency.
                    (B) Matters concerning congress.--Subject to 
                paragraph (3)(B), when the Panel deliberates a matter 
                concerning classified material or records relating to 
                congressional requests or reporting requirements, the 
                Panel shall consist of 8 members as follows:
                            (i) The 6 members of the Panel appoints 
                        under paragraph (1).
                            (ii) One member chosen by the Secretary of 
                        the Senate.
                            (iii) One member chosen by the Clerk of the 
                        House of Representatives.
            (3) Qualifications and status.--
                    (A) Federal employee status.--Each member of the 
                Panel under paragraphs (1) and (2)(A) shall be a full-
                time or permanent employee of the Federal Government 
                who is in a senior-level position, such as a member of 
                the Senior Executive Service.
                    (B) Security clearance.--An individual may not be 
                selected to be a member of the Panel unless, as of the 
                day before the date of such selection, the individual 
                had a security clearance at a level appropriate for 
                purposes of serving as a member of the Panel.
            (4) Chairperson.--
                    (A) In general.--The members of the Panel appointed 
                under paragraph (1) shall designate a chairperson from 
                among the members of the Panel.
                    (B) Reporting.--The chairperson of the Panel shall 
                report directly to the Director of the Information 
                Security Oversight Office of the National Archives and 
                Records Administration.
    (e) Administration.--
            (1) Executive secretary.--The Director of the Information 
        Security Oversight Office of the National Archives and Records 
        Administration shall serve as the executive secretary of the 
        Panel.
            (2) Program and administrative support.--The Director shall 
        provide program and administrative support for the Panel.
            (3) Bylaws.--Not later than 180 days after the date of the 
        enactment of this Act, the Panel shall publish bylaws that 
        clearly show how individuals described in section 5(b)(1)(A) 
        may submit requests under such section.
    (f) Public Observer.--
            (1) In general.--The Panel shall select a highly qualified, 
        public observer who shall--
                    (A) participate in activities and deliberations of 
                the Panel;
                    (B) aid in transparency and provide an external, 
                historical perspective to inform Panel deliberations; 
                and
                    (C) be vetted and provided an interim and permanent 
                security clearance.
            (2) Qualifications.--The Panel shall ensure that a person 
        selected to serve as a public observer under paragraph (1)--
                    (A) has significant experience in examining and 
                assessing public access to classified files or 
                decisions in an academic, historic, or advocacy role;
                    (B) has a history of independence and nonpartisan 
                advocacy for transparency and open debate relating to 
                government records; and
                    (C) at the time of selection is not serving in a 
                publicly elected office and has not served in a 
                partisan elected office at any time during the 5-year 
                period ending on the date of selection.

SEC. 5. AGENCY AND HIGHER LEVEL REVIEW OF CLASSIFICATION DECISIONS.

    (a) Agency Review of Classification Decisions.--
            (1) In general.--Each head of an agency shall establish a 
        process under which--
                    (A) an individual who is eligible to access 
                classified material or a classified record that was the 
                subject of a classification decision made by such head 
                may request a review of such classification decision;
                    (B) the head of the agency reviews such 
                classification decision pursuant to such request; and
                    (C) the head of the agency revokes, modifies, or 
                sustains such classification decision.
            (2) Elements.--Under a process established by the head of 
        an agency under paragraph (1)--
                    (A) an individual who is eligible to access 
                classified material or a classified record that was the 
                subject of a classification decision made by such head 
                shall be able to request a review of such decision by 
                submitting to the head, at any time, the request in 
                writing;
                    (B) except as provided in subparagraph (C), for 
                each request the head of the agency receives under 
                subparagraph (A) regarding a classification decision of 
                the head of the agency, the head of the agency shall--
                            (i) not later than 60 days after the date 
                        on which the head of the agency receives the 
                        request, respond to the request by providing 
                        the requestor with--
                                    (I) an acknowledgment that the head 
                                of the agency received the request; and
                                    (II) a notice estimating when the 
                                head of the agency will complete a 
                                review of the request under 
                                subparagraph (B) of paragraph (1) and 
                                act on the request under subparagraph 
                                (C) of such paragraph; and
                            (ii) not later than 120 days after the date 
                        on which the head of the agency receives the 
                        request--
                                    (I) complete a review of the 
                                request pursuant to subparagraph (B) of 
                                paragraph (1); and
                                    (II) pursuant to such review, act 
                                on the request under subparagraph (C) 
                                of such paragraph;
                    (C) the head of the agency is not required to 
                review a classification decision as described in 
                subparagraph (B) of paragraph (1) or take an action 
                under subparagraph (C) of such paragraph if the 
                classification decision was already reviewed pursuant 
                to a substantially similar request under this 
                subsection during the most recently 2-year period;
                    (D) the head of the agency may review a 
                classification decision pertaining to classified 
                material or a classified record that is subject to a 
                request under section 552 of title 5, United States 
                Code (commonly referred to as the ``Freedom of 
                Information Act'');
                    (E) requests for review under this subsection and 
                responses to such requests are not themselves treated 
                as classified material or classified records;
                    (F) any classified material or classified record 
                that is the subject of a request under this subsection 
                remains classified under this subsection until the head 
                of the agency changes such classification under 
                paragraph (1)(C) or such classification is changed by 
                the Panel under subsection (b)(3); and
                    (G) priority is given to the review of a 
                classification decision when an expedited review has 
                been requested under subsection (d)(2).
    (b) Appeals for Higher Level Review.--
            (1) Submittal.--
                    (A) In general.--An individual who is eligible to 
                access classified material or a classified record that 
                was the subject of a classification decision made by 
                the head of an agency may submit to the Panel a request 
                to review such classification decision.
                    (B) Manner.--A request submitted under subparagraph 
                (A) shall be submitted in writing.
                    (C) Content.--
                            (i) In general.--Except as provided in 
                        clause (ii), a request submitted under 
                        subparagraph (A) need not be more specific than 
                        questioning why classified material or a 
                        classified record is or is not classified at a 
                        certain level.
                            (ii) Minimum information.--A request 
                        submitted under subparagraph (A) with respect 
                        to a classification decision shall contain 
                        enough information to enable the executive 
                        secretary of the Panel to obtain pertinent 
                        documents about the request and the 
                        classification decision.
                            (iii) No classified information.--
                                    (I) In general.--Except as provided 
                                in subclause (II), a request submitted 
                                under subparagraph (A) shall not 
                                include any classified material or 
                                records.
                                    (II) Arrangements.--If it is 
                                impossible for an individual to request 
                                under subparagraph (A) a review of a 
                                classification decision without 
                                submitting classified material or a 
                                classified record along with the 
                                request, the submitter of the request 
                                may do so after first contacting the 
                                Panel and making prior arrangements for 
                                submittal of the classified material or 
                                classified record.
                    (D) Electronic submission.--The Panel shall 
                establish and publicly announce an electronic mail 
                address to which requests may be submitted under 
                subparagraph (A).
                    (E) Timeliness of requests.--A requests submitted 
                to the Panel under subparagraph (A) shall be submitted 
                not later than 60 days after--
                            (i) in a case in which the head of an 
                        agency provides a response to the submitter of 
                        the request in accordance with subsection 
                        (a)(2)(B), the date of the final agency 
                        decision arrived at pursuant to a review 
                        carried out pursuant to the request; or
                            (ii) in a case in which the head of the 
                        agency fails to respond to the request in 
                        accordance with subsection (a)(2)(B), the date 
                        that is 60 days after the date on which the 
                        request was submitted to the head of the 
                        agency.
                    (F) Rejection of requests.--If the executive 
                secretary of the Panel determines that a request 
                submitted under subparagraph (A) is not submitted in 
                accordance with the requirements of this section, the 
                executive secretary shall--
                            (i) notify the submitter of the request, in 
                        writing, that the request was not submitted in 
                        accordance with the requirements of this 
                        section; and
                            (ii) explain in detail how the request is 
                        deficient.
            (2) Review.--The Panel shall review the following:
                    (A) A classification decision of the head of an 
                agency pursuant to a request for review submitted under 
                paragraph (1)(A), in a case in which the submitter of 
                the request--
                            (i) previously submitted a request for 
                        review of the classification decision to the 
                        head of the agency in accordance with the 
                        process established by the head of the agency 
                        under subsection (a); and
                            (ii)(I) received, pursuant to such process, 
                        a final decision arrived at pursuant to a 
                        review conducted pursuant to the request; or
                            (II) did not receive a response as required 
                        by subsection (a)(2)(B).
                    (B) A classification decision of the head of an 
                agency pursuant to a request for expedited review for 
                Congress submitted under subsection (d)(3).
            (3) Resolution.--
                    (A) In general.--After reviewing a classification 
                decision of the head of an agency under paragraph (2) 
                and using past precedent to inform and to improve the 
                efficiency of decision making, the Panel may, pursuant 
                to a vote of the members of the panel--
                            (i) affirm the classification decision or a 
                        decision of the head arrived at pursuant to a 
                        review conducted pursuant to the process 
                        established by the head under subsection (a);
                            (ii) reverse a decision described in clause 
                        (i), in whole or in part; or
                            (iii) engage in dialogue with the head of 
                        the agency for further consideration of a 
                        decision described in clause (i).
                    (B) Votes.--A decision to reverse under 
                subparagraph (A)(ii) shall be made with an affirmative 
                vote of at least a majority of the members of the Panel 
                present for the vote.
                    (C) Notification.--Not later than 2 business days 
                after the Panel decides to take an action under 
                subparagraph (A) pursuant to a request for a review of 
                a classification decision of the head of an agency, the 
                executive secretary of the Panel shall notify the 
                submitter of the request and the head of the agency in 
                writing of the decision of the Panel.
                    (D) Declassification.--
                            (i) In general.--Except as provided in 
                        clause (ii), 10 days after the executive 
                        secretary of the Panel submits notice under 
                        subparagraph (C) with respect to a decision of 
                        the Panel that classified material or a 
                        classified record should be declassified in 
                        whole or in part under subparagraph (A), the 
                        Panel shall publish notice of the decision of 
                        the Panel and the declassified material or 
                        record, unless the President overrules the 
                        decision of the Panel under subsection (c).
                            (ii) Declassification pursuant to appeals 
                        from members of congress.--In a case of a 
                        decision described in clause (i) that is 
                        arrived at pursuant to a request for expedited 
                        review for a member of Congress submitted under 
                        subsection (d)(3), the Panel shall carry out 
                        clause (i) as if the reference to ``10 days'' 
                        were a reference to ``2 days''.
            (4) Administrative matters.--
                    (A) Notice to agency heads.--If the Panel receives 
                a request under paragraph (1)(A) with respect to a 
                classification decision of the head of an agency, the 
                executive secretary of the Panel shall notify the head 
                of the agency of such request.
                    (B) Preparation of files.--For each request 
                received by the Panel under paragraph (1)(A) pursuant 
                to which the Panel will review a classification 
                decision, the executive secretary of the Panel shall 
                prepare a file and present pertinent portions of such 
                file to the members of the Panel before any votes are 
                taken with respect to the review.
                    (C) Classified material and records.--
                            (i) In general.--After receiving a request 
                        under paragraph (1)(A) for review of a 
                        classification decision of the head of an 
                        agency, the executive secretary of the Panel 
                        shall arrange for the transmittal of relevant 
                        classified material and records from the 
                        agency.
                            (ii) Cooperation.--Each head of an agency 
                        that receives a request from the executive 
                        secretary of the Panel for classified material 
                        or records that pertain to the review of a 
                        classification decision of the head pursuant to 
                        a request submitted under paragraph (1)(A) or a 
                        mandatory declassification review shall, within 
                        3 business days--
                                    (I) transmit the requested 
                                classified material, records, and 
                                documents to the executive secretary of 
                                the Panel; or
                                    (II) provide the executive 
                                secretary of the Panel with access to 
                                such material, records, and documents.
                    (D) Website.--
                            (i) In general.--The Panel shall make 
                        available to the public on the website of the 
                        Panel the following:
                                    (I) A log of all requests for 
                                review submitted to the Panel under 
                                paragraph (1)(A).
                                    (II) The status of each request 
                                logged under subclause (I).
                                    (III) A log of all actions taken 
                                and decisions made by the Panel under 
                                paragraph (3)(A).
                                    (IV) A justification for each 
                                decision logged under subclause (III).
                            (ii) Requirements.--
                                    (I) In general.--The Panel shall 
                                ensure that the website of the Panel 
                                serves as a public record to streamline 
                                decision making of the Panel and assist 
                                those submitting appeals under this 
                                section as well as other functions of 
                                the Panel in effect pursuant to an 
                                Executive order that was in effect 
                                before the date of the enactment of 
                                this, including functions relating to 
                                mandatory declassification review.
                                    (II) Technical accessibility.--
                                Information described in clause (i), 
                                and such other information as the Panel 
                                considers relevant, shall be published 
                                under such clause in a tabular format 
                                that is contemporaneously updated and 
                                allows for the tracking and monitoring 
                                of individual requests. Such action-
                                tracking system shall support the 
                                processing of requests and be updated 
                                with modern technology and modern 
                                formats as the Panel considers 
                                appropriate.
            (5) Protection of classified material and records.--Any 
        classified material or record that is the subject of a 
        classification decision that is the subject of a request for 
        review under this subsection shall remain classified unless and 
        until a final decision is made to declassify it.
            (6) Maintenance of files.--The executive secretary of the 
        Panel shall maintain the files and records of the Panel 
        pertaining to requests for review under this subsection in 
        accordance with chapter 22 of title 44, United States Code 
        (known as the ``Presidential Records Act'').
    (c) Review by the President.--
            (1) Petition for review.--
                    (A) In general.--Except as provided in subparagraph 
                (B), during the 10-day period beginning on the date on 
                which the head of an agency receives a notice under 
                subparagraph (C) of subsection (b)(3) that the Panel 
                has decided to take an action under subparagraph (A) of 
                such subsection with respect to a classification 
                decision or other decision of the head of agency, the 
                head of the agency may submit to the President a 
                petition to reverse or modify the decision of the 
                Panel.
                    (B) Petition period for decisions pursuant to 
                appeals from members of congress.--In a case of a 
                decision to act as described in subparagraph (A) that 
                is arrived at pursuant to a request for expedited 
                review for a member of Congress submitted under 
                subsection (d)(3), subparagraph (A) shall apply as if 
                the reference to ``10-day period'' were a reference to 
                ``2-day period''.
            (2) Review and resolution.--
                    (A) In general.--In response to a petition under 
                paragraph (1), the President may overrule or modify any 
                decision of the Panel described in the petition.
                    (B) Publication.--In a case in which the President 
                acts to overrule or modify a decision of the Panel 
                under subparagraph (A), such act shall be published 
                under subsection (b)(4)(D) in the same manner as an 
                action or decision of the Panel.
    (d) Review for Members of Congress.--
            (1) Treatment of members of congress.--
                    (A) Authority.--A member of Congress may submit a 
                request under subsection (a) for review of a 
                classification decision of the head of an agency.
                    (B) Treatment.--For purposes of this section and 
                except as otherwise provided in this section, a member 
                of Congress shall be treated as an individual who is 
                eligible to access the classified material or a 
                classified record that was the subject of a 
                classification decision.
            (2) Expedited agency review for members of congress.--
                    (A) In general.--When a member of Congress submits 
                a request under subsection (a) for review of the 
                classification decision of the head of an agency and 
                the member of Congress is a member of a committee of 
                Congress that has jurisdiction over such agency, the 
                member of Congress may request that the review be 
                conducted on an expedited basis.
                    (B) Contents.--A request submitted under 
                subparagraph (A) for expedited review of a 
                classification decision shall include the following:
                            (i) An indication that the member of 
                        Congress is requesting an expedited review of 
                        the classification decision.
                            (ii) A justification described in 
                        subparagraph (C).
                    (C) Justification.--
                            (i) In general.--A justification described 
                        in this subparagraph regarding a request for an 
                        expedited review of a classification decision 
                        regarding classified materials or records is an 
                        explanation of the public interest in an 
                        expedited public release and access to such 
                        classified materials or records.
                            (ii) Justification requiring classified 
                        material or records.--In a case in which a 
                        justification cannot be made under subparagraph 
                        (B)(ii) by a member of Congress without the use 
                        or presentation of classified material or 
                        records, the member of Congress shall make a 
                        prior arrangement with the head of the agency 
                        for such presentation.
            (3) Expedited higher level review for members of 
        congress.--
                    (A) In general.--Under any of the circumstances 
                described in subparagraph (B), a member of Congress may 
                submit a request to the Panel for expedited review of a 
                classification decision of the head of an agency or a 
                decision of the head of an agency reached pursuant to a 
                review under subsection (a).
                    (B) Circumstances.--The circumstances described in 
                the subparagraph are the circumstances in which a 
                member of Congress--
                            (i) submits to the head of an agency a 
                        request for a review of the classification 
                        decision of the head of the agency under 
                        subsection (a);
                            (ii) the member of Congress is a member of 
                        a committee of Congress that has jurisdiction 
                        over such agency; and
                            (iii)(I) the member of Congress is not 
                        satisfied with the response of the head of the 
                        agency under such subsection;
                            (II) the member of Congress does not 
                        receive a response from the head of the agency 
                        in 5 or fewer business days regarding the 
                        request for review; or
                            (III) the head of the agency does not 
                        complete the requested review and decide on the 
                        matter set forth in the request in 10 or fewer 
                        business days.
                    (C) Contents.--A request submitted under 
                subparagraph (A) shall include the following:
                            (i) An indication that the member of 
                        Congress is requesting an expedited review of 
                        the classification decision.
                            (ii) A justification described in 
                        subparagraph (D).
                    (D) Justification.--
                            (i) In general.--A justification described 
                        in this subparagraph regarding a request for an 
                        expedited review of a decision concerning a 
                        classification decision that pertains to 
                        classified materials or records is an 
                        explanation of the public interest in an 
                        expedited public release and access to such 
                        classified materials or records.
                            (ii) Justification requiring classified 
                        material or records.--In a case in which a 
                        justification cannot be made under subparagraph 
                        (C)(ii) by a member of Congress without the use 
                        or presentation of classified material or 
                        records, the member of Congress shall make a 
                        prior arrangement with the Panel for such 
                        presentation.
                    (E) Priority consideration.--If the Panel receives 
                a request under subparagraph (A) and determines that 
                the justification included under subparagraph (C)(ii) 
                is valid, the Panel shall prioritize review of the 
                matters covered by the request over all other pending 
                reviews before the Panel.
    (e) Right to Informal Inquiry.--
            (1) In general.--An individual who is eligible to access 
        classified material or a classified record may informally 
        question the classification of such material or record.
            (2) Sense of congress.--It is the sense of Congress that an 
        individual who is eligible to access classified material or a 
        classified record and who wishes to challenge such 
        classification should do so informally before submitting a 
        request for review under subsection (a).
    (f) Protections.--
            (1) Definitions.--In this subsection:
                    (A) Contractor employee.--The term ``contractor 
                employee'' means an employee of a contractor, 
                subcontractor, grantee, subgrantee, or personal 
                services contractor, of an agency.
                    (B) Covered individual.--The term ``covered 
                individual'' means an employee of an agency or a 
                contractor employee--
                            (i) who, under this section, is eligible to 
                        request a review of a classification decision; 
                        and
                            (ii) for whom the protection under section 
                        2302(b)(9) of title 5, United States Code, does 
                        not apply.
                    (C) Personnel action.--The term ``personnel 
                action'' means, with respect to a covered individual--
                            (i) an appointment;
                            (ii) a promotion;
                            (iii) an action under chapter 75 of title 
                        5, United States Code, or other disciplinary or 
                        corrective action;
                            (iv) a detail, transfer, or reassignment;
                            (v) a reinstatement;
                            (vi) a restoration;
                            (vii) a reemployment;
                            (viii) a performance evaluation under 
                        chapter 43 of title 5, United States Code, or 
                        under title 38, United States Code;
                            (ix) a decision concerning pay, benefits, 
                        or awards, or concerning education or training 
                        if the education or training may reasonably be 
                        expected to lead to an appointment, promotion, 
                        performance evaluation, or other action 
                        described in this subparagraph;
                            (x) a decision to order psychiatric testing 
                        or examination;
                            (xi) the implementation or enforcement of 
                        any nondisclosure policy, form, or agreement; 
                        and
                            (xii) any other significant change in 
                        duties, responsibilities, or working 
                        conditions.
            (2) Prohibition.--Any employee of an agency or contractor 
        employee who has authority to take, direct others to take, 
        recommend, or approve any personnel action, shall not, with 
        respect to such authority, take or fail to take, or threaten to 
        take or fail to take, any personnel action against any covered 
        individual because the covered individual--
                    (A) exercises the right of the covered individual 
                under subsection (e) to question informally the 
                classification of a classified material or record;
                    (B) refuses to obey an order that would require the 
                covered individual to violate, with respect to a 
                classification decision, a law, rule, or regulation; or
                    (C) exercises the right of the covered individual, 
                under this section, to request a review of a 
                classification decision.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out sections 4 and 
5, $3,000,000 for fiscal year 2021.

SEC. 7. SUBMITTAL OF REPORTS IN UNCLASSIFIED FORM PURSUANT TO WAR 
              POWERS RESOLUTION.

     Section 4 of the War Powers Resolution (50 U.S.C. 1543) is amended 
by adding at the end the following new subsection:
    ``(d)(1) Each report submitted under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    ``(2) The unclassified portion of each report submitted under 
subsection (a) shall be made available to the public.''.

SEC. 8. RULES OF CONSTRUCTION.

    (a) Preservation of Authority of President.--Nothing in this Act 
shall be construed to alter the authority of the President to determine 
access to classified material and records.
    (b) Preservation.--Nothing in this Act shall be construed to alter 
a function of the Panel that was in effect pursuant to an Executive 
order that was in effect before the date of the enactment of this Act 
and that is not covered by a provision of this Act.
                                 <all>