II 118th CONGRESS 1st Session S. 3495 IN THE SENATE OF THE UNITED STATES December 13, 2023 Mr. Cornyn (for himself, Mr. Warner , Ms. Collins , Mr. Lankford , Mr. Moran , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve the classification and declassification of national security information, and for other purposes.

1. Short title This Act may be cited as the Amended Sensible Classification Act of 2023 . 2. Promoting efficient declassification review (a) In general Whenever 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 review 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 December 31 of the year in which the request is received, the head of the agency shall, in accordance with existing processes to protect national security under the Freedom of Information Act and the mandatory review provisions of Executive Order 13526, review the record and process the record for declassification and release by the National Declassification Center of the National Archives and Records Administration, unless the head of agency— (1) makes a certification to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, that the declassification of certain components within the record would be harmful to the protection of sources and methods or national security, pursuant to existing processes; and (2) provides an explanation to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, for such certification. (b) Application Subsection (a) shall apply regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration. 3. Training to promote sensible classification (a) Definitions In this section: (1) Over-classification The term over-classification means classification at a level that exceeds the minimum level of classification that is sufficient 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. (b) Training required Each head of an agency with classification authority shall conduct training for employees of the agency with classification authority to hold employees accountable for over-classification and to promote sensible classification. 4. Improvements to Public Interest Declassification 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: (5) A member of the Board whose term has expired may continue to serve until the earlier of— (A) the date that a successor is appointed and sworn in; and (B) the date that is 1 year after the date of the expiration of the term. (6) Not later than 30 days after the date on which the term of a member of the Board ends, the appointing authority of the member shall submit to Congress a plan to appoint a successor. ; and (2) in subsection (f)— (A) by inserting (1) before Any employee ; 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, subject to the availability of funds, hire not more than 12 staff members. . 5. Implementation of technology for classification 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 (in this section referred to as the Administrator ) shall, in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, the Director of National Intelligence, the Public Interest Declassification Board, the Director of the Information Security Oversight Office, and the head of the National Declassification Center of the National Archives and Records Administration— (1) research a technology-based solutions— (A) to support efficient and effective systems for classification and declassification; and (B) to be implemented on an interoperable and federated basis across the Federal Government; and (2) submit to the President and Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, recommendations regarding a technology-based solutions described in paragraph (1). (b) Report Not later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report describing actions taken to implement the recommendations under subsection (a)(2). 6. Studies and recommendations on necessity of security clearances (a) Agency studies on necessity of security clearances (1) Studies required The head of each agency that grants security clearances to personnel of such agency shall conduct a study on the necessity of such 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, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, a report on the findings of the agency head with respect to such study, which the agency head may classify as appropriate. (B) Required elements Each report submitted by the head of an agency under subparagraph (A) shall include, for such agency, the following: (i) The number of personnel eligible for access to information up to the Top Secret level. (ii) The number of personnel eligible for access to information up to the Secret level. (iii) Information on any reduction in the number of personnel eligible for access to classified information based on the study conducted under paragraph (1). (iv) A description of how the agency head will ensure that the number of security clearances 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 Secretary's capacity as the Executive Agent for the National Industrial Security Program, and the Secretary shall treat contractors, licensees, and grantees as personnel of the Department of Defense for purposes of the studies and reports required by this subsection. (b) Director of National Intelligence review of sensitive compartmented information Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall— (1) review the number of personnel eligible for access to sensitive compartmented information; and (2) submit to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, a report on how the Director will ensure that the number of such personnel is limited to the minimum required. (c) Agency review of special access programs Not later than 1 year after the date of the enactment of this Act, each head of an agency who is authorized to establish a special access program by Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, shall— (1) review the number of personnel of the agency eligible for access to such special access programs; and (2) submit to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, a report on how the agency head will ensure that the number of such personnel is limited to the minimum required. (d) Secretary of Energy review of Q and L clearances Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall— (1) review the number of personnel of the Department of Energy granted Q and L access; and (2) submit to Congress, including the congressional intelligence committees, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, a report on how the Secretary will ensure that the number of such personnel is limited to the minimum required (e) Independent reviews Not later than 180 days after the date on which a study is completed under subsection (a) or a review is completed under subsections (b) through (d), the Director of the Office of Management and Budget shall each review the study or review, as the case may be. 7. Definition of congressional intelligence committees In this Act, the term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).