Classification Reform for Transparency Act of 2024

Bill: 118-s-4648
Sponsor: full_name: Sen. Peters, Gary C. [D-MI]
Introduced: 2024-07-09
Policy area: Armed Forces and National Security
Latest action: action_date: 2024-07-09
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4648 IN THE SENATE OF THE UNITED STATES July 9, 2024 Mr. Peters (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the President to establish a task force on streamlining the classified national security information system and narrowing of the criteria for classification of information, to make improvements with respect to such classification system, and for other purposes.

1. Short title This Act may be cited as the Classification Reform for Transparency Act of 2024 . 2. Definitions In this Act: (1) Classification The term classification means the act or process by which information is determined to be classified information. (2) Classification system The term classification system means the system of the Federal Government for classification and declassification. (3) Classified information The term classified information has the meaning given the term classified information of the United States in section 1924(c) of title 18, United States Code. (4) Declassification The term declassification means the authorized change in the status of information from classified information to unclassified information. (5) Executive agency The term Executive agency has the meaning given such term in section 105 of title 5, United States Code. (6) 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 produced by or for, or is under the control of the Federal Government. (7) National Declassification Center The term National Declassification Center means the National Declassification Center established by section 3.7 of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor center. (8) Panel The term Panel means the Interagency Security Classification Appeals Panel established by section 5.3 of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor panel. 3. Classification prohibitions and limitations (a) In general Notwithstanding any other provision of law, in no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order— (1) to conceal a violation of law, inefficiency, mismanagement, or administrative error; (2) to prevent embarrassment to a person, organization, or element of the Federal Government; (3) to restrain competition; or (4) to prevent or delay the release of information that does not require protection in the interest of the national security. (b) Basic scientific research Basic scientific research information not clearly related to the national security of the United States shall not be classified. (c) Reclassification (1) In general Except as provided in paragraph (2), information may not be reclassified after declassification and release to the public under proper authority. (2) Waiver The National Security Advisor may authorize the reclassification of information after declassification and release as described in paragraph (1) in a case in which the National Security Advisor determines that doing so is in the interest of national security. 4. Task force on streamlining classification system and narrowing of classification criteria (a) Establishment required Not later than 90 days after the date of the enactment of this Act, the President shall establish a task force to streamline the classification system and to narrow the criteria for classification. (b) Membership The task force established pursuant to subsection (a) shall be composed of members selected as follows: (1) At least 1 member selected by the Director of National Intelligence. (2) At least 1 member selected by the Archivist of the United States. (3) At least 1 member selected by the Secretary of Defense. (4) At least 1 member selected by the Secretary of State. (5) At least 1 member selected by the Attorney General. (6) Such additional members as the President considers appropriate. (c) Duties The duties of the task force established pursuant to subsection (a) are as follows: (1) To create a plan for phasing out the use in the classification system of the classification level designated as Confidential . (2) To develop specific guidance on the precise meaning of damage to the national security as it pertains to Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order. (3) To develop specific guidance on the precise meaning of intelligence sources or methods as it pertains to such Executive order. (4) To develop additional guidance related to narrowing the criteria for classification and the exemptions from automatic declassification. (d) Deadline and report Not later than 1 year after the date on which the President establishes the task force required by subsection (a), the task force shall— (1) complete the duties set forth under subsection (c); and (2) submit to Congress and make publicly available a report with the plan created under paragraph (1) of subsection (c) and the guidance developed under paragraphs (2) and (3) of such subsection. 5. Automatic expiration of classification status (a) Automatic expiration (1) In general Subject to subsection (b), the classification marking on any information that is more than 50 years old shall be considered expired, and the information shall be considered unclassified. (2) Effective date Paragraph (1) shall take effect on the date that is 3 years after the date of the enactment of this Act. (b) Authority To exempt The President may, as the President considers appropriate, exempt specific information from the requirement of subsection (a)(1) pursuant to a request received by the President pursuant to subsection (c). (c) Requests for exemptions In extraordinary cases, the head of an Executive agency may request from the President an exemption to the requirement of subsection (a)(1) for specific information that reveals— (1) the identity of a human source or human intelligence source in a case in which the source or a relative of the source is alive and disclosure would present a clear danger to the safety of the source or relative; (2) a key design concept of a weapon of mass destruction; or (3) information that would result in critical harm to ongoing or future operations. (d) Notification (1) Definition of appropriate committees of Congress In this subsection, the term appropriate committee of Congress means— (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (B) the Committee on Oversight and Accountability and the Permanent Select Committee on Intelligence of the House of Representatives. (2) In general If an exemption is requested pursuant to subsection (c), the President shall, not later than 30 days after the date on which the President approves or rejects the requested exemption, submit to Congress, including the appropriate committees of Congress, notice of such approval or rejection. (3) Contents Each notice submitted pursuant to paragraph (2) for an approval or rejection shall include a justification for the approval or rejection. (4) Form To the degree practicable, each notice submitted pursuant to paragraph (2) shall be submitted in unclassified form. 6. Reforms of the classification system (a) Declassification authority of National Declassification Center Beginning 1 year after the date that the National Declassification Center refers any information that is among the holdings of the National Archives and eligible for automatic declassification pursuant to Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, to any relevant Executive agency for review and if such Executive agency has not completed the review, the National Declassification Center may declassify the information without requiring review by or approval for declassification or release from any Executive agency. (b) Incorporation of Interagency Security Classification Appeals Panel in classification and declassification guidance (1) Decisions of panel as binding precedent Decisions of the Panel shall create a binding precedent on each Executive agency with respect to the classification status of information subject to the decision, unless the decision is overturned by the President. (2) Timing of binding precedent Decisions of the Panel shall become binding on each Executive agency after an appeal— (A) is not exercised by an agency; or (B) is rejected by the President. (3) Incorporation of decisions into guidance The National Declassification Center and each head of an Executive agency shall incorporate decisions of the Panel into classification and declassification guidance as may be applicable. (4) Congressional oversight (A) Definition of appropriate committees of Congress In this paragraph, the term appropriate committee of Congress means— (i) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (ii) the Committee on Oversight and Accountability and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Annual report Each year, the Panel shall submit to the appropriate committees of Congress an annual report summarizing the decisions of the Panel for the year covered by the report and the precedents that were created. (c) Declassification upon request of Congress (1) In general Not later than 90 days after the date on which the head of an Executive agency receives a request from a chair, vice-chair, or ranking member of an appropriate committee of Congress for declassification of specific information in the possession of the Executive agency, the head of the Executive agency shall— (A) review the information for declassification; and (B) provide the member of Congress— (i) the declassified information or document; or (ii) notice that, pursuant to review under subparagraph (A), the information is not being declassified, along with a justification for not declassifying the information. (2) Complex or lengthy requests In a case in which the head of an Executive agency receives a request as described in paragraph (1) and the head determines that such request is particularly complex or lengthy, such paragraph shall be applied by substituting 180 days for 90 days . (d) Mandatory declassification review for matters in the public interest The President shall require that the mandatory declassification review process established pursuant to Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, include— (1) a process by which members of the public may request declassification of information in cases in which— (A) the information meets the standards for classification; and (B) the public interest in disclosure would outweigh the national security harm that could reasonably be expected to result from disclosure of the information; and (2) an expedited process for consideration of declassification of information in cases in which there is urgency to inform the public concerning actual or alleged Federal Government activity. (e) Remediation To address excessive classification and insufficient declassification actions of employees and contractors (1) In general Not later than 1 year after the date of the enactment of this Act, each head of an Executive agency shall develop and implement, in consultation with the Director of the Office of Personnel Management, the Director of National Intelligence, and the Director of the Information Security Oversight Office, a system that includes the following elements: (A) Periodic audits, or other evidence-based approaches, to identify and correct agency-wide trends in employees of Executive agencies who knowingly, willfully, negligently, or frequently classify information— (i) that does not meet the standard for classification set forth in the applicable Executive order or statute; or (ii) at a higher level than warranted under the applicable Executive order or statute. (B) Remedial measures or administrative penalties, as may be appropriate, including reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and agency regulation. (C) At a minimum, the prompt removal of the classification authority of any individual who demonstrates reckless disregard or a pattern of error in applying the classification standards of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order. (D) Periodic reevaluation for employees who are identified pursuant to subparagraph (A). (E) Development of criteria to incorporate responsible use of the classification system in the performance standards and reviews of employees whose duties significantly involve the creation or handling of classified information. (F) A safe harbor for employees who fail to apply classification markings to, or otherwise protect, classified information in cases in which— (i) the employee identifies significant ambiguity as to the classification status of the information; or (ii) the failure is an isolated or rare instance and is neither willful, knowing, or negligent. (G) Employees who meet the criteria to utilize a safe harbor as specified in subparagraph (F) shall not be subject to any remedial measures or administrative penalties, including suspension or termination of clearance or classification authority, as a result of their failure to apply classification markings to, or otherwise protect, classified information. (H) Cash awards or other incentives to promote meritorious challenges to unnecessary classification, pursuant to section 1.8 of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or comparable provision of a successor order, or significant contributions to the declassification of information that is eligible for declassification. (I) The incorporation of the standards, requirements, and other elements of the system into existing and future contracts that involve the handling of classified information. (2) Preservation of existing employee protections Paragraph (1) shall not be construed to require the elimination of any employee protections in effect on the day before the date of the enactment of this Act. (3) Report (A) In general Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Personnel Management, the Director of National Intelligence, and the Director of the Information Security Oversight Office shall jointly submit to Congress a report on the status of Executive agency implementation of systems pursuant to paragraph (1). (B) Contents The report required by subparagraph (A) shall include the following: (i) Identification of any relevant leading practices by Executive agencies. (ii) Identification of Executive agencies that have failed to develop a system in accordance with paragraph (1). (f) Identification of harm to national security At the time of original classification, in addition to the identifications and markings required by section 1.6 of Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, the original classification authority shall identify in writing the specific harm to national security that could reasonably be expected to result from disclosure. (g) Congressional authority To release information Nothing in this Act shall be deemed in conflict with, or to otherwise impede the authority of, Congress under clause 3 of section 5 of article I of the Constitution of the United States to release information in its possession, and such information so released shall be deemed declassified or otherwise released in full. 7. Funding for classification and declassification (a) In general The President shall ensure that for each fiscal year, the budget of the President submitted pursuant to section 1105(a) of title 31, United States Code, includes estimated expenditures and proposed appropriations that the President decides are necessary to support the classification, declassification, and safeguarding activities of the Federal Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (b) Detailed analysis Estimates included pursuant to subsection (a) shall be accompanied by a detailed analysis, disaggregated by budget function, Executive agency, program, project, activity, and fiscal year, of the estimated amounts that will be expended on classification, declassification, and safeguarding activities by the Federal Government over the same period. (c) Minimum amount Estimates and proposed appropriations included pursuant to subsection (a) for a fiscal year shall estimate and propose an amount of funding available for declassification activities that is equal to or greater than 10 percent of the amount estimated and proposed for classification and safeguarding activities for the same fiscal year.