[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3927 Introduced in House (IH)]

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 
                         Government 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Information Classification Act of 
1994''.

SEC. 2. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

    (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 information.
    ``(b) If there is reasonable doubt about the need to classify 
information, it shall not be classified.
    ``(c) Information that may be considered for classification 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 Government 
        personnel, facilities, weapons technology, or related 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 organization of governments.
            ``(4) Intelligence sources and methods, including those 
        related to covert actions and cryptologic activities.
            ``(5) The ability of the United States to apply critical 
        research or technology to the national defense 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, organization, 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 security;
            ``(6) control information after it has been released to the 
        public or a member thereof under proper 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 national security 
        of the United States which could demonstrably be expected to 
        result from the public release of such information.
            ``(2) Serious damage to the national security of the United 
        States which could demonstrably be expected to result from the 
        public release of such information.
    ``(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 authority.

                      ``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 information. The date or event may not 
exceed the periods specified 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 later than the end of the 6-
        year period beginning on the date of the original 
        classification decision.
    ``(c)(1) Not earlier than 180 days before the scheduled date of 
declassification of information, the original classification authority 
or successor may extend the period for which such information is to 
remain classified. Any such extension shall be based on the continued 
existence of the basis for the original classification, as specified in 
the original classification determination.
    ``(2) The period of extension of the classification of information 
under paragraph (1) may not exceed the original period for which such 
information was classified.
    ``(3) Additional periods of extension of classification of 
information under this subsection may be made in accordance with this 
subsection.
    ``(d) Whenever information classified under this title is requested 
for release under any other provision of law, the original 
classification authority or successor shall review the basis for the 
original classification decision and determine whether the information 
can be declassified or whether the classification level can be reduced.
    ``(e)(1) Except as provided in paragraph (3), information 
classified under Executive Order 12356, as in effect on the day before 
the date of approval of the joint resolution under section 806, may 
remain classified for the shorter of--
            ``(A) the original period specified in the original 
        classification of the information, beginning on the date of 
        such original classification, or
            ``(B) the 25-year period beginning on the date of the 
        original classification of such information.
    ``(2) Upon the expiration of the period applicable under paragraph 
(1) to information, the information shall be declassified unless the 
period of classification is extended under subsection (c).
    ``(3) In the case that, with respect to information, both periods 
specified under paragraph (1) either have expired or will expire within 
180 days after the date of approval of the joint resolution under 
section 806, the information shall be declassified on the date that is 
180 days after such date unless the period of classification is 
extended under subsection (c).

                ``information security oversight office

    ``Sec. 805. (a) There shall be the Information Security Oversight 
Office, to be headed by a director appointed by the President.
    ``(b) The Office shall be responsible for the following:
            ``(1) All functions and responsibilities exercised by the 
        Information Security Oversight Office as such functions and 
        responsibilities existed on the day before 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 decision 
                with respect to the information.
            ``(B) Referring to the original classification authority or 
        successor for reconsideration of questions concerning 
        information raised pursuant to paragraph (2).
            ``(3) The annual determination of, and publication of a 
        list of, foreign governments that have written procedures 
        generally applicable to the classification of information that 
        are available to the public.
    ``(c) This section shall take effect on the date of approval 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 proposal 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 knowledge that can 
        be communicated or documentary material, regardless of its 
        physical form or characteristics, 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 contents 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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