[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 167 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 167

 To create a bipartisan commission to recommend ways to strengthen the 
 protection of classified information and eliminate the classification 
                     of non-sensitive information.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

 Mr. Moynihan introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To create a bipartisan commission to recommend ways to strengthen the 
 protection of classified information and eliminate the classification 
                     of non-sensitive information.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                          TITLE I--SHORT TITLE

    Sec. 101. This Act may be cited as the ``Protection and Reduction 
of Government Secrecy Act''.

   TITLE II--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY

                                purpose

    Sec. 201. It is the purpose of this title to establish a study 
commission which will examine the implications of the systematic 
overclassification of information and to make recommendations to reduce 
the volume of information classified and to strengthen the protection 
of legitimately classified information.

                                findings

    Sec. 202. (a) Following World War II the United States and the 
Soviet Union engaged in a global conflict known as the Cold War;
    (b) During the Cold War a secrecy system developed to enormous 
proportions, thereby limiting the public's access to vital information 
and reducing the ability of the public to participate with full 
knowledge in the process of governmental decision-making;
    (c) In 1990 6,797,720 documents were classified and approximately 
three million persons held some form of security clearance;
    (d) The burden of managing nearly 7 million newly classified 
documents every year has led to reduced communication within the 
government and within the scientific community, reduced communication 
between the government and the people of the United States, tremendous 
administrative expense and the selective and unauthorized public 
disclosure of classified information;
    (e) The requirement that approximately three million persons obtain 
security clearances represents a substantial loss of individual privacy 
which is inconsistent with American traditions;
    (f) If a smaller amount of truly sensitive information was 
classified expense, lost privacy and inhibitions on public discussion 
would be reduced and the remaining classified information could be held 
more securely;
    (g) In 1970 a Task Force organized by the Defense Science Board and 
headed by Dr. Frederick Seitz concluded that ``more might be gained 
than lost if our Nation were to adopt--unilaterally, if necessary--a 
policy of complete openness in all areas of information;'' and,
    (h) A bipartisan study commission specially constituted for the 
purpose of examining the consequences of the secrecy system will be 
able to offer comprehensive proposals for reform.

                       function of the commission

    Sec. 203. (a) The function of the Commission shall be--
            (1) to conduct an investigation into all matters in any way 
        related to any legislation, executive order, regulation, 
        practice or procedure relating to the access to or the 
        classification of information or involving security clearances, 
        including without limitation access to classified information 
        under the Freedom of Information Act;
            (2) to make such recommendations concerning the 
        classification of national security information as the 
        Commission shall see fit, including proposing new legislation.

                     composition of the commission

    Sec. 204. (a) To carry out the purposes of this title, there is 
established a Commission on the Protection and Reduction of Government 
Secrecy (hereafter referred to in this title as the ``Commission'').
    (b) The Commission shall be composed of the following twelve 
members:
            (1) four members appointed by the President, two from the 
        executive branch of the Government and two from private life;
            (2) four members appointed by the President of the Senate, 
        two from the Senate (one from each of the two major political 
        parties) and two from private life; and
            (3) four members appointed by the Speaker of the House of 
        Representatives, two from the House of Representatives (one 
        from each of the two major political parties) and two from 
        private life.
    (c) The Commission shall elect a Chairman and a Vice Chairman from 
among its members.
    (d) Seven members of the Commission shall constitute a quorum. Any 
vacancy in the Commission shall not affect its powers, but shall be 
filled in the same manner in which the original appointment was made.
    (e) Compensation and Travel Expenses.--
            (1) Compensation in general.--Except as provided in 
        paragraph (2), each member of the Commission may be compensated 
        at not to exceed the daily equivalent of the annual rate of 
        basic pay in effect for grade GS-18 of the General Schedule 
        under section 5332 of title 5, United States Code, for each day 
        during which that member is engaged in the actual performance 
        of the duties of the Commission.
            (2) Government personnel.--Members of the Commission who 
        are full-time officers or employees of the United States or 
        Members of Congress shall receive no additional pay on account 
        of their service on the Commission.
            (3) Travel expenses.--While away from their homes or 
        regular places of business in the performance of services for 
        the Commission, members of the Commission shall be allowed 
        travel expenses, including per diem in lieu of subsistence, in 
        the same manner as persons employed intermittently in the 
        Government service are allowed expenses under section 5703(b) 
        of title 5, United States Code.

                        powers of the commission

    Sec. 205. (a) The Commission, or on the authorization of the 
Commission, any subcommittee or member hereof, may, for the purpose of 
carrying out the provisions of this title, hold such hearings and sit 
and act at such times and places, administer such oaths, and require, 
by subpoena or otherwise, the attendance and testimony of such 
witnesses and the production of such books, records, correspondence, 
memorandums, papers, and documents as the Commission or such 
subcommittee or member may deem advisable. Subpoenas may be issued 
under the signature of the Chairman of the Commission, of any such 
subcommittee, or any designated member, and may be served by any person 
designated by such Chairman or member. The provisions of sections 102 
through 104 of the Revised Statutes of the United States (2 U.S.C. 192-
194) shall apply in the case of any failure of any witness to comply 
with any subpena or to testify when summoned under authority of this 
section.
    (b) The Commission is authorized to secure directly from any 
executive department, bureau, agency, board, commission, office, 
independent establishment, or instrumentality information, suggestions, 
estimates, and statistics for the purpose of this title. Each such 
department, bureau, agency, board, commission, office, establishment, 
or instrumentality is authorized and directed, to the extent authorized 
by law, to furnish such information, suggestions, estimates, and 
statistics directly to the Commission, upon request made by the 
Chairman or Vice Chairman.

                        staff of the commission

    Sec. 206. (a) The Commission shall have power to appoint and fix 
the compensation of such personnel as it deems advisable, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such title 
relating to classification and General Schedule pay rates.
    (b) The Commission is authorized to procure the services of experts 
and consultants in accordance with section 3109 of title 5, United 
States Code, but at rates not to exceed the daily rate paid a person 
occupying a position at GS-18.

                       expenses of the commission

    Sec. 207. There are authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this title.

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