[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1885 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1885

    To amend the National Security Act of 1947 to provide a uniform 
framework for the classification and declassification of information in 
                  the interests of national security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 2 (legislative day, February 22), 1994

  Mr. DeConcini (for himself and Mr. Kerrey) introduced the following 
  bill; which was read twice and referred to the Select Committee on 
                              Intelligence

_______________________________________________________________________

                                 A BILL


 
    To amend the National Security Act of 1947 to provide a uniform 
framework for the classification and declassification of information in 
                  the interests of national security.

    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 ``Security Classification Act of 
1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of the National Security Act of 1947 (50 
U.S.C. 401 et seq.) is amended by adding at the end the following:

    ``TITLE VIII--CLASSIFICATION OF INFORMATION IN THE INTERESTS OF 
                           NATIONAL SECURITY

``Sec. 801. Definitions.
``Sec. 802. Classification criteria.
``Sec. 803. Identification and marking of classified information.
``Sec. 804. Authority to classify information.
``Sec. 805. Duration of classification.
``Sec. 806. Protection of classified information.
``Sec. 807. Special access programs.
``Sec. 808. Declassification, generally.
``Sec. 809. Declassification pursuant to a request by a member of the 
                            public.
``Sec. 810. Declassification of permanently valuable records of the 
                            Government for historical reasons.
``Sec. 811. Special declassification reviews for topics of historical 
                            interest.
``Sec. 812. Oversight.
``Sec. 813. Sanctions.
``Sec. 814. Implementation.
``Sec. 815. Effect on information previously classified pursuant to 
                            Executive order.''.

SEC. 3. AMENDMENT OF THE NATIONAL SECURITY ACT OF 1947.

    The National Security Act of 1947 (50 U.S.C. 401 et seq.) is 
amended by adding the following new title:

    ``TITLE VIII--CLASSIFICATION OF INFORMATION IN THE INTERESTS OF 
                           NATIONAL SECURITY

``SEC. 801. DEFINITIONS.

    ``As used in this title:
            ``(1) The term `agency' has the meaning provided in section 
        552(f) of title 5, United States Code.
            ``(2) The term `appropriate committees of the Congress' 
        means the Committee on Governmental Affairs of the Senate, the 
        Committee on Government Operations of the House of 
        Representatives, the Select Committee on Intelligence of the 
        Senate, the Permanent Select Committee on Intelligence of the 
        House of Representatives, and, for purposes of receiving 
        reports regarding specific categories of information, such 
        committees as may have jurisdiction over the subject matter of 
        such information.
            ``(3) The term `classified information' means information 
        that has been determined pursuant to this title to require 
        protection against unauthorized disclosure in the interests of 
        national security.
            ``(4) The term `declassification' means the authorized 
        change in the status of information from classified to 
        unclassified information.
            ``(5) The term `information' means any knowledge that can 
        be communicated or documentary material regardless of its 
        physical form or characteristics.
            ``(6) The term `international organization' means an 
        organization designated under section 1 of the International 
        Organizations Immunities Act (22 U.S.C. 288).
            ``(7) The term `national security' means the national 
        defense or foreign relations of the United States.
            ``(8) The term `originating agency' means, with respect to 
        information, the department, agency, or entity of the United 
        States (or any officer or employee thereof of acting in his 
        official capacity) that originates, develops, publishes, 
        issues, or otherwise prepares that information or receives that 
        information from outside the United States Government.
            ``(9) The term `security clearance' means a determination, 
        by appropriate governmental authority, based upon appropriate 
        investigation, that a person can with reasonable certainty be 
        trusted to protect classified information to which he or she 
        may be given access.
            ``(10) The term `unauthorized disclosure' means a 
        communication or physical transfer of information to an 
        unauthorized recipient.

``SEC. 802. CLASSIFICATION CRITERIA.

    ``(a) In General.--Information may be classified under this title--
            ``(1) only if such information is owned by, produced by or 
        for, or is under the control of the United States Government; 
        and
            ``(2)(A) only if it can be specifically demonstrated that 
        the public release of such information could reasonably be 
        expected to--
                    ``(i) impair the ability of the United States 
                Government and its Armed Forces to defend the United 
                States from armed aggression, to engage in armed 
                conflict, or to participate in peacekeeping or 
                multinational operations abroad;
                    ``(ii) increase the vulnerability of the United 
                States Government personnel, installations, weapons 
                technology, or related systems to armed attack, loss or 
                compromise, or measures that would weaken their 
                effectiveness or counter their capabilities;
                    ``(iii) damage relations between the United States 
                and another country or international organization, 
                impede current diplomatic negotiations, or reveal 
                information provided in confidence by another country 
                or international organization;
                    ``(iv) reveal intelligence sources and methods, 
                including those related to covert actions and 
                cryptologic activities;
                    ``(v) impair United States Government programs from 
                safeguarding nuclear weapons or facilities;
                    ``(vi) damage the ability of the United States to 
                relate or apply critical research or technology to the 
                national defense or foreign relations of the United 
                States; and
                    ``(vii) impair the ability of the United States 
                Secret Service to provide protection to designated 
                persons as required by applicable law; or
            ``(B) such information otherwise falls within a category 
        designated by the President, after consultation with the 
        appropriate committees of the Congress, the public release of 
        which would, in a manner that can be specifically demonstrated, 
        damage the national security of the United States and such 
        information is not covered by any of the clauses of 
        subparagraph (A).
Categories designated under paragraph (2)(B) shall be published in the 
Federal Register prior to their effective date.
    ``(b) Prohibition.--In no case shall information be classified 
pursuant to this section 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.

``SEC. 803. IDENTIFICATION AND MARKING OF CLASSIFIED INFORMATION.

    ``(a) Classifications.--All information classified pursuant to this 
title shall be clearly identified in an appropriate fashion as either 
`TOP SECRET' or `SECRET', in accordance with subsections (b) and (c).
    ``(b) `Top Secret' Classification.--Classification as `TOP SECRET' 
shall be limited to information which meets the criteria for 
classification established by subsection 802(a) of this title, whose 
disclosure to unauthorized persons would have the most serious adverse 
consequences for the national security, as determined in accordance 
with regulations to be issued by the President pursuant to section 814 
of this title.
    ``(c) `Secret' Classification.--Classification as `SECRET' shall 
apply to all other information which meets the criteria for 
classification established by section 802(a).
    ``(d) Additional Information.--All information classified pursuant 
to this title shall also be marked in an appropriate manner at the time 
of classification to provide the following information:
            ``(1) The agency and office of origin, if not otherwise 
        evident.
            ``(2) A date or event for declassification assigned 
        pursuant to section 805.
            ``(3) A determination whether the document or material 
        contains information which falls within one or more of the 
        categories set forth in section 810(b).
    ``(e) Marking Portions for Classification.--Each classified 
document shall, by marking or other means, indicate which portions are 
classified and which portions are unclassified and shall identify the 
classified portions with the appropriate classification.
    ``(f) Exclusivity of Classifications.--Except as provided by 
section 807 of this title, and the Atomic Energy Act of 1954, no 
classifications other than those authorized by this section shall be 
utilized to identify classified information.

``SEC. 804. AUTHORITY TO CLASSIFY INFORMATION.

    ``(a) Executive Branch.--Information may be classified only by 
originating agencies within the executive branch of Government, in 
accordance with procedures promulgated by the President pursuant to 
section 814, and only by persons authorized by such procedures to 
classify information.
    ``(b) Legislative and Judicial Branches.--Documents or materials 
created by the legislative and judicial branches of Government which 
contain classified information originated by a department or agency of 
the executive branch shall be assigned the same classification as was 
assigned to the information by the department or agency which 
originated the information concerned.

``SEC. 805. DURATION OF CLASSIFICATION.

    ``(a) Date or Event for Declassification.--At the time a 
classification is made, the originating agency of the information shall 
attempt to establish a specific date or event for declassification of 
that information based upon the expected duration of the national 
security sensitivity of the information, and, if this can be done, 
shall mark the material for declassification by that date, pursuant to 
subsection 803(d)(2). The date or event shall not exceed the time 
period prescribed in subsection (b)(1) or subsection (b)(2), as the 
case may be.
    ``(b) Duration of Classifications.--If the originating agency 
cannot determine a specific date or event for declassification:
            ``(1) Classified information designated as `TOP SECRET' 
        shall be marked for declassification no later than 15 years 
        from the date of the original decision to classify the 
        information.
            ``(2) Classified information designated as `SECRET' shall 
        be marked for declassification no later than 10 years from the 
        date of the original decision to classify the information.
    ``(c) Application of Classification to Derived Documents.--All 
documents or materials which contain classified information derived 
from other classified documents or materials shall be marked with the 
same date or event for declassification as the documents or materials 
which were the source of the classified information concerned. When 
multiple classified sources are used, the latest of the dates assigned 
for declassification shall be applied.

``SEC. 806. PROTECTION OF CLASSIFIED INFORMATION.

    ``(a) Eligibility for Access.--Except as otherwise provided by 
subsections (d), (e), and (f), access to classified information shall 
be limited to persons who have received a security clearance permitting 
such access and only to the extent needed by such persons for the 
performance of an official governmental function.
    ``(b) Control by Regulation.--In accordance with section 814, the 
President shall issue regulations which provide for a uniform system 
for the protection of information classified pursuant to this title 
applicable to all elements of the executive branch of Government. These 
controls shall ensure that classified information is used, processed, 
stored, reproduced, transmitted, and destroyed in a manner that 
prevents access by persons who do not possess a security clearance and 
an official need for access to such information. Such controls shall 
also require more stringent security measures for the protection of 
information classified as `TOP SECRET', pursuant to section 803(b), 
than is required for the protection of information classified as 
`SECRET' pursuant to section 803(c).
    ``(c) Legislative and Judicial Branches.--The legislative and 
judicial branches of Government shall adopt the same or similar 
procedures to provide a comparable degree of protection for classified 
information provided by departments and agencies of the executive 
branch of Government.
    ``(d) Access by Elected Officials and Judicial Appointees.--By 
virtue of their elected or appointed positions, the President and Vice 
President of the United States, Members of Congress, and persons 
appointed by the President to the Federal judiciary shall have access 
to such classified information as may be needed for the performance of 
their official duties without receiving a security clearance.
    ``(e) Persons Not Holding Security Clearances.--In accordance with 
the regulations issued pursuant to section 814, the President may 
permit access to classified information to persons who do not have a 
security clearance who are engaged in historical research, or who 
previously occupied policymaking positions to which they were appointed 
by the President, if appropriate measures are taken to preclude access 
by other persons who have not been specifically authorized access under 
this subsection.
    ``(f) Foreign Governments and International Organizations.--
Whenever the President determines that it would be in the interests of 
the United States to permit access to classified information to a 
foreign government or to an international organization, the President 
is authorized to do so if such government or organization agrees in 
advance to provide a comparable degree of protection to such 
information to preclude its disclosure to unauthorized persons, and the 
President determines that such government or organization is capable of 
providing such protection.

``SEC. 807. SPECIAL ACCESS PROGRAMS.

    ``(a) Authorization.--The President may authorize, in regulations 
issued pursuant to section 814, the establishment of special access 
programs by the Secretaries of State, Defense, and Energy, or the 
Director of Central Intelligence. The President may establish such 
programs in any other department or agency of the executive branch of 
Government if the President notifies the appropriate committees of the 
Congress 30 days in advance.
    ``(b) Requirements.--(1) Special access programs under this section 
shall be created only where there is a need, due to the national 
security sensitivity of the information concerned, for a formal 
mechanism to establish an official need for access to the information 
concerned and for more stringent security measures than are applicable 
to classified information generally to protect such information.
    ``(2) To the extent possible, such special access programs shall 
not involve security requirements in addition to those required for the 
protection of information classified as `TOP SECRET' other than the 
creation of a list of persons with appropriate security clearances who 
are permitted access to the classified information covered by the 
program for an official governmental purpose and such mechanisms as may 
be necessary to implement such controls.
    ``(3) Wherever an agency head determines that security measures in 
addition to those which apply to information classified as `TOP SECRET' 
are necessary to protect information within a special access program, 
such additional measures shall conform to and not exceed a single, 
uniform set of security measures approved by the President, or the 
President's designee, for this purpose.
    ``(4) Information protected within an authorized special access 
program shall be designated only as `RESTRICTED', and dissemination of 
such information shall be limited to persons who have been authorized 
access to such program by an appropriate official of the department or 
agency concerned.
    ``(5) Each department or agency head authorized to establish 
special access programs shall establish and maintain a system of 
accounting for such programs consistent with regulations promulgated by 
the President, or the President's designee, for this purpose.
    ``(6) Such special access programs shall be subject to oversight by 
the senior oversight official appointed by the President pursuant to 
section 812, who shall be afforded such access to these programs as may 
be necessary to perform his or her responsibilities.
    ``(7) Each department or agency head authorized to establish 
special access programs pursuant to this section shall ensure that each 
such program is reviewed annually to determine whether it continues to 
meet the requirements of this section.
    ``(c) Rule of Statutory Construction.--Nothing in this section 
shall affect the provisions of section 119 of title 10, United States 
Code.

``SEC. 808. DECLASSIFICATION, GENERALLY.

    ``Information which is classified pursuant to this title shall 
remain classified until one of the following has occurred:
            ``(1) If a specific date or event has been assigned for 
        declassification, the date or event assigned has occurred.
            ``(2) In response to a request from a member of the public, 
        submitted pursuant to section 552 or 552a of title 5, United 
        States Code, or otherwise, for documents or materials 
        containing such information, the head of the originating 
        agency, or the agency head's designee for this purpose, has 
        determined that such information no longer meets the criteria 
        for classification established by this title in accordance with 
        section 809.
            ``(3) The information is contained in documents or 
        materials reviewed in accordance with section 810 or 811, and 
        the head of the originating agency, or the agency head's 
        designee for this purpose, has determined that such information 
        does not meet the criteria for continued classification 
        established pursuant to that section.
            ``(4) Such information has been declassified by an 
        appropriate authority within the executive branch in accordance 
        with this title.
            ``(5) Such information has been determined to have been 
        improperly classified by a court of competent jurisdiction, and 
        a final order has been issued requiring the release of such 
        information.

``SEC. 809. DECLASSIFICATION PURSUANT TO A REQUEST BY A MEMBER OF THE 
              PUBLIC.

    ``(a) Declassification Review.--Except as provided by subsection 
(c), any document or material containing classified information which 
is requested by a United States citizen or permanent resident alien, a 
Federal agency, or a State or local government, shall be subjected to a 
review for declassification by the originating agency at any time after 
the information has been created in accordance with this section.
    ``(b) Referral to Originating Agency.--All requests for 
declassification review which are received by a department or agency 
which did not originate the information concerned, or by an element of 
the legislative or judicial branches, shall be referred to the 
department or agency of the executive branch which originated such 
information, and the requester shall be apprised of such referral.
    ``(c) Grounds for Denial of Declassification Review.--Any 
originating agency which receives a request to review classified 
information for declassification pursuant to this section may decline 
to conduct such review if--
            ``(1) the requester is unable to identify the document or 
        material concerned with sufficient specificity to enable the 
        originating agency to locate it with a reasonable amount of 
        effort; or
            ``(2) a review of the same document or material has taken 
        place within the last year, in which case the requester shall 
        be apprised of the results of the previous review.
    ``(d) Eligibility for Declassification.--(1) For purposes of the 
declassification reviews required by this section--
            ``(A) information shall be declassified if it no longer 
        meets the criteria established by this title; and
            ``(B) classified information shall be presumed to no longer 
        meet the criteria for classification established by this title 
        if, at the time of review, the date or event assigned for 
        declassification has passed, unless the agency head or senior 
        agency official determines in writing, citing specific reasons, 
        that the information concerned clearly continues to meet the 
        criteria for classification established by this title.
    ``(2) In the case of information described in paragraph (1)(B), a 
new date shall be assigned for declassification of the information 
concerned which shall not exceed 5 years from the date of such 
determination and the requester shall be apprised of this 
determination.
    ``(3) Notwithstanding a determination that the information 
requested continues to meet the criteria for classification pursuant to 
paragraph (1), an agency head or the senior agency official shall 
declassify such information if the public interest in disclosure of the 
information outweighs the national security interest in its continued 
classification.

``SEC. 810. DECLASSIFICATION OF PERMANENTLY VALUABLE RECORDS OF THE 
              GOVERNMENT FOR HISTORICAL REASONS.

    ``(a) In General.--In addition to the reviews required by section 
809, departments and agencies which originate classified information 
shall establish programs to require review for declassification of all 
classified documents and materials which are at least 25 years old, 
which are determined to constitute permanently valuable records of the 
Government, prior to their being transferred to the National Archives 
of the United States in accordance with applicable law.
    ``(b) Exception.--Documents or materials subject to the review 
required by subsection (a) shall be declassified unless they contain 
information the release of which could reasonably be expected to--
            ``(1) identify a confidential human intelligence source;
            ``(2) reveal information not publicly available that would 
        clearly assist in the development or use of weapons of mass 
        destruction;
            ``(3) reveal information not publicly available that would 
        clearly impair United States cryptologic systems or activities; 
        or
            ``(4) violate a statute, treaty, or international 
        agreement.
    ``(c) Expedited Review.--For purposes of making the determination 
required by subsection (b), if the document or material has been 
classified pursuant to this title and has been marked pursuant to 
subsection 803(d)(3) as not containing information falling within one 
or more of the categories established by subsection (b), the document 
or material shall be declassified without further review by the 
originating agency, except that where an originating agency determines 
that the document or material concerned should have been marked as 
containing such information, the originating agency may treat such 
document or material in accordance with subsection (d).
    ``(d) Treatment of Exempted Documents.--Wherever documents and 
materials subject to review in accordance with subsection (a) are found 
to contain information which falls into one of the categories set forth 
in subsection (b), the originating agency shall--
            ``(1) assign a specific date or event upon which the 
        document or material shall be reevaluated for declassification, 
        except that such date or event shall be no later than 5 years 
        after the date of the initial review;
            ``(2) set aside in one physical location a copy of the 
        documents and materials determined to contain such information;
            ``(3) establish a system which facilitates the continuous 
        review of such documents or materials at the date or event 
        assigned (which shall not exceed 5-year intervals) until the 
        document or material is declassified; and
            ``(4) report annually to the senior oversight official 
        appointed by the President pursuant to section 812 regarding 
        the volume and status of such documents and materials.

``SEC. 811. SPECIAL DECLASSIFICATION REVIEWS FOR TOPICS OF HISTORICAL 
              INTEREST.

    ``In addition to the declassification reviews required by sections 
809 and 810, the President shall establish procedures pursuant to 
section 814 to provide for special declassification reviews to be 
undertaken by affected departments and agencies of the executive branch 
leading to the declassification of information regarding topics of 
significant and current historical interest. Such procedures shall, at 
a minimum--
            ``(1) provide for the appointment of a National Security 
        Historical Advisory Panel, consisting of representatives from 
        the public and private sector, that shall, after appropriate 
        consultations with affected departments and agencies, 
        historians, archivists, and others with interests in the 
        classified records concerned, be authorized to direct, 
        consistent with available resources, special governmentwide 
        declassification reviews of classified documents and materials 
        relating to topics of significant and current historical 
        interest;
            ``(2) provide that special reviews ordinarily will be 
        limited to topics or events which occurred more than 25 years 
        in the past unless the Panel determines an overriding public 
        interest in undertaking such a review of a more recent event or 
        topic;
            ``(3) give precedence, where necessary, in terms of the use 
        of available resources, to the accomplishment of special 
        reviews, over the accomplishment of declassification reviews 
        required by section 810; and
            ``(4) direct departments and agencies to provide such 
        support to special reviews as may be necessary to meet the 
        objectives established by the Panel.

``SEC. 812. OVERSIGHT.

    ``(a) Appointment.--(1) A senior oversight official shall be 
appointed by the President, by and with the advice and consent of the 
Senate, who shall be responsible for monitoring the overall 
implementation of this title within the executive branch and shall 
report annually to the President and to the appropriate committees of 
the Congress with respect to the operation of this title, together with 
any recommendation for statutory or regulatory change. Such official 
shall also be authorized to consider and take appropriate action with 
respect to complaints and suggestions from persons within or outside 
the Government with respect to the administration of this title, 
including the declassification of information which has been improperly 
classified.
    ``(2) Nothing in this section establishes a legal right or 
entitlement for any person within or outside the Government, nor 
subjects the official appointed pursuant to this section to suit in any 
court of law to require performance under this title.
    ``(b) Access to Classified Information.--The senior oversight 
official appointed pursuant to subsection (a) shall have access to such 
classified information as may be required for the performance of his or 
her duties.
    ``(c) Designated Agency Officials.--The head of each originating 
agency shall designate a senior agency official who shall have overall 
responsibility within the agency for the implementation of this title. 
Each such official shall keep the senior oversight official appointed 
pursuant to subsection (a) fully and currently informed with respect to 
the implementation of this title within his or her respective 
department or agency, including the reporting of any violations of this 
title which may have been identified and the remedial actions taken as 
a result.
    ``(d) Challenges to Classifications.--Any authorized holder of 
classified information who, in good faith, believes that such 
information should not be classified or should be classified at a 
different level, may challenge the classification status in accordance 
with regulations to be promulgated by the President pursuant to section 
814. Such regulations shall, at a minimum, assure that--
            ``(1) individuals are not subject to retribution for 
        bringing such challenge;
            ``(2) an opportunity is provided for review of such 
        challenge by an impartial official; and
            ``(3) the right to appeal the decision of such official to 
        a higher level is guaranteed.

``SEC. 813. SANCTIONS.

    ``(a) Unlawful Classification Activity.--Persons with authorized 
access to classified information who are determined to have--
            ``(1) knowingly and willfully classified information in 
        violation of section 802 of this title;
            ``(2) knowingly and willfully continued a classification in 
        violation of sections 808 and 809 of this title; or
            ``(3) demonstrated reckless disregard in applying the 
        classification criteria of section 802 of this title,
shall be removed from access to classified information and shall be 
subjected to disciplinary actions that may include official reprimand, 
suspension without pay, or removal from employment, as may be 
appropriate.
    ``(b) Unlawful Disclosure.--Persons with authorized access to 
information classified pursuant to this title who knowingly and 
willfully disclose such information to an unauthorized person shall, in 
addition to incurring potential criminal liability under chapter 37 of 
title 18, United States Code, or section 4 of the Subversive Activities 
Control Act of 1950 (50 U.S.C. 783), be removed from access to 
classified information and shall be subjected to disciplinary actions 
that may include official reprimand, suspension without pay, or removal 
from employment, as may be appropriate.

``SEC. 814. IMPLEMENTATION.

    ``(a) Regulations Required.--Not later than 180 days after the date 
of enactment of this Act, the President shall issue regulations to 
implement this title with respect to agencies of the executive branch. 
Such regulations shall take effect 1 year after the date of enactment 
of this Act.
    ``(b) Procedures.--Pursuant to subsection (a), the President shall, 
at a minimum--
            ``(1) require the heads of departments and agencies to 
        appoint a senior agency official to direct and administer this 
        title;
            ``(2) require the heads of departments and agencies to 
        identify by category information originated by their respective 
        agencies which meets the criteria for classification 
        established by this title, and to issue appropriate 
        regulations, consistent with this title, to require the 
        classification of such information by their employees; and
            ``(3) require that the systems established by law or 
        regulation for evaluating the performance of civilian or 
        military personnel or contractors include the management and 
        handling of classified information as a critical element or 
        item to be evaluated in the rating of all persons whose duties 
        involve the creation or handling of such information.
    ``(c) Procedures Within the Legislative and Judicial Branches.--
After the issuance of the regulations required by subsection (a), the 
Majority and Minority Leaders of the Senate, the Speaker and Minority 
Leader of the House of Representatives, and the Director of the 
Administrative Office of the United States Courts, shall ensure that 
procedures exist within their respective bodies to provide comparable 
protection to information classified pursuant to this title which may 
be provided by the executive branch for the conduct of their respective 
functions.

``SEC. 815. EFFECT ON INFORMATION PREVIOUSLY CLASSIFIED PURSUANT TO 
              EXECUTIVE ORDER.

    ``(a) Redesignation Not Required.--Information classified pursuant 
to Executive order before the effective date of this Act shall retain 
the classification assigned without redesignation pursuant to section 
803 of this title.
    ``(b) Declassification of Previously Classified Information.--(1) 
Information previously classified as `CONFIDENTIAL', pursuant to 
Executive order, which is subject to a request pursuant to section 809 
of this title, shall, if more than 5 years old, be declassified and 
furnished to the requester. If less than 5 years old, such information 
shall be treated as `SECRET' information for purposes of this title 
until it reaches 5 years of age and the requester shall be advised of 
the date of declassification.
    ``(2) Declassification of information previously classified as 
`SECRET' or `TOP SECRET', pursuant to Executive order, in response to a 
request or review made after the effective date of this title, shall be 
governed by the provisions of this title, regardless of the duration of 
classification or conditions for declassification previously provided 
by Executive order.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by sections 2 and 3 of this Act shall take 
effect 1 year after the date of enactment of this Act.

                                 <all>

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