[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2672 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2672

 To establish an Independent National Security Classification Board in 
             the executive branch, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2004

Mr. Wyden (for himself, Mr. Lott, Mr. Graham of Florida, and Ms. Snowe) 
introduced the following bill; which was read twice and referred to the 
                    Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
 To establish an Independent National Security Classification Board in 
             the executive branch, 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 ``Independent National Security 
Classification Board Act of 2004''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish in the executive branch an 
Independent National Security Classification Board--
            (1) to review the standards and procedures used in the 
        classification system for national security information;
            (2) to propose and submit to Congress and the President for 
        comment new standards and procedures to be used in the 
        classification system for such information;
            (3) to establish the new standards and procedures after 
        Congress and the President have had the opportunity to comment; 
        and
            (4) to review, and make recommendations with respect to, 
        classifications of current and new information made under the 
        applicable classification system.

SEC. 3. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD.

    (a) Establishment.--The Independent National Security 
Classification Board (in this Act referred to as the ``Board'') is 
established as an independent agency in the executive branch.
    (b) Composition.--The Board shall be composed of one member 
appointed by the President, one member jointly recommended by the 
Majority Leader and the Minority Leader of the Senate and appointed by 
the President, and one member jointly recommended by the Speaker of the 
House of Representatives and the Minority Leader of the House of 
Representatives and appointed by the President, each by and with the 
advice and consent of the Senate. Each member shall be knowledgeable on 
classification matters.
    (c) Term of Members.--Each member of the Board shall be appointed 
for a term of 5 years. A member may be reappointed for one additional 
5-year term. A member whose term has expired shall continue to serve on 
the Board until a replacement has been appointed.
    (d) Vacancies.--Any vacancy in the Board shall not affect its 
powers, but shall be filled in the same manner as the original 
appointment.
    (e) Separate Office.--The Board shall have its own office for 
carrying out its activities, and shall not share office space with any 
element of the intelligence community or with any other department or 
agency of the Federal Government.
    (f) Chairman.--The Board shall select a Chairman from among its 
members.
    (g) Meetings.--The Board shall meet at the call of the Chairman.
    (h) Quorum.--A majority of the members of the Board shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (i) Availability of Information.--The decision-making process of 
the Board may be classified, but the final decisions of the Board and 
the reports submitted under this Act shall be made available to the 
public.
    (j) Initial Appointments and Meeting.--
            (1) Initial appointments.--Initial appointments of members 
        of the Board shall be made not later than 90 days after the 
        date of the enactment of this Act.
            (2) Initial meeting.--The Board shall hold its first 
        meeting not later than 30 days after the date on which all 
        members of the Board have been appointed.
    (k) Website.--The Board shall establish a website not later than 90 
days after the date on which all members of the Board have been 
appointed.

SEC. 4. DUTIES OF BOARD.

    (a) Review of Classification System.--
            (1) In general.--The Board shall conduct a thorough review 
        of the classification system for national security information, 
        including the policy, procedures, and practices of the system. 
        The Board shall recommend reforms of such system to ensure--
                    (A) the protection of the national security of the 
                United States;
                    (B) the sharing of information among Government 
                agencies; and
                    (C) an open and informed public discussion of 
                national security issues.
            (2) Scope of review.--
                    (A) Consultation.--The Board shall consult with the 
                Select Committee on Intelligence, the Committee on 
                Armed Services, and the Committee on Foreign Relations 
                of the Senate and the Permanent Select Committee on 
                Intelligence, the Committee on Armed Services, and the 
                Committee on International Relations of the House of 
                Representatives in determining the scope of its review 
                of the classification system.
                    (B) Review.--The Board shall submit a report 
                describing the proposed scope of review to the 
                President and the committees of Congress referred to in 
                subparagraph (A) for comment.
                    (C) Revisions.--Not later than 30 days after 
                receiving the report under subparagraph (B)--
                            (i) the President shall notify the Board in 
                        writing of any revisions to such scope of 
                        review; and
                            (ii) each committee of Congress referred to 
                        in subparagraph (A) may submit to the Board, in 
                        writing, any comments of the committee on the 
                        proposed scope of review.
    (b) Adoption of National Security Information Classification 
System.--
            (1) Authority.--The Board shall prescribe the 
        classification system for national security information, which 
        shall apply to all departments and agencies of the United 
        States.
            (2) Findings and recommendations.--The Board shall, in 
        accordance with the scope of review developed under subsection 
        (a)(2), review the classification system for national security 
        information and submit to the President and Congress its 
        findings and recommendations for new procedures and standards 
        to be used in such classification system.
            (3) Classification system.--Not later than 180 days after 
        the date on which all members of the Board have been confirmed 
        by the Senate, the Board shall adopt a classification system 
        for national security information, incorporating any comments 
        received from the President and considering any comments 
        received from Congress. Upon the adoption of the classification 
        system, the system shall be used for the classification of all 
        national security information.
    (c) Review of Classification Decisions.--
            (1) In general.--The Board shall, upon its own initiative 
        or pursuant to a request under paragraph (3), review any 
        classification decision made by an Executive agency with 
        respect to national security information.
            (2) Access.--The Board shall have access to all documents 
        or other materials that are classified on the basis of 
        containing national security information.
            (3) Requests for review.--The Board shall review in a 
        timely manner the existing or proposed classification of any 
        document or other material the review of which is requested 
        by--
                    (A) the head or Inspector General of an Executive 
                agency who is an authorized holder of such document or 
                material; or
                    (B) the chairman or ranking member of--
                            (i) the Committee on Armed Services, the 
                        Committee on Foreign Relations, or the Select 
                        Committee on Intelligence of the Senate; or
                            (ii) the Committee on Armed Services, the 
                        Committee on International Relations, or the 
                        Permanent Select Committee on Intelligence of 
                        the House of Representatives.
            (4) Recommendations.--
                    (A) In general.--The Board may make recommendations 
                to the President regarding decisions to classify all or 
                portions of documents or other material for national 
                security purposes or to declassify all or portions of 
                documents or other material classified for such 
                purposes.
                    (B) Implementation.--Upon receiving a 
                recommendation from the Board under subparagraph (A), 
                the President shall either--
                            (i) accept and implement such 
                        recommendation; or
                            (ii) not later than 60 days after receiving 
                        the recommendation if the President does not 
                        accept and implement such recommendation, 
                        transmit in writing to Congress and have posted 
                        on the Board's website a notification in 
                        unclassified form of the justification for the 
                        President's decision not to implement such 
                        recommendation.
            (5) Exemption from freedom of information act.--The Board 
        shall not be required to make documents or materials reviewed 
        under this subsection available to the public under section 552 
        of title 5, United States Code (commonly referred to as the 
        Freedom of Information Act).
            (6) Regulations.--The Board shall prescribe regulations to 
        carry out this subsection.
            (7) Executive agency defined.--In this section, the term 
        ``Executive agency'' has the meaning given that term in section 
        105 of title 5, United States Code.

SEC. 5. POWERS OF BOARD.

    (a) Hearings.--The Board may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the Board considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--The Board may secure 
directly from any Federal department or agency such information as the 
Board considers necessary to carry out this Act. Upon request of the 
Chairman of the Board, the head of such department or agency shall 
furnish such information to the Board.
    (c) Administrative Support Services.--Upon request of the Board, 
the Administrator of General Services shall provide to the Board, on a 
reimbursable basis, the administrative support necessary for the Board 
to carry out its duties under this Act.
    (d) Postal Services.--The Board may use the United States mails in 
the same manner and under the same conditions as other departments and 
agencies of the Federal Government.
    (e) Gifts.--The Board may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 6. BOARD PERSONNEL MATTERS.

    (a) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by adding at the end the following:
             ``Members, Independent National Security Classification 
        Board.''.
    (b) Staff.--
            (1) In general.--The Chairman of the Board may, without 
        regard to the civil service laws and regulations, appoint and 
        terminate an executive director and such other additional 
        personnel as may be necessary to enable the Board to perform 
        its duties under this Act. The employment of an executive 
        director shall be subject to confirmation by the Board.
            (2) Compensation.--The Chairman of the Board may fix the 
        compensation of the executive director and other personnel 
        without regard to chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
    (c) Detail of Government Employees.--Any employee of the Federal 
Government may be detailed to the Board without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Board $2,000,000 for 
fiscal year 2005, and such sums as may be necessary thereafter.
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