106 S1541 IS: Classification Reform Act of 2023 U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 1541IN THE SENATE OF THE UNITED STATESMay 10, 2023Mr. Warner (for himself, Mr. Wyden, Mr. Moran, Mr. Cornyn, Mr. King, Mr. Heinrich, Mr. Bennet, Mr. Casey, and Mr. Rounds) introduced the following bill; which was read twice and referred to the Select Committee on IntelligenceA BILLTo provide for a system to classify information in the interests of national security and a system to declassify such information, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Classification Reform Act of 2023.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.TITLE I—Governance and accountability for reform of the security classification systemSec. 101. Executive Agent for Classification and Declassification.Sec. 102. Executive Committee on Classification and Declassification Programs and Technology.Sec. 103. Advisory bodies for Executive Agent for Classification and Declassification.Sec. 104. Information Security Oversight Office.TITLE II—Reducing overclassificationSec. 201. Classification and declassification of information.Sec. 202. Declassification working capital funds.Sec. 203. Transparency officers.Sec. 204. Continuity of membership of the Public Interest Declassification Board.TITLE III—Preventing mishandling of classified informationSec. 301. Security review of certain records of the President and Vice President.Sec. 302. Mandatory counterintelligence risk assessments.Sec. 303. Minimum standards for Executive agency insider threat programs.TITLE IV—Other mattersSec. 401. Prohibitions.Sec. 402. Conforming amendment.Sec. 403. Clerical amendment.

2.

Definitions

Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et seq.) is amended—(1)in the title heading by striking Access to classified information procedures and inserting Protection of national security information;(2)in the matter before section 801, by inserting the following:A

Definitions

800.

Definitions

In this title:(1)

Agency

The term agency means any Executive agency as defined in section 105 of title 5, United States Code, any military department as defined in section 102 of such title, and any other entity in the executive branch of the Federal Government that comes into the possession of classified information.(2)

Authorized investigative agency

The term authorized investigative agency means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.(3)

Classify, classified, classification

The terms classify, classified, and classification refer to the process by which information is determined to require protection from unauthorized disclosure pursuant to this title in order to protect the national security of the United States.(4)

Classified information

the term classified information means information that has been classified.(5)

Computer

The term computer means any electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or contained in such device.(6)

Consumer reporting agency

The term consumer reporting agency has the meaning given such term in section 603 of the Consumer Credit Protection Act (15 U.S.C. 1681a).(7)

Declassify, declassified, declassification

The terms declassify, declassified, and declassification refer to the process by which information that has been classified is determined to no longer require protection from unauthorized disclosure pursuant to this title. (8)

Document

The term document means any recorded information, regardless of the nature of the medium or the method or circumstances of recording.(9)

Employee

The term employee includes any person who receives a salary or compensation of any kind from the United States Government, is a contractor of the United States Government or an employee thereof, is an unpaid consultant of the United States Government, or otherwise acts for or on behalf of the United States Government, except as otherwise determined by the President.(10)

Executive Agent for Classification and Declassification

The term Executive Agent for Classification and Declassification means the Executive Agent for Classification and Declassification established by section 811(a).(11)

Financial agency and holding company

The terms financial agency and financial institution have the meanings given to such terms in section 5312(a) of title 31, United States Code, and the term holding company has the meaning given to such term in section 1101(6) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401).(12)

Foreign power and agent of a foreign power

The terms foreign power and agent of a foreign power have the meanings given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).(13)

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 United States Government.(14)

Information Security Oversight Office

The term Information Security Oversight Office means the Information Security Oversight Office established by section 814(a).(15)

Original classification authority

The term original classification authority means an individual authorized in writing, either by the President, the Vice President, or by agency heads or other officials designated by the President, to classify information in the first instance. (16)

Records

The term records means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency's control under the terms of the contract, license, certificate, or grant.(17)

State

The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau, and any other possession of the United States.

B

Access to classified information procedures

; and(3)by striking section 805.