[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3495 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3495

To improve the classification and declassification of national security 
                  information, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2023

  Mr. Cornyn (for himself, Mr. Warner, Ms. Collins, Mr. Lankford, Mr. 
  Moran, and Mr. King) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To improve the classification and declassification of national security 
                  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 ``Amended Sensible Classification Act 
of 2023''.

SEC. 2. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.

    (a) In General.--Whenever an agency is processing a request 
pursuant to section 552 of title 5, United States Code (commonly known 
as the ``Freedom of Information Act'') or the mandatory 
declassification review provisions of Executive Order 13526 (50 U.S.C. 
3161 note; relating to classified national security information), or 
successor order, and identifies responsive classified records that are 
more than 25 years of age as of December 31 of the year in which the 
request is received, the head of the agency shall, in accordance with 
existing processes to protect national security under the Freedom of 
Information Act and the mandatory review provisions of Executive Order 
13526, review the record and process the record for declassification 
and release by the National Declassification Center of the National 
Archives and Records Administration, unless the head of agency--
            (1) makes a certification to Congress, including the 
        congressional intelligence committees, the Committee on Armed 
        Services, the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Foreign Relations, the Committee on 
        the Judiciary of the Senate, and the Committee on Armed 
        Services, the Committee on Oversight and Accountability, the 
        Committee on Foreign Affairs, and the Committee on the 
        Judiciary of the House of Representatives, that the 
        declassification of certain components within the record would 
        be harmful to the protection of sources and methods or national 
        security, pursuant to existing processes; and
            (2) provides an explanation to Congress, including the 
        congressional intelligence committees, the Committee on Armed 
        Services, the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Foreign Relations, the Committee on 
        the Judiciary of the Senate, and the Committee on Armed 
        Services, the Committee on Oversight and Accountability, the 
        Committee on Foreign Affairs, and the Committee on the 
        Judiciary of the House of Representatives, for such 
        certification.
    (b) Application.--Subsection (a) shall apply regardless of whether 
or not the record described in such subsection is in the legal custody 
of the National Archives and Records Administration.

SEC. 3. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.

    (a) Definitions.--In this section:
            (1) Over-classification.--The term ``over-classification'' 
        means classification at a level that exceeds the minimum level 
        of classification that is sufficient to protect the national 
        security of the United States.
            (2) Sensible classification.--The term ``sensible 
        classification'' means classification at a level that is the 
        minimum level of classification that is sufficient to protect 
        the national security of the United States.
    (b) Training Required.--Each head of an agency with classification 
authority shall conduct training for employees of the agency with 
classification authority to hold employees accountable for over-
classification and to promote sensible classification.

SEC. 4. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION BOARD.

    Section 703 of the Public Interest Declassification Act of 2000 (50 
U.S.C. 3355a) is amended--
            (1) in subsection (c), by adding at the end the following:
    ``(5) A member of the Board whose term has expired may continue to 
serve until the earlier of--
            ``(A) the date that a successor is appointed and sworn in; 
        and
            ``(B) the date that is 1 year after the date of the 
        expiration of the term.
    ``(6) Not later than 30 days after the date on which the term of a 
member of the Board ends, the appointing authority of the member shall 
submit to Congress a plan to appoint a successor.''; and
            (2) in subsection (f)--
                    (A) by inserting ``(1)'' before ``Any employee''; 
                and
                    (B) by adding at the end the following:
    ``(2) In addition to any employees detailed to the Board under 
paragraph (1), the Board may, subject to the availability of funds, 
hire not more than 12 staff members.''.

SEC. 5. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND 
              DECLASSIFICATION.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Office of Electronic 
Government (in this section referred to as the ``Administrator'') 
shall, in consultation with the Secretary of Defense, the Director of 
the Central Intelligence Agency, the Director of National Intelligence, 
the Public Interest Declassification Board, the Director of the 
Information Security Oversight Office, and the head of the National 
Declassification Center of the National Archives and Records 
Administration--
            (1) research a technology-based solutions--
                    (A) to support efficient and effective systems for 
                classification and declassification; and
                    (B) to be implemented on an interoperable and 
                federated basis across the Federal Government; and
            (2) submit to the President and Congress, including the 
        congressional intelligence committees, the Committee on Armed 
        Services, the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Foreign Relations, the Committee on 
        the Judiciary of the Senate, and the Committee on Armed 
        Services, the Committee on Oversight and Accountability, the 
        Committee on Foreign Affairs, and the Committee on the 
        Judiciary of the House of Representatives, recommendations 
        regarding a technology-based solutions described in paragraph 
        (1).
    (b) Report.--Not later than 540 days after the date of the 
enactment of this Act, the President shall submit to Congress a 
classified report describing actions taken to implement the 
recommendations under subsection (a)(2).

SEC. 6. STUDIES AND RECOMMENDATIONS ON NECESSITY OF SECURITY 
              CLEARANCES.

    (a) Agency Studies on Necessity of Security Clearances.--
            (1) Studies required.--The head of each agency that grants 
        security clearances to personnel of such agency shall conduct a 
        study on the necessity of such clearances.
            (2) Reports required.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, each head of an 
                agency that conducts a study under paragraph (1) shall 
                submit to Congress, including the congressional 
                intelligence committees, the Committee on Armed 
                Services, the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Foreign 
                Relations, the Committee on the Judiciary of the 
                Senate, and the Committee on Armed Services, the 
                Committee on Oversight and Accountability, the 
                Committee on Foreign Affairs, and the Committee on the 
                Judiciary of the House of Representatives, a report on 
                the findings of the agency head with respect to such 
                study, which the agency head may classify as 
                appropriate.
                    (B) Required elements.--Each report submitted by 
                the head of an agency under subparagraph (A) shall 
                include, for such agency, the following:
                            (i) The number of personnel eligible for 
                        access to information up to the ``Top Secret'' 
                        level.
                            (ii) The number of personnel eligible for 
                        access to information up to the ``Secret'' 
                        level.
                            (iii) Information on any reduction in the 
                        number of personnel eligible for access to 
                        classified information based on the study 
                        conducted under paragraph (1).
                            (iv) A description of how the agency head 
                        will ensure that the number of security 
                        clearances granted by such agency will be kept 
                        to the minimum required for the conduct of 
                        agency functions, commensurate with the size, 
                        needs, and mission of the agency.
            (3) Industry.--This subsection shall apply to the Secretary 
        of Defense in the Secretary's capacity as the Executive Agent 
        for the National Industrial Security Program, and the Secretary 
        shall treat contractors, licensees, and grantees as personnel 
        of the Department of Defense for purposes of the studies and 
        reports required by this subsection.
    (b) Director of National Intelligence Review of Sensitive 
Compartmented Information.--Not later than 1 year after the date of the 
enactment of this Act, the Director of National Intelligence shall--
            (1) review the number of personnel eligible for access to 
        sensitive compartmented information; and
            (2) submit to Congress, including the congressional 
        intelligence committees, the Committee on Armed Services, the 
        Committee on Homeland Security and Governmental Affairs, the 
        Committee on Foreign Relations, the Committee on the Judiciary 
        of the Senate, and the Committee on Armed Services, the 
        Committee on Oversight and Accountability, the Committee on 
        Foreign Affairs, and the Committee on the Judiciary of the 
        House of Representatives, a report on how the Director will 
        ensure that the number of such personnel is limited to the 
        minimum required.
    (c) Agency Review of Special Access Programs.--Not later than 1 
year after the date of the enactment of this Act, each head of an 
agency who is authorized to establish a special access program by 
Executive Order 13526 (50 U.S.C. 3161 note; relating to classified 
national security information), or successor order, shall--
            (1) review the number of personnel of the agency eligible 
        for access to such special access programs; and
            (2) submit to Congress, including the congressional 
        intelligence committees, the Committee on Armed Services, the 
        Committee on Homeland Security and Governmental Affairs, the 
        Committee on Foreign Relations, the Committee on the Judiciary 
        of the Senate, and the Committee on Armed Services, the 
        Committee on Oversight and Accountability, the Committee on 
        Foreign Affairs, and the Committee on the Judiciary of the 
        House of Representatives, a report on how the agency head will 
        ensure that the number of such personnel is limited to the 
        minimum required.
    (d) Secretary of Energy Review of Q and L Clearances.--Not later 
than 1 year after the date of enactment of this Act, the Secretary of 
Energy shall--
            (1) review the number of personnel of the Department of 
        Energy granted Q and L access; and
            (2) submit to Congress, including the congressional 
        intelligence committees, the Committee on Armed Services, the 
        Committee on Homeland Security and Governmental Affairs, the 
        Committee on Foreign Relations, the Committee on the Judiciary 
        of the Senate, and the Committee on Armed Services, the 
        Committee on Oversight and Accountability, the Committee on 
        Foreign Affairs, and the Committee on the Judiciary of the 
        House of Representatives, a report on how the Secretary will 
        ensure that the number of such personnel is limited to the 
        minimum required
    (e) Independent Reviews.--Not later than 180 days after the date on 
which a study is completed under subsection (a) or a review is 
completed under subsections (b) through (d), the Director of the Office 
of Management and Budget shall each review the study or review, as the 
case may be.

SEC. 7. DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES.

    In this Act, the term ``congressional intelligence committees'' has 
the meaning given such term in section 3 of the National Security Act 
of 1947 (50 U.S.C. 3003).
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