[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4648 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4648

To require the President to establish a task force on streamlining the 
 classified national security information system and narrowing of the 
 criteria for classification of information, to make improvements with 
     respect to such classification system, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2024

Mr. Peters (for himself and Mr. Cornyn) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To require the President to establish a task force on streamlining the 
 classified national security information system and narrowing of the 
 criteria for classification of information, to make improvements with 
     respect to such classification system, 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 ``Classification Reform for 
Transparency Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Classification.--The term ``classification'' means the 
        act or process by which information is determined to be 
        classified information.
            (2) Classification system.--The term ``classification 
        system'' means the system of the Federal Government for 
        classification and declassification.
            (3) Classified information.--The term ``classified 
        information'' has the meaning given the term ``classified 
        information of the United States'' in section 1924(c) of title 
        18, United States Code.
            (4) Declassification.--The term ``declassification'' means 
        the authorized change in the status of information from 
        classified information to unclassified information.
            (5) Executive agency.--The term ``Executive agency'' has 
        the meaning given such term in section 105 of title 5, United 
        States Code.
            (6) 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 
        Federal Government.
            (7) National declassification center.--The term ``National 
        Declassification Center'' means the National Declassification 
        Center established by section 3.7 of Executive Order 13526 (50 
        U.S.C. 3161 note; relating to classified national security 
        information), or successor center.
            (8) Panel.--The term ``Panel'' means the Interagency 
        Security Classification Appeals Panel established by section 
        5.3 of Executive Order 13526 (50 U.S.C. 3161 note; relating to 
        classified national security information), or successor panel.

SEC. 3. CLASSIFICATION PROHIBITIONS AND LIMITATIONS.

    (a) In General.--Notwithstanding any other provision of law, in no 
case shall information be classified, continue to be maintained as 
classified, or fail to be declassified in order--
            (1) to conceal a violation of law, inefficiency, 
        mismanagement, or administrative error;
            (2) to prevent embarrassment to a person, organization, or 
        element of the Federal Government;
            (3) to restrain competition; or
            (4) to prevent or delay the release of information that 
        does not require protection in the interest of the national 
        security.
    (b) Basic Scientific Research.--Basic scientific research 
information not clearly related to the national security of the United 
States shall not be classified.
    (c) Reclassification.--
            (1) In general.--Except as provided in paragraph (2), 
        information may not be reclassified after declassification and 
        release to the public under proper authority.
            (2) Waiver.--The National Security Advisor may authorize 
        the reclassification of information after declassification and 
        release as described in paragraph (1) in a case in which the 
        National Security Advisor determines that doing so is in the 
        interest of national security.

SEC. 4. TASK FORCE ON STREAMLINING CLASSIFICATION SYSTEM AND NARROWING 
              OF CLASSIFICATION CRITERIA.

    (a) Establishment Required.--Not later than 90 days after the date 
of the enactment of this Act, the President shall establish a task 
force to streamline the classification system and to narrow the 
criteria for classification.
    (b) Membership.--The task force established pursuant to subsection 
(a) shall be composed of members selected as follows:
            (1) At least 1 member selected by the Director of National 
        Intelligence.
            (2) At least 1 member selected by the Archivist of the 
        United States.
            (3) At least 1 member selected by the Secretary of Defense.
            (4) At least 1 member selected by the Secretary of State.
            (5) At least 1 member selected by the Attorney General.
            (6) Such additional members as the President considers 
        appropriate.
    (c) Duties.--The duties of the task force established pursuant to 
subsection (a) are as follows:
            (1) To create a plan for phasing out the use in the 
        classification system of the classification level designated as 
        ``Confidential''.
            (2) To develop specific guidance on the precise meaning of 
        ``damage to the national security'' as it pertains to Executive 
        Order 13526 (50 U.S.C. 3161 note; relating to classified 
        national security information), or successor order.
            (3) To develop specific guidance on the precise meaning of 
        ``intelligence sources or methods'' as it pertains to such 
        Executive order.
            (4) To develop additional guidance related to narrowing the 
        criteria for classification and the exemptions from automatic 
        declassification.
    (d) Deadline and Report.--Not later than 1 year after the date on 
which the President establishes the task force required by subsection 
(a), the task force shall--
            (1) complete the duties set forth under subsection (c); and
            (2) submit to Congress and make publicly available a report 
        with the plan created under paragraph (1) of subsection (c) and 
        the guidance developed under paragraphs (2) and (3) of such 
        subsection.

SEC. 5. AUTOMATIC EXPIRATION OF CLASSIFICATION STATUS.

    (a)  Automatic Expiration.--
            (1) In general.--Subject to subsection (b), the 
        classification marking on any information that is more than 50 
        years old shall be considered expired, and the information 
        shall be considered unclassified.
            (2) Effective date.--Paragraph (1) shall take effect on the 
        date that is 3 years after the date of the enactment of this 
        Act.
    (b) Authority To Exempt.--The President may, as the President 
considers appropriate, exempt specific information from the requirement 
of subsection (a)(1) pursuant to a request received by the President 
pursuant to subsection (c).
    (c) Requests for Exemptions.--In extraordinary cases, the head of 
an Executive agency may request from the President an exemption to the 
requirement of subsection (a)(1) for specific information that 
reveals--
            (1) the identity of a human source or human intelligence 
        source in a case in which the source or a relative of the 
        source is alive and disclosure would present a clear danger to 
        the safety of the source or relative;
            (2) a key design concept of a weapon of mass destruction; 
        or
            (3) information that would result in critical harm to 
        ongoing or future operations.
    (d) Notification.--
            (1) Definition of appropriate committees of congress.--In 
        this subsection, the term ``appropriate committee of Congress'' 
        means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Oversight and Accountability 
                and the Permanent Select Committee on Intelligence of 
                the House of Representatives.
            (2) In general.--If an exemption is requested pursuant to 
        subsection (c), the President shall, not later than 30 days 
        after the date on which the President approves or rejects the 
        requested exemption, submit to Congress, including the 
        appropriate committees of Congress, notice of such approval or 
        rejection.
            (3) Contents.--Each notice submitted pursuant to paragraph 
        (2) for an approval or rejection shall include a justification 
        for the approval or rejection.
            (4) Form.--To the degree practicable, each notice submitted 
        pursuant to paragraph (2) shall be submitted in unclassified 
        form.

SEC. 6. REFORMS OF THE CLASSIFICATION SYSTEM.

    (a) Declassification Authority of National Declassification 
Center.--Beginning 1 year after the date that the National 
Declassification Center refers any information that is among the 
holdings of the National Archives and eligible for automatic 
declassification pursuant to Executive Order 13526 (50 U.S.C. 3161 
note; relating to classified national security information), or 
successor order, to any relevant Executive agency for review and if 
such Executive agency has not completed the review, the National 
Declassification Center may declassify the information without 
requiring review by or approval for declassification or release from 
any Executive agency.
    (b) Incorporation of Interagency Security Classification Appeals 
Panel in Classification and Declassification Guidance.--
            (1) Decisions of panel as binding precedent.--Decisions of 
        the Panel shall create a binding precedent on each Executive 
        agency with respect to the classification status of information 
        subject to the decision, unless the decision is overturned by 
        the President.
            (2) Timing of binding precedent.--Decisions of the Panel 
        shall become binding on each Executive agency after an appeal--
                    (A) is not exercised by an agency; or
                    (B) is rejected by the President.
            (3) Incorporation of decisions into guidance.--The National 
        Declassification Center and each head of an Executive agency 
        shall incorporate decisions of the Panel into classification 
        and declassification guidance as may be applicable.
            (4) Congressional oversight.--
                    (A) Definition of appropriate committees of 
                congress.--In this paragraph, the term ``appropriate 
                committee of Congress'' means--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs and the Select Committee 
                        on Intelligence of the Senate; and
                            (ii) the Committee on Oversight and 
                        Accountability and the Permanent Select 
                        Committee on Intelligence of the House of 
                        Representatives.
                    (B) Annual report.--Each year, the Panel shall 
                submit to the appropriate committees of Congress an 
                annual report summarizing the decisions of the Panel 
                for the year covered by the report and the precedents 
                that were created.
    (c) Declassification Upon Request of Congress.--
            (1) In general.--Not later than 90 days after the date on 
        which the head of an Executive agency receives a request from a 
        chair, vice-chair, or ranking member of an appropriate 
        committee of Congress for declassification of specific 
        information in the possession of the Executive agency, the head 
        of the Executive agency shall--
                    (A) review the information for declassification; 
                and
                    (B) provide the member of Congress--
                            (i) the declassified information or 
                        document; or
                            (ii) notice that, pursuant to review under 
                        subparagraph (A), the information is not being 
                        declassified, along with a justification for 
                        not declassifying the information.
            (2) Complex or lengthy requests.--In a case in which the 
        head of an Executive agency receives a request as described in 
        paragraph (1) and the head determines that such request is 
        particularly complex or lengthy, such paragraph shall be 
        applied by substituting ``180 days'' for ``90 days''.
    (d) Mandatory Declassification Review for Matters in the Public 
Interest.--The President shall require that the mandatory 
declassification review process established pursuant to Executive Order 
13526 (50 U.S.C. 3161 note; relating to classified national security 
information), or successor order, include--
            (1) a process by which members of the public may request 
        declassification of information in cases in which--
                    (A) the information meets the standards for 
                classification; and
                    (B) the public interest in disclosure would 
                outweigh the national security harm that could 
                reasonably be expected to result from disclosure of the 
                information; and
            (2) an expedited process for consideration of 
        declassification of information in cases in which there is 
        urgency to inform the public concerning actual or alleged 
        Federal Government activity.
    (e) Remediation To Address Excessive Classification and 
Insufficient Declassification Actions of Employees and Contractors.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, each head of an Executive agency 
        shall develop and implement, in consultation with the Director 
        of the Office of Personnel Management, the Director of National 
        Intelligence, and the Director of the Information Security 
        Oversight Office, a system that includes the following 
        elements:
                    (A) Periodic audits, or other evidence-based 
                approaches, to identify and correct agency-wide trends 
                in employees of Executive agencies who knowingly, 
                willfully, negligently, or frequently classify 
                information--
                            (i) that does not meet the standard for 
                        classification set forth in the applicable 
                        Executive order or statute; or
                            (ii) at a higher level than warranted under 
                        the applicable Executive order or statute.
                    (B) Remedial measures or administrative penalties, 
                as may be appropriate, including reprimand, suspension 
                without pay, removal, termination of classification 
                authority, loss or denial of access to classified 
                information, or other sanctions in accordance with 
                applicable law and agency regulation.
                    (C) At a minimum, the prompt removal of the 
                classification authority of any individual who 
                demonstrates reckless disregard or a pattern of error 
                in applying the classification standards of Executive 
                Order 13526 (50 U.S.C. 3161 note; relating to 
                classified national security information), or successor 
                order.
                    (D) Periodic reevaluation for employees who are 
                identified pursuant to subparagraph (A).
                    (E) Development of criteria to incorporate 
                responsible use of the classification system in the 
                performance standards and reviews of employees whose 
                duties significantly involve the creation or handling 
                of classified information.
                    (F) A safe harbor for employees who fail to apply 
                classification markings to, or otherwise protect, 
                classified information in cases in which--
                            (i) the employee identifies significant 
                        ambiguity as to the classification status of 
                        the information; or
                            (ii) the failure is an isolated or rare 
                        instance and is neither willful, knowing, or 
                        negligent.
                    (G) Employees who meet the criteria to utilize a 
                safe harbor as specified in subparagraph (F) shall not 
                be subject to any remedial measures or administrative 
                penalties, including suspension or termination of 
                clearance or classification authority, as a result of 
                their failure to apply classification markings to, or 
                otherwise protect, classified information.
                    (H) Cash awards or other incentives to promote 
                meritorious challenges to unnecessary classification, 
                pursuant to section 1.8 of Executive Order 13526 (50 
                U.S.C. 3161 note; relating to classified national 
                security information), or comparable provision of a 
                successor order, or significant contributions to the 
                declassification of information that is eligible for 
                declassification.
                    (I) The incorporation of the standards, 
                requirements, and other elements of the system into 
                existing and future contracts that involve the handling 
                of classified information.
            (2) Preservation of existing employee protections.--
        Paragraph (1) shall not be construed to require the elimination 
        of any employee protections in effect on the day before the 
        date of the enactment of this Act.
            (3) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Director of the 
                Office of Personnel Management, the Director of 
                National Intelligence, and the Director of the 
                Information Security Oversight Office shall jointly 
                submit to Congress a report on the status of Executive 
                agency implementation of systems pursuant to paragraph 
                (1).
                    (B) Contents.--The report required by subparagraph 
                (A) shall include the following:
                            (i) Identification of any relevant leading 
                        practices by Executive agencies.
                            (ii) Identification of Executive agencies 
                        that have failed to develop a system in 
                        accordance with paragraph (1).
    (f) Identification of Harm to National Security.--At the time of 
original classification, in addition to the identifications and 
markings required by section 1.6 of Executive Order 13526 (50 U.S.C. 
3161 note; relating to classified national security information), or 
successor order, the original classification authority shall identify 
in writing the specific harm to national security that could reasonably 
be expected to result from disclosure.
    (g) Congressional Authority To Release Information.--Nothing in 
this Act shall be deemed in conflict with, or to otherwise impede the 
authority of, Congress under clause 3 of section 5 of article I of the 
Constitution of the United States to release information in its 
possession, and such information so released shall be deemed 
declassified or otherwise released in full.

SEC. 7. FUNDING FOR CLASSIFICATION AND DECLASSIFICATION.

    (a) In General.--The President shall ensure that for each fiscal 
year, the budget of the President submitted pursuant to section 1105(a) 
of title 31, United States Code, includes estimated expenditures and 
proposed appropriations that the President decides are necessary to 
support the classification, declassification, and safeguarding 
activities of the Federal Government in the fiscal year for which the 
budget is submitted and the 4 fiscal years after that year.
    (b) Detailed Analysis.--Estimates included pursuant to subsection 
(a) shall be accompanied by a detailed analysis, disaggregated by 
budget function, Executive agency, program, project, activity, and 
fiscal year, of the estimated amounts that will be expended on 
classification, declassification, and safeguarding activities by the 
Federal Government over the same period.
    (c) Minimum Amount.--Estimates and proposed appropriations included 
pursuant to subsection (a) for a fiscal year shall estimate and propose 
an amount of funding available for declassification activities that is 
equal to or greater than 10 percent of the amount estimated and 
proposed for classification and safeguarding activities for the same 
fiscal year.
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