[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2667-S2669]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 533. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                TITLE _--SENSIBLE CLASSIFICATION REFORM

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Sensible Classification 
     Act of 2023''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' in section 105 of title 5, United 
     States Code.
       (2) Classified information.--The term ``classified 
     information'' means information that has been determined 
     pursuant to Executive order 12958 (50 U.S.C. 3161 note; 
     relating to classified national security information), or 
     successor order, to require protection against unauthorized 
     disclosure and is marked to indicate its classified status 
     when in documentary form.
       (3) Classification.--The term ``classification'' means the 
     act or process by which information is determined to be 
     classified information.
       (4) Declassification.--The term ``declassification'' means 
     the authorized change in the status of information from 
     classified information to unclassified information.
       (5) Document.--The term ``document'' means any recorded 
     information, regardless of the nature of the medium or the 
     method or circumstances of recording.
       (6) Downgrade.--The term ``downgrade'' means a 
     determination by a declassification authority that 
     information classified and safeguarded at a specified level 
     shall be classified and safeguarded at a lower level.
       (7) 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.
       (8) Originate, originating, and originated.--The term 
     ``originate'', ``originating'', and ``originated'', with 
     respect to classified information and an authority, means the 
     authority that classified the information in the first 
     instance.
       (9) 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.
       (10) Security clearance.--The term ``security clearance'' 
     means an authorization to access classified information.
       (11) Unauthorized disclosure.--The term ``unauthorized 
     disclosure'' means a communication or physical transfer of 
     classified information to an unauthorized recipient.
       (12) Unclassified information.--The term ``unclassified 
     information'' means information that is not classified 
     information.

     SEC. _03. FINDINGS AND SENSE OF THE SENATE.

       (a) Findings.--The Senate makes the following findings:
       (1) According to a report released by the Office of the 
     Director of Intelligence in 2020 titled ``Fiscal Year 2019 
     Annual Report on Security Clearance Determinations'', more 
     than 4,000,000 individuals have been granted eligibility for 
     a security clearance.
       (2) At least 1,300,000 of such individuals have been 
     granted access to information classified at the Top Secret 
     level.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the classification system of the Federal Government is 
     in urgent need of reform;
       (2) the number of people with access to classified 
     information is exceedingly high and must be justified or 
     reduced;
       (3) reforms are necessary to reestablish trust between the 
     Federal Government and the people of the United States; and
       (4) classification should be limited to the minimum 
     necessary to protect national security while balancing the 
     public's interest in disclosure.

     SEC. _04. CLASSIFICATION AUTHORITY.

       (a) In General.--The authority to classify information 
     originally may be exercised only by--
       (1) the President and, in the performance of executive 
     duties, the Vice President;
       (2) the head of an agency or an official of any agency 
     authorized by the President pursuant to a designation of such 
     authority in the Federal Register; and
       (3) an official of the Federal Government to whom authority 
     to classify information originally has been delegated 
     pursuant to subsection (c).
       (b) Scope of Authority.--An individual authorized by this 
     section to classify information originally at a specified 
     level may also classify the information originally at a lower 
     level.
       (c) Delegation of Original Classification Authority.--An 
     official of the Federal Government may be delegated original 
     classification authority subject to the following:

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       (1) Delegation of original classification authority shall 
     be limited to the minimum required to administer this 
     section. Agency heads shall be responsible for ensuring that 
     designated subordinate officials have a demonstrable and 
     continuing need to exercise this authority.
       (2) Authority to originally classify information at the 
     level designated as ``Top Secret'' may be delegated only by 
     the President, in the performance of executive duties, the 
     Vice President, or an agency head or official designated 
     pursuant to subsection (a)(2).
       (3) Authority to originally classify information at the 
     level designated as ``Secret'' or ``Confidential'' may be 
     delegated only by the President, in the performance of 
     executive duties, the Vice President, or an agency head or 
     official designated pursuant to subsection (a)(2), or the 
     senior agency official described in section 5.4(d) of 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order, provided that official has been delegated ``Top 
     Secret'' original classification authority by the agency 
     head.
       (4) Each delegation of original classification authority 
     shall be in writing and the authority shall not be 
     redelegated except as provided by paragraph (1), (2), and 
     (3). Each delegation shall identify the official by name or 
     position title.
       (d) Training Required.--
       (1) In general.--An individual may not be delegated 
     original classification authority under this section unless 
     the individual has first received training described in 
     paragraph (2).
       (2) Training described.--Training described in this 
     paragraph is training on original classification that 
     includes instruction on the proper safeguarding of classified 
     information and of the criminal, civil, and administrative 
     sanctions that may be brought against an individual who fails 
     to protect classified information from unauthorized 
     disclosure.
       (e) Exceptional Cases.--
       (1) In general.--When an employee, Government contractor, 
     licensee, certificate holder, or grantee of an agency who 
     does not have original classification authority originates 
     information believed by that employee, contractor, licensee, 
     certificate holder, or grantee to require classification, the 
     information shall be protected in a manner consistent with 
     Executive Order 13526 (50 U.S.C. 3161 note; relating to 
     classified national security information), or successor 
     order.
       (2) Transmittal.--An employee, contractor, licensee, 
     certificate holder, or grantee described in paragraph (1), 
     who originates information described in such paragraph, shall 
     promptly transmit such information to--
       (A) the agency that has appropriate subject matter interest 
     and classification authority with respect to this 
     information; or
       (B) if it is not clear which agency has appropriate subject 
     matter interest and classification authority with respect to 
     the information, to the Director of the Information Security 
     Oversight Office.
       (3) Agency decisions.--An agency that receives information 
     pursuant to paragraph (2)(A) or (4) shall decide within 30 
     days whether to classify this information.
       (4) Information security oversight office action.--If the 
     Director of the Information Security Oversight Office 
     receives information under paragraph (2)(B), the Director 
     shall determine the agency having appropriate subject matter 
     interest and classification authority and forward the 
     information, with appropriate recommendations, to that agency 
     for a classification determination.

     SEC. _05. 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 review the 
     record and process the record for declassification and 
     release by the National Declassification Center of the 
     National Archives and Records Administration.
       (b) Application.--Subsection (a) shall apply--
       (1) regardless of whether or not the record described in 
     such subsection is in the legal custody of the National 
     Archives and Records Administration; and
       (2) without regard for any other provisions of law or 
     existing agreements or practices between agencies.

     SEC. _06. 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 discourage 
     over-classification and to promote sensible classification.

     SEC. _07. 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 a successor is appointed and sworn 
     in.''; and
       (2) in subsection (f)--
       (A) by inserting ``(1)'' before ``Any employee''; and
       (B) by adding at the end the following:
       ``(2)(A) In addition to any employees detailed to the Board 
     under paragraph (1), the Board may hire not more than 12 
     staff members.
       ``(B) There are authorized to be appropriated to carry out 
     subparagraph (A) such sums as are necessary for fiscal year 
     2024 and each fiscal year thereafter.''.

     SEC. _08. 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 solution--
       (A) utilizing machine learning and artificial intelligence 
     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 a recommendation regarding a 
     technology-based solution described in paragraph (1) that 
     should be adopted by the Federal Government.
       (b) Staff.--The Administrator may hire sufficient staff to 
     carry out subsection (a).
       (c) Report.--Not later than 540 days after the date of the 
     enactment of this Act, the President shall submit to Congress 
     a classified report on the technology-based solution 
     recommended by the Administrator under subsection (a)(2) and 
     the President's decision regarding its adoption.

     SEC. _09. 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 
     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 the 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.--The Director of National 
     Intelligence shall--
       (1) review the number of personnel eligible for access to 
     sensitive compartmented information; and
       (2) submit to Congress 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.--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 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.--The 
     Secretary of Energy shall--

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       (1) review the number of personnel of the Department of 
     Energy granted Q and L access; and
       (2) submit to Congress 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 Information Security Oversight Office of the 
     National Archives and Records Administration, the Director of 
     National Intelligence, and the Public Interest 
     Declassification Board shall each review the study or review, 
     as the case may be.
                                 ______