[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.
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