[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5019-S5020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2725. Mr. PETERS submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 end of title XV, add the following:

     Subtitle D--Classification Reform for Transparency Act of 2024

     SEC. 1549. SHORT TITLE.

       This subtitle may be cited as the ``Classification Reform 
     for Transparency Act of 2024''.

     SEC. 1550. DEFINITIONS.

       In this subtitle:
       (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. 1551. 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. 1552. 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. 1553. 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. 1554. 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

[[Page S5020]]

     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 subtitle 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. 1555. 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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