II
118THCONGRESS
1
STSESSION S. 1541
To provide for a system to classify information in the interests of national
security and a system to declassify such information, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY10, 2023
Mr. W
ARNER(for himself, Mr. WYDEN, Mr. MORAN, Mr. CORNYN, Mr. KING,
Mr. H
EINRICH, Mr. BENNET, Mr. CASEY, and Mr. ROUNDS) introduced
the following bill; which was read twice and referred to the Select Com-
mittee on Intelligence
A BILL
To provide for a system to classify information in the inter-
ests of national security and a system to declassify such
information, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Classification Reform Act of 2023’’. 5
(b) T
ABLE OFCONTENTS.—The table of contents for 6
this Act is as follows: 7
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
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TITLE I—GOVERNANCE AND ACCOUNTABILITY FOR REFORM OF
THE SECURITY CLASSIFICATION SYSTEM
Sec. 101. Executive Agent for Classification and Declassification.
Sec. 102. Executive Committee on Classification and Declassification Programs
and Technology.
Sec. 103. Advisory bodies for Executive Agent for Classification and Declas-
sification.
Sec. 104. Information Security Oversight Office.
TITLE II—REDUCING OVERCLASSIFICATION
Sec. 201. Classification and declassification of information.
Sec. 202. Declassification working capital funds.
Sec. 203. Transparency officers.
Sec. 204. Continuity of membership of the Public Interest Declassification
Board.
TITLE III—PREVENTING MISHANDLING OF CLASSIFIED
INFORMATION
Sec. 301. Security review of certain records of the President and Vice Presi-
dent.
Sec. 302. Mandatory counterintelligence risk assessments.
Sec. 303. Minimum standards for Executive agency insider threat programs.
TITLE IV—OTHER MATTERS
Sec. 401. Prohibitions.
Sec. 402. Conforming amendment.
Sec. 403. Clerical amendment.
SEC. 2. DEFINITIONS.
1
Title VIII of the National Security Act of 1947 (50 2
U.S.C. 3161 et seq.) is amended— 3
(1) in the title heading by striking ‘‘ACCESS 4
TO CLASSIFIED INFORMATION PROCE-5
DURES’’ and inserting ‘‘PROTECTION OF 6
NATIONAL SECURITY INFORMATION ’’; 7
(2) in the matter before section 801, by insert-8
ing the following: 9
‘‘Subtitle A—Definitions 10
‘‘SEC. 800. DEFINITIONS. 11
‘‘In this title: 12
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‘‘(1) AGENCY.—The term ‘agency’ means any 1
Executive agency as defined in section 105 of title 2
5, United States Code, any military department as 3
defined in section 102 of such title, and any other 4
entity in the executive branch of the Federal Gov-5
ernment that comes into the possession of classified 6
information. 7
‘‘(2) A
UTHORIZED INVESTIGATIVE AGENCY .— 8
The term ‘authorized investigative agency’ means an 9
agency authorized by law or regulation to conduct a 10
counterintelligence investigation or investigations of 11
persons who are proposed for access to classified in-12
formation to ascertain whether such persons satisfy 13
the criteria for obtaining and retaining access to 14
such information. 15
‘‘(3) C
LASSIFY, CLASSIFIED, CLASSIFICATION.— 16
The terms ‘classify’, ‘classified’, and ‘classification’ 17
refer to the process by which information is deter-18
mined to require protection from unauthorized dis-19
closure pursuant to this title in order to protect the 20
national security of the United States. 21
‘‘(4) C
LASSIFIED INFORMATION .—the term 22
‘classified information’ means information that has 23
been classified. 24
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‘‘(5) COMPUTER.—The term ‘computer’ means 1
any electronic, magnetic, optical, electrochemical, or 2
other high speed data processing device performing 3
logical, arithmetic, or storage functions, and includes 4
any data storage facility or communications facility 5
directly related to or operating in conjunction with 6
such device and any data or other information 7
stored or contained in such device. 8
‘‘(6) C
ONSUMER REPORTING AGENCY .—The 9
term ‘consumer reporting agency’ has the meaning 10
given such term in section 603 of the Consumer 11
Credit Protection Act (15 U.S.C. 1681a). 12
‘‘(7) D
ECLASSIFY, DECLASSIFIED, DECLAS-13
SIFICATION.—The terms ‘declassify’, ‘declassified’, 14
and ‘declassification’ refer to the process by which 15
information that has been classified is determined to 16
no longer require protection from unauthorized dis-17
closure pursuant to this title. 18
‘‘(8) D
OCUMENT.—The term ‘document’ means 19
any recorded information, regardless of the nature of 20
the medium or the method or circumstances of re-21
cording. 22
‘‘(9) E
MPLOYEE.—The term ‘employee’ includes 23
any person who receives a salary or compensation of 24
any kind from the United States Government, is a 25
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contractor of the United States Government or an 1
employee thereof, is an unpaid consultant of the 2
United States Government, or otherwise acts for or 3
on behalf of the United States Government, except 4
as otherwise determined by the President. 5
‘‘(10) E
XECUTIVE AGENT FOR CLASSIFICATION 6
AND DECLASSIFICATION .—The term ‘Executive 7
Agent for Classification and Declassification’ means 8
the Executive Agent for Classification and Declas-9
sification established by section 811(a). 10
‘‘(11) F
INANCIAL AGENCY AND HOLDING COM -11
PANY.—The terms ‘financial agency’ and ‘financial 12
institution’ have the meanings given to such terms 13
in section 5312(a) of title 31, United States Code, 14
and the term ‘holding company’ has the meaning 15
given to such term in section 1101(6) of the Right 16
to Financial Privacy Act of 1978 (12 U.S.C. 3401). 17
‘‘(12) F
OREIGN POWER AND AGENT OF A FOR -18
EIGN POWER.—The terms ‘foreign power’ and ‘agent 19
of a foreign power’ have the meanings given such 20
terms in section 101 of the Foreign Intelligence Sur-21
veillance Act of 1978 (50 U.S.C. 1801). 22
‘‘(13) I
NFORMATION.—The term ‘information’ 23
means any knowledge that can be communicated or 24
documentary material, regardless of its physical 25
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form or characteristics, that is owned by, is pro-1
duced by or for, or is under the control of the 2
United States Government. 3
‘‘(14) I
NFORMATION SECURITY OVERSIGHT OF -4
FICE.—The term ‘Information Security Oversight 5
Office’ means the Information Security Oversight 6
Office established by section 814(a). 7
‘‘(15) O
RIGINAL CLASSIFICATION AUTHOR -8
ITY.—The term ‘original classification authority’ 9
means an individual authorized in writing, either by 10
the President, the Vice President, or by agency 11
heads or other officials designated by the President, 12
to classify information in the first instance. 13
‘‘(16) R
ECORDS.—The term ‘records’ means the 14
records of an agency and Presidential papers or 15
Presidential records, as those terms are defined in 16
title 44, United States Code, including those created 17
or maintained by a government contractor, licensee, 18
certificate holder, or grantee that are subject to the 19
sponsoring agency’s control under the terms of the 20
contract, license, certificate, or grant. 21
‘‘(17) S
TATE.—The term ‘State’ means each of 22
the several States of the United States, the District 23
of Columbia, the Commonwealth of Puerto Rico, the 24
Commonwealth of the Northern Mariana Islands, 25
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the United States Virgin Islands, Guam, American 1
Samoa, the Republic of the Marshall Islands, the 2
Federated States of Micronesia, and the Republic of 3
Palau, and any other possession of the United 4
States. 5
‘‘Subtitle B—Access to Classified 6
Information Procedures’’; 7
and 8
(3) by striking section 805. 9
TITLE I—GOVERNANCE AND AC-10
COUNTABILITY FOR REFORM 11
OF THE SECURITY CLASSI-12
FICATION SYSTEM 13
SEC. 101. EXECUTIVE AGENT FOR CLASSIFICATION AND DE-14
CLASSIFICATION. 15
Title VIII of the National Security Act of 1947 (50 16
U.S.C. 3161 et seq.), as amended by section 2, is further 17
amended by adding at the end the following: 18
‘‘Subtitle C—Security Classification 19
Governance 20
‘‘SEC. 811. EXECUTIVE AGENT FOR CLASSIFICATION AND 21
DECLASSIFICATION. 22
‘‘(a) E
STABLISHMENT.—There is in the executive 23
branch of the Federal Government an Executive Agent for 24
Classification and Declassification who shall be respon-25
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sible for promoting programs, processes, and systems re-1
lating to classification and declassification, including de-2
veloping technical solutions for automating declassification 3
review, and directing resources for such purposes in the 4
Federal Government. 5
‘‘(b) D
ESIGNATION.—The Director of National Intel-6
ligence shall serve as the Executive Agent for Classifica-7
tion and Declassification. 8
‘‘(c) D
UTIES.—The duties of the Executive Agent for 9
Classification and Declassification are as follows: 10
‘‘(1) To promote classification and declassifica-11
tion programs, processes, and systems with the goal 12
of ensuring that declassification activities keep pace 13
with classification activities and that classified infor-14
mation is declassified at such time as it no longer 15
meets the standard for classification. 16
‘‘(2) To promote classification and declassifica-17
tion programs, processes, and systems that ensure 18
secure management of and tracking of classified 19
records. 20
‘‘(3) To promote the establishment of a fed-21
erated classification and declassification system to 22
streamline, modernize, and oversee declassification 23
across agencies. 24
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‘‘(4) To direct resources to develop, coordinate, 1
and implement a federated classification and declas-2
sification system that includes technologies that 3
automate declassification review and promote con-4
sistency in declassification determinations across the 5
executive branch of the Federal Government. 6
‘‘(5) To work with the Director of the Office of 7
Management and Budget in developing a line item 8
for classification and declassification in each budget 9
of the President that is submitted for a fiscal year 10
under section 1105(a) of title 31, United States 11
Code. 12
‘‘(6) To identify and support the development 13
of— 14
‘‘(A) best practices for classification and 15
declassification among agencies; and 16
‘‘(B) goal oriented classification and de-17
classification pilot programs. 18
‘‘(7) To promote and implement technological 19
and automated solutions relating to classification 20
and declassification, with human input as necessary 21
for key policy decisions. 22
‘‘(8) To promote feasible, sustainable, and 23
interoperable programs and processes to facilitate a 24
federated classification and declassification system. 25
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‘‘(9) To direct the implementation across agen-1
cies of the most effective programs and approaches 2
relating to classification and declassification. 3
‘‘(10) To establish, oversee, and enforce acquisi-4
tion and contracting policies relating to classification 5
and declassification programs. 6
‘‘(11) In coordination with the Information Se-7
curity Oversight Office— 8
‘‘(A) to issue policies and directives to the 9
heads of agencies relating to directing resources 10
and making technological investments in classi-11
fication and declassification that include sup-12
port for a federated system; 13
‘‘(B) to ensure implementation of the poli-14
cies and directives issued under subparagraph 15
(A); 16
‘‘(C) to collect information on classification 17
and declassification practices and policies across 18
agencies, including challenges to effective de-19
classification, training, accounting, and costs 20
associated with classification and declassifica-21
tion; 22
‘‘(D) to develop policies for ensuring the 23
accuracy of information obtained from Federal 24
agencies; and 25
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‘‘(E) to develop accurate and relevant 1
metrics for judging the success of classification 2
and declassification policies and directives. 3
‘‘(12) To work with appropriate agencies to 4
oversee the implementation of policies, procedures, 5
and processes governing the submission of materials 6
for prepublication review by persons obligated to 7
submit materials for such review by the terms of a 8
nondisclosure agreement signed in accordance with 9
Executive Order 12968 (50 U.S.C. 3161 note; relat-10
ing to access to classified information), or successor 11
order, and to ensure such policies, procedures, and 12
processes— 13
‘‘(A) include clear and consistent guidance 14
on materials that must be submitted and the 15
mechanisms for making such submissions; 16
‘‘(B) produce timely and consistent deter-17
minations across agencies; and 18
‘‘(C) incorporate mechanisms for the time-19
ly appeal of such determinations. 20
‘‘(d) C
ONSULTATIONWITHEXECUTIVECOMMITTEE 21
ONCLASSIFICATION AND DECLASSIFICATIONPROGRAMS 22
ANDTECHNOLOGY.—In making decisions under this sec-23
tion, the Executive Agent for Classification and Declas-24
sification shall consult with the Executive Committee on 25
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Classification and Declassification Programs and Tech-1
nology established under section 102(a). 2
‘‘(e) C
OORDINATIONWITH THENATIONALDECLAS-3
SIFICATIONCENTER.—In implementing a federated classi-4
fication and declassification system, the Executive Agent 5
for Classification and Declassification shall act in coordi-6
nation with the National Declassification Center estab-7
lished by section 3.7(a) of Executive Order 13526 (50 8
U.S.C. 3161 note; relating to classified national security 9
information), or successor order. 10
‘‘(f) S
TANDARDS ANDDIRECTIVES OF THEINFORMA-11
TIONSECURITYOVERSIGHTOFFICE.—The programs, 12
policies, and systems promoted by the Executive Agent for 13
Classification and Declassification shall be consistent with 14
the standards and directives established by the Informa-15
tion Security Oversight Office. 16
‘‘(g) A
NNUALREPORT.— 17
‘‘(1) I
N GENERAL.—Not later than the end of 18
the first full fiscal year beginning after the date of 19
the enactment of the Classification Reform Act of 20
2023 and not less frequently than once each fiscal 21
year thereafter, the Executive Agent for Classifica-22
tion and Declassification shall submit to Congress 23
and make available to the public a report on the im-24
plementation of classification and declassification 25
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programs and processes in the most recently com-1
pleted fiscal year. 2
‘‘(2) C
OORDINATION.—Each report submitted 3
and made available under paragraph (1) shall be co-4
ordinated with the annual report of the Information 5
Security Oversight Office issued pursuant to section 6
814(d). 7
‘‘(3) C
ONTENTS.—Each report submitted and 8
made available under subsection (a) shall include, 9
for the period covered by the report, the following: 10
‘‘(A) The costs incurred by the Federal 11
Government for classification and declassifica-12
tion. 13
‘‘(B) A description of information systems 14
of the Federal Government and technology pro-15
grams, processes, and systems of agencies re-16
lated to classification and declassification. 17
‘‘(C) A description of the policies and di-18
rectives issued by the Executive Agent for Clas-19
sification and Declassification and other activi-20
ties of the Executive Agent for Classification 21
and Declassification. 22
‘‘(D) A description of the challenges posed 23
to agencies in implementing the policies and di-24
rectives of the Executive Agent for Classifica-25
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tion and Declassification as well as relevant im-1
plementing policies of the agencies. 2
‘‘(E) A description of pilot programs and 3
new investments in programs, processes, and 4
systems relating to classification and declas-5
sification and metrics of effectiveness for such 6
programs, processes, and systems. 7
‘‘(F) A description of progress and chal-8
lenges in achieving the goal described in (c)(1). 9
‘‘(h) F
UNDING.— 10
‘‘(1) A
UTHORIZATION OF APPROPRIATIONS .— 11
There are authorized to be appropriated to carry out 12
this section amounts as follows: 13
‘‘(A) $5,000,000 for fiscal year 2024. 14
‘‘(B) For fiscal year 2025 and each fiscal 15
year thereafter, such sums as may be necessary 16
to carry out this section. 17
‘‘(2) B
UDGET ESTIMATES.—In each budget that 18
the President submits to Congress for a fiscal year 19
under section 1105(a) of title 31, United States 20
Code, the President shall include an estimate of the 21
amounts required to carry out this section in that 22
fiscal year.’’. 23
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SEC. 102. EXECUTIVE COMMITTEE ON CLASSIFICATION 1
AND DECLASSIFICATION PROGRAMS AND 2
TECHNOLOGY. 3
Subtitle C of title VIII of the National Security Act 4
of 1947 (50 U.S.C. 3161 et seq.), as added by section 5
101, is further amended by adding at the end the fol-6
lowing: 7
‘‘SEC. 812. EXECUTIVE COMMITTEE ON CLASSIFICATION 8
AND DECLASSIFICATION PROGRAMS AND 9
TECHNOLOGY. 10
‘‘(a) E
STABLISHMENT.—There is established a com-11
mittee to provide direction, advice, and guidance to the 12
Executive Agent for Classification and Declassification on 13
matters relating to classification and declassification pro-14
grams and technology. 15
‘‘(b) D
ESIGNATION.—The committee established by 16
subsection (a) shall be known as the ‘Executive Committee 17
on Classification and Declassification Programs and Tech-18
nology’ (in this section referred to as the ‘Committee’). 19
‘‘(c) M
EMBERSHIP.— 20
‘‘(1) C
OMPOSITION.—The Committee shall be 21
composed of the following: 22
‘‘(A) The Director of National Intelligence. 23
‘‘(B) The Under Secretary of Defense for 24
Intelligence. 25
‘‘(C) The Secretary of Energy. 26
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‘‘(D) The Secretary of State. 1
‘‘(E) The Director of the National Declas-2
sification Center. 3
‘‘(F) The Director of the Information Se-4
curity Oversight Board. 5
‘‘(G) The Director of the Office of Man-6
agement and Budget. 7
‘‘(H) Such other members as the Executive 8
Agent for Classification and Declassification 9
considers appropriate. 10
‘‘(2) C
HAIRPERSON.—The President shall ap-11
point the chairperson of the Committee.’’. 12
SEC. 103. ADVISORY BODIES FOR EXECUTIVE AGENT FOR 13
CLASSIFICATION AND DECLASSIFICATION. 14
Subtitle C of title VIII of the National Security Act 15
of 1947 (50 U.S.C. 3161 et seq.), as added by section 16
101 and amended by section 102, is further amended by 17
adding at the end the following: 18
‘‘SEC. 813. ADVISORY BODIES FOR EXECUTIVE AGENT FOR 19
CLASSIFICATION AND DECLASSIFICATION. 20
‘‘The following are hereby advisory bodies for the Ex-21
ecutive Agent for Classification and Declassification: 22
‘‘(1) The Public Interest Declassification Board 23
established by section 703(a) of the Public Interest 24
Declassification Act of 2000 (Public Law 106–567). 25
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‘‘(2) The Office of the Historian of the Depart-1
ment of State. 2
‘‘(3) The Historical Office of the Secretary of 3
Defense. 4
‘‘(4) The Office of the Chief Historian of the 5
Central Intelligence Agency.’’. 6
SEC. 104. INFORMATION SECURITY OVERSIGHT OFFICE. 7
Subtitle C of title VIII of the National Security Act 8
of 1947 (50 U.S.C. 3161 et seq.), as added by section 9
101 and amended by sections 102 and 103, is further 10
amended by adding at the end the following: 11
‘‘SEC. 814. INFORMATION SECURITY OVERSIGHT OFFICE. 12
‘‘(a) E
STABLISHMENT.— 13
‘‘(1) I
N GENERAL.—There is hereby established 14
in the executive branch of the Federal Government 15
an office to ensure the Government protects and 16
provides proper access to information to advance the 17
national and public interest by standardizing and as-18
sessing the management of classified and controlled 19
unclassified information through oversight, policy de-20
velopment, guidance, education, and reporting. 21
‘‘(2) D
ESIGNATION.—The office established by 22
paragraph (1) shall be known as the ‘Information 23
Security Oversight Office’ (in this section referred to 24
as the ‘Office’). 25
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‘‘(b) DIRECTOR.—There is in the Office a director 1
who shall be the head of the Office and who shall be ap-2
pointed by the President. 3
‘‘(c) D
UTIES.—The duties of the director of the Of-4
fice, which the director shall carry out in coordination with 5
the Executive Agent for Classification and Declassifica-6
tion, are as follows: 7
‘‘(1) To develop directives to implement a uni-8
form system across the United States Government 9
for classifying, safeguarding, declassifying, and 10
downgrading of national security information. 11
‘‘(2) To oversee implementation of such direc-12
tives by agencies through establishment of strategic 13
goals and objectives and periodic assessment of 14
agency performance vis-a`-vis such goals and objec-15
tives. 16
‘‘(d) A
NNUALREPORT.—Each fiscal year, the direc-17
tor of the Office shall submit to Congress a report on the 18
execution of the duties of the director under subsection 19
(c). 20
‘‘(e) F
UNDING.— 21
‘‘(1) A
UTHORIZATION OF APPROPRIATIONS .— 22
There are authorized to be appropriated to carry out 23
this section amounts as follows: 24
‘‘(A) $5,000,000 for fiscal year 2024. 25
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‘‘(B) For fiscal year 2025 and each fiscal 1
year thereafter, such sums as may be necessary 2
to carry out this section. 3
‘‘(2) B
UDGET ESTIMATES.—In each budget that 4
the President submits to Congress for a fiscal year 5
under section 1105(a) of title 31, United States 6
Code, the President shall include an estimate of the 7
amounts required to carry out this section in that 8
fiscal year.’’. 9
TITLE II—REDUCING 10
OVERCLASSIFICATION 11
SEC. 201. CLASSIFICATION AND DECLASSIFICATION OF IN-12
FORMATION. 13
(a) I
NGENERAL.—Title VIII of the National Secu-14
rity Act of 1947, as amended by title I of this Act, is 15
further amended by adding at the end the following: 16
‘‘Subtitle D—Classification and 17
Declassification 18
‘‘SEC. 821. CLASSIFICATION AND DECLASSIFICATION OF IN-19
FORMATION. 20
‘‘(a) I
NGENERAL.—The President may, in accord-21
ance with this title, protect from unauthorized disclosure 22
any information owned by, produced by or for, or under 23
the control of the executive branch when there is a demon-24
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strable need to do so in order to protect the national secu-1
rity of the United States. 2
‘‘(b) E
STABLISHMENT OF STANDARDS AND PROCE-3
DURES FORCLASSIFICATION ANDDECLASSIFICATION.— 4
‘‘(1) G
OVERNMENTWIDE PROCEDURES .— 5
‘‘(A) C
LASSIFICATION.—The President 6
shall, to the extent necessary, establish cat-7
egories of information that may be classified 8
and procedures for classifying information 9
under subsection (a). 10
‘‘(B) D
ECLASSIFICATION.—At the same 11
time the President establishes categories and 12
procedures under subparagraph (A), the Presi-13
dent shall establish procedures for declassifying 14
information that was previously classified. 15
‘‘(C) M
INIMUM REQUIREMENTS .—The pro-16
cedures established pursuant to subparagraphs 17
(A) and (B) shall— 18
‘‘(i) permit the classification of infor-19
mation only in cases in which the informa-20
tion meets the standard set forth in sub-21
section (c) and require the declassification 22
of information that does not meet such 23
standard; 24
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‘‘(ii) provide for no more than two lev-1
els of classification; 2
‘‘(iii) provide for the declassification 3
of information classified under this title in 4
accordance with subsection (d); 5
‘‘(iv) provide for the automatic declas-6
sification of classified records with perma-7
nent historical value in accordance with 8
subsection (e); and 9
‘‘(v) provide for the timely review of 10
materials submitted for prepublication re-11
view in accordance with subsection (g). 12
‘‘(2) N
OTICE AND COMMENT .— 13
‘‘(A) N
OTICE.—The President shall pub-14
lish in the Federal Register notice regarding 15
the categories and procedures proposed to be 16
established under paragraph (1). 17
‘‘(B) C
OMMENT.—The President shall pro-18
vide an opportunity for interested persons to 19
submit comments on the categories and proce-20
dures covered by subparagraph (A). 21
‘‘(C) D
EADLINE.—The President shall 22
complete the establishment of categories and 23
procedures under this subsection not later than 24
60 days after publishing notice in the Federal 25
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Register under subparagraph (A). Upon com-1
pletion of the establishment of such categories 2
and procedures, the President shall publish in 3
the Federal Register notice regarding such cat-4
egories and procedures. 5
‘‘(3) M
ODIFICATION.—In the event the Presi-6
dent determines to modify any categories or proce-7
dures established under paragraph (1), subpara-8
graphs (A) and (B) of paragraph (2) shall apply to 9
the modification of such categories or procedures. 10
‘‘(4) A
GENCY STANDARDS AND PROCEDURES .— 11
‘‘(A) I
N GENERAL.—The head of each 12
agency shall establish a single set of consoli-13
dated standards and procedures to permit such 14
agency to classify and declassify information 15
created by such agency in accordance with the 16
categories and procedures established by the 17
President under this section and otherwise to 18
carry out this title. 19
‘‘(B) D
EADLINE.—Each agency head shall 20
establish the standards and procedures under 21
subparagraph (A) not later than 60 days after 22
the date on which the President publishes no-23
tice under paragraph (2)(C) of the categories 24
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and standards established by the President 1
under this subsection. 2
‘‘(C) S
UBMITTAL TO CONGRESS .—Each 3
agency head shall submit to Congress the 4
standards and procedures established by such 5
agency head under this paragraph. 6
‘‘(c) S
TANDARD FORCLASSIFICATION ANDDECLAS-7
SIFICATION.— 8
‘‘(1) I
N GENERAL.—Subject to paragraphs (2) 9
and (3), information may be classified under this 10
title, and classified information under review for de-11
classification under this title may remain classified, 12
only if the harm to national security that might rea-13
sonably be expected from disclosure of such informa-14
tion outweighs the public interest in disclosure of 15
such information. 16
‘‘(2) D
EFAULT RULES.— 17
‘‘(A) D
EFAULT WITH RESPECT TO CLASSI -18
FICATION.—In the event of significant doubt 19
whether the harm to national security that 20
might reasonably be expected from the disclo-21
sure of information would outweigh the public 22
interest in the disclosure of such information, 23
such information shall not be classified. 24
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‘‘(B) DEFAULT WITH RESPECT TO DE -1
CLASSIFICATION.—In the event of significant 2
doubt whether the harm to national security 3
that might reasonably be expected from the dis-4
closure of information previously classified 5
under this title would outweigh the public inter-6
est in the disclosure of such information, such 7
information shall be declassified. 8
‘‘(3) C
RITERIA.—For purposes of this sub-9
section, in determining the harm to national security 10
that might reasonably be expected from disclosure of 11
information, and the public interest in the disclosure 12
of information, the official making the determination 13
shall consider the following: 14
‘‘(A) With regard to the harm to national 15
security that might reasonably be expected from 16
disclosure of information, whether or not disclo-17
sure of the information would— 18
‘‘(i) reveal the identity of a confiden-19
tial human source, or reveal information 20
about the application of an intelligence 21
source or method, or reveal the identity of 22
a human intelligence source when the un-23
authorized disclosure of that source would 24
clearly and demonstrably damage the na-25
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tional security interests of the United 1
States; 2
‘‘(ii) reveal information that would as-3
sist in the development or use of weapons 4
of mass destruction; 5
‘‘(iii) reveal information that would 6
impair United States cryptologic systems 7
or activities; 8
‘‘(iv) reveal information that would 9
impair the application of state of the art 10
technology within a United States weapons 11
system; 12
‘‘(v) reveal actual United States mili-13
tary war plans that remain in effect; 14
‘‘(vi) reveal information that would se-15
riously and demonstrably impair relations 16
between the United States and a foreign 17
government, or seriously and demonstrably 18
undermine ongoing diplomatic activities of 19
the United States; 20
‘‘(vii) reveal information that would 21
clearly and demonstrably impair the cur-22
rent ability of United States Government 23
officials to protect the President, Vice 24
President, and other officials for whom 25
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protection services, in the interest of na-1
tional security, are authorized; 2
‘‘(viii) reveal information that would 3
seriously and demonstrably impair current 4
national security emergency preparedness 5
plans; or 6
‘‘(ix) violate a statute, treaty, or inter-7
national agreement. 8
‘‘(B) With regard to the public interest in 9
disclosure of information— 10
‘‘(i) whether or not disclosure of the 11
information would better enable United 12
States citizens to hold Government officials 13
accountable for their actions and policies; 14
‘‘(ii) whether or not disclosure of the 15
information would assist the United States 16
criminal justice system in holding persons 17
responsible for criminal acts or acts con-18
trary to the Constitution; 19
‘‘(iii) whether or not disclosure of the 20
information would assist Congress, or any 21
committee or subcommittee thereof, in car-22
rying out its oversight responsibilities with 23
regard to the executive branch or in ade-24
quately informing itself of executive branch 25
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policies and activities in order to carry out 1
its legislative responsibilities; 2
‘‘(iv) whether the disclosure of the in-3
formation would assist Congress or the 4
public in understanding the interpretation 5
of the Federal Government of a provision 6
of law, including Federal regulations, pres-7
idential directives, statutes, case law, and 8
the Constitution of the United States; or 9
‘‘(v) whether or not disclosure of the 10
information would bring about any other 11
significant benefit, including an increase in 12
public awareness or understanding of Gov-13
ernment activities or an enhancement of 14
Government efficiency. 15
‘‘(4) W
RITTEN JUSTIFICATION FOR CLASSIFICA -16
TION.— 17
‘‘(A) O
RIGINAL CLASSIFICATION .—Each 18
agency official who makes a decision to classify 19
information not previously classified shall, at 20
the time of the classification decision— 21
‘‘(i) identify himself or herself; and 22
‘‘(ii) provide in writing a detailed jus-23
tification of that decision. 24
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‘‘(B) DERIVATIVE CLASSIFICATION .—In 1
any case in which an agency official or con-2
tractor employee classifies a document on the 3
basis of information previously classified that is 4
included or referenced in the document, the of-5
ficial or employee, as the case may be, shall— 6
‘‘(i) identify himself or herself in that 7
document; and 8
‘‘(ii) use a concise notation, or similar 9
means, to document the basis for that deci-10
sion. 11
‘‘(5) C
LASSIFICATION PROHIBITIONS AND LIMI -12
TATIONS.— 13
‘‘(A) I
N GENERAL.—In no case shall infor-14
mation be classified, continue to be maintained 15
as classified, or fail to be declassified in order— 16
‘‘(i) to conceal violations of law, ineffi-17
ciency, or administrative error; 18
‘‘(ii) to prevent embarrassment to a 19
person, organization, or agency; 20
‘‘(iii) to restrain competition; or 21
‘‘(iv) to prevent or delay the release of 22
information that does not require protec-23
tion in the interest of the national security. 24
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‘‘(B) BASIC SCIENTIFIC RESEARCH.—Basic 1
scientific research information not clearly re-2
lated to the national security shall not be classi-3
fied. 4
‘‘(C) R
ECLASSIFICATION.—Information 5
may not be reclassified after being declassified 6
and release to the public under proper authority 7
unless personally approved by the President 8
based on a determination that such reclassifica-9
tion is required to prevent significant and de-10
monstrable damage to the national security. 11
‘‘(d) D
ECLASSIFICATION OF INFORMATIONCLASSI-12
FIEDUNDERACT.— 13
‘‘(1) I
N GENERAL.—No information may re-14
main classified indefinitely. 15
‘‘(2) M
AXIMUM PERIOD OF CLASSIFICATION .— 16
Except as provided in paragraphs (3), (4), and (5), 17
information may not remain classified under this 18
title after the date that is 25 years after the date 19
of the original classification of the information. 20
‘‘(3) E
ARLIER DECLASSIFICATION .—When 21
classifying information under this title, an agency 22
official may provide for the declassification of the in-23
formation as of a date or event that is earlier than 24
the date otherwise provided for under paragraph (2). 25
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‘‘(4) LATER DECLASSIFICATION .—When 1
classifying information under this title, an agency 2
official may provide for the declassification of the in-3
formation on the date that is 50 years after the date 4
of the classification if the head of the agency— 5
‘‘(A) determines that there is no likely set 6
of circumstances under which declassification 7
would occur within the time otherwise provided 8
for under paragraph (2); 9
‘‘(B)(i) obtains the concurrence of the di-10
rector of the Information Security Oversight 11
Office in the determination; or 12
‘‘(ii) if the agency head seeks but is unable 13
to obtain concurrence under clause (i), obtains 14
the concurrence of the President; and 15
‘‘(C) submits to the President a certifi-16
cation of the determination. 17
‘‘(5) P
OSTPONEMENT OF DECLASSIFICATION .— 18
‘‘(A) I
N GENERAL.—The declassification of 19
any information or category of information that 20
would otherwise be declassified under para-21
graph (2) or (4) may be postponed, but only 22
with the personal approval of the President 23
based on a determination that such postpone-24
ment is required to prevent significant and de-25
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monstrable damage to the national security of 1
the United States. 2
‘‘(B) G
ENERAL DURATION OF POSTPONE -3
MENT.—Information the declassification of 4
which is postponed under this paragraph may 5
remain classified not longer than 10 years after 6
the date of the postponement, unless such clas-7
sification is renewed by the President. 8
‘‘(C) C
ONGRESSIONAL NOTIFICATION .— 9
Within 30 days of any postponement or renewal 10
of a postponement under this paragraph, the 11
President shall provide written notification to 12
Congress of such postponement or renewal that 13
describes the significant and demonstrable dam-14
age to the national security of the United 15
States that justifies such postponement or re-16
newal. 17
‘‘(6) B
ASIS FOR DETERMINATIONS .—An agency 18
official making a determination under this sub-19
section with respect to the duration of classification 20
of information, or the declassification of information, 21
shall make the determination required under sub-22
section (c) with respect to classification or declas-23
sification in accordance with an assessment of the 24
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criteria specified in paragraph (3) of such subsection 1
(c) that is current as of the determination. 2
‘‘(e) A
UTOMATICDECLASSIFICATION OFCLASSIFIED 3
R
ECORDS.— 4
‘‘(1) I
N GENERAL.—Except as provided in para-5
graph (2), all classified records that are more than 6
50 years old and have been determined to have per-7
manent historical value under title 44, United States 8
Code, shall be automatically declassified on Decem-9
ber 31 of the year that is 50 years after the date 10
on which the records were created, whether or not 11
the records have been reviewed. 12
‘‘(2) P
OSTPONEMENT.— 13
‘‘(A) A
GENCY POSTPONEMENT .—The head 14
of an agency may postpone automatic declas-15
sification under paragraph (1) of specific 16
records or information, or renew a period of 17
postponed automatic declassification, if the 18
agency head determines that disclosure of the 19
records or information would clearly and de-20
monstrably be expected— 21
‘‘(i) to reveal the identity of a con-22
fidential human source or a human intel-23
ligence source; or 24
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‘‘(ii) to reveal information that would 1
assist in the development, production, or 2
use of weapons of mass destruction. 3
‘‘(B) P
RESIDENTIAL POSTPONEMENT .— 4
The President may postpone automatic declas-5
sification under paragraph (1) of specific 6
records or information if the President deter-7
mines that such postponement is required to 8
prevent significant and demonstrable damage to 9
the national security of the United States. 10
‘‘(C) G
ENERAL DURATION OF POSTPONE -11
MENT.—A period of postponement automatic 12
declassification under this paragraph shall not 13
exceed 10 years after the date of the postpone-14
ment, unless renewed by the agency head who 15
postponed the automatic declassification or the 16
President. 17
‘‘(D) C
ONGRESSIONAL NOTIFICATION .— 18
Within 30 days of any postponement or renewal 19
of a postponement under this paragraph, the 20
agency head or President responsible for the 21
postponement shall provide written notification 22
to Congress of such postponement or renewal 23
that describes the justification for such post-24
ponement or renewal. 25
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‘‘(f) DECLASSIFICATION OF CURRENTCLASSIFIED 1
I
NFORMATION.— 2
‘‘(1) P
ROCEDURES.—The President shall estab-3
lish procedures for declassifying information that 4
was classified before the date of the enactment of 5
the Classification Reform Act of 2023. Such proce-6
dures shall, to the maximum extent practicable, be 7
consistent with the provisions of this section. 8
‘‘(2) A
UTOMATIC DECLASSIFICATION .—The pro-9
cedures established under paragraph (1) shall in-10
clude procedures for the automatic declassification 11
of information referred to in paragraph (1) that has 12
remained classified for more than 25 years as of 13
such date. 14
‘‘(3) N
OTICE AND COMMENT .— 15
‘‘(A) N
OTICE.—The President shall pub-16
lish notice in the Federal Register of the proce-17
dures proposed to be established under this sub-18
section. 19
‘‘(B) C
OMMENT.—The President shall pro-20
vide an opportunity for interested persons to 21
submit comments on the procedures covered by 22
subparagraph (A). 23
‘‘(C) D
EADLINE.—The President shall 24
complete the establishment of procedures under 25
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this subsection not later than 60 days after 1
publishing notice in the Federal Register under 2
subparagraph (A). Upon completion of the es-3
tablishment of such procedures, the President 4
shall publish in the Federal Register notice re-5
garding such procedures. 6
‘‘(g) P
REPUBLICATIONREVIEW.— 7
‘‘(1) I
N GENERAL.—The head of each agency 8
that requires personnel to sign a nondisclosure 9
agreement in accordance with Executive Order 10
12968 (50 U.S.C. 3161 note; relating to access to 11
classified information), or successor order, providing 12
for the submittal of materials for prepublication re-13
view, shall establish a process for the timely review 14
of such materials consistent with the requirements 15
of this title. 16
‘‘(2) R
EQUIREMENTS.—Each process estab-17
lished under paragraph (1) shall include the fol-18
lowing: 19
‘‘(A) Clear guidance on materials required 20
to be submitted and the means of submission. 21
‘‘(B) Mechanisms for ensuring consistent 22
decisionmaking across multiple agencies. 23
‘‘(C) Mechanisms for appeal of decisions 24
made in the course of the review process. 25
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‘‘(3) CENTRALIZED APPEAL .—The President 1
shall establish a mechanism for centralized appeal of 2
agency decisions made pursuant to this subsection.’’. 3
(b) C
ONFORMINGAMENDMENT TO FOIA.—Section 4
552(b)(1) of title 5, United States Code, is amended to 5
read as follows: 6
‘‘(1)(A) specifically authorized to be classified 7
under the Classification Reform Act of 2023, or spe-8
cifically authorized under criteria established by an 9
Executive order to be kept secret in the interest of 10
national security; and 11
‘‘(B) are in fact properly classified pursuant to 12
that Act or Executive order;’’. 13
(c) E
FFECTIVEDATE.— 14
(1) I
N GENERAL.—Section 821 of the National 15
Security Act of 1947, as added by subsection (a), 16
and the amendment made by subsection (b), shall 17
take effect on the date that is 180 days after the 18
date of the enactment of this Act. 19
(2) R
ELATION TO PRESIDENTIAL DIREC -20
TIVES.—Presidential directives regarding classifying, 21
safeguarding, and declassifying national security in-22
formation, including Executive Order 13526 (50 23
U.S.C. 3161 note; relating to classified national se-24
curity information), or successor order, in effect on 25
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the day before the date of the enactment of this Act, 1
as well as procedures issued pursuant to such Presi-2
dential directives, shall remain in effect until super-3
sede by procedures issues pursuant to section 821 of 4
the National Security Act of 1947, as added by sub-5
section (a). 6
SEC. 202. DECLASSIFICATION WORKING CAPITAL FUNDS. 7
Subtitle D of title VIII of the National Security Act 8
of 1947, as added by section 201, is further amended by 9
adding at the end the following: 10
‘‘SEC. 822. DECLASSIFICATION WORKING CAPITAL FUNDS. 11
‘‘(a) D
EFINITION OFCOVEREDAGENCY.—In this 12
section, the term ‘covered agency’ means an agency that 13
has original classification authority. 14
‘‘(b) P
ROGRAMSREQUIRED.—Not later than 90 days 15
after the date of the enactment of the Classification Re-16
form Act of 2023, each head of a covered agency shall 17
establish a program for the automatic declassification of 18
classified records that have permanent historical value. 19
‘‘(c) E
STIMATES.—Each head of a covered agency 20
shall ensure that the program established by the head pur-21
suant to subsection (b) includes a mechanism for esti-22
mating the number of classified records generated by each 23
subcomponent of the covered agency each fiscal year. 24
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‘‘(d) DECLASSIFICATION WORKING CAPITAL 1
F
UNDS.— 2
‘‘(1) E
STABLISHMENT.—For each covered 3
agency, there is established in the Treasury of the 4
United States a fund to be known as the ‘Declas-5
sification Working Capital Fund’ of the respective 6
covered agency. 7
‘‘(2) C
ONTENTS OF FUNDS .—Each fund estab-8
lished under paragraph (1) shall consist of the fol-9
lowing: 10
‘‘(A) Amounts transferred to the fund 11
under subsection (e). 12
‘‘(B) Amounts appropriated to the fund. 13
‘‘(3) A
VAILABILITY AND USE OF FUNDS .—Sub-14
ject to the concurrence of the Executive Agent for 15
Classification and Declassification, amounts in a 16
fund of a covered agency established by paragraph 17
(1) shall be available, without fiscal year limitation, 18
to promote and implement technological and auto-19
mated solutions that are interoperable across cov-20
ered agencies to support the programs of covered 21
agencies established pursuant to subsection (b). 22
‘‘(e) T
RANSFERS TO THE FUNDS.—Each head of a 23
covered agency shall issue regulations for the covered 24
agency, subject to review and approval by the Executive 25
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Agent for Classification and Declassification, that require 1
each subcomponent of the covered agency to transfer, on 2
a periodic basis, to the fund established for the covered 3
agency under subsection (c)(1), an amount for a period 4
that bears the same ratio to the total of amounts trans-5
ferred to the fund by all subcomponents of the covered 6
agency for that period as the ratio of— 7
‘‘(1) the estimate for the subcomponent pursu-8
ant to the mechanism required by subsection (c) for 9
that period; bears to 10
‘‘(2) the aggregate of all of the estimates for all 11
subcomponents of the Executive agency under such 12
mechanism for the same period.’’. 13
SEC. 203. TRANSPARENCY OFFICERS. 14
Section 1062(a) of the Intelligence Reform and Ter-15
rorism Prevention Act of 2004 (42 U.S.C. 2000ee–1(a)) 16
is amended— 17
(1) in paragraph (3), by striking ‘‘; and’’ and 18
inserting a semicolon; 19
(2) in paragraph (4)(C), by striking the period 20
at the end and inserting ‘‘; and’’; 21
(3) by adding at the end the following: 22
‘‘(5) assist the head of such department, agen-23
cy, or element and other officials of such depart-24
ment, agency, or element in identifying records of 25
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significant public interest and prioritizing appro-1
priate review of such records in order to facilitate 2
the public disclosure of such records in redacted or 3
unredacted form.’’; 4
(4) in paragraph (4), by redesignating subpara-5
graphs (A) through (C) as clauses (i) through (iii), 6
respectively, and indenting such clauses 2 ems to the 7
right; 8
(5) by redesignating paragraphs (1) through 9
(5) as subparagraphs (A) through (E), respectively, 10
and indenting such subparagraphs 2 ems to the 11
right; 12
(6) in the matter before subparagraph (A), as 13
redesignated by paragraph (5), by striking ‘‘The At-14
torney General’’ and inserting the following: 15
‘‘(1) I
N GENERAL.—The Attorney General’’; 16
and 17
(7) by adding at the end the following: 18
‘‘(2) D
ETERMINING PUBLIC INTEREST IN DIS -19
CLOSURE.—In assisting the head of a department, 20
agency, or element and other officials of such de-21
partment, agency, or element in identifying records 22
of significant public interest under subparagraph 23
(E) of paragraph (1), a senior officer designated 24
under such paragraph shall consider— 25
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‘‘(A) whether or not disclosure of the infor-1
mation would better enable United States citi-2
zens to hold Federal Government officials ac-3
countable for their actions and policies; 4
‘‘(B) whether or not disclosure of the in-5
formation would assist the United States crimi-6
nal justice system in holding persons respon-7
sible for criminal acts or acts contrary to the 8
Constitution; 9
‘‘(C) whether or not disclosure of the infor-10
mation would assist Congress, or any committee 11
or subcommittee thereof, in carrying out its 12
oversight responsibilities with regard to the ex-13
ecutive branch or in adequately informing itself 14
of executive branch policies and activities in 15
order to carry out its legislative responsibilities; 16
‘‘(D) whether the disclosure of the infor-17
mation would assist Congress or the public in 18
understanding the interpretation of the Federal 19
Government of a provision of law, including 20
Federal regulations, presidential directives, 21
statutes, case law, and the Constitution of the 22
United States; or 23
‘‘(E) whether or not disclosure of the in-24
formation would bring about any other signifi-25
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cant benefit, including an increase in public 1
awareness or understanding of Government ac-2
tivities or an enhancement of Federal Govern-3
ment efficiency.’’. 4
SEC. 204. CONTINUITY OF MEMBERSHIP OF THE PUBLIC IN-5
TEREST DECLASSIFICATION BOARD. 6
(a) C
ONTINUITY OF MEMBERSHIP.—Subsection 7
(c)(2) of section 703 of the Public Interest Declassifica-8
tion Act of 2000 (50 U.S.C. 3355a) is amended by adding 9
at the end the following: 10
‘‘(E) Notwithstanding the other provisions of 11
this paragraph, a member whose term has expired 12
may continue to serve until a successor is ap-13
pointed.’’. 14
(b) M
EETINGS.—Subsection (e) of such section is 15
amended, in the second sentence, by inserting ‘‘appointed’’ 16
before ‘‘members’’. 17
TITLE III—PREVENTING MIS-18
HANDLING OF CLASSIFIED IN-19
FORMATION 20
SEC. 301. SECURITY REVIEW OF CERTAIN RECORDS OF THE 21
PRESIDENT AND VICE PRESIDENT. 22
Title VIII of the National Security Act of 1947, as 23
amended by titles I and II of this Act, is further amended 24
by adding at the end the following: 25
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‘‘Subtitle E—Protection of 1
Classified Information 2
‘‘SEC. 831. SECURITY REVIEW OF CERTAIN RECORDS OF 3
THE PRESIDENT AND VICE PRESIDENT. 4
‘‘(a) D
EFINITIONS.—In this section: 5
‘‘(1) A
RCHIVIST, DOCUMENTARY MATERIAL , 6
PRESIDENTIAL RECORDS , PERSONAL RECORDS .— 7
The terms ‘Archivist’, ‘documentary material’, ‘Pres-8
idential records’, and ‘personal records’ have the 9
meanings given such terms in section 2201 of title 10
44, United States Code. 11
‘‘(2) C
OMMINGLED OR UNCATEGORIZED 12
RECORDS.— 13
‘‘(A) I
N GENERAL.—Except as provided in 14
subparagraph (B), the term ‘commingled or 15
uncategorized records’ means all documentary 16
materials not categorized as Presidential 17
records or personal records upon their creation 18
or receipt and filed separately pursuant to sec-19
tion 2203(d) of title 44, United States Code. 20
‘‘(B) E
XCEPTION.—The term ‘commingled 21
or uncategorized records’ does not include docu-22
mentary materials that are— 23
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‘‘(i) official records of an agency (as 1
defined in section 552(f) of title 5, United 2
States Code); 3
‘‘(ii) stocks of publications and sta-4
tionery; or 5
‘‘(iii) extra copies of documents pro-6
duced only for convenience of reference, 7
when such copies are clearly so identified. 8
‘‘(3) O
FFICIAL RECORDS OF AN AGENCY .—The 9
term ‘official records of an agency’ means official 10
records of an agency within the meaning of such 11
terms in section 552 of title 5, United States. 12
‘‘(b) P
RESUMPTION OF PRESIDENTIALRECORDS.— 13
Commingled or uncategorized records shall be presumed 14
to be Presidential records, unless the President or Vice 15
President— 16
‘‘(1) categorizes the commingled or 17
uncategorized records as personal records in accord-18
ance with subsection (c); or 19
‘‘(2) determines the commingled or 20
uncategorized records are— 21
‘‘(A) official records of an agency; 22
‘‘(B) stocks of publications and stationery; 23
or 24
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‘‘(C) extra copies of documents produced 1
only for convenience of reference, when such 2
copies are clearly so identified. 3
‘‘(c) C
ATEGORIZING COMMINGLED OR 4
U
NCATEGORIZEDRECORDS ASPERSONALRECORDS.—At 5
any time during the President or Vice President’s term 6
of office, the President or Vice President may categorize 7
commingled or uncategorized records as personal records 8
if— 9
‘‘(1) the Archivist performs a security review of 10
the commingled or uncategorized records that is rea-11
sonably designed to identify records that contain 12
standard markings indicating that records contain 13
classified information; 14
‘‘(2) the President obtains written confirmation 15
from the Archivist that the review conducted pursu-16
ant to paragraph (1) did not identify any records 17
that contain standard markings indicating that 18
records contain classified information or, if such 19
markings were improperly applied, that such mark-20
ings have been corrected; and 21
‘‘(3) the President obtains written confirmation 22
from the Archivist that the Archivist is not aware of 23
any other requirement that would preclude catego-24
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rizing the commingled or uncategorized records as 1
personal records. 2
‘‘(d) R
EVIEW OFCOMMINGLED OR UNCATEGORIZED 3
R
ECORDS OFFORMERPRESIDENTS AND VICEPRESI-4
DENTS.— 5
‘‘(1) R
EQUESTS FOR REVIEW .—During the 6
180-day period following the end of the term of of-7
fice of a former President or Vice President— 8
‘‘(A) the former President or Vice Presi-9
dent may request that the Archivist review the 10
categorization of any commingled or 11
uncategorized records created or received dur-12
ing the term of the former President or Vice- 13
President; and 14
‘‘(B) the Archivist shall perform a security 15
review of the commingled or uncategorized 16
records pursuant to the request. 17
‘‘(2) A
CTIONS UPON COMPLETION OF RE -18
VIEW.—If, pursuant to a review under paragraph 19
(1), the Archivist determines that any commingled 20
or uncategorized records reviewed are improperly 21
categorized, the Archivist shall— 22
‘‘(A) submit to the President a rec-23
ommendation to correct the categorization of 24
the records; and 25
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‘‘(B) notify the former President or Vice- 1
President of that recommendation.’’. 2
SEC. 302. MANDATORY COUNTERINTELLIGENCE RISK AS-3
SESSMENTS. 4
(a) I
NGENERAL.—Subtitle E of title VIII of the Na-5
tional Security Act of 1947, as added by section 301, is 6
amended by adding at the end the following: 7
‘‘SEC. 832. MANDATORY COUNTERINTELLIGENCE RISK AS-8
SESSMENTS. 9
‘‘(a) M
ISHANDLING ORUNAUTHORIZEDDISCLOSURE 10
OFCLASSIFIEDINFORMATIONDEFINED.—In this section, 11
the term ‘mishandling or unauthorized disclosure of classi-12
fied information’ means any unauthorized storage, reten-13
tion, communication, confirmation, acknowledgment, or 14
physical transfer of classified information. 15
‘‘(b) A
SSESSMENTS.—The Director of the National 16
Counterintelligence and Security Center shall prepare a 17
written assessment of the risk to national security from 18
any mishandling or unauthorized disclosure of classified 19
information involving the conduct of the President, Vice 20
President, or an official listed in Level I of the Executive 21
Schedule under section 5312 of title 5, United States 22
Code, within 90 days of the detection of such mishandling 23
or unauthorized disclosure. 24
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‘‘(c) DESCRIPTION OFRISKS.—A written assessment 1
prepared pursuant to subsection (b) shall describe the risk 2
to national security if the classified information were to 3
be exposed in public or to a foreign adversary. 4
‘‘(d) S
UBMITTAL OF ASSESSMENTS.—Each written 5
assessment prepared pursuant to subsection (b) shall be 6
submitted to Congress, in classified form, upon comple-7
tion.’’. 8
(b) P
ROSPECTIVEAPPLICATION.—Section 832 of 9
such Act, as added by subsection (a), shall apply to inci-10
dents of mishandling or unauthorized disclosure of classi-11
fied information (as defined in such section) detected on 12
or after the date of the enactment of this Act. 13
SEC. 303. MINIMUM STANDARDS FOR EXECUTIVE AGENCY 14
INSIDER THREAT PROGRAMS. 15
(a) D
EFINITIONS.—In this section, the terms ‘‘agen-16
cy’’ and ‘‘classified information’’ have the meanings given 17
such terms in section 800 of the National Security Act 18
of 1947, as added by section 2. 19
(b) E
STABLISHMENT OF INSIDERTHREATPRO-20
GRAMS.—Each head of an agency with access to classified 21
information shall establish an insider threat program to 22
protect classified information from unauthorized disclo-23
sure. 24
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(c) MINIMUMSTANDARDS.—In carrying out an in-1
sider threat program established by the head of an agency 2
pursuant to subsection (b), the head of the agency shall— 3
(1) designate a senior official of the agency who 4
shall be responsible for management of the program; 5
(2) monitor user activity on all classified net-6
works in order to detect activity indicative of insider 7
threat behavior; 8
(3) build and maintain an insider threat ana-9
lytic and response capability to review, assess, and 10
respond to information obtained pursuant to para-11
graph (2); and 12
(4) provide insider threat awareness training to 13
all cleared employees within 30 days of entry-on- 14
duty or granting of access to classified information 15
and annually thereafter. 16
(d) A
NNUALREPORTS.—Not less frequently that 17
once each year, the Director of National Intelligence shall, 18
serving as the Security Executive Agent under section 803 19
of the National Security Act of 1947 (50 U.S.C. 3162a), 20
submit to Congress an annual report on the compliance 21
of agencies with respect to the requirements of this sec-22
tion. 23
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TITLE IV—OTHER MATTERS 1
SEC. 401. PROHIBITIONS. 2
(a) W
ITHHOLDING INFORMATION FROMCON-3
GRESS.—Nothing in this Act or an amendment made by 4
this Act shall be construed to authorize the withholding 5
of information from Congress. 6
(b) J
UDICIALREVIEW.—Except in the case of the 7
amendment to section 552 of title 5, United States Code, 8
made by section 201(b), no person may seek or obtain ju-9
dicial review of any provision of this Act or any action 10
taken under a provision of this Act. 11
SEC. 402. CONFORMING AMENDMENT. 12
Section 804 of the National Security Act of 1947 (50 13
U.S.C. 3163) is amended by striking ‘‘this title’’ and in-14
serting ‘‘sections 801 and 802’’. 15
SEC. 403. CLERICAL AMENDMENT. 16
The table of contents for the National Security Act 17
of 1947 is amended by striking the items relating to title 18
VIII and inserting the following: 19
‘‘TITLE VIII—PROTECTION OF NATIONAL SECURITY
INFORMATION
‘‘Subtitle A—Definitions
‘‘Sec. 800. Definitions.
‘‘Subtitle B—Access to Classified Information Procedures
‘‘Sec. 801. Procedures.
‘‘Sec. 802. Requests by authorized investigative agencies.
‘‘Sec. 803. Security Executive Agent.
‘‘Sec. 804. Exceptions.
‘‘Subtitle C—Security Classification Governance
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‘‘Sec. 811. Executive Agent for Classification and Declassification.
‘‘Sec. 812. Executive Committee on Classification and Declassification Pro-
grams and Technology.
‘‘Sec. 813. Advisory bodies for Executive Agent for Classification and Declas-
sification.
‘‘Sec. 814. Information Security Oversight Office.
‘‘Subtitle D—Classification and Declassification
‘‘Sec. 821. Classification and declassification of information.
‘‘Sec. 822. Declassification working capital funds.
‘‘Subtitle E—Protection of Classified Information
‘‘Sec. 831. Security review of certain records of the President and Vice Presi-
dent.
‘‘Sec. 832. Mandatory counterintelligence risk assessments.’’.
Æ
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