,,ii #aafth ,,congress #b;d ,session ,s4 #dhjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #ai1 #bjbj ,mr4 ,murphy 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to establish the ,interagency ,security ,classification ,appeals ,panel1 to provide agency and higher level reviews of classification decisions1 to provide expedited review of classification decisions for members of ,congress1 and to provide protections for those challenging classification decisions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transparency in ,classification ,act of #bjbj4 #b4 ,findings ,congress makes the following findings3 7#a7 ,a fundamental tenet of democracy is the consent of the governed1 which requires public knowledge of governmental actions4 ,as a result1 few government powers are more sacred than the ability to decide which information should be withheld from the public4 7#b7 ,the protection of our national security requires that some of the work of the ,united ,states ,government be done such that this information is protected if its disclosure could cause serious or grave harm to national security and if such harm does not outweigh the public's right to know4 7#c7 ,although the executive branch of the ,federal ,government has a responsibility to weigh the public's right to know when making classification decisions1 it does not always do so due to errors of commission and omission4 7#d7 ,in order to ensure an informed public while simultaneously protecting certain information that would harm national security if divulged1 checks and balances are needed for the classification system4 7#e7 ,congress1 by virtue of its vital role in oversight1 has an interest and responsibility to address abuse and improper classification by the executive branch of the ,federal ,government4 7#f7 ,although section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act7 and other public access tools1 including ,mandatory ,declassification ,review pursuant to section #c4e of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 provide venues for declassifying records that would not harm national security if divulged1 the lengthy time frame for these appeals renders them ineffective in nourishing vital public debate4 7#g7 ,an accurate and limited classification system supports both the public's right to know and government effectiveness through enabling policy coordination1 reducing costs of maintaining information that need not be classified1 and protecting the integrity of the classification system4 7#h7 ,the national security of the ,united ,states is enhanced both by laws permitting national security agencies to occasionally limit access to sensitive national security information through the classification system1 such as ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 and by an open debate on decisions that affect the national security of the ,united ,states4 ,both are central to the proper functioning of the political institutions and democracy of the ,united ,states4 7#i7 ,allowing limitations on access as described in paragraph 7#h7 presents a potential for abuse1 where embarrassing or inconvenient information could be classified for reasons other than national security4 ,this is prohibited by law1 including by section #a4g of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information74 7#aj7 ,ensuring national security agencies use classification powers judiciously and in accordance with the laws described in paragraph 7#h7 requires a recourse for authorized classification holders1 including all members of ,congress1 to challenge classifications decisions of agencies and appeal agency-level classification decisions to an independent body4 7#aa7 ,since #aiie1 the ,interagency ,security ,classification ,appeals ,panel 7,,iscap7 has provided the public and users of the classification system with a valuable forum for further review of classification decisions4 7#ab7 ,since the founding of the ,interagency ,security ,classification ,appeals ,panel1 however1 the work of the ,panel has been constrained by a lack or resources1 including classified communication technology and dedicated staff1 as well as limited progress on much-needed governmentwide modernization of the classification system4 ,this has created a backlog of more than #a1jjj cases4 7#ac7 ,since #bjjj1 the ,public ,interest ,declassification ,board 7,,pidb7 has provided a vital role in supporting the public interest in classification policy and classification decisions1 including the vital role of responding to requests from ,congress to consider the classification decisions of specific records4 ,this advisory role plays a separate1 complementary role to the ,interagency ,security ,classification ,appeals ,panel1 which is able to declassify records through its appeal function4 7#ad7 ,section #bcjb7;b77#i77;,a7 of title #e1 ,united ,states ,code1 prohibits the head of an agency from taking or failing to take1 or threatening to take or fail to take1 a personnel action against certain employees because of the exercise of an appeal1 complaint1 or grievance right granted by any provision of law4 #c4 ,definitions ,in this ,act3 7#a7 ,agency1 classified material or record1 declassification1 and national security ,the terms agency1 classified material1 classified record1 declassification1 and national security have the meanings given such terms in section #gji of the ,public ,interest ,declassification ,act of #bjjj 7,public ,law #ajf-efg2 #ej ,u4,s4,c4 #ccee;g74 7#b7 ,authorized users of the classification system ,the term authorized user of the classification system means an official or contractor of the ,federal ,government who is authorized to access classified material or records4 7#c7 ,classification decision 7,a7 ,in general ,the term classification decision1 means a decision regarding whether any correspondence1 memorandum1 book1 plan1 map1 drawing1 diagram1 pictorial or graphic work1 photograph1 film1 microfilm1 sound recording1 videotape1 machine readable records1 and other documentary material1 regardless of physical form or characteristics1 requires protection against unauthorized disclosure in the interests of the national security of the ,united ,states4 7,b7 ,inclusion ,such term includes the following3 7i7 ,an original classification decision4 7ii7 ,a decision creating a derivative classification4 7iii7 ,a decision creating a classification by compilation4 7iv7 ,any decision creating any similar classification pursuant to a provision of law in effect on the day before the date of the enactment of this ,act4 7#d7 ,panel ,the term ,panel means the ,interagency ,security ,classification ,appeals ,panel established under section #d7;a74 #d4 ,interagency ,security ,classification ,appeals ,panel 7a7 ,establishment ,there is established within the executive branch of the ,united ,states a panel to be known as the ,interagency ,security ,classification ,appeals ,panel4 7b7 ,purposes ,the purposes of the ,panel are as follows3 7#a7 ,to provide the public and authorized users of the classification system1 including members of ,congress and employees and contractors of the legislative branch of the ,federal ,government who are authorized users of the classification system1 with a forum for further review of classification decisions made by the heads of agencies4 7#b7 ,to provide a member of ,congress a mechanism for expedited review of a classification decision that is relevant to an active public policy debate4 7c7 ,duties ,the duties of the ,panel are as follows3 7#a7 ,carrying out such activities as may be necessary for the purposes set forth under subsection 7b74 7#b7 ,conducting reviews under section #e7;b74 7#c7 ,such other duties as may be identified by the ,president4 7d7 ,membership 7#a7 ,composition ,subject to paragraphs 7#b7 and 7#c71 the ,panel shall be composed of #f members1 each of whom shall be appointed by one of the following3 7,a7 ,the ,secretary of ,state4 7,b7 ,the ,secretary of ,defense4 7,c7 ,the ,attorney ,general4 7,d7 ,the ,archivist of the ,united ,states4 7,e7 ,the ,director of ,national ,intelligence4 7,f7 ,the ,national ,security ,advisor4 7#b7 ,additional members under certain circumstances 7,a7 ,matters concerning the ,central ,intelligence ,agency ,subject to paragraph 7#c71 when the ,panel deliberates a matter concerning classified material or records that originated with the ,central ,intelligence ,agency or when dealing with a support activity associated with such a classified material or record1 the ,panel shall1 at the discretion of the ,director of the ,central ,intelligence ,agency1 consist of #g members as follows3 7i7 ,the #f members of the ,panel appointed under paragraph 7#a74 7ii7 ,one member appointed by the ,director of the ,central ,intelligence ,agency4 7,b7 ,matters concerning ,congress ,subject to paragraph 7#c77;,b71 when the ,panel deliberates a matter concerning classified material or records relating to congressional requests or reporting requirements1 the ,panel shall consist of #h members as follows3 7i7 ,the #f members of the ,panel appoints under paragraph 7#a74 7ii7 ,one member chosen by the ,secretary of the ,senate4 7iii7 ,one member chosen by the ,clerk of the ,house of ,representatives4 7#c7 ,qualifications and status 7,a7 ,federal employee status ,each member of the ,panel under paragraphs 7#a7 and 7#b77;,a7 shall be a full-time or permanent employee of the ,federal ,government who is in a senior-level position1 such as a member of the ,senior ,executive ,service4 7,b7 ,security clearance ,an individual may not be selected to be a member of the ,panel unless1 as of the day before the date of such selection1 the individual had a security clearance at a level appropriate for purposes of serving as a member of the ,panel4 7#d7 ,chairperson 7,a7 ,in general ,the members of the ,panel appointed under paragraph 7#a7 shall designate a chairperson from among the members of the ,panel4 7,b7 ,reporting ,the chairperson of the ,panel shall report directly to the ,director of the ,information ,security ,oversight ,office of the ,national ,archives and ,records ,administration4 7e7 ,administration 7#a7 ,executive secretary ,the ,director of the ,information ,security ,oversight ,office of the ,national ,archives and ,records ,administration shall serve as the executive secretary of the ,panel4 7#b7 ,program and administrative support ,the ,director shall provide program and administrative support for the ,panel4 7#c7 ,bylaws ,not later than #ahj days after the date of the enactment of this ,act1 the ,panel shall publish bylaws that clearly show how individuals described in section #e7;b77#a77;,a7 may submit requests under such section4 7f7 ,public observer 7#a7 ,in general ,the ,panel shall select a highly qualified1 public observer who shall-- 7,a7 participate in activities and deliberations of the ,panel2 7,b7 aid in transparency and provide an external1 historical perspective to inform ,panel deliberations2 and 7,c7 be vetted and provided an interim and permanent security clearance4 7#b7 ,qualifications ,the ,panel shall ensure that a person selected to serve as a public observer under paragraph 7#a7-- 7,a7 has significant experience in examining and assessing public access to classified files or decisions in an academic1 historic1 or advocacy role2 7,b7 has a history of independence and nonpartisan advocacy for transparency and open debate relating to government records2 and 7,c7 at the time of selection is not serving in a publicly elected office and has not served in a partisan elected office at any time during the #e-year period ending on the date of selection4 #e4 ,agency and higher level review of classification decisions 7a7 ,agency review of classification decisions 7#a7 ,in general ,each head of an agency shall establish a process under which-- 7,a7 an individual who is eligible to access classified material or a classified record that was the subject of a classification decision made by such head may request a review of such classification decision2 7,b7 the head of the agency reviews such classification decision pursuant to such request2 and 7,c7 the head of the agency revokes1 modifies1 or sustains such classification decision4 7#b7 ,elements ,under a process established by the head of an agency under paragraph 7#a7-- 7,a7 an individual who is eligible to access classified material or a classified record that was the subject of a classification decision made by such head shall be able to request a review of such decision by submitting to the head1 at any time1 the request in writing2 7,b7 except as provided in subparagraph 7,c71 for each request the head of the agency receives under subparagraph 7,a7 regarding a classification decision of the head of the agency1 the head of the agency shall-- 7i7 not later than #fj days after the date on which the head of the agency receives the request1 respond to the request by providing the requestor with-- 7,i7 an acknowledgment that the head of the agency received the request2 and 7,,ii7 a notice estimating when the head of the agency will complete a review of the request under subparagraph 7,b7 of paragraph 7#a7 and act on the request under subparagraph 7,c7 of such paragraph2 and 7ii7 not later than #abj days after the date on which the head of the agency receives the request-- 7,i7 complete a review of the request pursuant to subparagraph 7,b7 of paragraph 7#a72 and 7,,ii7 pursuant to such review1 act on the request under subparagraph 7,c7 of such paragraph2 7,c7 the head of the agency is not required to review a classification decision as described in subparagraph 7,b7 of paragraph 7#a7 or take an action under subparagraph 7,c7 of such paragraph if the classification decision was already reviewed pursuant to a substantially similar request under this subsection during the most recently #b-year period2 7,d7 the head of the agency may review a classification decision pertaining to classified material or a classified record that is subject to a request under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act72 7,e7 requests for review under this subsection and responses to such requests are not themselves treated as classified material or classified records2 7,f7 any classified material or classified record that is the subject of a request under this subsection remains classified under this subsection until the head of the agency changes such classification under paragraph 7#a77;,c7 or such classification is changed by the ,panel under subsection 7b77#c72 and 7,g7 priority is given to the review of a classification decision when an expedited review has been requested under subsection 7d77#b74 7b7 ,appeals for higher level review 7#a7 ,submittal 7,a7 ,in general ,an individual who is eligible to access classified material or a classified record that was the subject of a classification decision made by the head of an agency may submit to the ,panel a request to review such classification decision4 7,b7 ,manner ,a request submitted under subparagraph 7,a7 shall be submitted in writing4 7,c7 ,content 7i7 ,in general ,except as provided in clause 7ii71 a request submitted under subparagraph 7,a7 need not be more specific than questioning why classified material or a classified record is or is not classified at a certain level4 7ii7 ,minimum information ,a request submitted under subparagraph 7,a7 with respect to a classification decision shall contain enough information to enable the executive secretary of the ,panel to obtain pertinent documents about the request and the classification decision4 7iii7 ,no classified information 7,i7 ,in general ,except as provided in subclause 7,,ii71 a request submitted under subparagraph 7,a7 shall not include any classified material or records4 7,,ii7 ,arrangements ,if it is impossible for an individual to request under subparagraph 7,a7 a review of a classification decision without submitting classified material or a classified record along with the request1 the submitter of the request may do so after first contacting the ,panel and making prior arrangements for submittal of the classified material or classified record4 7,d7 ,electronic submission ,the ,panel shall establish and publicly announce an electronic mail address to which requests may be submitted under subparagraph 7,a74 7,e7 ,timeliness of requests ,a requests submitted to the ,panel under subparagraph 7,a7 shall be submitted not later than #fj days after-- 7i7 in a case in which the head of an agency provides a response to the submitter of the request in accordance with subsection 7a77#b77;,b71 the date of the final agency decision arrived at pursuant to a review carried out pursuant to the request2 or 7ii7 in a case in which the head of the agency fails to respond to the request in accordance with subsection 7a77#b77;,b71 the date that is #fj days after the date on which the request was submitted to the head of the agency4 7,f7 ,rejection of requests ,if the executive secretary of the ,panel determines that a request submitted under subparagraph 7,a7 is not submitted in accordance with the requirements of this section1 the executive secretary shall-- 7i7 notify the submitter of the request1 in writing1 that the request was not submitted in accordance with the requirements of this section2 and 7ii7 explain in detail how the request is deficient4 7#b7 ,review ,the ,panel shall review the following3 7,a7 ,a classification decision of the head of an agency pursuant to a request for review submitted under paragraph 7#a77;,a71 in a case in which the submitter of the request-- 7i7 previously submitted a request for review of the classification decision to the head of the agency in accordance with the process established by the head of the agency under subsection 7a72 and 7ii7 7,i7 received1 pursuant to such process1 a final decision arrived at pursuant to a review conducted pursuant to the request2 or 7,,ii7 did not receive a response as required by subsection 7a77#b77;,b74 7,b7 ,a classification decision of the head of an agency pursuant to a request for expedited review for ,congress submitted under subsection 7d77#c74 7#c7 ,resolution 7,a7 ,in general ,after reviewing a classification decision of the head of an agency under paragraph 7#b7 and using past precedent to inform and to improve the efficiency of decision making1 the ,panel may1 pursuant to a vote of the members of the panel-- 7i7 affirm the classification decision or a decision of the head arrived at pursuant to a review conducted pursuant to the process established by the head under subsection 7a72 7ii7 reverse a decision described in clause 7i71 in whole or in part2 or 7iii7 engage in dialogue with the head of the agency for further consideration of a decision described in clause 7i74 7,b7 ,votes ,a decision to reverse under subparagraph 7,a77ii7 shall be made with an affirmative vote of at least a majority of the members of the ,panel present for the vote4 7,c7 ,notification ,not later than #b business days after the ,panel decides to take an action under subparagraph 7,a7 pursuant to a request for a review of a classification decision of the head of an agency1 the executive secretary of the ,panel shall notify the submitter of the request and the head of the agency in writing of the decision of the ,panel4 7,d7 ,declassification 7i7 ,in general ,except as provided in clause 7ii71 #aj days after the executive secretary of the ,panel submits notice under subparagraph 7,c7 with respect to a decision of the ,panel that classified material or a classified record should be declassified in whole or in part under subparagraph 7,a71 the ,panel shall publish notice of the decision of the ,panel and the declassified material or record1 unless the ,president overrules the decision of the ,panel under subsection 7c74 7ii7 ,declassification pursuant to appeals from members of ,congress ,in a case of a decision described in clause 7i7 that is arrived at pursuant to a request for expedited review for a member of ,congress submitted under subsection 7d77#c71 the ,panel shall carry out clause 7i7 as if the reference to #aj days were a reference to #b days4 7#d7 ,administrative matters 7,a7 ,notice to agency heads ,if the ,panel receives a request under paragraph 7#a77;,a7 with respect to a classification decision of the head of an agency1 the executive secretary of the ,panel shall notify the head of the agency of such request4 7,b7 ,preparation of files ,for each request received by the ,panel under paragraph 7#a77;,a7 pursuant to which the ,panel will review a classification decision1 the executive secretary of the ,panel shall prepare a file and present pertinent portions of such file to the members of the ,panel before any votes are taken with respect to the review4 7,c7 ,classified material and records 7i7 ,in general ,after receiving a request under paragraph 7#a77;,a7 for review of a classification decision of the head of an agency1 the executive secretary of the ,panel shall arrange for the transmittal of relevant classified material and records from the agency4 7ii7 ,cooperation ,each head of an agency that receives a request from the executive secretary of the ,panel for classified material or records that pertain to the review of a classification decision of the head pursuant to a request submitted under paragraph 7#a77;,a7 or a mandatory declassification review shall1 within #c business days-- 7,i7 transmit the requested classified material1 records1 and documents to the executive secretary of the ,panel2 or 7,,ii7 provide the executive secretary of the ,panel with access to such material1 records1 and documents4 7,d7 ,website 7i7 ,in general ,the ,panel shall make available to the public on the website of the ,panel the following3 7,i7 ,a log of all requests for review submitted to the ,panel under paragraph 7#a77;,a74 7,,ii7 ,the status of each request logged under subclause 7,i74 7,,iii7 ,a log of all actions taken and decisions made by the ,panel under paragraph 7#c77;,a74 7,,iv7 ,a justification for each decision logged under subclause 7,,iii74 7ii7 ,requirements 7,i7 ,in general ,the ,panel shall ensure that the website of the ,panel serves as a public record to streamline decision making of the ,panel and assist those submitting appeals under this section as well as other functions of the ,panel in effect pursuant to an ,executive order that was in effect before the date of the enactment of this1 including functions relating to mandatory declassification review4 7,,ii7 ,technical accessibility ,information described in clause 7i71 and such other information as the ,panel considers relevant1 shall be published under such clause in a tabular format that is contemporaneously updated and allows for the tracking and monitoring of individual requests4 ,such action-tracking system shall support the processing of requests and be updated with modern technology and modern formats as the ,panel considers appropriate4 7#e7 ,protection of classified material and records ,any classified material or record that is the subject of a classification decision that is the subject of a request for review under this subsection shall remain classified unless and until a final decision is made to declassify it4 7#f7 ,maintenance of files ,the executive secretary of the ,panel shall maintain the files and records of the ,panel pertaining to requests for review under this subsection in accordance with chapter #bb of title #dd1 ,united ,states ,code 7known as the ,presidential ,records ,act74 7c7 ,review by the ,president 7#a7 ,petition for review 7,a7 ,in general ,except as provided in subparagraph 7,b71 during the #aj-;day period beginning on the date on which the head of an agency receives a notice under subparagraph 7,c7 of subsection 7b77#c7 that the ,panel has decided to take an action under subparagraph 7,a7 of such subsection with respect to a classification decision or other decision of the head of agency1 the head of the agency may submit to the ,president a petition to reverse or modify the decision of the ,panel4 7,b7 ,petition period for decisions pursuant to appeals from members of ,congress ,in a case of a decision to act as described in subparagraph 7,a7 that is arrived at pursuant to a request for expedited review for a member of ,congress submitted under subsection 7d77#c71 subparagraph 7,a7 shall apply as if the reference to #aj-;day period were a reference to #b-;day period4 7#b7 ,review and resolution 7,a7 ,in general ,in response to a petition under paragraph 7#a71 the ,president may overrule or modify any decision of the ,panel described in the petition4 7,b7 ,publication ,in a case in which the ,president acts to overrule or modify a decision of the ,panel under subparagraph 7,a71 such act shall be published under subsection 7b77#d77;,d7 in the same manner as an action or decision of the ,panel4 7d7 ,review for members of ,congress 7#a7 ,treatment of members of ,congress 7,a7 ,authority ,a member of ,congress may submit a request under subsection 7a7 for review of a classification decision of the head of an agency4 7,b7 ,treatment ,for purposes of this section and except as otherwise provided in this section1 a member of ,congress shall be treated as an individual who is eligible to access the classified material or a classified record that was the subject of a classification decision4 7#b7 ,expedited agency review for members of ,congress 7,a7 ,in general ,when a member of ,congress submits a request under subsection 7a7 for review of the classification decision of the head of an agency and the member of ,congress is a member of a committee of ,congress that has jurisdiction over such agency1 the member of ,congress may request that the review be conducted on an expedited basis4 7,b7 ,contents ,a request submitted under subparagraph 7,a7 for expedited review of a classification decision shall include the following3 7i7 ,an indication that the member of ,congress is requesting an expedited review of the classification decision4 7ii7 ,a justification described in subparagraph 7,c74 7,c7 ,justification 7i7 ,in general ,a justification described in this subparagraph regarding a request for an expedited review of a classification decision regarding classified materials or records is an explanation of the public interest in an expedited public release and access to such classified materials or records4 7ii7 ,justification requiring classified material or records ,in a case in which a justification cannot be made under subparagraph 7,b77ii7 by a member of ,congress without the use or presentation of classified material or records1 the member of ,congress shall make a prior arrangement with the head of the agency for such presentation4 7#c7 ,expedited higher level review for members of ,congress 7,a7 ,in general ,under any of the circumstances described in subparagraph 7,b71 a member of ,congress may submit a request to the ,panel for expedited review of a classification decision of the head of an agency or a decision of the head of an agency reached pursuant to a review under subsection 7a74 7,b7 ,circumstances ,the circumstances described in the subparagraph are the circumstances in which a member of ,congress-- 7i7 submits to the head of an agency a request for a review of the classification decision of the head of the agency under subsection 7a72 7ii7 the member of ,congress is a member of a committee of ,congress that has jurisdiction over such agency2 and 7iii7 7,i7 the member of ,congress is not satisfied with the response of the head of the agency under such subsection2 7,,ii7 the member of ,congress does not receive a response from the head of the agency in #e or fewer business days regarding the request for review2 or 7,,iii7 the head of the agency does not complete the requested review and decide on the matter set forth in the request in #aj or fewer business days4 7,c7 ,contents ,a request submitted under subparagraph 7,a7 shall include the following3 7i7 ,an indication that the member of ,congress is requesting an expedited review of the classification decision4 7ii7 ,a justification described in subparagraph 7,d74 7,d7 ,justification 7i7 ,in general ,a justification described in this subparagraph regarding a request for an expedited review of a decision concerning a classification decision that pertains to classified materials or records is an explanation of the public interest in an expedited public release and access to such classified materials or records4 7ii7 ,justification requiring classified material or records ,in a case in which a justification cannot be made under subparagraph 7,c77ii7 by a member of ,congress without the use or presentation of classified material or records1 the member of ,congress shall make a prior arrangement with the ,panel for such presentation4 7,e7 ,priority consideration ,if the ,panel receives a request under subparagraph 7,a7 and determines that the justification included under subparagraph 7,c77ii7 is valid1 the ,panel shall prioritize review of the matters covered by the request over all other pending reviews before the ,panel4 7e7 ,right to informal inquiry 7#a7 ,in general ,an individual who is eligible to access classified material or a classified record may informally question the classification of such material or record4 7#b7 ,sense of ,congress ,it is the sense of ,congress that an individual who is eligible to access classified material or a classified record and who wishes to challenge such classification should do so informally before submitting a request for review under subsection 7a74 7f7 ,protections 7#a7 ,definitions ,in this subsection3 7,a7 ,contractor employee ,the term contractor employee means an employee of a contractor1 subcontractor1 grantee1 subgrantee1 or personal services contractor1 of an agency4 7,b7 ,covered individual ,the term covered individual means an employee of an agency or a contractor employee-- 7i7 who1 under this section1 is eligible to request a review of a classification decision2 and 7ii7 for whom the protection under section #bcjb7;b77#i7 of title #e1 ,united ,states ,code1 does not apply4 7,c7 ,personnel action ,the term personnel action means1 with respect to a covered individual-- 7i7 an appointment2 7ii7 a promotion2 7iii7 an action under chapter #ge of title #e1 ,united ,states ,code1 or other disciplinary or corrective action2 7iv7 a detail1 transfer1 or reassignment2 7v7 a reinstatement2 7vi7 a restoration2 7vii7 a reemployment2 7viii7 a performance evaluation under chapter #dc of title #e1 ,united ,states ,code1 or under title #ch1 ,united ,states ,code2 7ix7 a decision concerning pay1 benefits1 or awards1 or concerning education or training if the education or training may reasonably be expected to lead to an appointment1 promotion1 performance evaluation1 or other action described in this subparagraph2 7x7 a decision to order psychiatric testing or examination2 7xi7 the implementation or enforcement of any nondisclosure policy1 form1 or agreement2 and 7xii7 any other significant change in duties1 responsibilities1 or working conditions4 7#b7 ,prohibition ,any employee of an agency or contractor employee who has authority to take1 direct others to take1 recommend1 or approve any personnel action1 shall not1 with respect to such authority1 take or fail to take1 or threaten to take or fail to take1 any personnel action against any covered individual because the covered individual-- 7,a7 exercises the right of the covered individual under subsection 7e7 to question informally the classification of a classified material or record2 7,b7 refuses to obey an order that would require the covered individual to violate1 with respect to a classification decision1 a law1 rule1 or regulation2 or 7,c7 exercises the right of the covered individual1 under this section1 to request a review of a classification decision4 #f4 ,authorization of appropriations ,there is authorized to be appropriated to carry out sections #d and #e1 #c1jjj1jjj for fiscal year #bjba4 #g4 ,submittal of reports in unclassified form pursuant to ,war ,powers ,resolution ,section #d of the ,war ,powers ,resolution 7#ej ,u4,s4,c4 #aedc7 is amended by adding at the end the following new subsection3 7d7 7#a7 ,each report submitted under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7#b7 ,the unclassified portion of each report submitted under subsection 7a7 shall be made available to the public4 4 #h4 ,rules of construction 7a7 ,preservation of authority of ,president ,nothing in this ,act shall be construed to alter the authority of the ,president to determine access to classified material and records4 7b7 ,preservation ,nothing in this ,act shall be construed to alter a function of the ,panel that was in effect pursuant to an ,executive order that was in effect before the date of the enactment of this ,act and that is not covered by a provision of this ,act4