,,ii #aahth ,,congress #b;d ,session ,s4 #dfdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #i1 #bjbd,mr4 ,peters 7for himself and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to require the ,president to establish a task force on streamlining the classified national security information system and narrowing of the criteria for classification of information1 to make improvements with respect to such classification system1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,classification ,reform for ,transparency ,act of #bjbd4 #b4 ,definitions ,in this ,act3 7#a7 ,classification ,the term classification means the act or process by which information is determined to be classified information4 7#b7 ,classification system ,the term classification system means the system of the ,federal ,government for classification and declassification4 7#c7 ,classified information ,the term classified information has the meaning given the term classified information of the ,united ,states in section #aibd7;c7 of title #ah1 ,united ,states ,code4 7#d7 ,declassification ,the term declassification means the authorized change in the status of information from classified information to unclassified information4 7#e7 ,executive agency ,the term ,executive agency has the meaning given such term in section #aje of title #e1 ,united ,states ,code4 7#f7 ,information ,the term information means any knowledge that can be communicated or documentary material1 regardless of its physical form or characteristics1 that is owned by1 is produced by or for1 or is under the control of the ,federal ,government4 7#g7 ,national ,declassification ,center ,the term ,national ,declassification ,center means the ,national ,declassification ,center established by section #c4g of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor center4 7#h7 ,panel ,the term ,panel means the ,interagency ,security ,classification ,appeals ,panel established by section #e4c of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor panel4 #c4 ,classification prohibitions and limitations 7a7 ,in general ,notwithstanding any other provision of law1 in no case shall information be classified1 continue to be maintained as classified1 or fail to be declassified in order-- 7#a7 to conceal a violation of law1 inefficiency1 mismanagement1 or administrative error2 7#b7 to prevent embarrassment to a person1 organization1 or element of the ,federal ,government2 7#c7 to restrain competition2 or 7#d7 to prevent or delay the release of information that does not require protection in the interest of the national security4 7b7 ,basic scientific research ,basic scientific research information not clearly related to the national security of the ,united ,states shall not be classified4 7c7 ,reclassification 7#a7 ,in general ,except as provided in paragraph 7#b71 information may not be reclassified after declassification and release to the public under proper authority4 7#b7 ,waiver ,the ,national ,security ,advisor may authorize the reclassification of information after declassification and release as described in paragraph 7#a7 in a case in which the ,national ,security ,advisor determines that doing so is in the interest of national security4 #d4 ,task force on streamlining classification system and narrowing of classification criteria 7a7 ,establishment required ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall establish a task force to streamline the classification system and to narrow the criteria for classification4 7b7 ,membership ,the task force established pursuant to subsection 7a7 shall be composed of members selected as follows3 7#a7 ,at least #a member selected by the ,director of ,national ,intelligence4 7#b7 ,at least #a member selected by the ,archivist of the ,united ,states4 7#c7 ,at least #a member selected by the ,secretary of ,defense4 7#d7 ,at least #a member selected by the ,secretary of ,state4 7#e7 ,at least #a member selected by the ,attorney ,general4 7#f7 ,such additional members as the ,president considers appropriate4 7c7 ,duties ,the duties of the task force established pursuant to subsection 7a7 are as follows3 7#a7 ,to create a plan for phasing out the use in the classification system of the classification level designated as ,confidential4 7#b7 ,to develop specific guidance on the precise meaning of damage to the national security as it pertains to ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order4 7#c7 ,to develop specific guidance on the precise meaning of intelligence sources or methods as it pertains to such ,executive order4 7#d7 ,to develop additional guidance related to narrowing the criteria for classification and the exemptions from automatic declassification4 7d7 ,deadline and report ,not later than #a year after the date on which the ,president establishes the task force required by subsection 7a71 the task force shall-- 7#a7 complete the duties set forth under subsection 7c72 and 7#b7 submit to ,congress and make publicly available a report with the plan created under paragraph 7#a7 of subsection 7c7 and the guidance developed under paragraphs 7#b7 and 7#c7 of such subsection4 #e4 ,automatic expiration of classification status 7a7 ,automatic expiration 7#a7 ,in general ,subject to subsection 7b71 the classification marking on any information that is more than #ej years old shall be considered expired1 and the information shall be considered unclassified4 7#b7 ,effective date ,paragraph 7#a7 shall take effect on the date that is #c years after the date of the enactment of this ,act4 7b7 ,authority ,to exempt ,the ,president may1 as the ,president considers appropriate1 exempt specific information from the requirement of subsection 7a77#a7 pursuant to a request received by the ,president pursuant to subsection 7c74 7c7 ,requests for exemptions ,in extraordinary cases1 the head of an ,executive agency may request from the ,president an exemption to the requirement of subsection 7a77#a7 for specific information that reveals-- 7#a7 the identity of a human source or human intelligence source in a case in which the source or a relative of the source is alive and disclosure would present a clear danger to the safety of the source or relative2 7#b7 a key design concept of a weapon of mass destruction2 or 7#c7 information that would result in critical harm to ongoing or future operations4 7d7 ,notification 7#a7 ,definition of appropriate committees of ,congress ,in this subsection1 the term appropriate committee of ,congress means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,oversight and ,accountability and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,in general ,if an exemption is requested pursuant to subsection 7c71 the ,president shall1 not later than #cj days after the date on which the ,president approves or rejects the requested exemption1 submit to ,congress1 including the appropriate committees of ,congress1 notice of such approval or rejection4 7#c7 ,contents ,each notice submitted pursuant to paragraph 7#b7 for an approval or rejection shall include a justification for the approval or rejection4 7#d7 ,form ,to the degree practicable1 each notice submitted pursuant to paragraph 7#b7 shall be submitted in unclassified form4 #f4 ,reforms of the classification system 7a7 ,declassification authority of ,national ,declassification ,center ,beginning #a year after the date that the ,national ,declassification ,center refers any information that is among the holdings of the ,national ,archives and eligible for automatic declassification pursuant to ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order1 to any relevant ,executive agency for review and if such ,executive agency has not completed the review1 the ,national ,declassification ,center may declassify the information without requiring review by or approval for declassification or release from any ,executive agency4 7b7 ,incorporation of ,interagency ,security ,classification ,appeals ,panel in classification and declassification guidance 7#a7 ,decisions of panel as binding precedent ,decisions of the ,panel shall create a binding precedent on each ,executive agency with respect to the classification status of information subject to the decision1 unless the decision is overturned by the ,president4 7#b7 ,timing of binding precedent ,decisions of the ,panel shall become binding on each ,executive agency after an appeal-- 7,a7 is not exercised by an agency2 or 7,b7 is rejected by the ,president4 7#c7 ,incorporation of decisions into guidance ,the ,national ,declassification ,center and each head of an ,executive agency shall incorporate decisions of the ,panel into classification and declassification guidance as may be applicable4 7#d7 ,congressional oversight 7,a7 ,definition of appropriate committees of ,congress ,in this paragraph1 the term appropriate committee of ,congress means-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,select ,committee on ,intelligence of the ,senate2 and 7ii7 the ,committee on ,oversight and ,accountability and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7,b7 ,annual report ,each year1 the ,panel shall submit to the appropriate committees of ,congress an annual report summarizing the decisions of the ,panel for the year covered by the report and the precedents that were created4 7c7 ,declassification upon request of ,congress 7#a7 ,in general ,not later than #ij days after the date on which the head of an ,executive agency receives a request from a chair1 vice-chair1 or ranking member of an appropriate committee of ,congress for declassification of specific information in the possession of the ,executive agency1 the head of the ,executive agency shall-- 7,a7 review the information for declassification2 and 7,b7 provide the member of ,congress-- 7i7 the declassified information or document2 or 7ii7 notice that1 pursuant to review under subparagraph 7,a71 the information is not being declassified1 along with a justification for not declassifying the information4 7#b7 ,complex or lengthy requests ,in a case in which the head of an ,executive agency receives a request as described in paragraph 7#a7 and the head determines that such request is particularly complex or lengthy1 such paragraph shall be applied by substituting #ahj days for #ij days4 7d7 ,mandatory declassification review for matters in the public interest ,the ,president shall require that the mandatory declassification review process established pursuant to ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order1 include-- 7#a7 a process by which members of the public may request declassification of information in cases in which-- 7,a7 the information meets the standards for classification2 and 7,b7 the public interest in disclosure would outweigh the national security harm that could reasonably be expected to result from disclosure of the information2 and 7#b7 an expedited process for consideration of declassification of information in cases in which there is urgency to inform the public concerning actual or alleged ,federal ,government activity4 7e7 ,remediation ,to address excessive classification and insufficient declassification actions of employees and contractors 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 each head of an ,executive agency shall develop and implement1 in consultation with the ,director of the ,office of ,personnel ,management1 the ,director of ,national ,intelligence1 and the ,director of the ,information ,security ,oversight ,office1 a system that includes the following elements3 7,a7 ,periodic audits1 or other evidence-based approaches1 to identify and correct agency-wide trends in employees of ,executive agencies who knowingly1 willfully1 negligently1 or frequently classify information-- 7i7 that does not meet the standard for classification set forth in the applicable ,executive order or statute2 or 7ii7 at a higher level than warranted under the applicable ,executive order or statute4 7,b7 ,remedial measures or administrative penalties1 as may be appropriate1 including reprimand1 suspension without pay1 removal1 termination of classification authority1 loss or denial of access to classified information1 or other sanctions in accordance with applicable law and agency regulation4 7,c7 ,at a minimum1 the prompt removal of the classification authority of any individual who demonstrates reckless disregard or a pattern of error in applying the classification standards of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order4 7,d7 ,periodic reevaluation for employees who are identified pursuant to subparagraph 7,a74 7,e7 ,development of criteria to incorporate responsible use of the classification system in the performance standards and reviews of employees whose duties significantly involve the creation or handling of classified information4 7,f7 ,a safe harbor for employees who fail to apply classification markings to1 or otherwise protect1 classified information in cases in which-- 7i7 the employee identifies significant ambiguity as to the classification status of the information2 or 7ii7 the failure is an isolated or rare instance and is neither willful1 knowing1 or negligent4 7,g7 ,employees who meet the criteria to utilize a safe harbor as specified in subparagraph 7,f7 shall not be subject to any remedial measures or administrative penalties1 including suspension or termination of clearance or classification authority1 as a result of their failure to apply classification markings to1 or otherwise protect1 classified information4 7,h7 ,cash awards or other incentives to promote meritorious challenges to unnecessary classification1 pursuant to section #a4h of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or comparable provision of a successor order1 or significant contributions to the declassification of information that is eligible for declassification4 7,i7 ,the incorporation of the standards1 requirements1 and other elements of the system into existing and future contracts that involve the handling of classified information4 7#b7 ,preservation of existing employee protections ,paragraph 7#a7 shall not be construed to require the elimination of any employee protections in effect on the day before the date of the enactment of this ,act4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,office of ,personnel ,management1 the ,director of ,national ,intelligence1 and the ,director of the ,information ,security ,oversight ,office shall jointly submit to ,congress a report on the status of ,executive agency implementation of systems pursuant to paragraph 7#a74 7,b7 ,contents ,the report required by subparagraph 7,a7 shall include the following3 7i7 ,identification of any relevant leading practices by ,executive agencies4 7ii7 ,identification of ,executive agencies that have failed to develop a system in accordance with paragraph 7#a74 7f7 ,identification of harm to national security ,at the time of original classification1 in addition to the identifications and markings required by section #a4f of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order1 the original classification authority shall identify in writing the specific harm to national security that could reasonably be expected to result from disclosure4 7g7 ,congressional authority ,to release information ,nothing in this ,act shall be deemed in conflict with1 or to otherwise impede the authority of1 ,congress under clause #c of section #e of article ,i of the ,constitution of the ,united ,states to release information in its possession1 and such information so released shall be deemed declassified or otherwise released in full4 #g4 ,funding for classification and declassification 7a7 ,in general ,the ,president shall ensure that for each fiscal year1 the budget of the ,president submitted pursuant to section #aaje7;a7 of title #ca1 ,united ,states ,code1 includes estimated expenditures and proposed appropriations that the ,president decides are necessary to support the classification1 declassification1 and safeguarding activities of the ,federal ,government in the fiscal year for which the budget is submitted and the #d fiscal years after that year4 7b7 ,detailed analysis ,estimates included pursuant to subsection 7a7 shall be accompanied by a detailed analysis1 disaggregated by budget function1 ,executive agency1 program1 project1 activity1 and fiscal year1 of the estimated amounts that will be expended on classification1 declassification1 and safeguarding activities by the ,federal ,government over the same period4 7c7 ,minimum amount ,estimates and proposed appropriations included pursuant to subsection 7a7 for a fiscal year shall estimate and propose an amount of funding available for declassification activities that is equal to or greater than #aj percent of the amount estimated and proposed for classification and safeguarding activities for the same fiscal year4