Congressional Record: September 27, 2004 (Senate) Page S9725-S9733 TEXT OF AMENDMENTS SA 3704. Mr. WYDEN (for himself, Mr. Lott, Mr. Graham of Florida, Ms. Snowe, and Mr. Cornyn) proposed an amendment to the bill S. 2845, to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes; as follows: At the end of title II, add the following: Subtitle D--Classified Information SEC. 231. SHORT TITLE. This subtitle may be cited as the ``Independent National Security Classification Board Act of 2004''. [[Page S9727]] SEC. 232. PURPOSE. The purpose of this subtitle is to establish in the executive branch an Independent National Security Classification Board-- (1) to review the standards and procedures used in the classification system for national security information; (2) to propose and submit to Congress and the President for comment new standards and procedures to be used in the classification system for such information; (3) to establish the new standards and procedures after Congress and the President have had the opportunity to comment; and (4) to review, and make recommendations with respect to, classifications of current and new information made under the applicable classification system. SEC. 233. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD. (a) Establishment.--The Independent National Security Classification Board (in this subtitle referred to as the ``Board'') is established as an independent agency in the executive branch. (b) Composition.--The Board shall be composed of one member appointed by the President, one member jointly recommended by the Majority Leader and the Minority Leader of the Senate and appointed by the President, and one member jointly recommended by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives and appointed by the President, each by and with the advice and consent of the Senate. Each member shall be knowledgeable on classification matters. (c) Term of Members.--Each member of the Board shall be appointed for a term of 5 years. A member may be reappointed for one additional 5-year term. A member whose term has expired shall continue to serve on the Board until a replacement has been appointed. (d) Vacancies.--Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Separate Office.--The Board shall have its own office for carrying out its activities, and shall not share office space with any element of the intelligence community or with any other department, agency, or element of the United States Government. (f) Chairman.--The Board shall select a Chairman from among its members. (g) Meetings.--The Board shall meet at the call of the Chairman. (h) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (i) Availability of Information.--The decision-making process of the Board may be classified, but the final decisions of the Board and the reports submitted under this subtitle shall be made available to the public. (j) Initial Appointments and Meeting.-- (1) Initial appointments.--Initial appointments of members of the Board shall be made not later than 90 days after the date of the enactment of this Act. (2) Initial meeting.--The Board shall hold its first meeting not later than 30 days after the date on which all members of the Board have been appointed. (k) Website.--The Board shall establish a website not later than 90 days after the date on which all members of the Board have been appointed. SEC. 234. DUTIES OF BOARD. (a) Review of Classification System.-- (1) In general.--The Board shall conduct a thorough review of the classification system for national security information, including the policy, procedures, and practices of the system. The Board shall recommend reforms of such system to ensure-- (A) the protection of the national security of the United States; (B) the sharing of information among departments, agencies, and element of the United States Government; and (C) an open and informed public discussion of national security issues. (2) Scope of review.-- (A) Consultation.--The Board shall consult with the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate and the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on International Relations of the House of Representatives in determining the scope of its review of the classification system. (B) Review.--The Board shall submit a report describing the proposed scope of review to the President and the committees of Congress referred to in subparagraph (A) for comment. (C) Revisions.--Not later than 30 days after receiving the report under subparagraph (B)-- (i) the President shall notify the Board in writing of any revisions to such scope of review; and (ii) each committee of Congress referred to in subparagraph (A) may submit to the Board, in writing, any comments of the committee on the proposed scope of review. (b) Adoption of National Security Information Classification System.-- (1) Authority.--The Board shall prescribe the classification system for national security information, which shall apply to all departments, agencies, and elements of the United States Government. (2) Findings and recommendations.--The Board shall, in accordance with the scope of review developed under subsection (a)(2), review the classification system for national security information and submit to the President and Congress its findings and recommendations for new procedures and standards to be used in such classification system. (3) Classification system.--Not later than 180 days after the date on which all members of the Board have been confirmed by the Senate, the Board shall adopt a classification system for national security information, incorporating any comments received from the President and considering any comments received from Congress. Upon the adoption of the classification system, the system shall be used for the classification of all national security information. (c) Review of Classification Decisions.-- (1) In general.--The Board shall, upon its own initiative or pursuant to a request under paragraph (3), review any classification decision made by an Executive agency with respect to national security information. (2) Access.--The Board shall have access to all documents or other materials that are classified on the basis of containing national security information. (3) Requests for review.--The Board shall review in a timely manner the existing or proposed classification of any document or other material the review of which is requested by-- (A) the head or Inspector General of an Executive agency who is an authorized holder of such document or material; or (B) the chairman or ranking member of-- (i) the Committee on Armed Services, the Committee on Foreign Relations, or the Select Committee on Intelligence of the Senate; or (ii) the Committee on Armed Services, the Committee on International Relations, or the Permanent Select Committee on Intelligence of the House of Representatives. (4) Recommendations.-- (A) In general.--The Board may make recommendations to the President regarding decisions to classify all or portions of documents or other material for national security purposes or to declassify all or portions of documents or other material classified for such purposes. (B) Implementation.--Upon receiving a recommendation from the Board under subparagraph (A), the President shall either-- (i) accept and implement such recommendation; or (ii) not later than 60 days after receiving the recommendation if the President does not accept and implement such recommendation, transmit in writing to Congress and have posted on the website of the Board a notification in unclassified form of the justification for the President's decision not to implement such recommendation. (5) Exemption from freedom of information act.--The Board shall not be required to make documents or materials reviewed under this subsection available to the public under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (6) Regulations.--The Board shall prescribe regulations to carry out this subsection. (7) Executive agency defined.--In this section, the term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. SEC. 235. POWERS OF BOARD. (a) Hearings.--The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this subtitle. (b) Information From Federal Agencies.--The Board may secure directly from any department, agency, or element of the United States Government such information as the Board considers necessary to carry out this subtitle. Upon request of the Chairman of the Board, the head of such department, agency, or element shall furnish such information to the Board. (c) Administrative Support Services.--Upon request of the Board, the Administrator of General Services shall provide to the Board, on a reimbursable basis, the administrative support necessary for the Board to carry out its duties under this subtitle. (d) Postal Services.--The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Gifts.--The Board may accept, use, and dispose of gifts or donations of services or property. SEC. 236. BOARD PERSONNEL MATTERS. (a) Executive Schedule Level IV.--Section 5315 of title 5, United States Code, is amended by adding at the end the following: ``Members, Independent National Security Classification Board.''. (b) Staff.-- (1) In general.--The Chairman of the Board may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Board to perform its duties under this subtitle. The employment of an executive director shall be subject to confirmation by the Board. (2) Compensation.--The Chairman of the Board may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate [[Page S9728]] of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (c) Detail of Government Employees.--Any employee of the United States Government may be detailed to the Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. SEC. 237. FUNDING. Of the amount authorized to be appropriated by section 352, $2,000,000 shall be available for the Board for purposes of this section during fiscal year 2005. ______