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.
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