105th CONGRESS
1st Session
H. R. 1546
To provide for a system to classify information in the interests of
national security and a system to declassify such information.
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IN THE HOUSE OF REPRESENTATIVES
May 7, 1997
Mr. Hamilton (for himself and Mr. Combest) introduced the following
bill; which was referred to the Committee on Government Reform and
Oversight, and in addition to the Committees on Intelligence (Permanent
Select), and National Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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A BILL
To provide for a system to classify information in the interests of
national security and a system to declassify such information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Government Secrecy Act of 1997".
SEC. 2. PURPOSE.
It is the purpose of this Act to promote the effective protection
of classified information and the disclosure of information where there
is not a well-founded basis for protection or where the costs of
maintaining a secret outweigh the benefits.
SEC. 3. FINDINGS.
The Congress makes the following findings:
(1) The system for classifying and declassifying national
security information has been based in regulation, not in
statute, and has been governed by six successive Executive
orders since 1951.
(2) The Commission on Protecting and Reducing Government
Secrecy, established under Public Law 103-236, issued its
report on March 4, 1997 (S. Doc. 105-2), in which it
recommended reducing the volume of information classified and
strengthening the protection of classified information.
(3) The absence of a statutory framework has resulted in
unstable and inconsistent classification and declassification
policies, excessive costs, and inadequate implementation.
(4) The implementation of Executive orders will be even
more costly as more documents are prepared and used on
electronic systems.
(5) United States taxpayers incur substantial costs as
several million documents are classified each year. According
to figures submitted to the Information Security Oversight
Office and the Congress, the executive branch and private
industry together spent more than $5.2 billion in 1996 to
protect classified information.
(6) A statutory foundation for the classification and
declassification of information is likely to result in a more
stable and cost-effective set of policies and a more consistent
application of rules and procedures.
(7) Enactment of a statute would create an opportunity for
greater oversight by the Congress of executive branch
classification and declassification activities, without
impairing the responsibility of executive branch officials for
the day-to-day administration of the system.
SEC. 4. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) Classification For National Security Reasons.--The President
may, in accordance with this Act, protect from unauthorized disclosure
information in the possession and control of the executive branch when
there is a demonstrable need to do so in order to protect the national
security of the United States. The President shall ensure that the
amount of information classified is the minimum necessary to protect
the national security.
(b) Procedures for Classification and Declassification.--
(1) In general.--The President shall, to the extent
necessary, establish categories of information that may be
classified and procedures for classifying information under
subsection (a). The President shall, concurrently with the
establishment of such categories and procedures, establish, and
allocate resources for the implementation of, procedures for
declassifying information previously classified.
(2) Publication of categories and procedures.--
(A) The President shall publish notice in the
Federal Register of any categories and procedures
proposed to be established under paragraph (1) with
respect to both the classification and declassification
of information, and shall provide an opportunity for
interested agencies and other interested persons to
submit comments thereon. The President shall take into
account such comments before establishing the
categories and procedures, which shall also be
published in the Federal Register.
(B) The procedures set forth in subparagraph (A)
shall apply to any modifications in categories or
procedures established under paragraph (1).
(3) Agency standards and procedures.--The head of each
agency shall establish standards and procedures for classifying
and declassifying information created by that agency on the
basis of the categories and procedures established by the
President under paragraph (1). Each agency head, in
establishing and modifying standards and procedures under this
paragraph, shall follow the procedures required of the
President in paragraph (2) for establishing and modifying
categories and procedures under that paragraph.
(c) Considerations in Determining Classification and
Declassification.--
(1) In general.--In determining whether information should
be classified or declassified, the agency official making the
determination shall weigh the benefit from public disclosure of
the information against the need for initial or continued
protection of the information under the classification system.
If there is significant doubt as to whether information
requires such protection, it shall not be classified.
(2) Written justification.--
(A) Original classification.--The agency official
who makes the decision to classify information shall
identify himself or herself and shall provide in
writing a detailed justification for that decision.
(B) Derivative classification.--In any case in
which an agency official classifies a document on the
basis of information previously classified that is
included or referenced in the document, that agency
official shall identify himself or herself in that
document.
(d) Standards for Declassification.--
(1) Initial classification period.--Information may not
remain classified under this Act for longer than a 10-year
period unless the head of the agency that created the
information certifies to the President at the end of such
period that the information requires continued protection,
based on a current assessment of the risks of disclosing the
information, carried out in accordance with subsection (c)(1).
(2) Additional classification period.--Information not
declassified prior to or at the end of the 10-year period
referred to in paragraph (1) may not remain classified for more
than a 30-year period unless the head of the agency that
created the information certifies to the President at the end
of such 30-year period that continued protection of the
information from unauthorized disclosure is essential to the
national security of the United States or that demonstrable
harm to an individual will result from release of the
information.
(3) Declassification schedules.--All classified information
shall be subject to regular review pursuant to schedules each
agency head shall establish and publish in the Federal
Register. Each agency shall follow the schedule established by
the agency head in declassifying information created by that
agency.
(4) Assessment of existing classified information.--Each
agency official responsible for information which, before the
effective date of this Act--
(A) was determined to be kept protected from
unauthorized disclosure in the interest of national
security, and
(B) had been kept so protected for longer than the
10-year period referred to in paragraph (1),
shall, to the extent feasible, give priority to making
decisions with respect to declassifying that information as
soon as is practicable.
(e) Reports to Congress.--Not later than December 31 of each year,
the head of each agency that is responsible for the classification and
declassification of information shall submit to the Congress a report
that describes the application of the classification and
declassification standards and procedures of that agency during the
preceding fiscal year.
(f) Amendment to Freedom of Information Act.--Section 552(b)(1) of
title 5, United States Code, is amended to read as follows:
"(1)(A) specifically authorized to be classified under the
Government Secrecy Act of 1997, or specifically authorized,
before the effective date of that Act, under criteria
established by an Executive order to be kept secret in the
interest of national security (as defined by section 7(6) of
the Government Secrecy Act of 1997), and (B) are in fact
properly classified pursuant to that Act or Executive order;".
SEC. 5. NATIONAL DECLASSIFICATION CENTER.
(a) Establishment.--The President shall establish, within an
existing agency, a National Declassification Center, the functions of
which shall be--
(1) to coordinate and oversee the declassification policies
and practices of the Federal Government; and
(2) to provide technical assistance to agencies in
implementing such policies and practices, in accordance with
this section.
(b) Functions.--
(1) Declassification of information.--The Center shall, at
the request of any agency and on a reimbursable basis,
declassify information within the possession of that agency
pursuant to the guidance of that agency on the basis of the
declassification standards and procedures established by that
agency under section 4, or if another agency created the
information, pursuant to the guidance of that other agency on
the basis of the declassification standards and procedures
established by that agency under section 4. In carrying out
this paragraph, the Center may use the services of officers or
employees or the resources of another agency, with the consent
of the head of that agency.
(2) Coordination of policies.--The Center shall coordinate
implementation by agencies of the declassification policies and
procedures established by the President under section 4 and
shall ensure that declassification of information occurs in an
efficient, cost-effective, and consistent manner among all
agencies that create or otherwise are in possession of
classified information.
(3) Disputes.--If disputes arise among agencies regarding
whether information should or should not be classified, or
between the Center and any agency regarding the Center's
functions under this section, the heads of the agencies
concerned or of the Center may refer the matter to the
President for resolution of the dispute.
(c) National Declassification Advisory Committee.--
(1) In general.--There is established a 12-member National
Declassification Advisory Committee. 4 members of the Advisory
Committee shall be appointed by the President and 2 members
each shall be appointed by the majority and minority leaders of
the Senate, the Speaker of the House of Representatives, and
the minority leader of the House of Representatives.
(2) Membership.--The members of the Advisory Committee
shall be appointed from among distinguished historians,
political scientists, archivists, other social scientists, and
other members of the public who have a demonstrable expertise
in declassification and the management of Government records.
No officer or employee of the United States Government shall be
appointed to the Advisory Committee.
(3) Duties.--The Advisory Committee shall provide advice to
the Center and make recommendations concerning declassification
priorities and activities.
(d) Annual Reports.--The Center shall submit to the President and
the Congress, not later than December 31 of each year, a report on its
activities during the preceding fiscal year, and on the implementation
of agency declassification practices and its efforts to coordinate
those practices.
SEC. 6. INFORMATION TO THE CONGRESS.
Nothing in this Act shall be construed to authorize the withholding
of information from the Congress.
SEC. 7. DEFINITIONS.
As used in this Act--
(1) the term "Advisory Committee" means the National
Declassification Advisory Committee established under section
5(c);
(2) the term "agency" means any executive agency as
defined in section 105 of title 5, United States Code, any
military department as defined in section 102 of such title,
and any other entity in the executive branch of the Government
that comes into the possession of classified information;
(3) the term "Center" means the National Declassification
Center established under section 5(a);
(4) the terms "classify", "classified", and
"classification" refer to the process by which information is
determined to require protection from unauthorized disclosure
pursuant to this Act in order to protect the national security
of the United States;
(5) the terms "declassify", "declassified", and
"declassification" refer to the process by which information
that has been classified is determined to no longer require
protection from unauthorized disclosure pursuant to this Act;
and
(6) the term "national security of the United States"
means the national defense or foreign relations of the United
States.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act.