113th CONGRESS
1st Session
S. 1464
To facilitate and enhance the declassification of information that
merits declassification, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
August 1, 2013
Mrs. Shaheen (for herself and Mr. Risch) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
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A BILL
To facilitate and enhance the declassification of information that
merits declassification, and for other purposes.
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 ``Preserving American Access to
Information Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The 1994 Joint Security Commission, convened at the
request of the Secretary of Defense and the Director of the
Central Intelligence Agency stated that ``[t]he classification
system, largely unchanged since the Eisenhower administration
has grown out of control. More information is being classified
and for extended periods of time. Security rules proliferate,
becoming more complex yet remaining unrelated to the threat. .
. . Indeed, the classification system is not trusted on the
inside any more than it is on the outside. Insiders do not
trust it to protect information that needs protection.
Outsiders do not trust it to release information that does not
need protection''.
(2) The Public Interest Declassification Board, notes in
its 2012 report that ``[a]gencies are currently creating
petabytes of classified information annually, which quickly
outpaces the amount of information the Government has
declassified in total in the previous seventeen years since
Executive Order 12958 established the policy of automatic
declassification for 25 year old records. Without dramatic
improvement in the declassification process, the rate at which
classified records are being created will drive an exponential
growth in the archival backlog of classified records awaiting
declassification, and public access to the nation's history
will deteriorate further''.
SEC. 3. DECLASSIFICATION OF INFORMATION WITH SHORT-TERM CLASSIFICATION
SENSITIVITY.
(a) Findings.--Congress makes the following findings:
(1) Certain information, typically at the predecisional,
tactical, or operational level, is classified based on its
sensitivity with respect to a pertinent event. Following the
event, the vast majority of the associated details are no
longer sensitive and no longer need be classified.
(2) This type of time-specific classified information
should be identified and marked at the time of classification
for automatic declassification without further review.
(b) Specification of Information To Be Declassified
Automatically.--
(1) In general.--The heads of Federal agencies with
authority to classify information shall, in consultation with
the Information Security Oversight Office, specify the types of
information with short-lived sensitivity that could be
automatically declassified without further review.
(2) Exclusion from specification.--The types of information
specified pursuant to paragraph (1) shall exclude the
following:
(A) Information on the sources, methods, tactics,
tradecraft, and procedures of members of the Armed
Forces, personnel of the intelligence community, or
other personnel performing associated or similar
security functions or activities for the United States
Government.
(B) Any other information that could endanger the
military, intelligence, diplomatic, or law enforcement
personnel, operations, or capabilities of the United
States.
(3) Report.--The heads of Federal agencies described in
paragraph (1) shall submit to Congress a report setting forth
the following:
(A) The types of information specified under
paragraph (1).
(B) An assessment of the feasibility of
implementing a new classification category for the
types of information specified in that paragraph.
(C) Recommendations, if appropriate, for
legislative action to implement the automatic
declassification of information as described in that
paragraph.
SEC. 4. ENHANCEMENT OF THE NATIONAL DECLASSIFICATION CENTER.
(a) In General.--The President shall take appropriate actions to
enhance the authority and capacity of the National Declassification
Center under Executive Order No. 13526, or any successor Executive
order, in order to facilitate, enhance, and advance a government-wide
strategy for the declassification of information.
(b) Required Actions.--The actions taken under subsection (a) shall
include the following:
(1) A requirement that Federal agencies complete the review
of Presidential and Federal records proposed for
declassification, in accordance with priorities established by
the National Declassification Center, within one year of the
start of the declassification process, except that agencies may
complete such review within two years of the start of the
declassification process upon the written approval of the
Director of the National Declassification Center.
(2) A requirement that Federal agencies with authority to
classify information share their declassification guidance with
other such Federal agencies and with the National
Declassification Center.
SEC. 5. PUBLIC CONSULTATION WITH ADVISORY PANEL TO THE NATIONAL
DECLASSIFICATION CENTER.
(a) In General.--The Director of the National Declassification
Center shall provide for consultation between the advisory panel to the
National Declassification Center and the public.
(b) Frequency.--Consultations under subsection (a) shall occur not
less frequently than the frequency of the regular meetings of the
advisory panel to the National Declassification Center and, to the
extent practicable, shall occur concurrently with the meetings of the
advisory panel.
SEC. 6. EXTENSION OF PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act of 2000
(50 U.S.C. 3161 note) is amended by striking ``2014'' and inserting
``2018''.
SEC. 7. PRESERVATION AND ACCESS TO HISTORICALLY VALUABLE RECORDS.
Federal agencies shall take appropriate actions to identify and
designate historically valuable records as soon as possible after their
creation in order to ensure the preservation and future accessibility
of such documents and records.
SEC. 8. REPORTS ON PILOT PROGRAMS ON IMPROVEMENTS TO THE
DECLASSIFICATION PROCESSES.
(a) Reports.--The heads of Federal agencies that classify
information shall, in consultation with the Director of the National
Declassification Center, submit to Congress reports setting forth
options for various pilot programs to assess the feasibility and
advisability of mechanisms to improve the current declassification
capabilities of such agencies, including updates of software and
procedures relating to declassification of information.
(b) Mechanisms.--In selecting mechanisms to be assessed pursuant to
the pilot programs for purposes of subsection (a), an emphasis shall be
afforded to the selection of current technologies and practices that
could improve current declassification capabilities, including
commercial, off the shelf-technologies and current best practices of
Federal agencies and the private sector.
SEC. 9. REPORTS.
Not later than one year after the date of the enactment of this
Act, the head of each Federal agency that classifies information shall
submit to Congress a report that sets forth the following:
(1) An assessment of feasibility and advisability of
replacing the current classification system of such agency with
a two-tiered system, including an analysis and assessment of
restructuring necessary to align the level of protection with
the level of harm anticipated in the event of unauthorized
release of sensitive information.
(2) If such agency possesses records with classified
Formerly Restricted Data (FRD), an assessment of the
feasibility and advisability of declassifying such records that
have no national security value.
