116th CONGRESS
2d Session
S. 4806
To establish the Interagency Security Classification Appeals Panel, to
provide agency and higher level reviews of classification decisions, to
provide expedited review of classification decisions for members of
Congress, and to provide protections for those challenging
classification decisions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 19, 2020
Mr. Murphy (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To establish the Interagency Security Classification Appeals Panel, to
provide agency and higher level reviews of classification decisions, to
provide expedited review of classification decisions for members of
Congress, and to provide protections for those challenging
classification decisions, 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 ``Transparency in Classification Act
of 2020''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A fundamental tenet of democracy is the consent of the
governed, which requires public knowledge of governmental
actions. As a result, few government powers are more sacred
than the ability to decide which information should be withheld
from the public.
(2) The protection of our national security requires that
some of the work of the United States Government be done such
that this information is protected if its disclosure could
cause serious or grave harm to national security and if such
harm does not outweigh the public's right to know.
(3) Although the executive branch of the Federal Government
has a responsibility to weigh the public's right to know when
making classification decisions, it does not always do so due
to errors of commission and omission.
(4) In order to ensure an informed public while
simultaneously protecting certain information that would harm
national security if divulged, checks and balances are needed
for the classification system.
(5) Congress, by virtue of its vital role in oversight, has
an interest and responsibility to address abuse and improper
classification by the executive branch of the Federal
Government.
(6) Although section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'') and
other public access tools, including Mandatory Declassification
Review pursuant to section 3.5 of Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information), provide venues for declassifying records that
would not harm national security if divulged, the lengthy time
frame for these appeals renders them ineffective in nourishing
vital public debate.
(7) An accurate and limited classification system supports
both the public's right to know and government effectiveness
through enabling policy coordination, reducing costs of
maintaining information that need not be classified, and
protecting the integrity of the classification system.
(8) The national security of the United States is enhanced
both by laws permitting national security agencies to
occasionally limit access to sensitive national security
information through the classification system, such as
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), and by an open
debate on decisions that affect the national security of the
United States. Both are central to the proper functioning of
the political institutions and democracy of the United States.
(9) Allowing limitations on access as described in
paragraph (8) presents a potential for abuse, where
embarrassing or inconvenient information could be classified
for reasons other than national security. This is prohibited by
law, including by section 1.7 of Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information).
(10) Ensuring national security agencies use classification
powers judiciously and in accordance with the laws described in
paragraph (8) requires a recourse for authorized classification
holders, including all members of Congress, to challenge
classifications decisions of agencies and appeal agency-level
classification decisions to an independent body.
(11) Since 1995, the Interagency Security Classification
Appeals Panel (ISCAP) has provided the public and users of the
classification system with a valuable forum for further review
of classification decisions.
(12) Since the founding of the Interagency Security
Classification Appeals Panel, however, the work of the Panel
has been constrained by a lack or resources, including
classified communication technology and dedicated staff, as
well as limited progress on much-needed governmentwide
modernization of the classification system. This has created a
backlog of more than 1,000 cases.
(13) Since 2000, the Public Interest Declassification Board
(PIDB) has provided a vital role in supporting the public
interest in classification policy and classification decisions,
including the vital role of responding to requests from
Congress to consider the classification decisions of specific
records. This advisory role plays a separate, complementary
role to the Interagency Security Classification Appeals Panel,
which is able to declassify records through its appeal
function.
(14) Section 2302(b)(9)(A) of title 5, United States Code,
prohibits the head of an agency from taking or failing to take,
or threatening to take or fail to take, a personnel action
against certain employees because of the exercise of an appeal,
complaint, or grievance right granted by any provision of law.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency, classified material or record,
declassification, and national security.--The terms ``agency'',
``classified material'', ``classified record'',
``declassification'', and ``national security'' have the
meanings given such terms in section 709 of the Public Interest
Declassification Act of 2000 (Public Law 106-567; 50 U.S.C.
3355g).
(2) Authorized users of the classification system.--The
term ``authorized user of the classification system'' means an
official or contractor of the Federal Government who is
authorized to access classified material or records.
(3) Classification decision.--
(A) In general.--The term ``classification
decision'', means a decision regarding whether any
correspondence, memorandum, book, plan, map, drawing,
diagram, pictorial or graphic work, photograph, film,
microfilm, sound recording, videotape, machine readable
records, and other documentary material, regardless of
physical form or characteristics, requires protection
against unauthorized disclosure in the interests of the
national security of the United States.
(B) Inclusion.--Such term includes the following:
(i) An original classification decision.
(ii) A decision creating a derivative
classification.
(iii) A decision creating a classification
by compilation.
(iv) Any decision creating any similar
classification pursuant to a provision of law
in effect on the day before the date of the
enactment of this Act.
(4) Panel.--The term ``Panel'' means the Interagency
Security Classification Appeals Panel established under section
4(a).
SEC. 4. INTERAGENCY SECURITY CLASSIFICATION APPEALS PANEL.
(a) Establishment.--There is established within the executive
branch of the United States a panel to be known as the ``Interagency
Security Classification Appeals Panel''.
(b) Purposes.--The purposes of the Panel are as follows:
(1) To provide the public and authorized users of the
classification system, including members of Congress and
employees and contractors of the legislative branch of the
Federal Government who are authorized users of the
classification system, with a forum for further review of
classification decisions made by the heads of agencies.
(2) To provide a member of Congress a mechanism for
expedited review of a classification decision that is relevant
to an active public policy debate.
(c) Duties.--The duties of the Panel are as follows:
(1) Carrying out such activities as may be necessary for
the purposes set forth under subsection (b).
(2) Conducting reviews under section 5(b).
(3) Such other duties as may be identified by the
President.
(d) Membership.--
(1) Composition.--Subject to paragraphs (2) and (3), the
Panel shall be composed of 6 members, each of whom shall be
appointed by one of the following:
(A) The Secretary of State.
(B) The Secretary of Defense.
(C) The Attorney General.
(D) The Archivist of the United States.
(E) The Director of National Intelligence.
(F) The National Security Advisor.
(2) Additional members under certain circumstances.--
(A) Matters concerning the central intelligence
agency.--Subject to paragraph (3), when the Panel
deliberates a matter concerning classified material or
records that originated with the Central Intelligence
Agency or when dealing with a support activity
associated with such a classified material or record,
the Panel shall, at the discretion of the Director of
the Central Intelligence Agency, consist of 7 members
as follows:
(i) The 6 members of the Panel appointed
under paragraph (1).
(ii) One member appointed by the Director
of the Central Intelligence Agency.
(B) Matters concerning congress.--Subject to
paragraph (3)(B), when the Panel deliberates a matter
concerning classified material or records relating to
congressional requests or reporting requirements, the
Panel shall consist of 8 members as follows:
(i) The 6 members of the Panel appoints
under paragraph (1).
(ii) One member chosen by the Secretary of
the Senate.
(iii) One member chosen by the Clerk of the
House of Representatives.
(3) Qualifications and status.--
(A) Federal employee status.--Each member of the
Panel under paragraphs (1) and (2)(A) shall be a full-
time or permanent employee of the Federal Government
who is in a senior-level position, such as a member of
the Senior Executive Service.
(B) Security clearance.--An individual may not be
selected to be a member of the Panel unless, as of the
day before the date of such selection, the individual
had a security clearance at a level appropriate for
purposes of serving as a member of the Panel.
(4) Chairperson.--
(A) In general.--The members of the Panel appointed
under paragraph (1) shall designate a chairperson from
among the members of the Panel.
(B) Reporting.--The chairperson of the Panel shall
report directly to the Director of the Information
Security Oversight Office of the National Archives and
Records Administration.
(e) Administration.--
(1) Executive secretary.--The Director of the Information
Security Oversight Office of the National Archives and Records
Administration shall serve as the executive secretary of the
Panel.
(2) Program and administrative support.--The Director shall
provide program and administrative support for the Panel.
(3) Bylaws.--Not later than 180 days after the date of the
enactment of this Act, the Panel shall publish bylaws that
clearly show how individuals described in section 5(b)(1)(A)
may submit requests under such section.
(f) Public Observer.--
(1) In general.--The Panel shall select a highly qualified,
public observer who shall--
(A) participate in activities and deliberations of
the Panel;
(B) aid in transparency and provide an external,
historical perspective to inform Panel deliberations;
and
(C) be vetted and provided an interim and permanent
security clearance.
(2) Qualifications.--The Panel shall ensure that a person
selected to serve as a public observer under paragraph (1)--
(A) has significant experience in examining and
assessing public access to classified files or
decisions in an academic, historic, or advocacy role;
(B) has a history of independence and nonpartisan
advocacy for transparency and open debate relating to
government records; and
(C) at the time of selection is not serving in a
publicly elected office and has not served in a
partisan elected office at any time during the 5-year
period ending on the date of selection.
SEC. 5. AGENCY AND HIGHER LEVEL REVIEW OF CLASSIFICATION DECISIONS.
(a) Agency Review of Classification Decisions.--
(1) In general.--Each head of an agency shall establish a
process under which--
(A) an individual who is eligible to access
classified material or a classified record that was the
subject of a classification decision made by such head
may request a review of such classification decision;
(B) the head of the agency reviews such
classification decision pursuant to such request; and
(C) the head of the agency revokes, modifies, or
sustains such classification decision.
(2) Elements.--Under a process established by the head of
an agency under paragraph (1)--
(A) an individual who is eligible to access
classified material or a classified record that was the
subject of a classification decision made by such head
shall be able to request a review of such decision by
submitting to the head, at any time, the request in
writing;
(B) except as provided in subparagraph (C), for
each request the head of the agency receives under
subparagraph (A) regarding a classification decision of
the head of the agency, the head of the agency shall--
(i) not later than 60 days after the date
on which the head of the agency receives the
request, respond to the request by providing
the requestor with--
(I) an acknowledgment that the head
of the agency received the request; and
(II) a notice estimating when the
head of the agency will complete a
review of the request under
subparagraph (B) of paragraph (1) and
act on the request under subparagraph
(C) of such paragraph; and
(ii) not later than 120 days after the date
on which the head of the agency receives the
request--
(I) complete a review of the
request pursuant to subparagraph (B) of
paragraph (1); and
(II) pursuant to such review, act
on the request under subparagraph (C)
of such paragraph;
(C) the head of the agency is not required to
review a classification decision as described in
subparagraph (B) of paragraph (1) or take an action
under subparagraph (C) of such paragraph if the
classification decision was already reviewed pursuant
to a substantially similar request under this
subsection during the most recently 2-year period;
(D) the head of the agency may review a
classification decision pertaining to classified
material or a classified record that is subject to a
request under section 552 of title 5, United States
Code (commonly referred to as the ``Freedom of
Information Act'');
(E) requests for review under this subsection and
responses to such requests are not themselves treated
as classified material or classified records;
(F) any classified material or classified record
that is the subject of a request under this subsection
remains classified under this subsection until the head
of the agency changes such classification under
paragraph (1)(C) or such classification is changed by
the Panel under subsection (b)(3); and
(G) priority is given to the review of a
classification decision when an expedited review has
been requested under subsection (d)(2).
(b) Appeals for Higher Level Review.--
(1) Submittal.--
(A) In general.--An individual who is eligible to
access classified material or a classified record that
was the subject of a classification decision made by
the head of an agency may submit to the Panel a request
to review such classification decision.
(B) Manner.--A request submitted under subparagraph
(A) shall be submitted in writing.
(C) Content.--
(i) In general.--Except as provided in
clause (ii), a request submitted under
subparagraph (A) need not be more specific than
questioning why classified material or a
classified record is or is not classified at a
certain level.
(ii) Minimum information.--A request
submitted under subparagraph (A) with respect
to a classification decision shall contain
enough information to enable the executive
secretary of the Panel to obtain pertinent
documents about the request and the
classification decision.
(iii) No classified information.--
(I) In general.--Except as provided
in subclause (II), a request submitted
under subparagraph (A) shall not
include any classified material or
records.
(II) Arrangements.--If it is
impossible for an individual to request
under subparagraph (A) a review of a
classification decision without
submitting classified material or a
classified record along with the
request, the submitter of the request
may do so after first contacting the
Panel and making prior arrangements for
submittal of the classified material or
classified record.
(D) Electronic submission.--The Panel shall
establish and publicly announce an electronic mail
address to which requests may be submitted under
subparagraph (A).
(E) Timeliness of requests.--A requests submitted
to the Panel under subparagraph (A) shall be submitted
not later than 60 days after--
(i) in a case in which the head of an
agency provides a response to the submitter of
the request in accordance with subsection
(a)(2)(B), the date of the final agency
decision arrived at pursuant to a review
carried out pursuant to the request; or
(ii) in a case in which the head of the
agency fails to respond to the request in
accordance with subsection (a)(2)(B), the date
that is 60 days after the date on which the
request was submitted to the head of the
agency.
(F) Rejection of requests.--If the executive
secretary of the Panel determines that a request
submitted under subparagraph (A) is not submitted in
accordance with the requirements of this section, the
executive secretary shall--
(i) notify the submitter of the request, in
writing, that the request was not submitted in
accordance with the requirements of this
section; and
(ii) explain in detail how the request is
deficient.
(2) Review.--The Panel shall review the following:
(A) A classification decision of the head of an
agency pursuant to a request for review submitted under
paragraph (1)(A), in a case in which the submitter of
the request--
(i) previously submitted a request for
review of the classification decision to the
head of the agency in accordance with the
process established by the head of the agency
under subsection (a); and
(ii)(I) received, pursuant to such process,
a final decision arrived at pursuant to a
review conducted pursuant to the request; or
(II) did not receive a response as required
by subsection (a)(2)(B).
(B) A classification decision of the head of an
agency pursuant to a request for expedited review for
Congress submitted under subsection (d)(3).
(3) Resolution.--
(A) In general.--After reviewing a classification
decision of the head of an agency under paragraph (2)
and using past precedent to inform and to improve the
efficiency of decision making, the Panel may, pursuant
to a vote of the members of the panel--
(i) affirm the classification decision or a
decision of the head arrived at pursuant to a
review conducted pursuant to the process
established by the head under subsection (a);
(ii) reverse a decision described in clause
(i), in whole or in part; or
(iii) engage in dialogue with the head of
the agency for further consideration of a
decision described in clause (i).
(B) Votes.--A decision to reverse under
subparagraph (A)(ii) shall be made with an affirmative
vote of at least a majority of the members of the Panel
present for the vote.
(C) Notification.--Not later than 2 business days
after the Panel decides to take an action under
subparagraph (A) pursuant to a request for a review of
a classification decision of the head of an agency, the
executive secretary of the Panel shall notify the
submitter of the request and the head of the agency in
writing of the decision of the Panel.
(D) Declassification.--
(i) In general.--Except as provided in
clause (ii), 10 days after the executive
secretary of the Panel submits notice under
subparagraph (C) with respect to a decision of
the Panel that classified material or a
classified record should be declassified in
whole or in part under subparagraph (A), the
Panel shall publish notice of the decision of
the Panel and the declassified material or
record, unless the President overrules the
decision of the Panel under subsection (c).
(ii) Declassification pursuant to appeals
from members of congress.--In a case of a
decision described in clause (i) that is
arrived at pursuant to a request for expedited
review for a member of Congress submitted under
subsection (d)(3), the Panel shall carry out
clause (i) as if the reference to ``10 days''
were a reference to ``2 days''.
(4) Administrative matters.--
(A) Notice to agency heads.--If the Panel receives
a request under paragraph (1)(A) with respect to a
classification decision of the head of an agency, the
executive secretary of the Panel shall notify the head
of the agency of such request.
(B) Preparation of files.--For each request
received by the Panel under paragraph (1)(A) pursuant
to which the Panel will review a classification
decision, the executive secretary of the Panel shall
prepare a file and present pertinent portions of such
file to the members of the Panel before any votes are
taken with respect to the review.
(C) Classified material and records.--
(i) In general.--After receiving a request
under paragraph (1)(A) for review of a
classification decision of the head of an
agency, the executive secretary of the Panel
shall arrange for the transmittal of relevant
classified material and records from the
agency.
(ii) Cooperation.--Each head of an agency
that receives a request from the executive
secretary of the Panel for classified material
or records that pertain to the review of a
classification decision of the head pursuant to
a request submitted under paragraph (1)(A) or a
mandatory declassification review shall, within
3 business days--
(I) transmit the requested
classified material, records, and
documents to the executive secretary of
the Panel; or
(II) provide the executive
secretary of the Panel with access to
such material, records, and documents.
(D) Website.--
(i) In general.--The Panel shall make
available to the public on the website of the
Panel the following:
(I) A log of all requests for
review submitted to the Panel under
paragraph (1)(A).
(II) The status of each request
logged under subclause (I).
(III) A log of all actions taken
and decisions made by the Panel under
paragraph (3)(A).
(IV) A justification for each
decision logged under subclause (III).
(ii) Requirements.--
(I) In general.--The Panel shall
ensure that the website of the Panel
serves as a public record to streamline
decision making of the Panel and assist
those submitting appeals under this
section as well as other functions of
the Panel in effect pursuant to an
Executive order that was in effect
before the date of the enactment of
this, including functions relating to
mandatory declassification review.
(II) Technical accessibility.--
Information described in clause (i),
and such other information as the Panel
considers relevant, shall be published
under such clause in a tabular format
that is contemporaneously updated and
allows for the tracking and monitoring
of individual requests. Such action-
tracking system shall support the
processing of requests and be updated
with modern technology and modern
formats as the Panel considers
appropriate.
(5) Protection of classified material and records.--Any
classified material or record that is the subject of a
classification decision that is the subject of a request for
review under this subsection shall remain classified unless and
until a final decision is made to declassify it.
(6) Maintenance of files.--The executive secretary of the
Panel shall maintain the files and records of the Panel
pertaining to requests for review under this subsection in
accordance with chapter 22 of title 44, United States Code
(known as the ``Presidential Records Act'').
(c) Review by the President.--
(1) Petition for review.--
(A) In general.--Except as provided in subparagraph
(B), during the 10-day period beginning on the date on
which the head of an agency receives a notice under
subparagraph (C) of subsection (b)(3) that the Panel
has decided to take an action under subparagraph (A) of
such subsection with respect to a classification
decision or other decision of the head of agency, the
head of the agency may submit to the President a
petition to reverse or modify the decision of the
Panel.
(B) Petition period for decisions pursuant to
appeals from members of congress.--In a case of a
decision to act as described in subparagraph (A) that
is arrived at pursuant to a request for expedited
review for a member of Congress submitted under
subsection (d)(3), subparagraph (A) shall apply as if
the reference to ``10-day period'' were a reference to
``2-day period''.
(2) Review and resolution.--
(A) In general.--In response to a petition under
paragraph (1), the President may overrule or modify any
decision of the Panel described in the petition.
(B) Publication.--In a case in which the President
acts to overrule or modify a decision of the Panel
under subparagraph (A), such act shall be published
under subsection (b)(4)(D) in the same manner as an
action or decision of the Panel.
(d) Review for Members of Congress.--
(1) Treatment of members of congress.--
(A) Authority.--A member of Congress may submit a
request under subsection (a) for review of a
classification decision of the head of an agency.
(B) Treatment.--For purposes of this section and
except as otherwise provided in this section, a member
of Congress shall be treated as an individual who is
eligible to access the classified material or a
classified record that was the subject of a
classification decision.
(2) Expedited agency review for members of congress.--
(A) In general.--When a member of Congress submits
a request under subsection (a) for review of the
classification decision of the head of an agency and
the member of Congress is a member of a committee of
Congress that has jurisdiction over such agency, the
member of Congress may request that the review be
conducted on an expedited basis.
(B) Contents.--A request submitted under
subparagraph (A) for expedited review of a
classification decision shall include the following:
(i) An indication that the member of
Congress is requesting an expedited review of
the classification decision.
(ii) A justification described in
subparagraph (C).
(C) Justification.--
(i) In general.--A justification described
in this subparagraph regarding a request for an
expedited review of a classification decision
regarding classified materials or records is an
explanation of the public interest in an
expedited public release and access to such
classified materials or records.
(ii) Justification requiring classified
material or records.--In a case in which a
justification cannot be made under subparagraph
(B)(ii) by a member of Congress without the use
or presentation of classified material or
records, the member of Congress shall make a
prior arrangement with the head of the agency
for such presentation.
(3) Expedited higher level review for members of
congress.--
(A) In general.--Under any of the circumstances
described in subparagraph (B), a member of Congress may
submit a request to the Panel for expedited review of a
classification decision of the head of an agency or a
decision of the head of an agency reached pursuant to a
review under subsection (a).
(B) Circumstances.--The circumstances described in
the subparagraph are the circumstances in which a
member of Congress--
(i) submits to the head of an agency a
request for a review of the classification
decision of the head of the agency under
subsection (a);
(ii) the member of Congress is a member of
a committee of Congress that has jurisdiction
over such agency; and
(iii)(I) the member of Congress is not
satisfied with the response of the head of the
agency under such subsection;
(II) the member of Congress does not
receive a response from the head of the agency
in 5 or fewer business days regarding the
request for review; or
(III) the head of the agency does not
complete the requested review and decide on the
matter set forth in the request in 10 or fewer
business days.
(C) Contents.--A request submitted under
subparagraph (A) shall include the following:
(i) An indication that the member of
Congress is requesting an expedited review of
the classification decision.
(ii) A justification described in
subparagraph (D).
(D) Justification.--
(i) In general.--A justification described
in this subparagraph regarding a request for an
expedited review of a decision concerning a
classification decision that pertains to
classified materials or records is an
explanation of the public interest in an
expedited public release and access to such
classified materials or records.
(ii) Justification requiring classified
material or records.--In a case in which a
justification cannot be made under subparagraph
(C)(ii) by a member of Congress without the use
or presentation of classified material or
records, the member of Congress shall make a
prior arrangement with the Panel for such
presentation.
(E) Priority consideration.--If the Panel receives
a request under subparagraph (A) and determines that
the justification included under subparagraph (C)(ii)
is valid, the Panel shall prioritize review of the
matters covered by the request over all other pending
reviews before the Panel.
(e) Right to Informal Inquiry.--
(1) In general.--An individual who is eligible to access
classified material or a classified record may informally
question the classification of such material or record.
(2) Sense of congress.--It is the sense of Congress that an
individual who is eligible to access classified material or a
classified record and who wishes to challenge such
classification should do so informally before submitting a
request for review under subsection (a).
(f) Protections.--
(1) Definitions.--In this subsection:
(A) Contractor employee.--The term ``contractor
employee'' means an employee of a contractor,
subcontractor, grantee, subgrantee, or personal
services contractor, of an agency.
(B) Covered individual.--The term ``covered
individual'' means an employee of an agency or a
contractor employee--
(i) who, under this section, is eligible to
request a review of a classification decision;
and
(ii) for whom the protection under section
2302(b)(9) of title 5, United States Code, does
not apply.
(C) Personnel action.--The term ``personnel
action'' means, with respect to a covered individual--
(i) an appointment;
(ii) a promotion;
(iii) an action under chapter 75 of title
5, United States Code, or other disciplinary or
corrective action;
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under
chapter 43 of title 5, United States Code, or
under title 38, United States Code;
(ix) a decision concerning pay, benefits,
or awards, or concerning education or training
if the education or training may reasonably be
expected to lead to an appointment, promotion,
performance evaluation, or other action
described in this subparagraph;
(x) a decision to order psychiatric testing
or examination;
(xi) the implementation or enforcement of
any nondisclosure policy, form, or agreement;
and
(xii) any other significant change in
duties, responsibilities, or working
conditions.
(2) Prohibition.--Any employee of an agency or contractor
employee who has authority to take, direct others to take,
recommend, or approve any personnel action, shall not, with
respect to such authority, take or fail to take, or threaten to
take or fail to take, any personnel action against any covered
individual because the covered individual--
(A) exercises the right of the covered individual
under subsection (e) to question informally the
classification of a classified material or record;
(B) refuses to obey an order that would require the
covered individual to violate, with respect to a
classification decision, a law, rule, or regulation; or
(C) exercises the right of the covered individual,
under this section, to request a review of a
classification decision.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out sections 4 and
5, $3,000,000 for fiscal year 2021.
SEC. 7. SUBMITTAL OF REPORTS IN UNCLASSIFIED FORM PURSUANT TO WAR
POWERS RESOLUTION.
Section 4 of the War Powers Resolution (50 U.S.C. 1543) is amended
by adding at the end the following new subsection:
``(d)(1) Each report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
``(2) The unclassified portion of each report submitted under
subsection (a) shall be made available to the public.''.
SEC. 8. RULES OF CONSTRUCTION.
(a) Preservation of Authority of President.--Nothing in this Act
shall be construed to alter the authority of the President to determine
access to classified material and records.
(b) Preservation.--Nothing in this Act shall be construed to alter
a function of the Panel that was in effect pursuant to an Executive
order that was in effect before the date of the enactment of this Act
and that is not covered by a provision of this Act.
