Independent National Security Classification Board Act of 2004 - Establishes the Independent National Security Classification Board as an independent agency within the executive branch.
Directs the Board, with respect to national security information, to: (1) review the classification system for such information and recommend reforms to ensure the protection of national security, information sharing among Government agencies, and an open and informed public discussion; (2) prescribe the classification system for such information applicable to all departments and agencies of the United States; and (3) upon its own initiative or by request of the Inspector General of an executive agency or the chairman or ranking member of specified congressional committees, review any classification decision made by an executive agency with respect to such information.
Authorizes the Board to: (1) conduct hearings; (2) secure information from any Federal agency; (3) obtain administrative support services; (4) use the U.S. Postal Service in the same manner as other Federal agencies; and (5) accept, use, and dispose of gifts or donations of services or property.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2672 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2672
To establish an Independent National Security Classification Board in
the executive branch, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2004
Mr. Wyden (for himself, Mr. Lott, Mr. Graham of Florida, and Ms. Snowe)
introduced the following bill; which was read twice and referred to the
Select Committee on Intelligence
_______________________________________________________________________
A BILL
To establish an Independent National Security Classification Board in
the executive branch, 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 ``Independent National Security
Classification Board Act of 2004''.
SEC. 2. PURPOSE.
The purpose of this Act 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. 3. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD.
(a) Establishment.--The Independent National Security
Classification Board (in this Act 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 or
agency of the Federal 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 Act 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. 4. 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 Government
agencies; 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 and agencies of the United
States.
(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 Board's website 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. 5. 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 Act.
(b) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out this Act. Upon request of the
Chairman of the Board, the head of such department or agency 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 Act.
(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. 6. 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 Act. 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
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 Federal
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. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Board $2,000,000 for
fiscal year 2005, and such sums as may be necessary thereafter.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8234-8236)
Read twice and referred to the Committee on Intelligence. (text of measure as introduced: CR S8236-8237)
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