S-1541 : Still Just a Bill

The Classification Reform Act of 2023 (S. 1541) aims to reform the classification and declassification of national security information. Key provisions include:

• Governance and Accountability:
  • Establishes an Executive Agent for Classification and Declassification, to be served by the Director of National Intelligence, to oversee and direct resources for classification and declassification programs.
  • Creates an Executive Committee on Classification and Declassification Programs and Technology to advise the Executive Agent.
  • Designates advisory bodies, including the Public Interest Declassification Board and historical offices, to assist the Executive Agent.
  • Establishes an Information Security Oversight Office to standardize and assess the management of classified and controlled unclassified information.
• Reducing Overclassification:
  • Sets standards and procedures for classifying and declassifying information, emphasizing that information should only be classified if the harm to national security from disclosure outweighs the public interest.
  • Limits classification levels to two and sets a maximum classification period of 25 years, with exceptions for later declassification or postponement under specific circumstances.
  • Mandates automatic declassification of classified records with permanent historical value after 50 years.
  • Requires agencies to establish programs for automatic declassification and to estimate the number of classified records they generate.
  • Establishes Declassification Working Capital Funds for agencies to promote and implement technological solutions for declassification.
  • Enhances the role of transparency officers in identifying records of significant public interest for disclosure.
• Preventing Mishandling of Classified Information:
  • Requires security reviews of certain records of the President and Vice President to identify and categorize classified information.
  • Mandates counterintelligence risk assessments for mishandling or unauthorized disclosure of classified information by high-level officials.
  • Sets minimum standards for Executive agency insider threat programs to protect classified information from unauthorized disclosure.
• Other Matters:
  • Clarifies that the Act does not authorize withholding information from Congress.

In summary, the bill seeks to balance national security concerns with the public interest in government transparency by reforming the classification and declassification processes.