S.Amdt. 1695

SA 1695. Mr. MORAN (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the bill S. 4049, to authorize
appropriations for fiscal year 2021 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE___--DECLASSIFICATION REFORM

SEC. __1. SHORT TITLE.

This title may be cited as the ``Declassification Reform
Act of 2020''.

SEC. __2. DEFINITIONS.

In this title:
(1) Classification.--The term ``classification'' means the
act or process by which information is determined to be
classified information.
(2) Classified national security information or classified
information.--The term ``classified national security
information'' or ``classified information'' means information
that has been determined pursuant to Executive Order 13526
(50 U.S.C. 3161 note; relating to classified national
security information), or any predecessor or successor order,
to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documentary
form.
(3) Declassification.--The term ``declassification'' means
the authorized change in the status of information from
classified information to unclassified information.
(4) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.

SEC. __3. EXECUTIVE AGENT FOR DECLASSIFICATION.

(a) Establishment.--There is in the executive branch of the
Federal Government an Executive Agent for Declassification
who shall be responsible for promoting programs, processes,
and systems relating to declassification, including
developing technical solutions for automating
declassification review, and directing resources for such
purposes in the Federal Government.
(b) Designation.--The Director of National Intelligence
shall serve as the Executive Agent for Declassification.
(c) Duties.--The duties of the Executive Agent for
Declassification are as follows:
(1) To promote programs, processes, and systems with the
goal of ensuring that declassification activities keep pace
with classification activities and that classified
information is declassified at such time as it no longer
meets the standard for classification.
(2) To promote the establishment of a federated
declassification system to streamline, modernize, and oversee
declassification across Executive agencies.
(3) To provide guidance on resources to develop,
coordinate, and implement a federated declassification system
that includes technologies that automate declassification
review and promote consistency in declassification
determinations across the executive branch of the Federal
Government.
(4) To work with the Director of the Office of Management
and Budget in developing a line item for declassification in
each budget of the President that is submitted for a fiscal
year under section 1105(a) of title 31, United States Code.
(5) To identify and support the development of--
(A) best practices for declassification among Executive
agencies; and
(B) goal oriented declassification pilot programs.
(6) To promote technological and automated solutions
relating to declassification, with human input as necessary
for key policy decisions.
(7) To promote feasible, sustainable, and interoperable
programs, processes, and systems to facilitate a federate
declassification system.
(8) To coordinate the implementation across Executive
agencies of the most effective programs and approaches
relating to declassification.
(9) In coordination with the Administrator of the Office of
Federal Procurement Policy, develop acquisition and
contracting policies relating to declassification and review
agency compliance therewith.
(10) In coordination with the Information Security
Oversight Office in the National Archives and Records
Administration--
(A) to issue policies and directives to the heads of
Executive agencies relating to directing resources and making
technological investments in declassification that include
support for a federated declassification system;
(B) to ensure implementation of the policies and directives
issued under subparagraph (A);
(C) to collect information on declassification practices
and policies across Executive agencies, including challenges
to effective declassification, training, accounting, and
costs associated with classification and declassification;
(D) to develop policies for ensuring the accuracy of
information obtained from Federal agencies; and
(E) to develop accurate and relevant metrics for judging
the success of declassification policies and directives.
(d) Consultation With Executive Committee on
Declassification Programs and Technology.--In making
decisions under this section, the Executive Agent for
Declassification shall consult with the Executive Committee
on Declassification Programs and Technology established under
section 5(a).
(e) Coordination With the National Declassification
Center.--In implementing a federated declassification system,
the Executive Agent for Declassification shall act in
coordination with the National Declassification Center
established by section 3.7(a) of Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information).

SEC. __ __4. EXECUTIVE COMMITTEE ON DECLASSIFICATION PROGRAMS
AND TECHNOLOGY.--

(a) Establishment.--There is established a committee to
provide advice and guidance to the Executive Agent for
Declassification on matters relating to declassification
programs and technology.
(b) Designation.--The committee established by subsection
(a) shall be known as the ``Executive Committee on
Declassification Programs and Technology'' (in this section
referred to as the ``Committee'').
(c) Membership.--
(1) Composition.--The Committee shall be composed of the
following:
(A) The Director of National Intelligence.
(B) The Under Secretary of Defense for Intelligence.
(C) The Secretary of Energy.
(D) The Secretary of State.
(E) The Director of the National Declassification Center.
(F) The Director of the Information Security Oversight
Board.
(G) The Director of the Office of Management and Budget.
(H) Such other members as the Executive Agent for
Declassification considers appropriate.
(2) Chairperson.--The chairperson of the Committee shall be
the Director of National Intelligence.

SEC. __5. ADVISORY BODIES FOR EXECUTIVE AGENT FOR
DECLASSIFICATION.

(a) Designation of Advisory Bodies.--The following are
hereby advisory bodies for the Executive Agent for
Declassification:
(1) The Public Interest Declassification Board established
by section 703(a) of the Public Interest Declassification Act
of 2000 (Public Law 106-567).
(2) The Office of the Historian of the Department of State.
(3) The Historical Office of the Secretary of Defense.
(4) The office of the chief historian of the Central
Intelligence Agency.
(b) Matters Pertaining to the Public Interest
Declassification Board.--
(1) Continuity of membership.--Subsection (c)(2) of section
703 of the Public Interest Declassification Act of 2000
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by
adding at the end the following:
``(E) Notwithstanding the other provisions of this
paragraph, a member whose term has expired may continue to
serve until a successor is appointed.''.
(2) Meetings.--Subsection (e) of such section is amended,
in the second sentence, by inserting ``appointed'' before
``members''.

[[Page S3224]]

SEC. __6. REPORTING.

(a) Annual Report.--Not later than the end of the first
full fiscal year beginning after the date of the enactment of
this Act and not less frequently than once each fiscal year,
the Executive Agent for Declassification shall submit to
Congress and make available to the public a report on the
implementation of declassification programs and processes in
the most recently completed fiscal year.
(b) Coordination.--The report shall be coordinated with the
Annual Report of the Information Security Oversight Office in
the National Archives and Records Administration pursuant to
Section 5.2(b)(8) of Executive Order 13526.
(c) Contents.--Each report submitted and made available
under subsection (a) shall include, for the period covered by
the report, the following:
(1) The costs incurred by the Federal Government for
classification and declassification.
(2) A description of information systems of the Federal
Government and technology programs, processes, and systems of
Executive agencies related to declassification.
(3) A description of the policies and directives issued by
the Executive Agent for Declassification and other activities
of the Executive Agent for Declassification.
(4) A description of the challenges posed to Executive
agencies in implementing the policies and directives of the
Executive Agent for Declassification relating to
declassification as well as the policies of the Executive
agencies.
(5) A description of pilot programs and new investments in
programs, processes, and systems relating to declassification
and metrics of effectiveness for such programs, processes,
and systems.
(6) A description of progress and challenges in achieving
the goal described in section 4(c)(1).

SEC. __7. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this
title $5,000,000 for fiscal year 2021.
______