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Code · BILL · 113th Congress · S. 2683 (Introduced in Senate) — To reform classification and security clearance processes throughout the Federal Government and, within the Departmen... · Sec. 106

Sec. 106. Public Interest Declassification Board enhancements

921 words·~4 min read·/bill/113/s/2683/is/section-106

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Subsections
(a)and
(b)of section 704 of the Public Interest Declassification Act of 2000 (50 U.S.C. 3161 note; Public Law 106–567 ) are amended to read as follows: The head of any agency with the authority under an Executive order to classify information shall annually provide to the Board, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a summary briefing and report on the progress and plans of such agency in the declassification of national security information. Each briefing and report required under subparagraph
(A)shall— cover the declassification goals set by statute, regulation, or policy, the progress of the agency towards completing such goals, and the planned goals and priorities of the agency for its declassification activities over the 2 fiscal years following the report; give particular attention to progress on the declassification of records and materials that are of extraordinary public interest to the people of the United States; and include information on the disposition of recommendations regarding special searches for records of extraordinary public interest submitted pursuant to subsection (c). The annual briefing and report under subparagraph
(A)for agencies within the Department of Defense, including the military departments and the elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )), shall be provided on a consolidated basis. The Board shall, on an ongoing basis, review classification guidance required pursuant to Executive Order 13526 ( 50 U.S.C. 3161 note) or successor order utilized within each agency to assess— the validity of the national security basis for each instruction in the classification guidance; the clarity of each instruction within the classification guidance to ensure that only the minimum necessary information is classified; and the feasibility of narrowing or eliminating any classification guidance that is unnecessary or obsolete. Not later than 90 days after the date of the enactment of the Clearance and Over-Classification Reform and Reduction Act , the Chairperson of the Board shall submit a multi-year plan for reviewing classification guidance utilized within each agency, with benchmarks for when and, to the extent practicable, which classification guidance will be reviewed and how the findings will be shared with the head of each agency and the inspector general of each agency. Not later than one year after the date of the enactment of the Clearance and Over-Classification Reform and Reduction Act , the Chairperson of the Board shall submit recommendations for harmonizing and reducing classification guidance across the Federal Government to the President. Upon reviewing classification guidance and discussing declassification plans and progress with an agency, the Board shall provide to the head of that agency, the Director of the Office of Management and Budget, and the Assistant to the President for National Security Affairs the written recommendations of the Board as to how the classification guidance and declassification program of the agency could be improved. Not later than 60 days after the Board provides written recommendations to the head of an agency in accordance with paragraph (1), the Board shall make such recommendations public in accordance with section 703(k). . Subsection
(f)of section 703 of such Act is amended to read as follows: The Chairperson of the Board, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of a Director, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairperson of the Board, in accordance with rules agreed upon by the Board, may appoint and fix the pay of personnel as may be necessary to enable the Board to carry out its functions. The Director and staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Any employee of the Federal Government may be detailed to the Board with the agreement of, and without reimbursement to, the detailing agency, and such detail shall be without interruption or loss of civil, military, or foreign service status or privilege. . Subsection
(h)of section 703 of such Act is amended to read as follows: The Chairperson of the Board shall be compensated at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code. Each member of the Board shall be compensated at a rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of such title, for each day during which that member is engaged in the actual performance of the duties of the Board. Members of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. . Section 704(c) of such Act is amended by adding at the end the following new paragraph: In carrying out this subsection, the Board shall conduct public meetings on at least a semiannual basis and publish in the Federal Register notice of such meetings. . Subsection
(b)of section 710 of such Act is amended by striking 2018. and inserting 2024. .
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  • Pub. L. 106-567
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Sec. 106
Public Interest Declassification Board enhancements
Pub. L.Pub. L. 106-567
Cites 4Cited by 0 across 0 sources
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