Sec. 4. Interagency Security Classification Appeals Panel
662 words·~3 min read·
/bill/116/s/4806/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established within the executive branch of the United States a panel to be known as the Interagency Security Classification Appeals Panel . The purposes of the Panel are as follows: 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.
To provide a member of Congress a mechanism for expedited review of a classification decision that is relevant to an active public policy debate. The duties of the Panel are as follows: Carrying out such activities as may be necessary for the purposes set forth under subsection (b). Conducting reviews under section 5(b). Such other duties as may be identified by the President. 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: The Secretary of State. The Secretary of Defense. The Attorney General. The Archivist of the United States. The Director of National Intelligence. The National Security Advisor. 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: The 6 members of the Panel appointed under paragraph (1). One member appointed by the Director of the Central Intelligence Agency. 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: The 6 members of the Panel appoints under paragraph (1). One member chosen by the Secretary of the Senate. One member chosen by the Clerk of the House of Representatives. 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. 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. The members of the Panel appointed under paragraph
(1)shall designate a chairperson from among the members of the Panel. The chairperson of the Panel shall report directly to the Director of the Information Security Oversight Office of the National Archives and Records Administration. The Director of the Information Security Oversight Office of the National Archives and Records Administration shall serve as the executive secretary of the Panel. The Director shall provide program and administrative support for the Panel. 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. The Panel shall select a highly qualified, public observer who shall— participate in activities and deliberations of the Panel; aid in transparency and provide an external, historical perspective to inform Panel deliberations; and be vetted and provided an interim and permanent security clearance. The Panel shall ensure that a person selected to serve as a public observer under paragraph (1)— has significant experience in examining and assessing public access to classified files or decisions in an academic, historic, or advocacy role; has a history of independence and nonpartisan advocacy for transparency and open debate relating to government records; and 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.