Sec. 711. Executive Agent for Classification and Declassification
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Title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. ), as amended by section 702, is further amended by adding at the end the following: There is in the executive branch of the Federal Government an Executive Agent for Classification and Declassification who shall be responsible for promoting programs, processes, and systems relating to classification and declassification, including developing technical solutions for automating declassification review and directing resources for such purposes in the Federal Government.
The Director of National Intelligence shall serve as the Executive Agent for Classification and Declassification. The duties of the Executive Agent for Classification and Declassification are as follows: To promote classification and declassification 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.
To promote classification and declassification programs, processes, and systems that ensure secure management of and tracking of classified records. To promote the establishment of a federated classification and declassification system to streamline, modernize, and oversee declassification across agencies. To direct resources to develop, coordinate, and implement a federated classification and declassification system that includes technologies that automate declassification review and promote consistency in declassification determinations across the executive branch of the Federal Government.
To work with the Director of the Office of Management and Budget in developing a line item for classification and declassification in each budget of the President that is submitted for a fiscal year under section 1105(a) of title 31, United States Code. To identify and support the development of— best practices for classification and declassification among agencies; and goal-oriented classification and declassification pilot programs. To promote and implement technological and automated solutions relating to classification and declassification, with human input as necessary for key policy decisions.
To promote feasible, sustainable, and interoperable programs and processes to facilitate a federated classification and declassification system. To direct the implementation across agencies of the most effective programs and approaches relating to classification and declassification. To establish, oversee, and enforce acquisition and contracting policies relating to classification and declassification programs. In coordination with the Information Security Oversight Office— to issue policies and directives to the heads of agencies relating to directing resources and making technological investments in classification and declassification that include support for a federated system; to ensure implementation of the policies and directives issued under subparagraph (A); to collect information on classification and declassification practices and policies across agencies, including training, accounting, challenges to effective declassification, and costs associated with classification and declassification; to develop policies for ensuring the accuracy of information obtained from Federal agencies; and to develop accurate and relevant metrics for judging the success of classification and declassification policies and directives.
To work with appropriate agencies to oversee the implementation of policies, procedures, and processes governing the submission of materials for pre-publication review by persons obligated to submit materials for such review by the terms of a nondisclosure agreement signed in accordance with Executive Order 12968 ( 50 U.S.C. 3161 note; relating to access to classified information), or successor order, and to ensure such policies, procedures, and processes— include clear and consistent guidance on materials that must be submitted and the mechanisms for making such submissions; produce timely and consistent determinations across agencies; and incorporate mechanisms for the timely appeal of such determinations.
In making decisions under this section, the Executive Agent for Classification and Declassification shall consult with the Executive Committee on Classification and Declassification Programs and Technology established under section 102(a). In implementing a federated classification and declassification system, the Executive Agent for Classification and 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), or successor order.
The programs, policies, and systems promoted by the Executive Agent for Classification and Declassification shall be consistent with the standards and directives established by the Information Security Oversight Office. Not later than the end of the first full fiscal year beginning after the date of the enactment of the Classification Reform Act of 2023 and not less frequently than once each fiscal year thereafter, the Executive Agent for Classification and Declassification shall submit to Congress and make available to the public a report on the implementation of classification and declassification programs and processes in the most recently completed fiscal year.
Each report submitted and made available under paragraph
(1)shall be coordinated with the annual report of the Information Security Oversight Office issued pursuant to section 814(d). Each report submitted and made available under subsection
(a)shall include, for the period covered by the report, the following: The costs incurred by the Federal Government for classification and declassification. A description of information systems of the Federal Government and technology programs, processes, and systems of agencies related to classification and declassification. A description of the policies and directives issued by the Executive Agent for Classification and Declassification and other activities of the Executive Agent for Classification and Declassification. A description of the challenges posed to agencies in implementing the policies and directives of the Executive Agent for Classification and Declassification as well as relevant implementing policies of the agencies. A description of pilot programs and new investments in programs, processes, and systems relating to classification and declassification and metrics of effectiveness for such programs, processes, and systems. A description of progress and challenges in achieving the goal described in (c)(1). There are authorized to be appropriated to carry out this section amounts as follows: $5,000,000 for fiscal year 2024. For fiscal year 2025 and each fiscal year thereafter, such sums as may be necessary to carry out this section. In each budget that the President submits to Congress for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include an estimate of the amounts required to carry out this section in that fiscal year. .
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Sec. 711
Executive Agent for Classification and Declassification
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