Sec. 721. Classification and declassification of information
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Title VIII of the National Security Act of 1947, as amended by chapter 2 of this subtitle, is further amended by adding at the end the following: The President may, in accordance with this title, protect from unauthorized disclosure any information owned by, produced by or for, or under the control of the executive branch when there is a demonstrable need to do so in order to protect the national security of the United States. The President shall, to the extent necessary, establish categories of information that may be classified and procedures for classifying information under subsection (a).
At the same time the President establishes categories and procedures under subparagraph (A), the President shall establish procedures for declassifying information that was previously classified. The procedures established pursuant to subparagraphs
(A)and
(B)shall— permit the classification of information only in cases in which the information meets the standard set forth in subsection
(c)and require the declassification of information that does not meet such standard; provide for no more than two levels of classification; provide for the declassification of information classified under this title in accordance with subsection (d); provide for the automatic declassification of classified records with permanent historical value in accordance with subsection (e); and provide for the timely review of materials submitted for pre-publication review in accordance with subsection (g). The President shall publish in the Federal Register notice regarding the categories and procedures proposed to be established under paragraph (1). The President shall provide an opportunity for interested persons to submit comments on the categories and procedures covered by subparagraph (A). The President shall complete the establishment of categories and procedures under this subsection not later than 60 days after publishing notice in the Federal Register under subparagraph (A). Upon completion of the establishment of such categories and procedures, the President shall publish in the Federal Register notice regarding such categories and procedures. In the event the President determines to modify any categories or procedures established under paragraph (1), subparagraphs
(A)and
(B)of paragraph
(2)shall apply to the modification of such categories or procedures. The head of each agency shall establish a single set of consolidated standards and procedures to permit such agency to classify and declassify information created by such agency in accordance with the categories and procedures established by the President under this section and otherwise to carry out this title. Each agency head shall establish the standards and procedures under subparagraph
(A)not later than 60 days after the date on which the President publishes notice under paragraph (2)(C) of the categories and standards established by the President under this subsection. Each agency head shall submit to Congress the standards and procedures established by such agency head under this paragraph. Subject to paragraphs
(2)and (3), information may be classified under this title, and classified information under review for declassification under this title may remain classified, only if the harm to national security that might reasonably be expected from disclosure of such information outweighs the public interest in disclosure of such information. In the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information would outweigh the public interest in the disclosure of such information, such information shall not be classified. In the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information previously classified under this title would outweigh the public interest in the disclosure of such information, such information shall be declassified. For purposes of this subsection, in determining the harm to national security that might reasonably be expected from disclosure of information, and the public interest in the disclosure of information, the official making the determination shall consider the following: With regard to the harm to national security that might reasonably be expected from disclosure of information, whether or not disclosure of the information would— reveal the identity of a confidential human source, or reveal information about the application of an intelligence source or method, or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the United States; reveal information that would assist in the development or use of weapons of mass destruction; reveal information that would impair United States cryptologic systems or activities; reveal information that would impair the application of state-of-the-art technology within a United States weapons system; reveal actual United States military war plans that remain in effect; reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; reveal information that would clearly and demonstrably impair the current ability of United States Government officials to protect the President, Vice President, and other officials for whom protection services, in the interest of national security, are authorized; reveal information that would seriously and demonstrably impair current national security emergency preparedness plans; or violate a statute, treaty, or international agreement. With regard to the public interest in disclosure of information— whether or not disclosure of the information would better enable United States citizens to hold Government officials accountable for their actions and policies; whether or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution; whether or not disclosure of the information would assist Congress, or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities; whether the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or whether or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Government efficiency. Each agency official who makes a decision to classify information not previously classified shall, at the time of the classification decision— identify himself or herself; and provide in writing a detailed justification of that decision. In any case in which an agency official or contractor employee classifies a document on the basis of information previously classified that is included or referenced in the document, the official or employee, as the case may be, shall— identify himself or herself in that document; and use a concise notation, or similar means, to document the basis for that decision. In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order— to conceal violations of law, inefficiency, or administrative error; to prevent embarrassment to a person, organization, or agency; to restrain competition; or to prevent or delay the release of information that does not require protection in the interest of national security. Basic scientific research information not clearly related to national security shall not be classified. Information may not be reclassified after being declassified and release to the public under proper authority unless personally approved by the President based on a determination that such reclassification is required to prevent significant and demonstrable damage to national security; No information may remain classified indefinitely. Except as provided in paragraphs (3), (4), and (5), information may not remain classified under this title after the date that is 25 years after the date of the original classification of the information. When classifying information under this title, an agency official may provide for the declassification of the information as of a date or event that is earlier than the date otherwise provided for under paragraph (2). When classifying information under this title, an agency official may provide for the declassification of the information on the date that is 50 years after the date of the classification if the head of the agency— determines that there is no likely set of circumstances under which declassification would occur within the time otherwise provided for under paragraph (2); obtains the concurrence of the director of the Information Security Oversight Office in the determination; or seeks but is unable to obtain concurrence under clause (i), obtains the concurrence of the President; and submits to the President a certification of the determination. The declassification of any information or category of information that would otherwise be declassified under paragraph
(2)or
(4)may be postponed, but only with the personal approval of the President based on a determination that such postponement is required to prevent significant and demonstrable damage to the national security of the United States. Information the declassification of which is postponed under this paragraph may remain classified not longer than 10 years after the date of the postponement, unless such classification is renewed by the President. Within 30 days of any postponement or renewal of a postponement under this paragraph, the President shall provide written notification to Congress of such postponement or renewal that describes the significant and demonstrable damage to the national security of the United States that justifies such postponement or renewal. An agency official making a determination under this subsection with respect to the duration of classification of information, or the declassification of information, shall make the determination required under subsection
(c)with respect to classification or declassification in accordance with an assessment of the criteria specified in paragraph
(3)of such subsection
(c)that is current as of the determination. Except as provided in paragraph (2), all classified records that are more than 50 years old and have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified on December 31 of the year that is 50 years after the date on which the records were created, whether or not the records have been reviewed. The head of an agency may postpone automatic declassification under paragraph
(1)of specific records or information, or renew a period of postponed automatic declassification, if the agency head determines that disclosure of the records or information would clearly and demonstrably be expected— to reveal the identity of a confidential human source or a human intelligence source; or to reveal information that would assist in the development, production, or use of weapons of mass destruction. The President may postpone automatic declassification under paragraph
(1)of specific records or information if the President determines that such postponement is required to prevent significant and demonstrable damage to the national security of the United States. A period of postponement of automatic declassification under this paragraph shall not exceed 10 years after the date of the postponement, unless renewed by the agency head who postponed the automatic declassification or the President. Within 30 days of any postponement or renewal of a postponement under this paragraph, the President or the head of the agency responsible for the postponement shall provide written notification to Congress of such postponement or renewal that describes the justification for such postponement or renewal. The President shall establish procedures for declassifying information that was classified before the date of the enactment of the Classification Reform Act of 2023 . Such procedures shall, to the maximum extent practicable, be consistent with the provisions of this section. The procedures established under paragraph
(1)shall include procedures for the automatic declassification of information referred to in paragraph
(1)that has remained classified for more than 25 years as of such date. The President shall publish notice in the Federal Register of the procedures proposed to be established under this subsection. The President shall provide an opportunity for interested persons to submit comments on the procedures covered by subparagraph (A). The President shall complete the establishment of procedures under this subsection not later than 60 days after publishing notice in the Federal Register under subparagraph (A). Upon completion of the establishment of such procedures, the President shall publish in the Federal Register notice regarding such procedures. The head of each agency that requires personnel to sign a nondisclosure agreement in accordance with Executive Order 12968 ( 50 U.S.C. 3161 note; relating to access to classified information), or successor order, providing for the submittal of materials for pre-publication review, shall establish a process for the timely review of such materials consistent with the requirements of this title. Each process established under paragraph
(1)shall include the following: Clear guidance on materials required to be submitted and the means of submission. Mechanisms for ensuring consistent decision making across multiple agencies. Mechanisms for appeal of decisions made in the course of the review process. The President shall establish a mechanism for centralized appeal of agency decisions made pursuant to this subsection. . Section 552(b)(1) of title 5, United States Code, is amended to read as follows: specifically authorized to be classified under the title VIII of the National Security Act of 1947, or specifically authorized under criteria established by an Executive order to be kept secret in the interest of national security; and are in fact properly classified pursuant to that title or Executive order; . Section 821 of the National Security Act of 1947, as added by subsection (a), and the amendment made by subsection (b), shall take effect on the date that is 180 days after the date of the enactment of this Act. Presidential directives regarding classifying, safeguarding, and declassifying national security information, including Executive Order 13526 ( 50 U.S.C. 3161 note; relating to classified national security information), or successor order, in effect on the day before the date of the enactment of this Act, as well as procedures issued pursuant to such Presidential directives, shall remain in effect until superseded by procedures issues pursuant to section 821 of the National Security Act of 1947, as added by subsection (a).
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Sec. 721
Classification and declassification of information
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