text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Information Classification Act of 
  1994''.
  
  SEC. 2. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
  
      (a) In General.--The National Security Act of 1947 (50 U.S.C. 401 
  et seq.) is amended by adding at the end the following new title:
  
                ``TITLE VIII--CLASSIFICATION OF INFORMATION
  
                         ``classification criteria
  
      ``Sec. 801. (a) Information may be classified under this title only 
  if the interest of the public in knowing such information is outweighed 
  by the damage to the national security of the United States which 
  demonstrably could be expected to result from the public release of 
  such information.
      ``(b) If there is reasonable doubt about the need to classify 
  information, it shall not be classified.
      ``(c) Information that may be considered for classification is 
  information that includes (but is not limited to) any of the following 
  concerns:
              ``(1) The ability of the United States military to defend 
          the Nation from armed aggression, engage in armed conflict, or 
          participate in peacekeeping or multinational operations abroad.
              ``(2) The vulnerability of United States Government 
          personnel, facilities, weapons technology, or related systems 
          to armed attack, loss or compromise, or measures that would 
          weaken their effectiveness or counter their capabilities.
              ``(3) Diplomatic relations between the United States and 
          another country or international organization of governments.
              ``(4) Intelligence sources and methods, including those 
          related to covert actions and cryptologic activities.
              ``(5) The ability of the United States to apply critical 
          research or technology to the national defense or foreign 
          relations of the United States.
      ``(d) In no case shall information be classified in order to--
              ``(1) conceal violations of law, inefficiency, or 
          administrative error;
              ``(2) prevent embarrassment to a person, organization, or 
          agency;
              ``(3) restrain competition;
              ``(4) prevent or delay the release of information that does 
          not require protection in the interests of national security;
              ``(5) control access to basic scientific research 
          information not clearly related to the national security;
              ``(6) control information after it has been released to the 
          public or a member thereof under proper authority; or
              ``(7) prevent the public release of a compilation of items 
          of information which individually are not classified.
  
                          ``classification levels
  
      ``Sec. 802. (a) Information may be classified if at the time the 
  original classification decision is made either of the following is 
  identified or described:
              ``(1) Exceptionally grave damage to the national security 
          of the United States which could demonstrably be expected to 
          result from the public release of such information.
              ``(2) Serious damage to the national security of the United 
          States which could demonstrably be expected to result from the 
          public release of such information.
      ``(b) Information shall be classified under subsection (a)(2) if 
  there is a reasonable doubt about the appropriate level of 
  classification.
      ``(c)(1) Information obtained directly from a foreign government 
  may retain the classification assigned by that foreign government if 
  the foreign government is on the list published under section 
  805(b)(3).
      ``(2) Information obtained directly from a foreign government that 
  is not on the list published under section 805(b)(3) may only be 
  classified under this title.
  
                         ``classification authority
  
      ``Sec. 803. Original classification authority may only be exercised 
  by the President and such other officials as the President may 
  designate. The President shall publish annually in the Federal Register 
  the officials designated under this section to exercise original 
  classification authority.
  
                        ``duration of classification
  
      ``Sec. 804. (a) To the extent possible, the original classification 
  authority shall determine the date when or event upon which 
  declassification shall occur, based on the duration of the national 
  security sensitivity of the information. The date or event may not 
  exceed the periods specified in subsection (b), except as provided in 
  subsection (c).
      ``(b) Except as provided in subsection (c)--
              ``(1) information classified under section 802(a)(1) shall 
          be marked for declassification not later than the end of the 
          10-year period beginning on the date of the original 
          classification decision; and
              ``(2) information classified under section 802(a)(2) shall 
          be marked for declassification not later than the end of the 6-
          year period beginning on the date of the original 
          classification decision.
      ``(c)(1) Not earlier than 180 days before the scheduled date of 
  declassification of information, the original classification authority 
  or successor may extend the period for which such information is to 
  remain classified. Any such extension shall be based on the continued 
  existence of the basis for the original classification, as specified in 
  the original classification determination.
      ``(2) The period of extension of the classification of information 
  under paragraph (1) may not exceed the original period for which such 
  information was classified.
      ``(3) Additional periods of extension of classification of 
  information under this subsection may be made in accordance with this 
  subsection.
      ``(d) Whenever information classified under this title is requested 
  for release under any other provision of law, the original 
  classification authority or successor shall review the basis for the 
  original classification decision and determine whether the information 
  can be declassified or whether the classification level can be reduced.
      ``(e)(1) Except as provided in paragraph (3), information 
  classified under Executive Order 12356, as in effect on the day before 
  the date of approval of the joint resolution under section 806, may 
  remain classified for the shorter of--
              ``(A) the original period specified in the original 
          classification of the information, beginning on the date of 
          such original classification, or
              ``(B) the 25-year period beginning on the date of the 
          original classification of such information.
      ``(2) Upon the expiration of the period applicable under paragraph 
  (1) to information, the information shall be declassified unless the 
  period of classification is extended under subsection (c).
      ``(3) In the case that, with respect to information, both periods 
  specified under paragraph (1) either have expired or will expire within 
  180 days after the date of approval of the joint resolution under 
  section 806, the information shall be declassified on the date that is 
  180 days after such date unless the period of classification is 
  extended under subsection (c).
  
                  ``information security oversight office
  
      ``Sec. 805. (a) There shall be the Information Security Oversight 
  Office, to be headed by a director appointed by the President.
      ``(b) The Office shall be responsible for the following:
              ``(1) All functions and responsibilities exercised by the 
          Information Security Oversight Office as such functions and 
          responsibilities existed on the day before the date of 
          enactment of this title.
              ``(2)(A) A periodic review of the classification of 
          information under this title, including--
                      ``(i) the appropriateness of the level of 
                  classification to the information classified; and
                      ``(ii) the basis for the classification decision 
                  with respect to the information.
              ``(B) Referring to the original classification authority or 
          successor for reconsideration of questions concerning 
          information raised pursuant to paragraph (2).
              ``(3) The annual determination of, and publication of a 
          list of, foreign governments that have written procedures 
          generally applicable to the classification of information that 
          are available to the public.
      ``(c) This section shall take effect on the date of approval of the 
  joint resolution under section 806.
  
              ``congressional approval of implementing actions
  
      ``Sec. 806. (a) The President shall develop a proposal for 
  implementing this title and shall submit such proposal to the Congress 
  for approval in accordance with subsection (b).
      ``(b)(1) The proposal referred to in subsection (a) may not take 
  effect until after Congress approves the proposal by joint resolution 
  in accordance with this section.
      ``(2) Any such joint resolution shall be considered in the Senate 
  in accordance with the provisions of section 601(b) of the 
  International Security Assistance and Arms Export Control Act of 1976.
      ``(3) For the purpose of expediting the consideration and enactment 
  of joint resolutions under this subsection, a motion to proceed to the 
  consideration of any such joint resolution after it has been reported 
  by the appropriate committee shall be treated as highly privileged in 
  the House of Representatives.
  
                               ``definitions
  
      ``Sec. 807. For the purposes of this title:
              ``(1) The term `information' means any knowledge that can 
          be communicated or documentary material, regardless of its 
          physical form or characteristics, that is owned by, produced by 
          or for, or is under the control of the United States 
          Government.
              ``(2) The term `original classification' means an initial 
          determination that information requires, in the interest of 
          national security, protection against public release.''.
      (b) Conforming Amendment.--The table of contents of the National 
  Security Act of 1947 is amended by adding at the end the following:
  
                ``TITLE VIII--CLASSIFICATION OF INFORMATION
  
          ``Sec. 801. Classification criteria.
          ``Sec. 802. Classification levels.
          ``Sec. 803. Classification authority.
          ``Sec. 804. Duration of classification.
          ``Sec. 805. Information Security Oversight Office.
          ``Sec. 806. Congressional approval of implementing actions.
          ``Sec. 807. Definitions.''.
target: Information Classification Act of 1994 - Amends the National Security Act of 1994 to add provisions relating to the classification and declassification of information.  Allows information to be classified under such Act only if the public interest in knowing such information is outweighed by national security damage which could be expected to result from the release of such information. Provides that if there is reasonable doubt about the need to classify information, it shall not be classified.  Specifies information that may be classified (military, diplomatic, or intelligence information, or research or technology critical to the national defense) and purposes for which information shall not be classified (to conceal violations of law, inefficiency, or error, prevent embarassment, restrain competition, or control access to information not clearly related to national security).  Provides:  (1) classification levels (exceptionally grave damage, serious damage); (2) classification authority only for the President and his designees; and (3) classification duration (ten years for the highest classification, six for the next level, with authorized extensions).  Establishes the Information Security Oversight Office. Requires such Office to periodically review the classification of information under such Act. 
  Directs the President to develop and submit to the Congress for approval a proposal for implementing this Act.  Requires congressional approval by joint resolution.
feat_title: Information Classification Act of 1994