Legislation seeks to codify, review, evaluate U.S. classification process

The Sensible Classification Act would codify classification authority, streamline declassification, invest in new technology for classification reviews and require an evaluation of existing security.

Members of the U.S. House Permanent Select Committee on Intelligence today introduced the legislation to reform and modernize the security classification system to reduce overclassification, prevent mishandling of classified information, promote better use of intelligence, and strengthen public trust.

“As a former CIA case officer who routinely handled classified information, I know that America’s current classification system needs reform,” said Spanberger, who is a member of the committee. “That’s why I’m proud to be a part of this bipartisan, bicameral effort to increase accountability, protect classified information from bad actors and prevent overclassification. As a Member of the House Intelligence Committee, I believe that both our national security and the American people’s trust in our intelligence community can be strengthened if we make commonsense fixes to our outdated classification system.”

The legislation would undertake significant reforms to the classification process.

“Our classified information systems are critical to the nation’s security and secrets, and technology has helped increase our capabilities over recent years,” said U.S. Rep. Brad Wenstrup, also a member of the committee. “At the same time, the government too often overclassifies information, which has led the American people to distrust their government. As a member of the House Permanent Select Committee on Intelligence, I want the declassification process to be efficient, so citizens have the transparency they deserve, while also keeping our secrets out of enemy hands. This bill strikes that balance and will enhance accountability and oversight.”

Specifically, the Sensible Classification Act would:

• Codify classification authority as the President, Vice President, head of an agency or the individual to whom such authority has been delegated and specify how the authority is delegated and the training required to receive it;
• Promote efficient declassification for records under the Freedom of Information Act(FOIA) or Mandatory Declassification Review;
• Require training to promote sensible classification;
• Improve the Public Interest Declassification Board (PIDB) by allowing for additional staff to be hired and permitting members to serve until a successor is appointed;
• Direct the federal government to develop an integrated technology solution on classification and declassification; and
• Direct federal agencies to conduct a study on the necessity of number and types of security clearances with sufficient justification.

Companion legislation in the U.S. Senate was introduced in May 2023 by U.S. Sens. Mark R. Warner of Virginia, John Cornyn of Texas, Ron Wyden of Oregon, and Jerry Moran of Kansas. Warner is chair of the U.S. Senate Select Committee on Intelligence.