6 July 1998: Link to Amendment as Substitute for S.712
3 July 1998
Date: Fri, 3 Jul 1998 09:33:23 -0700 (PDT) Subject: Substitute Secrecy Reform Act To: jy@jya.com From: nobody@shinobi.alias.net (Anonymous) NCC Washington Update, vol. 4, #25 July 1, 1998 [National Coordinating Committee for the Promotion of History] Senate Committee Adopts Substitute Bill for Moynihan's Government Secrecy Reform Act Senate Committee Adopts Substitute Bill for Moynihan's Government Secrecy Reform Act -- On June 17 the Senate Governmental Affairs Committee met to consider a substitute bill for S.712, the Government Secrecy Reform Act of 1998. By voice vote, with no negative votes heard, the Committee passed the substitute bill proposed by Senator Fred Thompson (R-TENN), the chair of the Committee, and Senator Susan Collins (R-ME). The original bill had provided a framework for reform but had lacked the specifics which this bill provides. The substitute bill make four major changes from the bill that was originally introduced. First, this bill eliminates the section calling for the establishment of a National Declassification Center in an existing agency -- which many had thought could be the National Archives -- and instead expands the functions and oversight responsibilities of the existing Information Security Oversight Office (ISOO) and moves that office from the National Archives to the Executive Office of the President. Second, the bill states that classified information must be declassified after 25 years unless, as the bill summary states, "extraordinary circumstances" require that it remain classified. The original bill had a 30 year time limit for most information to remain classified. Third, the substitute bill retains the balancing test of the original bill; however, the revised bill establishes criteria to guide agency classification decisions for weighing the concerns of national security and the public interest in disclosure. The national security criteria are taken directly from President Clinton's E.O 12958 and the public interest criteria are newly developed for the substitute bill. Fourth, the substitute bill establishes a Classification and Declassification Review Board composed of 5 public members to hear agency and individual appeals regarding classification and declassification decisions. Once the report for the amended S. 712 is filed, which is expected to happen in mid-July, then the substitute bill will be referred to the Senate Select Committee on Intelligence for 30 days for their consideration. It is anticipated that the Intelligence Committee may hold hearings and may have objections to the balancing test provision of the bill. Since there appears to be little attention in the House to this legislation and since there are not many legislative days remaining before adjournment, it is doubtful that this legislation will pass in the 105th Congress. [end segment]
For background see: Original S.712: http://jya.com/s712.txt Floor debate of S.712 and meetings: http://jya.com/s712-more.txt