Unauthorized Disclosure of Classified Information Act of 1985

Summary

Amends the National Security Act of 1947 by adding a new Title V entitled Classification and Declassification of National Security Information. Directs the President to issue binding regulations which provide for the classification of information in the interest of national security. Sets forth and defines three levels ("Top Secret," "Secret," and "Confidential") by which national security information shall be classified. Grants authority to originate the classification of material only to the President, agency heads, such officials as the President may designate, or subordinates of such officials designated by them to have such authority. Requires designations of such original classification authority to be kept to the smallest number practicable. Identifies information required to be considered for classification, including any information which if disclosed could cause identifiable damage to the national security. Requires information to remain classified as long as national security requires, and to be declassified as soon as national security permits. Allows U.S. citizens or permanent resident aliens to request a review of specifically-identified classified information to determine whether such information may be declassified and released. Prohibits the classification of information in order to: (1) conceal violations of law, inefficiency, or administrative error; (2) prevent embarassment to a person, organization, or agency; (3) restrain competition; or (4) prevent or delay the release of information which does not require protection in the interest of national security. Declares that nothing in this Act shall affect any requirement made under the Atomic Energy Act of 1954, or any responsibilities of the President under article II of the Constitution. Exempts classified material from the mandatory disclosure provisions of the Freedom of Information Act. Amends the National Security Act of 1947 to add a new Title VI entitled Safeguarding Classified Information. Directs the President to issue binding regulations which provide for the safeguarding of information classified pursuant to title V. Requires the President of the Senate and the Speaker of the House of Representatives to issue rules governing the protection of such information furnished to the Congress, and the Chief Justice of the United States to issue similar rules on such information furnished to the Federal courts. Outlines provisions to be included in the orders or regulations issued by the President. Unauthorized Disclosure of Classified Information Act of 1985 - Adds a new Title VII entitled Unauthorized Disclosure of Classified Information to the National Security Act of 1947. Provides criminal penalties for the disclosure or attempted disclosure of classified material to any unauthorized person. Prohibits prosecution unless the Attorney General of the United States and the appropriate department or agency head certify such information to have been lawfully classified at the time of such disclosure.

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1 official file

• Introduced in House

  summary · EN · 15 July 1985

  Open at official source

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