[Congressional Record: September 28, 2010 (House)]
[Page H7075-H7077]
REDUCING OVER-CLASSIFICATION ACT
Ms. HARMAN. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 553) to require the Secretary of
Homeland Security to develop a strategy to prevent the over-
classification of homeland security and other information and to
promote the sharing of unclassified homeland security and other
information, and for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Over-Classification
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Commission on Terrorist Attacks Upon the
United States (commonly known as the ``9/11 Commission'')
concluded that security requirements nurture over-
classification and excessive compartmentation of information
among agencies.
(2) The 9/11 Commission and others have observed that the
over-classification of information interferes with accurate,
actionable, and timely information sharing, increases the
cost of information security, and needlessly limits
stakeholder and public access to information.
(3) Over-classification of information causes considerable
confusion regarding what information may be shared with whom,
and negatively affects the dissemination of information
within the Federal Government and with State, local, and
tribal entities, and with the private sector.
(4) Over-classification of information is antithetical to
the creation and operation of the information sharing
environment established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485).
(5) Federal departments or agencies authorized to make
original classification decisions or that perform derivative
classification of information are responsible for developing,
implementing, and administering policies, procedures, and
programs that promote compliance with applicable laws,
executive orders, and other authorities pertaining to the
proper use of classification markings and the policies of the
National Archives and Records Administration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Derivative classification and original
classification.--The terms ``derivative classification'' and
``original classification'' have the meanings given those
terms in Executive Order No. 13526.
(2) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
(3) Executive order no. 13526.--The term ``Executive Order
No. 13526'' means Executive Order No. 13526 (75 Fed. Reg.
707; relating to classified national security information) or
any subsequent corresponding executive order.
SEC. 4. CLASSIFIED INFORMATION ADVISORY OFFICER.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 210F. CLASSIFIED INFORMATION ADVISORY OFFICER.
``(a) Requirement To Establish.--The Secretary shall
identify and designate within the Department a Classified
Information Advisory Officer, as described in this section.
``(b) Responsibilities.--The responsibilities of the
Classified Information Advisory Officer shall be as follows:
``(1) To develop and disseminate educational materials and
to develop and administer training programs to assist State,
local, and tribal governments (including State, local, and
tribal law enforcement agencies) and private sector
entities--
``(A) in developing plans and policies to respond to
requests related to classified information without
communicating such information to individuals who lack
appropriate security clearances;
``(B) regarding the appropriate procedures for challenging
classification designations of information received by
personnel of such entities; and
``(C) on the means by which such personnel may apply for
security clearances.
``(2) To inform the Under Secretary for Intelligence and
Analysis on policies and procedures that could facilitate the
sharing of classified information with such personnel, as
appropriate.
``(c) Initial Designation.--Not later than 90 days after
the date of the enactment of the Reducing Over-Classification
Act, the Secretary shall--
``(1) designate the initial Classified Information Advisory
Officer; and
``(2) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a written
notification of the designation.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 210E the following:
``Sec. 210F. Classified Information Advisory Officer.''.
SEC. 5. INTELLIGENCE INFORMATION SHARING.
(a) Development of Guidance for Intelligence Products.--
Paragraph (1) of section 102A(g) of the National Security Act
of 1947 (50 U.S.C. 403-1(g)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting a semicolon and ``and''; and
(3) by adding at the end the following:
``(G) in accordance with Executive Order No. 13526 (75 Fed.
Reg. 707; relating to classified national security
information) (or any subsequent corresponding executive
order), and part 2001 of title 32, Code of Federal
Regulations (or any subsequent corresponding regulation),
establish--
``(i) guidance to standardize, in appropriate cases, the
formats for classified and unclassified intelligence products
created by elements of the intelligence community for
purposes of promoting the sharing of intelligence products;
and
``(ii) policies and procedures requiring the increased use,
in appropriate cases, and including portion markings, of the
classification of portions of information within one
intelligence product.''.
(b) Creation of Unclassified Intelligence Products as
Appropriate for State, Local, Tribal, and Private Sector
Stakeholders.--
(1) Responsibilities of secretary relating to intelligence
and analysis and infrastructure protection.--Paragraph (3) of
section 201(d) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)) is amended to read as follows:
``(3) To integrate relevant information, analysis, and
vulnerability assessments (regardless of whether such
information, analysis or assessments are provided by or
produced by the Department) in order to--
``(A) identify priorities for protective and support
measures regarding terrorist and other threats to homeland
security by the Department, other agencies of the Federal
Government, State, and local government agencies and
authorities, the private sector, and other entities; and
``(B) prepare finished intelligence and information
products in both classified and unclassified formats, as
appropriate, whenever reasonably expected to be of benefit to
a State, local, or tribal government (including a State,
local, or tribal law enforcement agency) or a private sector
entity.''.
(2) ITACG detail.--Section 210D(d) of the Homeland Security
Act of 2002 (6 U.S.C. 124k(d)) is amended--
(A) in paragraph (5)--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) by redesignating subparagraph (E) as subparagraph (F);
and
(iii) by inserting after subparagraph (D) the following:
``(E) make recommendations, as appropriate, to the
Secretary or the Secretary's designee, for the further
dissemination of intelligence products that could likely
inform or improve the security of a State, local, or tribal
government, (including a State, local, or tribal law
enforcement agency) or a private sector entity; and'';
(B) in paragraph (6)(C), by striking ``and'' at the end;
[[Page H7076]]
(C) in paragraph (7), by striking the period at the end and
inserting a semicolon and ``and''; and
(D) by adding at the end the following:
``(8) compile an annual assessment of the ITACG Detail's
performance, including summaries of customer feedback, in
preparing, disseminating, and requesting the dissemination of
intelligence products intended for State, local and tribal
government (including State, local, and tribal law
enforcement agencies) and private sector entities; and
``(9) provide the assessment developed pursuant to
paragraph (8) to the program manager for use in the annual
reports required by subsection (c)(2).''.
(c) Interagency Threat Assessment and Coordination Group
Annual Report Modification.--Subsection (c) of section 210D
of the Homeland Security Act of 2002 (6 U.S.C. 124k) is
amended--
(1) in the matter preceding paragraph (1), by striking ``,
in consultation with the Information Sharing Council,'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting a semicolon and ``and''; and
(4) by adding at the end the following:
``(3) in each report required by paragraph (2) submitted
after the date of the enactment of the Reducing Over-
Classification Act, include an assessment of whether the
detailees under subsection (d)(5) have appropriate access to
all relevant information, as required by subsection
(g)(2)(C).''.
SEC. 6. PROMOTION OF ACCURATE CLASSIFICATION OF INFORMATION.
(a) Incentives for Accurate Classifications.--In making
cash awards under chapter 45 of title 5, United States Code,
the President or the head of an Executive agency with an
officer or employee who is authorized to make original
classification decisions or derivative classification
decisions may consider such officer's or employee's
consistent and proper classification of information.
(b) Inspector General Evaluations.--
(1) Requirement for evaluations.--Not later than September
30, 2016, the inspector general of each department or agency
of the United States with an officer or employee who is
authorized to make original classifications, in consultation
with the Information Security Oversight Office, shall carry
out no less than two evaluations of that department or agency
or a component of the department or agency--
(A) to assess whether applicable classification policies,
procedures, rules, and regulations have been adopted,
followed, and effectively administered within such
department, agency, or component; and
(B) to identify policies, procedures, rules, regulations,
or management practices that may be contributing to
persistent misclassification of material within such
department, agency or component.
(2) Deadlines for evaluations.--
(A) Initial evaluations.--Each first evaluation required by
paragraph (1) shall be completed no later than September 30,
2013.
(B) Second evaluations.--Each second evaluation required by
paragraph (1) shall review progress made pursuant to the
results of the first evaluation and shall be completed no
later than September 30, 2016.
(3) Reports.--
(A) Requirement.--Each inspector general who is required to
carry out an evaluation under paragraph (1) shall submit to
the appropriate entities a report on each such evaluation.
(B) Content.--Each report submitted under subparagraph (A)
shall include a description of--
(i) the policies, procedures, rules, regulations, or
management practices, if any, identified by the inspector
general under paragraph (1)(B); and
(ii) the recommendations, if any, of the inspector general
to address any such identified policies, procedures, rules,
regulations, or management practices.
(C) Coordination.--The inspectors general who are required
to carry out evaluations under paragraph (1) shall coordinate
with each other and with the Information Security Oversight
Office to ensure that evaluations follow a consistent
methodology, as appropriate, that allows for cross-agency
comparisons.
(4) Appropriate entities defined.--In this subsection, the
term ``appropriate entities'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate;
(B) the Committee on Homeland Security, the Committee on
Oversight and Government Reform, and the Permanent Select
Committee on Intelligence of the House of Representatives;
(C) any other committee of Congress with jurisdiction over
a department or agency referred to in paragraph (1);
(D) the head of a department or agency referred to in
paragraph (1); and
(E) the Director of the Information Security Oversight
Office.
SEC. 7. CLASSIFICATION TRAINING PROGRAM.
(a) In General.--The head of each Executive agency, in
accordance with Executive Order 13526, shall require annual
training for each employee who has original classification
authority. For employees who perform derivative
classification, or are responsible for analysis,
dissemination, preparation, production, receipt, publication,
or otherwise communication of classified information,
training shall be provided at least every two years. Such
training shall--
(1) educate the employee, as appropriate, regarding--
(A) the guidance established under subparagraph (G) of
section 102A(g)(1) of the National Security Act of 1947 (50
U.S.C. 403-1(g)(1)), as added by section 5(a)(3), regarding
the formatting of finished intelligence products;
(B) the proper use of classification markings, including
portion markings that indicate the classification of portions
of information; and
(C) any incentives and penalties related to the proper
classification of intelligence information; and
(2) ensure such training is a prerequisite, once completed
successfully, as evidenced by an appropriate certificate or
other record, for--
(A) obtaining original classification authority or
derivatively classifying information; and
(B) maintaining such authority.
(b) Relationship to Other Programs.--The head of each
Executive agency shall ensure that the training required by
subsection (a) is conducted efficiently and in conjunction
with any other required security, intelligence, or other
training programs to reduce the costs and administrative
burdens associated with carrying out the training required by
subsection (a).
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Harman) and the gentleman from Georgia (Mr. Broun) each
will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. HARMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. HARMAN. Mr. Speaker, I rise in support of the motion to concur
with the Senate amendment to H.R. 553, and I yield myself such time as
I may consume.
For those who think nothing can happen in this very polarized year
and toxic political environment, listen up. Congress is about to pass
and send to the President H.R. 553, the Reducing Overclassification
Act.
It has taken 3 long years to get to this point. After scores of
hearings, the bill passed the House twice. The bill was amended by the
Senate and finally passed that body yesterday.
H.R. 553 curbs overclassification, the practice of stamping
intelligence ``secret'' for the wrong reasons, often to protect turf or
avoid embarrassment. Overclassification prevents the sharing of
accurate, actionable, and timely information horizontally across the
government and vertically with State and local law enforcement. This is
a problem now rampant throughout the intelligence community and one
identified by the 9/11 Commission as a major obstacle in preventing
future terror attacks.
To change the culture from ``need to know'' to ``need to share,''
H.R. 553:
Creates a Classified Information Advisory Officer to help State and
local law enforcement and the private sector access intelligence and
information about terror threats to their own communities.
It requires training and incentives to assure materials are
classified for the right reason--to protect sources and methods. Mr.
Speaker, it is no joke that people die and our ability to monitor
certain targets can be compromised if sources and methods are revealed.
Third, the bill requires ``portion marking'' so it is easy to
separate classified and nonclassified parts of a document and
standardizes procedures so that information can be more easily shared.
{time} 1740
H.R. 553 also requires inspectors general of departments which
classify information to issue reports and share them with any
congressional committees which seek them.
Finally, it builds on the President's executive order released last
month and is widely supported by open government and law enforcement
groups.
In conclusion, this bill will help first responders know what to look
for and what to do. They, not any of us in Congress or an analyst
sitting at a desk, will likely be the ones to uncover and foil the next
terror plot.
My thanks to Chairman Thompson and Ranking Member King and to
Senators Lieberman and Collins, who cleared the way for bill in the
House and in the Senate. Also thanks to the hardworking staffs of the
Senate and House Homeland Security Committees: Christian Beckner,
Brandon Milhorn, Vance Serchuk and Rosaline Cohen, and to my own
staffer, Meg King.
I urge prompt passage of this critical legislation, and hope our
President will sign it into law as soon as possible.
[[Page H7077]]
I reserve the balance of my time.
Mr. BROUN of Georgia. Mr. Speaker, I rise in support of the bill, and
I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 553, as amended
by the Senate. This bill was agreed to by voice vote in the House on
February 3, 2009, and on September 27, 2010, the bill passed the Senate
with an amendment by unanimous consent.
The 9/11 Commission concluded that security requirements nurtured
overclassification and excessive compartmentalization of information
among government agencies. This stovepiping, so-to-speak, interferes
with accurate, accountable, and timely information sharing, not only
among Federal agencies, but also with State and local law enforcement.
H.R. 553 focuses on reducing the overclassification of information at
the Department of Homeland Security and enhances understanding of the
classification system by State, local, tribal, and private-sector
partners.
The bill directs the Secretary of Homeland Security, DHS, operating
through the Under Secretary for Intelligence and Analysis, to identify
and designate a classified information advisory officer. The advisory
officer will assist State, local, tribal, and private-sector partners
who have responsibility for the security of critical infrastructure in
matters related to classified materials. Additionally, the office is
charged with developing educational materials and training programs to
assist these authorities in developing policies to respond to requests
related to classified information.
The bill also requires the head of each Federal department or agency
with classification authority to share intelligence products with
interagency threat assessment and coordination groups and allows them
in turn to recommend to the DHS Under Secretary For Intelligence and
Analysis to disseminate that product to the appropriate State, local,
or tribal entities. This will be critical in directing actionable
intelligence into the hands of those who need it the most.
H.R. 553 also aims at strengthening the responsibilities of the
Director of National Intelligence with respect to information sharing
government-wide and reinforces the authority of DNI to have maximum
access to all information within the intelligence community.
I urge my colleagues to support the bill. I congratulate Ms. Harman
on this great bill that I wholeheartedly support, and I look forward to
seeing it signed into law by the President, I hope very soon, just like
Ms. Harman does.
I reserve the balance of my time.
Ms. HARMAN. I thank the gentleman for his remarks and am pleased that
we have had this very polite and informative and bipartisan debate on
the House floor.
Mr. Speaker, we have no more speakers. If the gentleman from Georgia
has no more speakers, then I am prepared to close after he closes.
Mr. BROUN of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I just want to congratulate Ms. Harman. She and I worked
together. We both have a strong interest in having a strong
intelligence community, and I think both of us will agree that our
intelligence community needs some help. But we have seen this
overclassification of documents that has gotten to be a tremendous
problem.
Ms. Harman has brought forth this piece of legislation that is going
to help simplify the process and help our Federal Government to share
information with the State, local, and tribal entities, as well as the
private sector, so that they can have this information that they
desperately need to be able to ensure security.
As an original-intent Constitutionalist, I believe that the major
function of the Federal Government should be national security,
national defense. We in Congress I think have overlooked that duty in
many regards. I applaud Ms. Harman, Mr. Speaker, for her diligence in
the area of intelligence and national security, and I greatly applaud
her for this much-needed bill.
Mr. Speaker, I have no further speakers, so I yield back the balance
of my time.
Ms. HARMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in closing, police, firefighters and other first
responders bravely put their lives on the line to protect us. They have
proven their ability to unravel plots inside the U.S., like the
Torrance, California, police department, which discovered a plot to
attack military installations and religious sites in my district.
It is imperative that we give first responders and the public access
to the threat information they need to find those among us who would
seek to harm us. H.R. 553 ensures that. I urge its prompt passage, and
I do hope that the President will sign it into law.
Mr. THOMPSON of Mississippi. Mr. Speaker, over-classification of
homeland security information is a major barrier to Federal efforts at
fostering greater information sharing within the Federal Government as
well as with State, local, and tribal entities, and the private sector.
H.R. 553, the Reducing Over-Classification Act, introduced by
Congresswoman Jane Harman, tackles this practice in a comprehensive
fashion. To that end, H.R. 553 establishes a Classified Information
Advisory Officer within DHS's Office of Intelligence and Analysis to
develop and disseminate educational materials for State, local, and
tribal authorities and the private sector on how to challenge
classification designations and, at the same time, assist with the
security clearance process.
This bill also tackles the practice of over-classification within the
larger Intelligence Community (IC) by directing the Director of
National Intelligence to: take new, proactive, steps to promote
appropriate access of information by Federal, State, local, and tribal
governments with a need to know; issue guidance to standardize, in
appropriate cases, the formats for classified and unclassified
products; establish policies and procedures requiring the increased use
of so-called ``tear lines'' portion markings in intelligence products
to foster broader distribution to State, local, and tribal law
enforcement and others who need to access such information; and require
annual training for each IC employee with the authority to classify
material.
I am pleased that H.R. 553 also directs originators of intelligence
products to share information that could likely benefit first
preventers on the beat with the IC's in-house team of first preventer
analysts--the ``ITACG'' or ``Interagency Threat Assessment and
Coordination Group.''
The ITACG analysts have the boots-on-the-ground perspective on what
information lends itself to cops on the beat. Through this new process,
we will have a new mechanism to tackle the stovepiping of information
within the IC that we know cops need to keep their communities secure.
Reducing the amount of unnecessary classification and increasing the
amount of information shared throughout the public and private sectors
will contribute to improving or ability to detect, deter, and prevent
terrorist plots.
Nine years after the attacks of September 11th, we must stand
together and reject--once and for all--the practice of over-
classification, an outgrowth of the outdated ``need to know'' paradigm.
Finally, I would like to applaud the Chairwoman of my Committee's
Subcommittee on Intelligence, Information Sharing, and Terrorism Risk
Assessment Subcommittee--Representative Harman. She has worked on this
problem for many years and is a true champion for all the ``first
preventers'' out there that have been kept from accessing intelligence
information that they need to protect the public and should be
commended for her steadfast efforts on this government-wide challenge.
I urge my colleagues to support this important homeland security bill
so that we get it to the President's desk for his signature.
Ms. HARMAN. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Harman) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 553.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendment was concurred in.
A motion to reconsider was laid on the table.
____________________
[[Congressional Record: September 27, 2010 (Senate)]
[Page S7554-S7556]
REDUCING OVER-CLASSIFICATION ACT
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to Calendar No. 413, H.R. 553.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 553) to require the Secretary of Homeland
Security to develop a strategy to prevent the over-
classification of homeland security and other information and
to promote the sharing of unclassified homeland security and
other information, and for other purposes.
There being no objection, the Senate proceeded to consider the bill
which had been reported from the Committee on Homeland Security and
Governmental Affairs with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Over-Classification
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Commission on Terrorist Attacks Upon the
United States (commonly known as the ``9/11 Commission'')
concluded that there is a need to prevent over-classification
of information by the Federal Government.
(2) The 9/11 Commission and others have observed that the
over-classification of information interferes with accurate,
actionable, and timely information sharing, increases the
cost of information security, and needlessly limits public
access to information.
(3) Over-classification of information causes considerable
confusion about what information may be shared with whom, and
negatively affects the dissemination of information within
[[Page S7555]]
the Federal Government and with State, local, and tribal
entities, and the private sector.
(4) Excessive government secrecy stands in the way of a
safer and more secure homeland. Over-classification of
information is antithetical to the creation and operation of
the information sharing environment established under 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485).
(5) Federal departments or agencies authorized to make
original classification decisions or that perform derivative
classification of information are responsible for developing,
implementing, and administering policies, procedures, and
programs that promote compliance with applicable laws,
executive orders, and other authorities pertaining to the
proper use of classification markings and the policies of the
National Archives and Records Administration.
SEC. 3. CLASSIFIED INFORMATION ADVISORY OFFICER.
(a) In General.--Subsection (d) of section 201 of the
Homeland Security Act of 2002 (6 U.S.C. 121) is amended by
adding at the end the following:
``(26) To identify and designate, acting through the Under
Secretary for Intelligence and Analysis, a Classified
Information Advisory Officer to assist State, local, tribal,
and private sector entities that have responsibility for the
security of critical infrastructure, in matters related to
classified materials, as described in section 210F.''.
(b) Establishment and Responsibilities.--
(1) In general.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 210F. CLASSIFIED INFORMATION ADVISORY OFFICER.
``(a) Requirement To Establish.--The Secretary, acting
through the Under Secretary for Intelligence and Analysis,
shall identify and designate within the Department a
Classified Information Advisory Officer, as described in this
section.
``(b) Responsibilities.--The responsibilities of the
Classified Information Advisory Officer shall be as follows:
``(1) To develop and disseminate educational materials and
to develop and administer training programs to assist State,
local, tribal, and private sector entities with
responsibility related to the security of critical
infrastructure--
``(A) in developing plans and policies to respond to
requests related to classified information without
communicating such information to individuals who lack
appropriate security clearances;
``(B) regarding the appropriate procedures for challenging
classification designations of information received by
personnel of such entities; and
``(C) on the means by which such personnel may apply for
security clearances.
``(2) To inform the Under Secretary for Intelligence and
Analysis on policies and procedures that could facilitate the
sharing of classified information with such personnel, as
appropriate.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 210E the following:
``Sec. 210F. Classified Information Advisory Officer.''.
SEC. 4. PROMOTION OF APPROPRIATE ACCESS TO INFORMATION.
Subsection (b) of section 102A of the National Security Act
of 1947 (50 U.S.C. 403-1) is amended--
(1) by inserting ``(1)'' before ``Unless''; and
(2) by adding at the end the following new paragraph:
``(2) The Director of National Intelligence shall--
``(A) consistent with paragraph (1), have access to all
intelligence information, including intelligence reports,
operational data, and other associated information, produced
by any element of the intelligence community; and
``(B) consistent with the protection of intelligence
sources and methods, as determined by the Director--
``(i) ensure maximum access to the intelligence information
referenced in subparagraph (A) for an employee of a
department, agency, or other entity of the Federal Government
or of a State, local, or tribal government who has an
appropriate security clearance; and
``(ii) provide a mechanism within the Office of the
Director of National Intelligence for the Director to direct
access to the information referenced in subparagraph (A) for
an employee referred to in clause (i).''.
SEC. 5. INTELLIGENCE INFORMATION SHARING.
(a) Development of Guidance for Intelligence Products.--
Paragraph (1) of section 102A(g) of the National Security Act
of 1947 (50 U.S.C. 403-1(g)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting a semicolon and ``and''; and
(3) by adding at the end the following:
``(G) in accordance with Executive Order No. 12958, as
amended by Executive Order No. 13292 (68 Fed. Reg. 15315;
relating to classification of national security information)
(or any subsequent corresponding executive order), and parts
2001 and 2004 of title 32, Code of Federal Regulations (or
any subsequent corresponding regulation), establish--
``(i) guidance to standardize, in appropriate cases, the
formats for classified and unclassified intelligence products
created by elements of the intelligence community for
purposes of promoting the sharing of intelligence products;
and
``(ii) policies and procedures requiring the increased use,
in appropriate cases, and including portion markings, of the
classification of portions of information within one
intelligence product.''.
(b) Creation of Unclassified Intelligence Products as
Appropriate for State, Local, Tribal, and Private Sector
Stakeholders.--Subsection (g) of section 102A of the National
Security Act of 1947 (50 U.S.C. 403-1) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3)(A) If the head of a Federal department or agency
determines that an intelligence product which includes
homeland security information, as defined in section 892(f)
of the Homeland Security Information Sharing Act (6 U.S.C.
482(f)), or terrorism information, as defined in section
1016(a) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 485(a)), could likely benefit a State,
local, or tribal government, a law enforcement agency, or a
private sector entity with responsibility for the security of
critical infrastructure, such head shall share that
intelligence product with the Interagency Threat Assessment
and Coordination Group established in section 210D(a) of the
Homeland Security Act of 2002 (6 U.S.C. 124k(a)).
``(B) If the Interagency Threat Assessment and Coordination
Group determines that an intelligence product referred to in
subparagraph (A), or any other intelligence product that such
Group has access to, could likely benefit a State, local, or
tribal government, a law enforcement agency, or a private
sector entity, the Group shall recommend to the Under
Secretary for Intelligence and Analysis of the Department of
Homeland Security that the Under Secretary produce an
intelligence product that is unclassified or that is
classified at the lowest possible level--
``(i) based on the intelligence product referred to in
subparagraph (A), in a manner consistent with the guidance
established under paragraph (1)(G)(i); and
``(ii) provide such product to the appropriate entity or
agency.
``(C)(i) The Secretary of Homeland Security shall submit to
the congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Homeland Security of the House of
Representatives an annual report on activities carried out
under this paragraph. Each such report shall include a
description of--
``(I) each recommendation made to the Under Secretary for
Intelligence and Analysis under subparagraph (B);
``(II) each such recommendation that was carried out by the
Under Secretary; and
``(III) each such recommendation that was not carried out
by the Under Secretary.
``(ii) The initial report required under clause (i) shall
be submitted not later than 270 days after the date of the
enactment of the Reducing Over-Classification Act and no
reports shall be required under clause (i) after December 31,
2014.''.
(c) Interagency Threat Assessment and Coordination Group
Annual Report Modification.--Subsection (c) of section 210D
of the Homeland Security Act of 2002 (6 U.S.C. 124k) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon and ``and''; and
(3) by adding at the end the following:
``(3) in each report required by paragraph (2) submitted
after the date of the enactment of the Reducing Over-
Classification Act, include a description of the progress
made by the head of each Federal department and agency to
share information with the ITACG pursuant to section
102A(g)(3)(A) of the National Security Act of 1947 (50 U.S.C.
403-1(g)(3)(A)).''.
SEC. 6. PROMOTION OF ACCURATE CLASSIFICATION OF INFORMATION.
(a) Derivative Classification and Original Classification
Defined.--In this section, the terms ``derivative
classification'' and ``original classification'' have the
meaning given those terms in Executive Order No. 12958, as
amended by Executive Order No. 13292 (68 Fed. Reg. 15315;
relating to classification of national security information)
(or any subsequent corresponding executive order).
(b) Incentives for Accurate Classifications.--The head of
each department or agency of the United States with an
officer or employee who is authorized to make original
classification decisions or derivative classification
decisions shall consider such officer's or employee's
consistent and proper classification of information in
determining whether to award any personnel incentive to the
officer or employee.
(c) Inspector General Evaluations.--
(1) Requirement for evaluations.--Not less frequently than
once each year until December 31, 2014, the inspector general
of each department or agency of the United States with an
officer or employee who is authorized to make original
classifications shall carry out an evaluation of that
department or agency or a component of the department or
agency--
(A) to assess whether applicable classification policies,
procedures, rules, and regulations have been adopted,
followed, and effectively administered within such
department, agency, or component; and
(B) to identify policies, procedures, rules, regulations,
or management practices that may be contributing to
persistent misclassification of material within such
department, agency or component.
(2) Reports.--
(A) Requirement.--Each inspector general who is required to
carry out an evaluation
[[Page S7556]]
under paragraph (1) shall submit to the appropriate entities
a report on each such evaluation.
(B) Content.--Each report submitted under subparagraph (A)
shall include a description of--
(i) the policies, procedures, rules, regulations, or
management practices, if any, identified by the inspector
general under paragraph (1)(B); and
(ii) the recommendations, if any, of the inspector general
to address any such identified policies, procedures, rules,
regulations, or management practices.
(C) Coordination.--The inspectors general who are required
to carry out evaluations under paragraph (1) shall coordinate
with each other to ensure that evaluations follow a
consistent methodology, as appropriate, that allows for
cross-agency comparisons.
(3) Appropriate entities defined.--In this paragraph, the
term ``appropriate entities'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate;
(B) the Committee on Homeland Security, the Committee on
Oversight and Government Reform, and the Permanent Select
Committee on Intelligence of the House of Representatives;
(C) any other committee of Congress with jurisdiction over
a department or agency referred to in paragraph (1);
(D) the head of a department or agency referred to in
paragraph (1); and
(E) the Director of the Information Security Oversight
Office.
SEC. 7. CLASSIFICATION TRAINING PROGRAM.
(a) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that
term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).
(b) Requirement for Program.--
(1) In general.--The Director of National Intelligence, in
accordance with Executive Order No. 12958, as amended by
Executive Order No. 13292 (68 Fed. Reg. 15315; relating to
classification of national security information) (or any
subsequent corresponding executive order), shall require
annual training for each employee of an element of the
intelligence community and appropriate personnel of each
contractor to an element of the intelligence community who
has original classification authority, performs derivative
classification, or is responsible for analysis,
dissemination, preparation, production, receiving,
publishing, or otherwise communicating written classified
information that includes training--
(A) to educate the employee and contractor personnel
regarding--
(i) the guidance established under subparagraph (G)(i) of
section 102A(g)(1) of the National Security Act of 1947 (50
U.S.C. 403-1(g)(1)), as added by section 5(a)(3), regarding
the formatting of finished intelligence products;
(ii) the proper use of classification markings, including
portion markings that indicate the classification of portions
of information within one intelligence product; and
(iii) any incentives and penalties related to the proper
classification of intelligence information; and
(B) that is one of the prerequisites, once completed
successfully, as evidenced by an appropriate certificate or
other record, for--
(i) obtaining original classification authority or
derivatively classifying information; and
(ii) maintaining such authority.
(2) Relationship to other programs.--The Director of
National Intelligence shall ensure that the training required
by paragraph (1) is conducted efficiently and in conjunction
with any other security, intelligence, or other training
programs required by elements of the intelligence community
to reduce the costs and administrative burdens associated
with carrying out the training required by paragraph (1).
Mr. DURBIN. I ask unanimous consent that the committee-reported
substitute be considered; a Lieberman amendment, which is at the desk,
be agreed to; the committee-reported substitute amendment, as amended,
be agreed to; the bill, as amended, be read a third time and passed;
the motions to reconsider be laid upon the table without intervening
action or debate; and any statements relating to the bill be printed in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4661) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 553), as amended, was read the third time and passed.
____________________
SA 4661. Mr. DURBIN (for Mr. Lieberman) proposed an amendment to the
bill H.R. 553, to require the Secretary of Homeland Security to develop
a strategy to prevent the over-classification of homeland security and
other information and to promote the sharing of unclassified homeland
security and other information, and for other purposes; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Over-Classification
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Commission on Terrorist Attacks Upon the
United States (commonly known as the ``9/11 Commission'')
concluded that security requirements nurture over-
classification and excessive compartmentation of information
among agencies.
(2) The 9/11 Commission and others have observed that the
over-classification of information interferes with accurate,
actionable, and timely information sharing, increases the
cost of information security, and needlessly limits
stakeholder and public access to information.
(3) Over-classification of information causes considerable
confusion regarding what information may be shared with whom,
and negatively affects the dissemination of information
within the Federal Government and with State, local, and
tribal entities, and with the private sector.
(4) Over-classification of information is antithetical to
the creation and operation of the information sharing
environment established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485).
(5) Federal departments or agencies authorized to make
original classification decisions or that perform derivative
classification of information are responsible for developing,
implementing, and administering policies, procedures, and
programs that promote compliance with applicable laws,
executive orders, and other authorities pertaining to the
proper use of classification markings and the policies of the
National Archives and Records Administration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Derivative classification and original
classification.--The terms ``derivative classification'' and
``original classification'' have the meanings given those
terms in Executive Order No. 13526.
(2) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
(3) Executive order no. 13526.--The term ``Executive Order
No. 13526'' means Executive Order No. 13526 (75 Fed. Reg.
707; relating to classified national security information) or
any subsequent corresponding executive order.
SEC. 4. CLASSIFIED INFORMATION ADVISORY OFFICER.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 210F. CLASSIFIED INFORMATION ADVISORY OFFICER.
``(a) Requirement to Establish.--The Secretary shall
identify and designate within the Department a Classified
Information Advisory Officer, as described in this section.
``(b) Responsibilities.--The responsibilities of the
Classified Information Advisory Officer shall be as follows:
``(1) To develop and disseminate educational materials and
to develop and administer training programs to assist State,
local, and tribal governments (including State, local, and
tribal law enforcement agencies) and private sector
entities--
``(A) in developing plans and policies to respond to
requests related to classified information without
communicating such information to individuals who lack
appropriate security clearances;
``(B) regarding the appropriate procedures for challenging
classification designations of information received by
personnel of such entities; and
``(C) on the means by which such personnel may apply for
security clearances.
``(2) To inform the Under Secretary for Intelligence and
Analysis on policies and procedures that could facilitate the
sharing of classified information with such personnel, as
appropriate.
``(c) Initial Designation.--Not later than 90 days after
the date of the enactment of the Reducing Over-Classification
Act, the Secretary shall--
``(1) designate the initial Classified Information Advisory
Officer; and
``(2) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a written
notification of the designation.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 210E the following:
``Sec. 210F. Classified Information Advisory Officer.''.
SEC. 5. INTELLIGENCE INFORMATION SHARING.
(a) Development of Guidance for Intelligence Products.--
Paragraph (1) of section
[[Page S7522]]
102A(g) of the National Security Act of 1947 (50 U.S.C. 403-
1(g)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting a semicolon and ``and''; and
(3) by adding at the end the following:
``(G) in accordance with Executive Order No. 13526 (75 Fed.
Reg. 707; relating to classified national security
information) (or any subsequent corresponding executive
order), and part 2001 of title 32, Code of Federal
Regulations (or any subsequent corresponding regulation),
establish--
``(i) guidance to standardize, in appropriate cases, the
formats for classified and unclassified intelligence products
created by elements of the intelligence community for
purposes of promoting the sharing of intelligence products;
and
``(ii) policies and procedures requiring the increased use,
in appropriate cases, and including portion markings, of the
classification of portions of information within one
intelligence product.''.
(b) Creation of Unclassified Intelligence Products as
Appropriate for State, Local, Tribal, and Private Sector
Stakeholders.--
(1) Responsibilities of secretary relating to intelligence
and analysis and infrastructure protection.--Paragraph (3) of
section 201(d) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)) is amended to read as follows:
``(3) To integrate relevant information, analysis, and
vulnerability assessments (regardless of whether such
information, analysis or assessments are provided by or
produced by the Department) in order to--
``(A) identify priorities for protective and support
measures regarding terrorist and other threats to homeland
security by the Department, other agencies of the Federal
Government, State, and local government agencies and
authorities, the private sector, and other entities; and
``(B) prepare finished intelligence and information
products in both classified and unclassified formats, as
appropriate, whenever reasonably expected to be of benefit to
a State, local, or tribal government (including a State,
local, or tribal law enforcement agency) or a private sector
entity.''.
(2) ITACG detail.--Section 210D(d) of the Homeland Security
Act of 2002 (6 U.S.C. 124k(d)) is amended--
(A) in paragraph (5)--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) by redesignating subparagraph (E) as subparagraph (F);
and
(iii) by inserting after subparagraph (D) the following:
``(E) make recommendations, as appropriate, to the
Secretary or the Secretary's designee, for the further
dissemination of intelligence products that could likely
inform or improve the security of a State, local, or tribal
government, (including a State, local, or tribal law
enforcement agency) or a private sector entity; and'';
(B) in paragraph (6)(C), by striking ``and'' at the end;
(C) in paragraph (7), by striking the period at the end and
inserting a semicolon and ``and''; and
(D) by adding at the end the following:
``(8) compile an annual assessment of the ITACG Detail's
performance, including summaries of customer feedback, in
preparing, disseminating, and requesting the dissemination of
intelligence products intended for State, local and tribal
government (including State, local, and tribal law
enforcement agencies) and private sector entities; and
``(9) provide the assessment developed pursuant to
paragraph (8) to the program manager for use in the annual
reports required by subsection (c)(2).''.
(c) Interagency Threat Assessment and Coordination Group
Annual Report Modification.--Subsection (c) of section 210D
of the Homeland Security Act of 2002 (6 U.S.C. 124k) is
amended--
(1) in the matter preceding paragraph (1), by striking ``,
in consultation with the Information Sharing Council,'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting a semicolon and ``and''; and
(4) by adding at the end the following:
``(3) in each report required by paragraph (2) submitted
after the date of the enactment of the Reducing Over-
Classification Act, include an assessment of whether the
detailees under subsection (d)(5) have appropriate access to
all relevant information, as required by subsection
(g)(2)(C).''.
SEC. 6. PROMOTION OF ACCURATE CLASSIFICATION OF INFORMATION.
(a) Incentives for Accurate Classifications.--In making
cash awards under chapter 45 of title 5, United States Code,
the President or the head of an Executive agency with an
officer or employee who is authorized to make original
classification decisions or derivative classification
decisions may consider such officer's or employee's
consistent and proper classification of information.
(b) Inspector General Evaluations.--
(1) Requirement for evaluations.--Not later than September
30, 2016, the inspector general of each department or agency
of the United States with an officer or employee who is
authorized to make original classifications, in consultation
with the Information Security Oversight Office, shall carry
out no less than two evaluations of that department or agency
or a component of the department or agency--
(A) to assess whether applicable classification policies,
procedures, rules, and regulations have been adopted,
followed, and effectively administered within such
department, agency, or component; and
(B) to identify policies, procedures, rules, regulations,
or management practices that may be contributing to
persistent misclassification of material within such
department, agency or component.
(2) Deadlines for evaluations.--
(A) Initial evaluations.--Each first evaluation required by
paragraph (1) shall be completed no later than September 30,
2013.
(B) Second evaluations.--Each second evaluation required by
paragraph (1) shall review progress made pursuant to the
results of the first evaluation and shall be completed no
later than September 30, 2016.
(3) Reports.--
(A) Requirement.--Each inspector general who is required to
carry out an evaluation under paragraph (1) shall submit to
the appropriate entities a report on each such evaluation.
(B) Content.--Each report submitted under subparagraph (A)
shall include a description of--
(i) the policies, procedures, rules, regulations, or
management practices, if any, identified by the inspector
general under paragraph (1)(B); and
(ii) the recommendations, if any, of the inspector general
to address any such identified policies, procedures, rules,
regulations, or management practices.
(C) Coordination.--The inspectors general who are required
to carry out evaluations under paragraph (1) shall coordinate
with each other and with the Information Security Oversight
Office to ensure that evaluations follow a consistent
methodology, as appropriate, that allows for cross-agency
comparisons.
(4) Appropriate entities defined.--In this subsection, the
term ``appropriate entities'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the
Senate;
(B) the Committee on Homeland Security, the Committee on
Oversight and Government Reform, and the Permanent Select
Committee on Intelligence of the House of Representatives;
(C) any other committee of Congress with jurisdiction over
a department or agency referred to in paragraph (1);
(D) the head of a department or agency referred to in
paragraph (1); and
(E) the Director of the Information Security Oversight
Office.
SEC. 7. CLASSIFICATION TRAINING PROGRAM.
(a) In General.--The head of each Executive agency, in
accordance with Executive Order 13526, shall require annual
training for each employee who has original classification
authority. For employees who perform derivative
classification, or are responsible for analysis,
dissemination, preparation, production, receipt, publication,
or otherwise communication of classified information,
training shall be provided at least every two years. Such
training shall--
(1) educate the employee, as appropriate, regarding--
(A) the guidance established under subparagraph (G) of
section 102A(g)(1) of the National Security Act of 1947 (50
U.S.C. 403-1(g)(1)), as added by section 5(a)(3), regarding
the formatting of finished intelligence products;
(B) the proper use of classification markings, including
portion markings that indicate the classification of portions
of information; and
(C) any incentives and penalties related to the proper
classification of intelligence information; and
(2) ensure such training is a prerequisite, once completed
successfully, as evidenced by an appropriate certificate or
other record, for--
(A) obtaining original classification authority or
derivatively classifying information; and
(B) maintaining such authority.
(b) Relationship to Other Programs.--The head of each
Executive agency shall ensure that the training required by
subsection (a) is conducted efficiently and in conjunction
with any other required security, intelligence, or other
training programs to reduce the costs and administrative
burdens associated with carrying out the training required by
subsection (a).
______
