[Congressional Record Volume 156, Number 131 (Monday, September 27, 2010)]
[Senate]
[Pages S7554-S7556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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
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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
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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.
____________________