[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[House]
[Pages H7075-H7077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    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.

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