[国会记录：2010年9月28日（众议院）] [Page H7075-H7077]减少了Harman女士的过度分类法。议长先生，我提出暂停规则并同意参议院修正案（H.R. 553），要求国土安全部长制定一项战略，以防止对国土安全和其他信息进行过度分类，并促进该策略共享未分类的国土安全性和其他信息，以及其他目的。店员阅读了该法案的标题。参议院修正案的文本如下：参议院修正案：代替提议插入的问题，插入以下内容：第1节。简短标题。该法案可能被认为是``减少过度分类法''。秒2.发现。国会发现以下几点：（1）国家对美国的恐怖袭击委员会（通常称为``9/11委员会''）得出结论，安全要求培养了过度分类和机构之间信息的过度分区。（2）9/11委员会和其他委员会观察到，信息过度分类会以准确，可行和及时的信息共享干扰，增加信息安全成本，并不必要地限制利益相关者和公众访问信息。 (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). ______