Sec. 101. Trend information on classified information and third evaluations
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Subsection
(b)of section 6 of the Reducing Over-Classification Act ( 50 U.S.C. 3161 note; Public Law 111–258) is amended— in paragraph (1)— in the matter preceding subparagraph (A)— by striking 2016, and inserting 2019, ; and by striking no less than two and inserting not fewer than three ; in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding after subparagraph
(B)the following new subparagraph: beginning with the second evaluation under paragraph (2)(B), to assess, with respect to subparagraph
(A)of this paragraph, the degree to which the incentives for accurate classification decisions referred to in subsection
(a)have been utilized, and the extent to which the use of such incentives, including cash incentives or other alternative, non-cash awards, has improved the accuracy of original classification decisions or derivative classification decisions and a reduction in classified information. ; in paragraph (2), by adding at the end the following new subparagraph: Each third evaluation required by paragraph
(1)shall review progress made since the second evaluation and the adequacy of the records to support each self-inspection program determination in accordance with subsection (c), and assess such department or agency’s procedures and activities regarding classification challenges. Specifically, each third evaluation shall— assess implementation of procedures by such department or agency to encourage authorized holders of classified information, including authorized holders outside the classifying agency, to challenge the classification of information that they believe is improperly classified or unclassified, as required by section 1.8 of Executive Order 13526 ( 50 U.S.C. 3161 note) or successor order, and the degree to which such department or agency makes each authorized holder of classified information aware of the procedures and encourages such holders to challenge the classification of information that they believe is improperly classified or unclassified; and to the extent practicable, review data reflecting the disposition of challenges received by such department or agency, including how often such challenges resulted in a change in classification; review the degree to which information that was declassified was determined by the agency to be of extraordinary public interest that does not undermine the national security of the United States, including information on the number of national security positions (pursuant to part 732 of title 5, Code of Federal Regulations, or similar successor regulation), by classification level, that are designated within the agency during that period; and shall be completed not later than September 30, 2019. ; and in paragraph (3)(B)— in clause (i), by striking and at the end; in clause (ii), by striking the period at the end and inserting ; and ; and by adding after clause
(ii)the following new clause: information relating to the assessment required under paragraph (1)(C). .
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- Pub. L. 111-258
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Sec. 101
Trend information on classified information and third evaluations
Pub. L.Pub. L. 111-258
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