[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 553 Enrolled Bill (ENR)]
H.R.553
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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;
(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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.