[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 111-258
111th Congress

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:

[[Page 2649]]

(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.''.

[[Page 2650]]

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

[[Page 2651]]

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.--

[[Page 2652]]

(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;

[[Page 2653]]

(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).

Approved October 7, 2010.

LEGISLATIVE HISTORY--H.R. 553:
---------------------------------------------------------------------------

SENATE REPORTS: No. 111-200 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 155 (2009):
Feb. 3, considered and passed House.
Vol. 156 (2010):
Sept. 27, considered and passed
Senate, amended.
Sept. 28, House concurred in Senate
amendment.