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[111th Congress Public Law 258]
[From the U.S. Government Printing Office]

[[Page 2647]]

                    REDUCING OVER-CLASSIFICATION ACT

[[Page 124 STAT. 2648]]

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. <<NOTE: Oct. 7, 
                          2010 -  [H.R. 553]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Reducing Over-
Classification Act.>> 
SECTION 1. <<NOTE: 6 USC 101 note.>> SHORT TITLE.

    This Act may be cited as the ``Reducing Over-Classification Act''.
SEC. 2. <<NOTE: 6 USC 124m note.>> 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. <<NOTE: 50 USC 435d note.>> DEFINITIONS.

    In this Act:

[[Page 124 STAT. 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 <<NOTE: 6 USC 124m.>> INFORMATION ADVISORY 
                          OFFICER.

    ``(a) Requirement To Establish.--
The <<NOTE: Designation.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Notification.>> 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 124 STAT. 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 124 STAT. 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 <<NOTE: Assessment.>> 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 <<NOTE: Assessment.>> 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 <<NOTE: 50 USC 435 note.>> 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 <<NOTE: Deadline.>> 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 124 STAT. 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. <<NOTE: 50 USC 435d.>> CLASSIFICATION TRAINING PROGRAM.

    (a) In General.--The <<NOTE: Requirements. Deadline.>> 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 124 STAT. 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.

                                  <all>
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