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[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.
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