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: 
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(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.’’. 
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SEC. 5. INTELLIGENCE INFORMATION SHARING. 

(a) DEVELOPMENT OF GUIDANCE FOR INTELLIGENCE PROD- UCTS.—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 INTEL- LIGENCE 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 
H. R. 553—4 

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.— 
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(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; 
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(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.