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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 553 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                    September 27, 2010.
    Resolved, That the bill from the House of Representatives (H.R. 
553) entitled ``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.'', do pass with the following

                               AMENDMENT:

            In lieu of the matter proposed to be inserted, insert the 
      following:

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).

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                H.R. 553

_______________________________________________________________________

                               AMENDMENT
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