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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 553 Reported in Senate (RS)]

                                                       Calendar No. 413
111th CONGRESS
  2d Session
                                H. R. 553

                          [Report No. 111-200]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2009

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                 May 27 (legislative day, May 26), 2010

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Reducing Over-
Classification Act of 2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) A key conclusion in the Final Report of the 
        National Commission on Terrorist Attacks Upon the United States 
        (commonly known as the ``9/11 Commission'') was the need to 
        prevent over-classification by the Federal 
        Government.</DELETED>
        <DELETED>    (2) The 9/11 Commission and others have observed 
        that the over-classification of homeland security information 
        interferes with accurate, actionable, and timely homeland 
        security information sharing, increases the cost of information 
        security, and needlessly limits public access to 
        information.</DELETED>
        <DELETED>    (3) The over-classification problem, which has 
        worsened since the 9/11 attacks, causes considerable confusion 
        about what information can be shared with whom both internally 
        at the Department of Homeland Security and with its external 
        partners. This problem negatively impacts the dissemination of 
        homeland security information to the Department's State, local, 
        tribal, and territorial homeland security and law enforcement 
        partners, private sector customers, and the public.</DELETED>
        <DELETED>    (4) Excessive government secrecy stands in the way 
        of a safer and more secure homeland. This trend 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), and 
        must be halted and reversed.</DELETED>
        <DELETED>    (5) To do so, the Department should start with the 
        understanding that all departmental information that is not 
        properly classified, or marked as controlled unclassified 
        information and otherwise exempt from disclosure, should be 
        made available to members of the public pursuant to section 552 
        of title 5, United States Code (commonly referred to as the 
        ``Freedom of Information Act'').</DELETED>
        <DELETED>    (6) The Department should also develop and 
        administer 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 United States National Archives and Records 
        Administration policies implementing them.</DELETED>

<DELETED>SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE DEPARTMENT 
              OF HOMELAND SECURITY.</DELETED>

<DELETED>    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 new section:</DELETED>

<DELETED>``SEC. 210F. OVER-CLASSIFICATION PREVENTION PROGRAM.</DELETED>

<DELETED>    ``(a) In General.--The Secretary shall develop and 
administer policies, procedures, and programs within the Department to 
prevent the over-classification of homeland security information, 
terrorism information, weapons of mass destruction information, and 
other information within the scope of the information sharing 
environment established under section 1016 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (6 U.S.C. 485) that must be 
disseminated to prevent and to collectively respond to acts of 
terrorism. The Secretary shall coordinate with the Archivist of the 
United States and consult with representatives of State, local, tribal, 
and territorial government and law enforcement, organizations with 
expertise in civil rights, civil liberties, and government oversight, 
and the private sector, as appropriate, to develop such policies, 
procedures, and programs.</DELETED>
<DELETED>    ``(b) Requirements.--Not later than one year after the 
date of the enactment of the Reducing Over-Classification Act of 2009, 
the Secretary, in administering the policies, procedures, and programs 
required under subsection (a), shall--</DELETED>
        <DELETED>    ``(1) create, in consultation with the Archivist 
        of the United States, standard classified and unclassified 
        formats for finished intelligence products created by the 
        Department, consistent with any government-wide standards, 
        practices or procedures for similar products;</DELETED>
        <DELETED>    ``(2) require that all finished intelligence 
        products created by the Department be simultaneously prepared 
        in the standard unclassified format, provided that such an 
        unclassified product would reasonably be expected to be of any 
        benefit to a State, local, tribal or territorial government, 
        law enforcement agency or other emergency response provider, or 
        the private sector, based on input provided by the Interagency 
        Threat Assessment and Coordination Group Detail established 
        under section 210D;</DELETED>
        <DELETED>    ``(3) ensure that such policies, procedures, and 
        programs protect the national security as well as the 
        information privacy rights and legal rights of United States 
        persons pursuant to all applicable law and policy, including 
        the privacy guidelines for the information sharing environment 
        established pursuant to section 1016 of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (6 U.S.C. 485), as 
        appropriate;</DELETED>
        <DELETED>    ``(4) establish an ongoing auditing mechanism 
        administered by the Inspector General of the Department or 
        other appropriate senior Department official that randomly 
        selects, on a periodic basis, classified information from each 
        component of the Department that generates finished 
        intelligence products to--</DELETED>
                <DELETED>    ``(A) assess whether applicable 
                classification policies, procedures, rules, and 
                regulations have been followed;</DELETED>
                <DELETED>    ``(B) describe any problems with the 
                administration of the applicable classification 
                policies, procedures, rules, and regulations, including 
                specific non-compliance issues;</DELETED>
                <DELETED>    ``(C) recommend improvements in awareness 
                and training to address any problems identified in 
                subparagraph (B); and</DELETED>
                <DELETED>    ``(D) report at least annually to the 
                Committee on Homeland Security of the House of 
                Representatives, the Committee on Homeland Security and 
                Governmental Affairs of the Senate, and the public, in 
                an appropriate format, on the findings of the Inspector 
                General's audits under this section;</DELETED>
        <DELETED>    ``(5) establish a process whereby employees may 
        challenge original classification decisions made by Department 
        employees or contractors and be rewarded with specific 
        incentives for successful challenges resulting in the removal 
        of classification markings or the downgrading of 
        them;</DELETED>
        <DELETED>    ``(6) inform employees and contractors that 
        failure to comply with the policies, procedures, and programs 
        established under this section could subject them to a series 
        of penalties; and</DELETED>
        <DELETED>    ``(7) institute a series of penalties for 
        employees and contractors who repeatedly fail to comply with 
        the policies, procedures, and programs established under this 
        section after having received both notice of their 
        noncompliance and appropriate training or re-training to 
        address such noncompliance.</DELETED>
<DELETED>    ``(c) Finished Intelligence Product Defined.--The term 
`finished intelligence product' means a document in which an 
intelligence analyst has evaluated, interpreted, integrated, or placed 
into context raw intelligence or information.''.</DELETED>

<DELETED>SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN 
              THE DEPARTMENT OF HOMELAND SECURITY.</DELETED>

<DELETED>    Subtitle A of title II of the Homeland Security Act of 
2002 (6 U.S.C. 121 et seq.) is further amended by adding at the end the 
following new section:</DELETED>

<DELETED>``SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION 
              PROGRAMS.</DELETED>

<DELETED>    ``(a) Personal Identifiers.--The Secretary shall--
</DELETED>
        <DELETED>    ``(1) assess the technologies available or in use 
        at the Department by which an electronic personal 
        identification number or other electronic identifying marker 
        can be assigned to each Department employee and contractor with 
        original classification authority in order to--</DELETED>
                <DELETED>    ``(A) track which documents have been 
                classified by a particular employee or 
                contractor;</DELETED>
                <DELETED>    ``(B) determine the circumstances when 
                such documents have been shared;</DELETED>
                <DELETED>    ``(C) identify and address over-
                classification problems, including the misapplication 
                of classification markings to documents that do not 
                merit such markings; and</DELETED>
                <DELETED>    ``(D) assess the information sharing 
                impact of any such problems or misuse;</DELETED>
        <DELETED>    ``(2) develop an implementation plan for a 
        Department standard for such technology with appropriate 
        benchmarks, a timetable for its completion, and cost estimate 
        for the creation and implementation of a system of electronic 
        personal identification numbers or other electronic identifying 
        markers for all relevant Department employees and contractors; 
        and</DELETED>
        <DELETED>    ``(3) upon completion of the implementation plan 
        described in paragraph (2), or not later than 180 days after 
        the date of the enactment of the Reducing Over-Classification 
        Act of 2009, whichever is earlier, the Secretary shall provide 
        a copy of the plan to the Committee on Homeland Security of the 
        House of Representatives and the Committee on Homeland Security 
        and Governmental Affairs of the Senate.</DELETED>
<DELETED>    ``(b) Training.--The Secretary, in coordination with the 
Archivist of the United States, shall--</DELETED>
        <DELETED>    ``(1) require annual training for each Department 
        employee and contractor with classification authority or those 
        responsible for analysis, dissemination, preparation, 
        production, receiving, publishing, or otherwise communicating 
        written classified information, including training to--
        </DELETED>
                <DELETED>    ``(A) educate each employee and contractor 
                about--</DELETED>
                        <DELETED>    ``(i) the Department's requirement 
                        that all classified finished intelligence 
                        products that they create be simultaneously 
                        prepared in unclassified form in a standard 
                        format prescribed by the Department, provided 
                        that the unclassified product would reasonably 
                        be expected to be of any benefit to a State, 
                        local, tribal, or territorial government, law 
                        enforcement agency, or other emergency response 
                        provider, or the private sector, based on input 
                        provided by the Interagency Threat Assessment 
                        and Coordination Group Detail established under 
                        section 210D;</DELETED>
                        <DELETED>    ``(ii) the proper use of 
                        classification markings, including portion 
                        markings; and</DELETED>
                        <DELETED>    ``(iii) the consequences of over-
                        classification and other improper uses of 
                        classification markings, including the 
                        misapplication of classification markings to 
                        documents that do not merit such markings, and 
                        of failing to comply with the Department's 
                        policies and procedures established under or 
                        pursuant to this section, including the 
                        negative consequences for the individual's 
                        personnel evaluation, homeland security, 
                        information sharing, and the overall success of 
                        the Department's missions;</DELETED>
                <DELETED>    ``(B) serve as a prerequisite, once 
                completed successfully, as evidenced by an appropriate 
                certificate, for--</DELETED>
                        <DELETED>    ``(i) obtaining classification 
                        authority; and</DELETED>
                        <DELETED>    ``(ii) renewing such authority 
                        annually; and</DELETED>
                <DELETED>    ``(C) count as a positive factor, once 
                completed successfully, in the Department's employment, 
                evaluation, and promotion decisions; and</DELETED>
        <DELETED>    ``(2) ensure that such program is conducted 
        efficiently, in conjunction with any other security, 
        intelligence, or other training programs required by the 
        Department to reduce the costs and administrative burdens 
        associated with the additional training required by this 
        section.</DELETED>
<DELETED>    ``(c) Detailee Program.--The Secretary shall--</DELETED>
        <DELETED>    ``(1) implement a Departmental detailee program to 
        detail Departmental personnel to the National Archives and 
        Records Administration for one year, for the purpose of--
        </DELETED>
                <DELETED>    ``(A) training and educational benefit for 
                the Department personnel assigned so that they may 
                better understand the policies, procedures and laws 
                governing original classification 
                authorities;</DELETED>
                <DELETED>    ``(B) bolstering the ability of the 
                National Archives and Records Administration to conduct 
                its oversight authorities over the Department and other 
                Departments and agencies; and</DELETED>
                <DELETED>    ``(C) ensuring that the policies and 
                procedures established by the Secretary remain 
                consistent with those established by the Archivist of 
                the United States;</DELETED>
        <DELETED>    ``(2) ensure that the program established under 
        paragraph (1) includes at least one individual for each 
        Department office with delegated original classification 
        authority; and</DELETED>
        <DELETED>    ``(3) in coordination with the Archivist of the 
        United States, report to Congress not later than 90 days after 
        the conclusion of the first year of the program established 
        under paragraph (1), on--</DELETED>
                <DELETED>    ``(A) the advisability of expanding the 
                program on a government-wide basis, whereby other 
                departments and agencies would send detailees to the 
                National Archives and Records Administration; 
                and</DELETED>
                <DELETED>    ``(B) the administrative and monetary 
                costs of full compliance with this section.</DELETED>
<DELETED>    ``(d) Sunset of Detailee Program.--Except as otherwise 
provided by law, subsection (c) shall cease to have effect on December 
31, 2012.</DELETED>
<DELETED>    ``(e) Finished Intelligence Product Defined.--The term 
`finished intelligence product' has the meaning given the term in 
section 210F(c).''.</DELETED>

<DELETED>SEC. 5. TECHNICAL AMENDMENT.</DELETED>

<DELETED>    The table of contents in section 1(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 101(b)) is amended by adding after the 
item relating to section 210E the following new items:</DELETED>

<DELETED>``Sec. 210F. Over-classification prevention program.
<DELETED>``Sec. 210G. Enforcement of over-classification prevention 
                            programs.''.

</DELETED>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 there is a need to prevent over-classification 
        of information by the Federal Government.
            (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 public access to 
        information.
            (3) Over-classification of information causes considerable 
        confusion about 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 the private sector.
            (4) Excessive government secrecy stands in the way of a 
        safer and more secure homeland. Over-classification of 
        information is antithetical to the creation and operation of 
        the information sharing environment established under 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. CLASSIFIED INFORMATION ADVISORY OFFICER.

    (a) In General.--Subsection (d) of section 201 of the Homeland 
Security Act of 2002 (6 U.S.C. 121) is amended by adding at the end the 
following:
            ``(26) To identify and designate, acting through the Under 
        Secretary for Intelligence and Analysis, a Classified 
        Information Advisory Officer to assist State, local, tribal, 
        and private sector entities that have responsibility for the 
        security of critical infrastructure, in matters related to 
        classified materials, as described in section 210F.''.
    (b) Establishment and Responsibilities.--
            (1) 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, acting through the 
Under Secretary for Intelligence and Analysis, 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, tribal, and private sector entities with responsibility 
        related to the security of critical infrastructure--
                    ``(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.''.
            (2) 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. 4. PROMOTION OF APPROPRIATE ACCESS TO INFORMATION.

    Subsection (b) of section 102A of the National Security Act of 1947 
(50 U.S.C. 403-1) is amended--
            (1) by inserting ``(1)'' before ``Unless''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The Director of National Intelligence shall--
            ``(A) consistent with paragraph (1), have access to all 
        intelligence information, including intelligence reports, 
        operational data, and other associated information, produced by 
        any element of the intelligence community; and
            ``(B) consistent with the protection of intelligence 
        sources and methods, as determined by the Director--
                    ``(i) ensure maximum access to the intelligence 
                information referenced in subparagraph (A) for an 
                employee of a department, agency, or other entity of 
                the Federal Government or of a State, local, or tribal 
                government who has an appropriate security clearance; 
                and
                    ``(ii) provide a mechanism within the Office of the 
                Director of National Intelligence for the Director to 
                direct access to the information referenced in 
                subparagraph (A) for an employee referred to in clause 
                (i).''.

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. 12958, as 
        amended by Executive Order No. 13292 (68 Fed. Reg. 15315; 
        relating to classification of national security information) 
        (or any subsequent corresponding executive order), and parts 
        2001 and 2004 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.--Subsection 
(g) of section 102A of the National Security Act of 1947 (50 U.S.C. 
403-1) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
    ``(3)(A) If the head of a Federal department or agency determines 
that an intelligence product which includes homeland security 
information, as defined in section 892(f) of the Homeland Security 
Information Sharing Act (6 U.S.C. 482(f)), or terrorism information, as 
defined in section 1016(a) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485(a)), could likely benefit a State, 
local, or tribal government, a law enforcement agency, or a private 
sector entity with responsibility for the security of critical 
infrastructure, such head shall share that intelligence product with 
the Interagency Threat Assessment and Coordination Group established in 
section 210D(a) of the Homeland Security Act of 2002 (6 U.S.C. 
124k(a)).
    ``(B) If the Interagency Threat Assessment and Coordination Group 
determines that an intelligence product referred to in subparagraph 
(A), or any other intelligence product that such Group has access to, 
could likely benefit a State, local, or tribal government, a law 
enforcement agency, or a private sector entity, the Group shall 
recommend to the Under Secretary for Intelligence and Analysis of the 
Department of Homeland Security that the Under Secretary produce an 
intelligence product that is unclassified or that is classified at the 
lowest possible level--
            ``(i) based on the intelligence product referred to in 
        subparagraph (A), in a manner consistent with the guidance 
        established under paragraph (1)(G)(i); and
            ``(ii) provide such product to the appropriate entity or 
        agency.
    ``(C)(i) The Secretary of Homeland Security shall submit to the 
congressional intelligence committees, the Committee on Homeland 
Security and Governmental Affairs of the Senate, and the Committee on 
Homeland Security of the House of Representatives an annual report on 
activities carried out under this paragraph. Each such report shall 
include a description of--
            ``(I) each recommendation made to the Under Secretary for 
        Intelligence and Analysis under subparagraph (B);
            ``(II) each such recommendation that was carried out by the 
        Under Secretary; and
            ``(III) each such recommendation that was not carried out 
        by the Under Secretary.
    ``(ii) The initial report required under clause (i) shall be 
submitted not later than 270 days after the date of the enactment of 
the Reducing Over-Classification Act and no reports shall be required 
under clause (i) after December 31, 2014.''.
    (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 paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting a semicolon and ``and''; and
            (3) 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 a description of the progress made 
        by the head of each Federal department and agency to share 
        information with the ITACG pursuant to section 102A(g)(3)(A) of 
        the National Security Act of 1947 (50 U.S.C. 403-
        1(g)(3)(A)).''.

SEC. 6. PROMOTION OF ACCURATE CLASSIFICATION OF INFORMATION.

    (a) Derivative Classification and Original Classification 
Defined.--In this section, the terms ``derivative classification'' and 
``original classification'' have the meaning given those terms in 
Executive Order No. 12958, as amended by Executive Order No. 13292 (68 
Fed. Reg. 15315; relating to classification of national security 
information) (or any subsequent corresponding executive order).
    (b) Incentives for Accurate Classifications.--The head of each 
department or agency of the United States with an officer or employee 
who is authorized to make original classification decisions or 
derivative classification decisions shall consider such officer's or 
employee's consistent and proper classification of information in 
determining whether to award any personnel incentive to the officer or 
employee.
    (c) Inspector General Evaluations.--
            (1) Requirement for evaluations.--Not less frequently than 
        once each year until December 31, 2014, the inspector general 
        of each department or agency of the United States with an 
        officer or employee who is authorized to make original 
        classifications shall carry out an evaluation 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) 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 to ensure that 
                evaluations follow a consistent methodology, as 
                appropriate, that allows for cross-agency comparisons.
            (3) Appropriate entities defined.--In this paragraph, 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) Intelligence Community Defined.--In this section, the term 
``intelligence community'' has the meaning given that term in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
    (b) Requirement for Program.--
            (1) In general.--The Director of National Intelligence, in 
        accordance with Executive Order No. 12958, as amended by 
        Executive Order No. 13292 (68 Fed. Reg. 15315; relating to 
        classification of national security information) (or any 
        subsequent corresponding executive order), shall require annual 
        training for each employee of an element of the intelligence 
        community and appropriate personnel of each contractor to an 
        element of the intelligence community who has original 
        classification authority, performs derivative classification, 
        or is responsible for analysis, dissemination, preparation, 
        production, receiving, publishing, or otherwise communicating 
        written classified information that includes training--
                    (A) to educate the employee and contractor 
                personnel regarding--
                            (i) the guidance established under 
                        subparagraph (G)(i) 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;
                            (ii) the proper use of classification 
                        markings, including portion markings that 
                        indicate the classification of portions of 
                        information within one intelligence product; 
                        and
                            (iii) any incentives and penalties related 
                        to the proper classification of intelligence 
                        information; and
                    (B) that is one of the prerequisites, once 
                completed successfully, as evidenced by an appropriate 
                certificate or other record, for--
                            (i) obtaining original classification 
                        authority or derivatively classifying 
                        information; and
                            (ii) maintaining such authority.
            (2) Relationship to other programs.--The Director of 
        National Intelligence shall ensure that the training required 
        by paragraph (1) is conducted efficiently and in conjunction 
        with any other security, intelligence, or other training 
        programs required by elements of the intelligence community to 
        reduce the costs and administrative burdens associated with 
        carrying out the training required by paragraph (1).
                                                       Calendar No. 413

111th CONGRESS

  2d Session

                               H. R. 553

                          [Report No. 111-200]

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                                 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.

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                 May 27 (legislative day, May 26), 2010

                       Reported with an amendment
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