numbers or other electronic identifying markers for 
all relevant Department employees and contractors; 
and 
‘‘(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 Re-
ducing 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. 
‘‘(b) TRAINING.—The Secretary, in coordination with 
the Archivist of the United States, shall— 
‘‘(1) require annual training for each Depart-
ment employee and contractor with classification au-
thority or those responsible for analysis, dissemina-
tion, preparation, production, receiving, publishing, 
or otherwise communicating written classified infor-
mation, including training to— 
‘‘(A) educate each employee and contractor 
about— 
‘‘(i)
the
Department’s
requirement 
that all classified finished intelligence prod-
ucts that they create be simultaneously 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6401
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
prepared in unclassified form in a standard 
format prescribed by the Department, pro-
vided that the unclassified product would 
reasonably be expected to be of any benefit 
to a State, local, tribal, or territorial gov-
ernment, law enforcement agency, or other 
emergency response provider, or the pri-
vate sector, based on input provided by the 
Interagency Threat Assessment and Co-
ordination Group Detail established under 
section 210D; 
‘‘(ii) the proper use of classification 
markings, including portion markings; and 
‘‘(iii) the consequences of over-classi-
fication and other improper uses of classi-
fication
markings,
including
the 
misapplication of classification markings to 
documents that do not merit such mark-
ings, and of failing to comply with the De-
partment’s policies and procedures estab-
lished under or pursuant to this section, 
including the negative consequences for the 
individual’s personnel evaluation, homeland 
security,
information
sharing,
and
the 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6401
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
overall success of the Department’s mis-
sions; 
‘‘(B) serve as a prerequisite, once com-
pleted successfully, as evidenced by an appro-
priate certificate, for— 
‘‘(i) obtaining classification authority; 
and 
‘‘(ii) renewing such authority annu-
ally; and 
‘‘(C) count as a positive factor, once com-
pleted successfully, in the Department’s employ-
ment, evaluation, and promotion decisions; and 
‘‘(2) ensure that such program is conducted ef-
ficiently, in conjunction with any other security, in-
telligence, or other training programs required by 
the Department to reduce the costs and administra-
tive burdens associated with the additional training 
required by this section. 
‘‘(c) DETAILEE PROGRAM.—The Secretary shall— 
‘‘(1) implement a Departmental detailee pro-
gram to detail Departmental personnel to the Na-
tional Archives and Records Administration for one 
year, for the purpose of— 
‘‘(A) training and educational benefit for 
the Department personnel assigned so that they 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6401
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
may better understand the policies, procedures 
and laws governing original classification au-
thorities; 
‘‘(B) bolstering the ability of the National 
Archives and Records Administration to con-
duct its oversight authorities over the Depart-
ment and other Departments and agencies; and 
‘‘(C) ensuring that the policies and proce-
dures established by the Secretary remain con-
sistent with those established by the Archivist 
of the United States; 
‘‘(2) ensure that the program established under 
paragraph (1) includes at least one individual for 
each Department office with delegated original clas-
sification authority; and 
‘‘(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 pro-
gram established under paragraph (1), on— 
‘‘(A) the advisability of expanding the pro-
gram on a government-wide basis, whereby 
other departments and agencies would send 
detailees to the National Archives and Records 
Administration; and 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6401
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
‘‘(B)
the
administrative
and
monetary 
costs of full compliance with this section. 
‘‘(d) SUNSET OF DETAILEE PROGRAM.—Except as 
otherwise provided by law, subsection (c) shall cease to 
have effect on December 31, 2012. 
‘‘(e)
FINISHED
INTELLIGENCE
PRODUCT
DE-
FINED.—The term ‘finished intelligence product’ has the 
meaning given the term in section 210F(c).’’. 
SEC. 5. TECHNICAL AMENDMENT. 
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 fol-
lowing new items: 
‘‘Sec. 210F. Over-classification prevention program. 
‘‘Sec. 210G. Enforcement of over-classification prevention programs.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reducing Over-Classi-
fication Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The National Commission on Terrorist At-
tacks 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. 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
(2) The 9/11 Commission and others have ob-
served that the over-classification of information 
interferes with accurate, actionable, and timely infor-
mation sharing, increases the cost of information se-
curity, and needlessly limits public access to informa-
tion. 
(3) Over-classification of information causes con-
siderable confusion about what information may be 
shared with whom, and negatively affects the dissemi-
nation of information within the Federal Government 
and with State, local, and tribal entities, and the pri-
vate sector. 
(4) Excessive government secrecy stands in the 
way of a safer and more secure homeland. Over-clas-
sification of information is antithetical to the cre-
ation and operation of the information sharing envi-
ronment established under 1016 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (6 U.S.C. 
485). 
(5) Federal departments or agencies authorized 
to make original classification decisions or that per-
form derivative classification of information are re-
sponsible for developing, implementing, and admin-
istering policies, procedures, and programs that pro-
mote compliance with applicable laws, executive or-
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
‘‘(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 secu-
rity of critical infrastructure— 
‘‘(A) in developing plans and policies to re-
spond to requests related to classified informa-
tion without communicating such information to 
individuals who lack appropriate security clear-
ances; 
‘‘(B) regarding the appropriate procedures 
for challenging classification designations of in-
formation 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 Intel-
ligence 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 con-
tents in section 1(b) of the Homeland Security Act of 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
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 INFOR-
MATION. 
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 para-
graph: 
‘‘(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 infor-
mation, 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 intel-
ligence 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 ap-
propriate security clearance; and 
‘‘(ii) provide a mechanism within the Office 
of the Director of National Intelligence for the 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
Director to direct access to the information ref-
erenced in subparagraph (A) for an employee re-
ferred to in clause (i).’’. 
SEC. 5. INTELLIGENCE INFORMATION SHARING. 
(a) DEVELOPMENT OF GUIDANCE FOR INTELLIGENCE 
PRODUCTS.—Paragraph (1) of section 102A(g) of the Na-
tional Security Act of 1947 (50 U.S.C. 403–1(g)) is amend-
ed— 
(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 
cor-
responding executive order), and parts 2001 and 2004 
of title 32, Code of Federal Regulations (or any subse-
quent corresponding regulation), establish— 
‘‘(i) guidance to standardize, in appro-
priate cases, the formats for classified and un-
classified intelligence products created by ele-
ments of the intelligence community for purposes 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
of promoting the sharing of intelligence products; 
and 
‘‘(ii) policies and procedures requiring the 
increased use, in appropriate cases, and includ-
ing 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 fol-
lowing: 
‘‘(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 sec-
tion 1016(a) of the Intelligence Reform and Terrorism Pre-
vention 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 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS
the security of critical infrastructure, such head shall share 
that intelligence product with the Interagency Threat As-
sessment 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 Coordi-
nation Group determines that an intelligence product re-
ferred 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 rec-
ommend to the Under Secretary for Intelligence and Anal-
ysis of the Department of Homeland Security that the 
Under Secretary produce an intelligence product that is un-
classified 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 en-
tity or agency. 
‘‘(C)(i) The Secretary of Homeland Security shall sub-
mit to the congressional intelligence committees, the Com-
mittee 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 
VerDate Mar 15 2010 
01:54 May 28, 2010
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H553.RS
H553
jbell on DSKDVH8Z91PROD with BILLS