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 pro-
grams 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:
H. R. 553—2 
(1) DERIVATIVE CLASSIFICATION AND ORIGINAL CLASSIFICA-
TION.—The terms ‘‘derivative classification’’ and ‘‘original classi-
fication’’ 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 commu-
nicating such information to individuals who lack appro-
priate security clearances; 
‘‘(B) regarding the appropriate procedures for chal-
lenging 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 appro-
priate. 
‘‘(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.’’.
H. R. 553—3 
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 Regula-
tions (or any subsequent corresponding regulation), estab-
lish— 
‘‘(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 por-
tion 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 vulner-
ability 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 meas-
ures 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 prod-
ucts in both classified and unclassified formats, as appro-
priate, 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 Secu-
rity 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 subpara-
graph (F); and 
(iii) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(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 enforce-
ment 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 govern-
ment (including State, local, and tribal law enforcement agen-
cies) and private sector entities; and 
‘‘(9) provide the assessment developed pursuant to para-
graph (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-Classifica-
tion 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 Sep-
tember 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 consulta-
tion 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, fol-
lowed, and effectively administered within such depart-
ment, agency, or component; and 
(B) to identify policies, procedures, rules, regulations, 
or management practices that may be contributing to per-
sistent misclassification of material within such depart-
ment, agency or component. 
(2) DEADLINES FOR EVALUATIONS.—
H. R. 553—5 
(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 subpara-
graph (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, proce-
dures, 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 Secu-
rity 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 Govern-
mental Affairs and the Select Committee on Intelligence 
of the Senate; 
(B) the Committee on Homeland Security, the Com-
mittee 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 accord-
ance 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;
H. R. 553—6 
(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 deriva-
tively 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 sub-
section (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.