Reducing Over-Classification Act

Bill: 111-hr-553
Sponsor: Rep. Harman, Jane [D-CA-36]
Introduced: 2009-01-15 in the House
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Administrative remedies
Congressional oversight
Department of Homeland Security
Employment and training programs
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government information and archives
Government studies and investigations
Homeland security
Intelligence activities, surveillance, classified information
National Archives and Records Administration
Terrorism

Summary:
action_date: 2009-01-15
text: 
Reducing Over-Classification Act of 2009 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and administer policies, procedures, and programs (policies) within the Department of Homeland Security (DHS) to prevent the over-classification of homeland security, terrorism, weapons of mass destruction, and other information within the scope of the information sharing environment established under the Intelligence Reform and Terrorism Prevention Act of 2004 that must be disseminated to prevent and collectively respond to acts of terrorism.
 
Requires the Secretary to 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 to develop such policies.
 
Directs the Secretary to: (1) create standard classified and unclassified formats for finished DHS intelligence products; (2) require that all such products be simultaneously prepared in the standard unclassified format, provided that such unclassified product would reasonably be expected to be of 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; (3) ensure that such policies protect the national security as well as the information privacy and legal rights of U.S. persons; (4) establish an ongoing auditing mechanism that randomly selects classified information from each DHS component to assess whether applicable classification regulations have been followed, describe any problems with their administration, and recommend improvements in awareness and training to address the problems identified; (5) establish a process whereby employees may challenge original classification decisions and be rewarded for successful challenges resulting in the removal or downgrading of classification markings; (6) inform employees and contractors that failure to comply could subject them to a series of penalties; and (7) institute such penalties.
 
Requires the Secretary to: (1) assess technologies by which an electronic identifying marker can be assigned to each DHS employee and contractor with original classification authority to track which documents have been classified by a particular employee or contractor, determine the circumstances when such documents have been shared, identify and address over-classification problems, and assess the information sharing impact of any such problems or misuse; (2) develop an implementation plan for a DHS standard for such technology; and (3) provide a copy of the implementation plan to the House and Senate homeland security committees.
 
Directs the Secretary, in coordination with the Archivist, to: (1) require annual training for each DHS employee and contractor with classification authority or those responsible for analyzing, producing, or communicating written classified information; and (2) ensure that such program is conducted efficiently in conjunction with any other security, intelligence, or other training programs required by DHS to reduce the costs and administrative burdens associated with the additional training required.
 
Requires the Secretary to: (1) implement a program to detail DHS personnel to the National Archives and Records Administration (NARA) for one year for purposes of training and educating DHS personnel to better understand classification authorities, bolstering NARA's ability to conduct oversight, and ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist; (2) ensure that the program includes at least one individual for each DHS office with delegated original classification authority; and (3) report to Congress, in coordination with the Archivist, on the advisability of expanding the program on a government-wide basis and on the administrative and monetary costs of full compliance. Terminates the program on December 31, 2012.
 

action_date: 2009-02-03
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Reducing Over-Classification Act of 2009 - (Sec. 3) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and administer policies, procedures, and programs (policies) within the Department of Homeland Security (DHS) to prevent the over-classification of homeland security, terrorism, weapons of mass destruction, and other information within the scope of the information sharing environment established under the Intelligence Reform and Terrorism Prevention Act of 2004 that must be disseminated to prevent and collectively respond to acts of terrorism.
 
Requires the Secretary to 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 to develop such policies.
 
Directs the Secretary to: (1) create standard classified and unclassified formats for finished DHS intelligence products; (2) require that all such products be simultaneously prepared in the standard unclassified format, provided that such unclassified product would reasonably be expected to be of 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; (3) ensure that such policies protect the national security as well as the information privacy and legal rights of U.S. persons; (4) establish an ongoing auditing mechanism that randomly selects classified information from each DHS component to assess whether applicable classification regulations have been followed, describe any problems with their administration, and recommend improvements in awareness and training to address the problems identified; (5) establish a process whereby employees may challenge original classification decisions and be rewarded for successful challenges resulting in the removal or downgrading of classification markings; (6) inform employees and contractors that failure to comply could subject them to a series of penalties; and (7) institute such penalties.
 
(Sec. 4) Requires the Secretary to: (1) assess technologies by which an electronic identifying marker can be assigned to each DHS employee and contractor with original classification authority to track which documents have been classified by a particular employee or contractor, determine the circumstances when such documents have been shared, identify and address over-classification problems, and assess the information sharing impact of any such problems or misuse; (2) develop an implementation plan for a DHS standard for such technology; and (3) provide a copy of the implementation plan to the House and Senate homeland security committees.
 
Directs the Secretary, in coordination with the Archivist, to: (1) require annual training for each DHS employee and contractor with classification authority or those responsible for analyzing, producing, or communicating written classified information; and (2) ensure that such program is conducted efficiently in conjunction with any other security, intelligence, or other training programs required by DHS to reduce the costs and administrative burdens associated with the additional training required.
 
Requires the Secretary to: (1) implement a program to detail DHS personnel to the National Archives and Records Administration (NARA) for one year for purposes of training and educating DHS personnel to better understand classification authorities, bolstering NARA's ability to conduct oversight, and ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist; (2) ensure that the program includes at least one individual for each DHS office with delegated original classification authority; and (3) report to Congress, in coordination with the Archivist, on the advisability of expanding the program on a government-wide basis and on the administrative and monetary costs of full compliance. Terminates the program on December 31, 2012.

action_date: 2010-05-27
text: 
Reducing Over-Classification Act - (Sec. 3) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS), acting through the Under Secretary for Intelligence and Analysis, to identify and designate 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.
 
Requires that Officer to develop educational materials and training programs to assist state, local, tribal, and private sector entities with responsibility related to the security of critical infrastructure in developing policies to respond to requests related to classified information regarding: (1) the appropriate procedures for challenging classification designations of information received by personnel of such entities; and (2) the means by which such personnel may apply for security clearances. Directs the Officer to inform the Under Secretary for Intelligence and Analysis on policies and procedures that could facilitate the sharing of classified information with such personnel.
 
(Sec. 4) Amends the National Security Act of 1947 to: (1) grant the Director of National Intelligence (DNI) access to all intelligence information produced by the intelligence community, consistent with that Act; (2) ensure maximum access to that information for federal, state, local, or tribal government employees who have an appropriate security clearance; and (3) provide a mechanism within the Office of the DNI for the DNI to direct access to such information for such an employee, consistent with the protection of intelligence sources and methods.
 
(Sec. 5) Requires the DNI to establish: (1) guidance to standardize formats for classified and unclassified intelligence products for purposes of promoting the sharing of such products; and (2) policies and procedures requiring the increased use, including portion markings, of the classification of portions of information within one intelligence product.
 
Directs: (1) a federal agency head who determines that an intelligence product that includes homeland security or terrorism information 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, to share that product with the Interagency Threat Assessment and Coordination Group; and (2) that Group, upon making the same determination, to recommend that the Under Secretary for Intelligence and Analysis of DHS produce and provide to such entity a version of that intelligence product that is unclassified or that is classified at the lowest possible level.
 
Sets forth reporting requirements.
 
(Sec. 6) Defines &quot;derivative classification&quot; and &quot;original classification.&quot; Requires the head of each federal agency with an employee who is authorized to make original or derivative classification decisions to consider such employee's consistent and proper classification of information in determining whether to award any personnel incentive to that employee.
 
Requires the inspector general of each federal agency with an employee who is authorized to make original classifications to carry out, annually through 2014, an evaluation of that agency to assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered and to identify those that may be contributing to persistent misclassification of material. Sets forth reporting requirements.
 
(Sec. 7) Defines &quot;intelligence community.&quot; Requires the DNI to require annual training for each employee of an element of the intelligence community or a contractor to such element who has original classification authority, performs derivative classification, or is responsible for communicating written classified information, which shall include training: (1) to educate the employee regarding guidance relating to the formatting of finished intelligence products, the proper use of classification markings, and incentives and penalties related to the proper classification of intelligence information; and (2) that is a prerequisite for obtaining and maintaining classification authority.

action_date: 2010-09-27
text: 
Reducing Over-Classification Act - (Sec. 4) Amends the Homeland Security Act of 2002 (HSA) to direct the Secretary of Homeland Security (DHS) to designate a Classified Information Advisory Officer to develop and disseminate educational materials and to develop and administer training programs to assist state, local, and tribal governments (including law enforcement agencies) and private sector entities: (1) in developing plans and policies to respond to requests related to classified information without communicating such information to individuals who lack appropriate security clearances: (2) regarding the appropriate procedures for challenging classification designations of information received by personnel of such entities; and (3) on the means by which such personnel may apply for security clearances. Directs such Officer to inform the Under Secretary for Intelligence and Analysis on policies and procedures that could facilitate the sharing of classified information with such personnel. 
 
(Sec. 5) Amends the National Security Act of 1947 to require the Director of National Intelligence to establish: (1) guidance to standardize formats for classified and unclassified intelligence products for purposes of promoting the sharing of such products; and (2) policies and procedures requiring the increased use, including portion markings, of the classification of portions of information within one intelligence product.
 
Amends HSA to: (1) include among the responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection, to integrate relevant information, analysis, and vulnerability assessments in order to prepare finished intelligence and information products in both classified and unclassified formats whenever reasonably expected to be of benefit to a state, local, or tribal government or a private sector entity; and (2) require the state, local, and tribal homeland security and law enforcement officers and intelligence analysts assigned by the Interagency Threat Assessment and Coordination Group (ITACG) Detail to work in the National Counterterrorism Center to make recommendations to the Secretary for the further dissemination of intelligence products that could likely inform or improve the security of such a government or entity.
 
 Requires the Secretary, in coordination with the Director of the National Conterterrorism Center and the ITACG Advisory Council, to: (1) compile an annual assessment of 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 and private sector entities; (2) provide such assessment to the program manager for the information sharing environment for use in the annual report on ITACG progress. Requires such report to include an assessment of whether the ITACG detailees have appropriate access to all relevant information as required.
 
(Sec. 6) Permits the President or the head of an agency with an officer or employee who is authorized to make original or derivative classification decisions, in making certain cash incentive awards, to consider such officer's or employee's consistent and proper classification of information. Requires the inspector general of each such agency, in consultation with the Information Security Oversight Office, to carry out at least two evaluations of that agency or components thereof to: (1) assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered; and (2) identify policies, procedures, rules, regulations, or management practices that may be contributing to persistent misclassification of material. Requires each first evaluation to be completed by September 30, 2013, and each second evaluation to be completed by September 30, 2016. Requires each inspector general to: (1) submit a report on each such evaluation to specified congressional committees, the agency head, and the Director of the Information Security Oversight Office; and (2) coordinate with other inspectors general and with the Information Security Oversight Office to ensure that evaluations follow a consistent methodology that allows for cross-agency comparisons.
 
(Sec. 7) Directs the head of each executive agency, in accordance with Executive Order 13526, to require: (1) annual training for each employee who has original classification authority; and (2) training at least every two years for employees who perform derivative classification or are responsible for analysis, dissemination, preparation, production, receipt, publication, or otherwise communication of classified information. Requires such training to: (1) educate the employee regarding the guidance established under the National Security Act of 1947 regarding the formatting of finished intelligence products, the proper use of classification markings, and incentives and penalties related to the proper classification of intelligence information; and (2) serve as a prerequisite for obtaining and maintaining original classification authority or derivatively classifying information. Directs each agency head to ensure that the training is conducted efficiently and in conjunction with any other required security, intelligence, or other training programs to reduce the associated costs and administrative burdens.

action_date: 2010-10-07
text: 

(This measure has not been amended since it was passed by the Senate on September 27, 2010. The summary of that version is repeated here.)

 
Reducing Over-Classification Act - (Sec. 4) Amends the Homeland Security Act of 2002 (HSA) to direct the Secretary of Homeland Security (DHS) to designate a Classified Information Advisory Officer to develop and disseminate educational materials and to develop and administer training programs to assist state, local, and tribal governments (including law enforcement agencies) and private sector entities: (1) in developing plans and policies to respond to requests related to classified information without communicating such information to individuals who lack appropriate security clearances: (2) regarding the appropriate procedures for challenging classification designations of information received by personnel of such entities; and (3) on the means by which such personnel may apply for security clearances. Directs such Officer to inform the Under Secretary for Intelligence and Analysis on policies and procedures that could facilitate the sharing of classified information with such personnel. 
 
(Sec. 5) Amends the National Security Act of 1947 to require the Director of National Intelligence to establish: (1) guidance to standardize formats for classified and unclassified intelligence products for purposes of promoting the sharing of such products; and (2) policies and procedures requiring the increased use, including portion markings, of the classification of portions of information within one intelligence product.
 
Amends HSA to: (1) include among the responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection, to integrate relevant information, analysis, and vulnerability assessments in order to prepare finished intelligence and information products in both classified and unclassified formats whenever reasonably expected to be of benefit to a state, local, or tribal government or a private sector entity; and (2) require the state, local, and tribal homeland security and law enforcement officers and intelligence analysts assigned by the Interagency Threat Assessment and Coordination Group (ITACG) Detail to work in the National Counterterrorism Center to make recommendations to the Secretary for the further dissemination of intelligence products that could likely inform or improve the security of such a government or entity.
 
 Requires the Secretary, in coordination with the Director of the National Conterterrorism Center and the ITACG Advisory Council, to: (1) compile an annual assessment of 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 and private sector entities; (2) provide such assessment to the program manager for the information sharing environment for use in the annual report on ITACG progress. Requires such report to include an assessment of whether the ITACG detailees have appropriate access to all relevant information as required.
 
(Sec. 6) Permits the President or the head of an agency with an officer or employee who is authorized to make original or derivative classification decisions, in making certain cash incentive awards, to consider such officer's or employee's consistent and proper classification of information. Requires the inspector general of each such agency, in consultation with the Information Security Oversight Office, to carry out at least two evaluations of that agency or components thereof to: (1) assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered; and (2) identify policies, procedures, rules, regulations, or management practices that may be contributing to persistent misclassification of material. Requires each first evaluation to be completed by September 30, 2013, and each second evaluation to be completed by September 30, 2016. Requires each inspector general to: (1) submit a report on each such evaluation to specified congressional committees, the agency head, and the Director of the Information Security Oversight Office; and (2) coordinate with other inspectors general and with the Information Security Oversight Office to ensure that evaluations follow a consistent methodology that allows for cross-agency comparisons.
 
(Sec. 7) Directs the head of each executive agency, in accordance with Executive Order 13526, to require: (1) annual training for each employee who has original classification authority; and (2) training at least every two years for employees who perform derivative classification or are responsible for analysis, dissemination, preparation, production, receipt, publication, or otherwise communication of classified information. Requires such training to: (1) educate the employee regarding the guidance established under the National Security Act of 1947 regarding the formatting of finished intelligence products, the proper use of classification markings, and incentives and penalties related to the proper classification of intelligence information; and (2) serve as a prerequisite for obtaining and maintaining original classification authority or derivatively classifying information. Directs each agency head to ensure that the training is conducted efficiently and in conjunction with any other required security, intelligence, or other training programs to reduce the associated costs and administrative burdens.


Legislative actions:
action_date: 2010-10-07
text: Became Public Law No: 111-258.
action_date: 2010-10-07
text: Became Public Law No: 111-258.
action_date: 2010-10-07
text: Signed by President.
action_date: 2010-10-07
text: Signed by President.
action_date: 2010-09-30
text: Presented to President.
action_date: 2010-09-30
text: Presented to President.
action_date: 2010-09-28
text: Cleared for White House.
action_date: 2010-09-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-09-28
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (text as House agreed to Senate amendment: CR H7075-7076)
action_date: 2010-09-28
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(text as House agreed to Senate amendment: CR H7075-7076)
action_date: 2010-09-28
text: DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 553.
action_date: 2010-09-28
text: Ms. Harman moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H7075-7077)
action_date: 2010-09-28
text: Message on Senate action sent to the House.
action_date: 2010-09-27
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2010-09-27
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2010-09-27
text: Measure laid before Senate by unanimous consent. (consideration: CR S7554-7556; text of measure as reported in Senate: CR S7554-7556)
action_date: 2010-05-27
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 413.
action_date: 2010-05-27
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 111-200.
action_date: 2010-05-27
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. With written report No. 111-200.
action_date: 2009-11-04
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2009-02-04
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2009-02-03
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-02-03
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H893-894)
action_date: 2009-02-03
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H893-894)
action_date: 2009-02-03
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 553.
action_date: 2009-02-03
text: Considered under suspension of the rules. (consideration: CR H893-898)
action_date: 2009-02-03
text: Mr. Thompson (MS) moved to suspend the rules and pass the bill.
action_date: 2009-01-15
text: Referred to the House Committee on Homeland Security.
action_date: 2009-01-15
text: Sponsor introductory remarks on measure. (CR E100)
action_date: 2009-01-15
text: Introduced in House
action_date: 2009-01-15
text: Introduced in House

Enacted as: number: 111-258