Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	2,123	n/a	n/a
Engrossed in House	2,131	3	7%
Referred in Senate	2,102	5	11%
Reported in Senate	4,625	143	89%
Engrossed Amendment Senate	2,242	127	78%
Enrolled Bill	2,171	11 Show Changes Hide Changes	5%

Display Version Introduced in House Engrossed in House Referred in Senate Reported in Senate Engrossed Amendment Senate Enrolled Bill

HR 553 EAS

In the Senate of the United States,

September 27, 2010.

Resolved, That the bill from the House of Representatives (H.R.553CommentsClose CommentsPermalink

) entitled ‘An Act t One Hundred Eleventh Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

’, do pass with the following

AMENDMENT:

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

This Act may be cited as the ‘Reducing Over-Classification Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.CommentsClose CommentsPermalink

Congress finds the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.CommentsClose CommentsPermalink

In this Act:CommentsClose CommentsPermalink





(1) DERIVATIVE CLASSIFICATION AND ORIGINAL CLASSIFICATION- The terms ‘derivative classification’ and ‘original classification’ have the meanings given those terms in Executive Order No. 13526.CommentsClose CommentsPermalink





(2) EXECUTIVE AGENCY- The term ‘Executive agency’ has the meaning given that term in section 105 of title 5, United States Code.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 4. CLASSIFIED INFORMATION ADVISORY OFFICER.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink

‘SEC. 210F. CLASSIFIED INFORMATION ADVISORY OFFICER.CommentsClose CommentsPermalink

‘(a) Requirement To Establish- The Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section.CommentsClose CommentsPermalink





‘(b) Responsibilities- The responsibilities of the Classified Information Advisory Officer shall be as follows:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) regarding the appropriate procedures for challenging classification designations of information received by personnel of such entities; andCommentsClose CommentsPermalink





‘(C) on the means by which such personnel may apply for security clearances.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(c) Initial Designation- Not later than 90 days after the date of the enactment of the Reducing Over-Classification Act, the Secretary shall--CommentsClose CommentsPermalink





‘(1) designate the initial Classified Information Advisory Officer; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘Sec. 210F. Classified Information Advisory Officer.’.CommentsClose CommentsPermalink

SEC. 5. INTELLIGENCE INFORMATION SHARING.CommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink





(1) in subparagraph (E), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in subparagraph (F), by striking the period at the end and inserting a semicolon and ‘and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(G) in accordance with Executive Order No. 13526 (75 Fed. Reg. 707; relating to classified national security information) (or any subsequent corresponding executive order), and part 2001 of title 32, Code of Federal Regulations (or any subsequent corresponding regulation), establish--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Creation of Unclassified Intelligence Products as Appropriate for State, Local, Tribal, and Private Sector Stakeholders-CommentsClose CommentsPermalink





(1) RESPONSIBILITIES OF SECRETARY RELATING TO INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTECTION- Paragraph (3) of section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended to read as follows:CommentsClose CommentsPermalink





‘(3) To integrate relevant information, analysis, and vulnerability assessments (regardless of whether such information, analysis or assessments are provided by or produced by the Department) in order to--CommentsClose CommentsPermalink





‘(A) identify priorities for protective and support measures regarding terrorist and other threats to homeland security by the Department, other agencies of the Federal Government, State, and local government agencies and authorities, the private sector, and other entities; andCommentsClose CommentsPermalink





‘(B) prepare finished intelligence and information products in both classified and unclassified formats, as appropriate, whenever reasonably expected to be of benefit to a State, local, or tribal government (including a State, local, or tribal law enforcement agency) or a private sector entity.’.CommentsClose CommentsPermalink





(2) ITACG DETAIL- Section 210D(d) of the Homeland Security Act of 2002 (6 U.S.C. 124k(d)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (5)--CommentsClose CommentsPermalink





(i) in subparagraph (D), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (E) as subparagraph (F); andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (D) the following:CommentsClose CommentsPermalink





‘(E) make recommendations, as appropriate, to the Secretary or the Secretary’s designee, for the further dissemination of intelligence products that could likely inform or improve the security of a State, local, or tribal government, (including a State, local, or tribal law enforcement agency) or a private sector entity; and’;CommentsClose CommentsPermalink





(B) in paragraph (6)(C), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(C) in paragraph (7), by striking the period at the end and inserting a semicolon and ‘and’; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(8) compile an annual assessment of the ITACG Detail’s performance, including summaries of customer feedback, in preparing, disseminating, and requesting the dissemination of intelligence products intended for State, local and tribal government (including State, local, and tribal law enforcement agencies) and private sector entities; andCommentsClose CommentsPermalink





‘(9) provide the assessment developed pursuant to paragraph (8) to the program manager for use in the annual reports required by subsection (c)(2).’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1), by striking ‘, in consultation with the Information Sharing Council,’;CommentsClose CommentsPermalink





(2) in paragraph (1), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(3) in paragraph (2), by striking the period at the end and inserting a semicolon and ‘and’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) in each report required by paragraph (2) submitted after the date of the enactment of the Reducing Over-Classification Act, include an assessment of whether the detailees under subsection (d)(5) have appropriate access to all relevant information, as required by subsection (g)(2)(C).’.CommentsClose CommentsPermalink

SEC. 6. PROMOTION OF ACCURATE CLASSIFICATION OF INFORMATION.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Inspector General Evaluations-CommentsClose CommentsPermalink





(1) REQUIREMENT FOR EVALUATIONS- Not later than September 30, 2016, the inspector general of each department or agency of the United States with an officer or employee who is authorized to make original classifications, in consultation with the Information Security Oversight Office, shall carry out no less than two evaluations of that department or agency or a component of the department or agency--CommentsClose CommentsPermalink





(A) to assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered within such department, agency, or component; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) DEADLINES FOR EVALUATIONS-CommentsClose CommentsPermalink





(A) INITIAL EVALUATIONS- Each first evaluation required by paragraph (1) shall be completed no later than September 30, 2013.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) REPORTS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) CONTENT- Each report submitted under subparagraph (A) shall include a description of--CommentsClose CommentsPermalink





(i) the policies, procedures, rules, regulations, or management practices, if any, identified by the inspector general under paragraph (1)(B); andCommentsClose CommentsPermalink





(ii) the recommendations, if any, of the inspector general to address any such identified policies, procedures, rules, regulations, or management practices.CommentsClose CommentsPermalink





(C) COORDINATION- The inspectors general who are required to carry out evaluations under paragraph (1) shall coordinate with each other and with the Information Security Oversight Office to ensure that evaluations follow a consistent methodology, as appropriate, that allows for cross-agency comparisons.CommentsClose CommentsPermalink





(4) APPROPRIATE ENTITIES DEFINED- In this subsection, the term ‘appropriate entities’ means--CommentsClose CommentsPermalink





(A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) any other committee of Congress with jurisdiction over a department or agency referred to in paragraph (1);CommentsClose CommentsPermalink





(D) the head of a department or agency referred to in paragraph (1); andCommentsClose CommentsPermalink





(E) the Director of the Information Security Oversight Office.CommentsClose CommentsPermalink

SEC. 7. CLASSIFICATION TRAINING PROGRAM.CommentsClose CommentsPermalink

(a) In General- The head of each Executive agency, in accordance with Executive Order 13526, shall require annual training for each employee who has original classification authority. For employees who perform derivative classification, or are responsible for analysis, dissemination, preparation, production, receipt, publication, or otherwise communication of classified information, training shall be provided at least every two years. Such training shall--CommentsClose CommentsPermalink





(1) educate the employee, as appropriate, regarding--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) the proper use of classification markings, including portion markings that indicate the classification of portions of information; andCommentsClose CommentsPermalink





(C) any incentives and penalties related to the proper classification of intelligence information; andCommentsClose CommentsPermalink





(2) ensure such training is a prerequisite, once completed successfully, as evidenced by an appropriate certificate or other record, for--CommentsClose CommentsPermalink





(A) obtaining original classification authority or derivatively classifying information; andCommentsClose CommentsPermalink





(B) maintaining such authority.CommentsClose CommentsPermalink





(b) Relationship to Other Programs- The head of each Executive agency shall ensure that the training required by subsection (a) is conducted efficiently and in conjunction with any other required security, intelligence, or other training programs to reduce the costs and administrative burdens associated with carrying out the training required by subsection (a).CommentsClose CommentsPermalink

Attest:

Secretary.

111th CONGRESS

2d Session

H.R. 553

AMENDMENT

Speaker of the House of Representatives. CommentsClose CommentsPermalink