United States 111th Congress Status: Enacted

HR 553 — Reducing Over-Classification Act

Last action — Became Public Law No: 111-258.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 15, 2009. Enacted.

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Summary

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. (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.

Bill Text

What changed in the latest version

132 added · 116 removed

Plain-language change summary

The amendment to HR 553 includes the addition of the short title and definitions sections, specifying the terminology related to classification in the context of the bill. The modifications aim to clarify the intent and scope of the legislation regarding the prevention of over-classification and the promotion of information sharing among agencies. It matters because these clarifications could facilitate better understanding and implementation of the strategies proposed for managing classified information.

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[Congressional Bills 111th Congress] [From the U.S.
[111th Congress Public Law 258] [From the U.S.
Government Publishing Office] [H.R.
Government Publishing Office] [[Page 2647]] REDUCING OVER-CLASSIFICATION ACT [[Page 124 STAT.
553 Engrossed Amendment Senate (EAS)] In the Senate of the United States, September 27, 2010.
2648]] Public Law 111-258 111th Congress 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.
Resolved, That the bill from the House of Representatives (H.R.
<<NOTE:
553) entitled ``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.'', do pass with the following AMENDMENT:
Oct.
In lieu of the matter proposed to be inserted, insert the following:
7, - [H.R.
SECTION 1.
553]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
SHORT TITLE.
Reducing Over- Classification Act.>> SECTION 1.
<<NOTE:
6 USC 101 note.>> SHORT TITLE.
FINDINGS.
<<NOTE:
6 USC 124m note.>> FINDINGS.
(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.
(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.
DEFINITIONS.
<<NOTE:
50 USC 435d note.>> DEFINITIONS.
(1) Derivative classification and original classification.--The terms ``derivative classification'' and ``original classification'' have the meanings given those terms in Executive Order No.
[[Page 124 STAT.
2649]] (1) Derivative classification and original classification.-- The terms ``derivative classification'' and ``original classification'' have the meanings given those terms in Executive Order No.
CLASSIFIED INFORMATION ADVISORY OFFICER.
CLASSIFIED <<NOTE:
``(a) Requirement To Establish.--The Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section.
6 USC 124m.>> INFORMATION ADVISORY OFFICER.
``(a) Requirement To Establish.-- The <<NOTE:
Designation.>> Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section.
``(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;
``(c) Initial <<NOTE:
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.''.
Deadline.>> 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 <<NOTE:
Notification.>> 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.''.
SEC.
[[Page 124 STAT.
2650]] SEC.
``(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;
``(E) make recommendations, as appropriate, to the Secretary or the Secretary's designee, for the further dissemination of intelligence products that could likely [[Page 124 STAT.
2651]] 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;
``(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;
``(8) compile <<NOTE:
Assessment.>> 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;
``(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).''.
``(3) in each <<NOTE:
Assessment.>> 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).''.
PROMOTION OF ACCURATE CLASSIFICATION OF INFORMATION.
PROMOTION <<NOTE:
50 USC 435 note.>> OF ACCURATE CLASSIFICATION OF INFORMATION.
(b) Inspector General Evaluations.-- (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-- (A) to assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered within such department, agency, or component;
(b) Inspector General Evaluations.-- (1) Requirement <<NOTE:
Deadline.>> 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-- (A) to assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered within such department, agency, or component;
(2) Deadlines for evaluations.-- (A) Initial evaluations.--Each first evaluation required by paragraph (1) shall be completed no later than September 30, 2013.
(2) Deadlines for evaluations.-- [[Page 124 STAT.
2652]] (A) Initial evaluations.--Each first evaluation required by paragraph (1) shall be completed no later than September 30, 2013.
CLASSIFICATION TRAINING PROGRAM.
<<NOTE:
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(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.
50 USC 435d.>> CLASSIFICATION TRAINING PROGRAM.
(a) In General.--The <<NOTE:
Requirements.
Deadline.>> head of each Executive agency, in accordance with Executive Order 13526, shall require annual training for each employee who has original classification authority.
(B) the proper use of classification markings, including portion markings that indicate the classification of portions of information;
[[Page 124 STAT.
2653]] (B) the proper use of classification markings, including portion markings that indicate the classification of portions of information;
Attest:
Approved October 7, 2010.
Secretary.
LEGISLATIVE HISTORY--H.R.
111th CONGRESS 2d Session H.R.
553:
553 _______________________________________________________________________ AMENDMENT
--------------------------------------------------------------------------- SENATE REPORTS:
No.
111-200 (Comm.
on Homeland Security and Governmental Affairs).
CONGRESSIONAL RECORD:
Vol.
155 (2009):
Feb.
3, considered and passed House.
Vol.
156 (2010):
Sept.
27, considered and passed Senate, amended.
Sept.
28, House concurred in Senate amendment.
<all>
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Action History

  1. Became Public Law No: 111-258.

  2. Signed by President.

  3. Presented to President.

  4. Cleared for White House.

  5. Motion to reconsider laid on the table Agreed to without objection.

  6. 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)

  7. 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.

  8. Ms. Harman moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H7075-7077)

  9. Message on Senate action sent to the House.

  10. Passed Senate with an amendment by Unanimous Consent.

  11. S.AMDT.4661 Amendment SA 4661 agreed to in Senate by Unanimous Consent.

  12. S.AMDT.4661 Amendment SA 4661 proposed by Senator Durbin for Senator Lieberman. (consideration: CR S7556)In the nature of a substitute.

  13. Measure laid before Senate by unanimous consent. (consideration: CR S7554-7556; text of measure as reported in Senate: CR S7554-7556)

  14. Placed on Senate Legislative Calendar under General Orders. Calendar No. 413.

  15. 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.

  16. Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

  17. Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

  18. Motion to reconsider laid on the table Agreed to without objection.

  19. On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H893-894)

  20. DEBATE - The House proceeded with forty minutes of debate on H.R. 553.

  21. Considered under suspension of the rules. (consideration: CR H893-898)

  22. Mr. Thompson (MS) moved to suspend the rules and pass the bill.

  23. Referred to the House Committee on Homeland Security.

  24. Sponsor introductory remarks on measure. (CR E100)

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 547 not signed on

Sponsors (0)

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Co-sponsors (0)

None.

Not signed on (547)

547 members have not signed on to this bill.

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Frequently asked questions

What does HR 553 do?
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. (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.
What is the current status of HR 553?
This bill has been enacted into law. Introduced January 15, 2009. Enacted.
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