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Reducing Over-Classification Act

Public Law 111-258 · H.R. 553 · 111th Congress · began in the House

Signed by Barack Obama (D) on Oct 7, 2010 · Government Operations and Politics

Sponsor: Rep. Jane Harman (D-CA-36)

Cosponsors: None

Passage votes

  • HouseVoice vote
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Committees

The committees the bill was sent to, and what each did with it.

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Related bills

The record lists no related bills.

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 24 actions.

  1. Oct 7, 2010Became lawBecame law · Became Public Law No: 111-258.
  2. Became lawBecame law · Signed by President.
  3. Sep 30, 2010FloorFloor · Presented to President.
  4. Sep 28, 2010Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  5. Resolving differencesResolving differences · On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.
  6. Resolving differencesResolving differences · Ms. Harman moved that the House suspend the rules and agree to the Senate amendment.
  7. FloorFloor · 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. FloorFloor · Message on Senate action sent to the House.
  9. OtherOther · Cleared for White House.
  10. OtherOther · Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.
  11. Sep 27, 2010FloorFloor · Passed Senate with an amendment by Unanimous Consent.
  12. FloorFloor · Measure laid before Senate by unanimous consent.
  13. May 27, 2010CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 413.
  14. CommitteeCommittee · 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.
  15. Nov 4, 2009CommitteeCommittee · Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
  16. Feb 4, 2009CommitteeCommittee · Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  17. Feb 3, 2009FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  18. FloorFloor · On motion to suspend the rules and pass the bill Agreed to by voice vote.
  19. FloorFloor · DEBATE - The House proceeded with forty minutes of debate on H.R. 553.
  20. FloorFloor · Considered under suspension of the rules.
  21. FloorFloor · Mr. Thompson (MS) moved to suspend the rules and pass the bill.
  22. Jan 15, 2009CommitteeCommittee · Referred to the House Committee on Homeland Security.
  23. CommitteeCommittee · Sponsor introductory remarks on measure. (CR E100)
  24. IntroducedIntroduced · Introduced in House
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

1 amendment offered to the bill, with the last recorded step of each.

  • S.Amdt. 4661SenateSen. Joseph LiebermanD-CT· offered Sep 27, 2010Agreed to

    In the nature of a substitute.

    Sep 27, 2010: Amendment SA 4661 agreed to in Senate by Unanimous Consent.

    Agreed to
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.