§124m — Title 6 Domestic Security | U.S. Code

Summary

The Secretary must choose someone in the Department to be the Classified Information Advisory Officer. That person must create and share educational materials and run training to help State, local, and tribal governments (including their law enforcement) and private sector groups. The training must cover how to handle requests about classified information without giving it to people who lack clearances, how to challenge classification decisions they receive, and how their staff can apply for security clearances. The officer must also tell the Under Secretary for Intelligence and Analysis about policies and procedures that could help share classified information with those people. Not later than 90 days after October 7, 2010, the Secretary must name the first Classified Information Advisory Officer and send a written notice of that choice to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.

Title 6, §124m

Domestic Security — Source: USLM XML via OLRC

(a)The Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section.

(b)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 communicating such information to individuals who lack appropriate security clearances;

(B)regarding the appropriate procedures for challenging 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 appropriate.

(c)Not later than 90 days after October 7, 2010, 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 210E of Pub. L. 107–296, title II, as added Pub. L. 110–53, title X, § 1001(a), Aug. 3, 2007, 121 Stat. 372, was renumbered section 2214 of Pub. L. 107–296 by Pub. L. 115–278, § 2(g)(2)(G), Nov. 16, 2018, 132 Stat. 4178, and transferred to section 664 of this title.

Statutory Notes and Related Subsidiaries

Findings Pub. L. 111–258, § 2, Oct. 7, 2010, 124 Stat. 2648, provided that: “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 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.”

§124m Classified Information Advisory Officer