50 U.S.C. § 3344 — Classification training program

Page 821 TITLE 50—WAR AND NATIONAL DEFENSE § 3344a 1 See References in Text note below. (d) Adjudicative guidelines (1) Requirement to establish The President shall establish adjudicative guidelines for determining eligibility for ac- cess to classified information. (2) Requirements related to mental health The guidelines required by paragraph (1) shall— (A) include procedures and standards under which a covered person is determined to be mentally incompetent and provide a means to appeal such a determination; and (B) require that no negative inference con- cerning the standards in the guidelines may be raised solely on the basis of seeking men- tal health counseling. (Pub. L. 108–458, title III, § 3002, as added Pub. L. 110–181, div. A, title X, § 1072(a), Jan. 28, 2008, 122 Stat. 328.) Editorial Notes REFERENCES IN TEXT Executive Order 12958, referred to in subsec. (a)(4), which was formerly set out as a note under section 435 (now section 3161) of this title, was revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731. CODIFICATION Section was formerly classified to section 435c of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 3344. Classification training program (a) In general The head of each Executive agency, in accord- ance with Executive Order 13526, shall require annual training for each employee who has original classification authority. For employees who perform derivative classification, or are re- sponsible for analysis, dissemination, prepara- tion, production, receipt, publication, or other- wise communication of classified information, training shall be provided at least every two years. Such training shall— (1) educate the employee, as appropriate, re- garding— (A) the guidance established under sub- paragraph (G) of section 3024(g)(1) of this title, as added by section 5(a)(3),1 regarding the formatting of finished intelligence prod- ucts; (B) the proper use of classification mark- ings, including portion markings that indi- cate the classification of portions of infor- mation; and (C) any incentives and penalties related to the proper classification of intelligence in- formation; and (2) ensure such training is a prerequisite, once completed successfully, as evidenced by an appropriate certificate or other record, for— (A) obtaining original classification au- thority or derivatively classifying informa- tion; and (B) maintaining such authority. (b) Relationship to other programs The head of each Executive agency shall en- sure 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). (Pub. L. 111–258, § 7, Oct. 7, 2010, 124 Stat. 2652.) Editorial Notes REFERENCES IN TEXT Executive Order 13526, referred to in subsec. (a), is set out as a note under section 3161 of this title. Section 5(a)(3), referred to in subsec. (a)(1)(A), prob- ably means section 5(a)(3) of Pub. L. 111–258. CODIFICATION Section was formerly classified to section 435d of this title prior to editorial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 111–258, § 3, Oct. 7, 2010, 124 Stat. 2648, provided that: ‘‘In this Act [see Short Title of 2010 Amendment note set out under section 101 of Title 6, Domestic Se- curity]: ‘‘(1) DERIVATIVE CLASSIFICATION AND ORIGINAL CLAS- SIFICATION.—The terms ‘derivative classification’ and ‘original classification’ have the meanings given those terms in Executive Order No. 13526 [50 U.S.C. 3161 note]. ‘‘(2) EXECUTIVE AGENCY.—The term ‘Executive agen- cy’ has the meaning given that term in section 105 of title 5, United States Code. ‘‘(3) EXECUTIVE ORDER NO. 13526.—The term ‘Execu- tive Order No. 13526’ means Executive Order No. 13526 (75 Fed. Reg. 707; relating to classified national secu- rity information) or any subsequent corresponding executive order.’’ § 3344a. Training to promote sensible classifica- tion (a) Definitions In this section: (1) Over-classification The term ‘‘over-classification’’ means classi- fication at a level that exceeds the minimum level of classification that is sufficient to pro- tect the national security of the United States. (2) Sensible classification The term ‘‘sensible classification’’ means classification at a level that is the minimum level of classification that is sufficient to pro- tect the national security of the United States.