6 U.S.C. § 124m — Classified Information Advisory Officer

Page 53 TITLE 6—DOMESTIC SECURITY § 124m–1 § 124m. Classified Information Advisory Officer (a) Requirement to establish The Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section. (b) Responsibilities The responsibilities of the Classified Informa- tion Advisory Officer shall be as follows: (1) To develop and disseminate educational materials and to develop and administer train- ing programs to assist State, local, and tribal governments (including State, local, and trib- al law enforcement agencies) and private sec- tor entities— (A) in developing plans and policies to re- spond to requests related to classified infor- mation without communicating such infor- mation 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 Intel- ligence and Analysis on policies and proce- dures that could facilitate the sharing of clas- sified information with such personnel, as ap- propriate. (c) Initial designation Not later than 90 days after October 7, 2010, the Secretary shall— (1) designate the initial Classified Informa- tion Advisory Officer; and (2) submit to the Committee on Homeland Security and Governmental Affairs of the Sen- ate and the Committee on Homeland Security of the House of Representatives a written noti- fication of the designation. (Pub. L. 107–296, title II, § 210E, formerly § 210F, as added Pub. L. 111–258, § 4(a), Oct. 7, 2010, 124 Stat. 2649; renumbered § 210E, Pub. L. 115–278, § 2(g)(2)(J), Nov. 16, 2018, 132 Stat. 4178.) 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 require- ments 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 con- siderable confusion regarding what information may be shared with whom, and negatively affects the dis- semination of information within the Federal Gov- ernment and with State, local, and tribal entities, and with the private sector. ‘‘(4) Over-classification of information is antithet- ical 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 per- form derivative classification of information are re- sponsible for developing, implementing, and admin- istering policies, procedures, and programs that pro- mote compliance with applicable laws, executive or- ders, and other authorities pertaining to the proper use of classification markings and the policies of the National Archives and Records Administration.’’ § 124m–1. Departmental coordination on counter threats (a) Establishment There is authorized in the Department, for a period of 2 years beginning after December 27, 2020, a Counter Threats Advisory Board (in this section referred to as the ‘‘Board’’) which shall— (1) be composed of senior representatives of departmental operational components and headquarters elements; and (2) coordinate departmental intelligence ac- tivities and policy and information related to the mission and functions of the Department that counter threats. (b) Charter There shall be a charter to govern the struc- ture and mission of the Board, which shall— (1) direct the Board to focus on the current threat environment and the importance of aligning departmental activities to counter threats under the guidance of the Secretary; and (2) be reviewed and updated as appropriate. (c) Members (1) In general The Board shall be composed of senior rep- resentatives of departmental operational com- ponents and headquarters elements. (2) Chair The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Board. (3) Members The Secretary shall appoint additional mem- bers of the Board from among the following: (A) The Transportation Security Adminis- tration. (B) U.S. Customs and Border Protection. (C) U.S. Immigration and Customs En- forcement. (D) The Federal Emergency Management Agency. (E) The Coast Guard. (F) U.S. Citizenship and Immigration Serv- ices. (G) The United States Secret Service. (H) The Cybersecurity and Infrastructure Security Agency. (I) The Office of Operations Coordination. (J) The Office of the General Counsel.