HARMAN INTRODUCES BILL TO REDUCE FEDERAL GOVERNMENT OVER-CLASSIFICATION OF INTELLIGENCE INFORMATION
Says over-classification practices imperil “our ability to make America safer from terrorism”
December 18, 2007 Washington, D.C. This morning, together with 13 of her Democratic committee colleagues, Representative Jane Harman (D-Venice), Chair of the Homeland Security Subcommittee on Intelligence, Information Sharing & Terrorism Risk Assessment, introduced “The Reducing Over-Classification Act of 2007” – legislation designed to curtail sharply the federal government’s widespread and mushrooming practice of classifying, in Harman’s words, “practically everything that moves.”
Almost three and a half years ago, the 9/11 Commission made clear the urgent need to eliminate the over-classification of intelligence information by the Federal Government. The Commissioners found that pseudo- and over-classification interferes with the sharing of critical intelligence information between the Federal Government and its State, local and tribal partners on the front lines of America’s homeland security efforts.
“Unfortunately, the amount of material that is classified is growing exponentially,” said Harman, “making it harder and harder for our first responders to do their jobs.”
According to the Information Security Oversight Office at the National Archives, the number of new classification actions almost doubled from eight million in 2001 to 14 million in 2005. During the same period, the quantity of declassified pages dropped from 100 million in 2001 to 29 million in 2005. Some agencies were even found to be withdrawing archived records from public access and reclassifying them.
Added Harman: “Starting with the Homeland Security Department, this much-needed bill will help the federal government get a handle on its destructive addiction to the over- and pseudo-classification of intelligence information.”
The Reducing Over-Classification Act of 2007 (ROC Act) – carefully crafted legislation based on an exhaustive hearing record – focuses on the Homeland Security Department and would require the Secretary to implement a “best practices” strategy to:
• allow the classification of documents only after unclassified, shareable versions of intelligence have been produced;
• develop a new “sensitive and shared” information program that will provide protections for certain sensitive and unclassified information for limited periods of time under narrowly tailored circumstances;
• propose new incentives and disincentives to encourage Department personnel to classify documents properly and to use “sensitive and shared” markings sparingly;
• create training programs and auditing mechanisms for all Department employees in order to ensure that the Strategy is being implemented properly;
• establish an independent Department declassification review board to expedite the declassification of documents when the need for public access outweighs the need to classify; and
• propose legislative solutions to ensure that the Strategy is implemented in a way that not only promotes security but also fosters both information sharing and the protection of privacy and other civil rights.“The federal government’s obsession with secrecy and its failure to provide local ‘first preventers’ with accurate, actionable and timely information prevent them from becoming full partners in keeping our communities safe,” Harman said.
Subcommittee cosponsors are: Reps. Norm Dicks (D-WA), James Langevin (D-RI), Christopher Carney (D-PA) and Ed Perlmutter (D-CO). Full Committee cosponsors include Reps. Loretta Sanchez (D-CA), Ed Markey (D-MA), Nita Lowey (D-NY), Eleanor Holmes Norton (D-DC), Zoe Lofgren (D-CA), Sheila Jackson-Lee (D-TX), Donna Christensen (D-VI), Bob Etheridge (D-NC) and Yvette Clarke (D-NY).
Rep. Harman’s full statement accompanying introduction of the bill can be found at www.house.gov/harman
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STATEMENT OF INTRODUCTION BY CONGRESSWOMAN JANE HARMAN
for the “REDUCING OVER-CLASSIFICATION ACT OF 2007"
December 18, 2007 Washington, D.C. Madam Speaker, today all Democratic members of the Homeland Security Subcommittee on Intelligence, Information Sharing & Terrorism Risk Assessment are introducing legislation that will put the Department of Homeland Security on the path to better information sharing by turning back the tide of over-classification that imperils our ability to make America safer from terrorism.
The “Reducing Over-Classification Act of 2007” (ROC Act) gives Congress the tools to curtail the federal government’s widespread and mushrooming practice of classifying practically everything that moves.
Almost three and a half years ago, the 9/11 Commission made clear the urgent need to eliminate the over-classification of intelligence information by the Federal Government.
The Commissioners found that over-classification interferes with the sharing of critical information between the Federal Government and its State, local, and tribal partners on the front lines of our nation’s homeland security efforts.
Sadly, the numbers tell us that we’re still not heeding the 9/11 Commission’s warning.
According to the Information Security Oversight Office at the National Archives, the number of new classification actions jumped from eight million in 2001 to 14 million in 2005. During the same period, the quantity of declassified pages dropped from 100 million in 2001 to 29 million in 2005.
To make matters worse, we learned this past year that some agencies were withdrawing archived records from public access and reclassifying them!
Together with the exponential growth in the amount of material that is classified, we’ve seen the level of spending on classification go up considerably.
In 2001, $4.5 billion was spent on classification but by 2004, we were spending $7.1 billion.
In addition, there has been a troubling proliferation of new policies and labels to limit the distribution of sensitive but unclassified information across the Federal Government.
At the Federal level alone, there are over 28 distinct policies for the protection of this “SBU” information.
Unlike with classified records, there is no monitoring of or reporting on the use of SBU information markings or its consequences.The proliferation of these SBU “pseudo-classifications” interferes with interagency information sharing – increasing the cost of information security and limiting public access.
It’s also an obstacle to sharing information with our first preventers and first responders in the field – precisely what the 9/11 Commission warned against.
During this session, Homeland Security’s Subcommittee on Intelligence that I chair has held numerous hearings and received invaluable input from subject matter experts on what first steps to take to address the twin problems of over- and pseudo-classification.
The bill we’re introducing today reflects that input.
The goal is simple: make the Department of Homeland Security the “gold standard” when it comes to preventing over-classification and to limiting the use of sensitive but unclassified markings.
The only way to ensure that the Department gets it right going forward is to promote an enforceable and understandable strategy that applies to everyone.
DHS is an excellent place to start and – if it gets a handle on its own burgeoning over- and pseudo-classification addiction – can become a “best practices” center and the test bed for the rest of the Federal Government.
Accordingly, our bill will require the Secretary of Homeland Security to develop a strategy that will:
-- allow the classification of documents only after unclassified, shareable versions of intelligence have been produced;
-- develop a new “sensitive and shared” information program that will provide protections for certain sensitive and unclassified information for limited periods of time under narrowly tailored circumstances;
-- propose new incentives and disincentives to encourage Department personnel to classify documents properly and to use “sensitive and shared” markings sparingly;
-- create training programs and auditing mechanisms for all Department employees in order to ensure that the Strategy is being implemented properly;
-- establish an independent Department declassification review board to expedite the declassification of documents when the need for public access outweighs the need to classify; and
-- propose legislative solutions to ensure that the Strategy is implemented in a way that not only promotes security but also fosters both information sharing and the protection of privacy and other civil rights.
Our Subcommittee plans to move this legislation early next year and hopes our colleagues in the House will join us in the effort to ensure that the Federal Government gets accurate and actionable information to those who need it in a timely fashion.
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