[Congressional Record: July 29, 2008 (House)]
[Page H7186-H7189]




            IMPROVING PUBLIC ACCESS TO DOCUMENTS ACT OF 2008

  Ms. HARMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6193) to require the Secretary of Homeland Security to
develop and administer policies, procedures, and programs to promote
the implementation of the Controlled Unclassified Information Framework
applicable to unclassified information that is homeland security
information, terrorism information, weapons of mass destruction
information and other information within the scope of the information
sharing environment established under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and for
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6193

       Be it enacted by the Senate and House of Representatives of
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improving Public Access to
     Documents Act of 2008''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The proliferation and widespread use of ``sensitive but
     unclassified'' (SBU) control markings by the Federal
     Government interferes with accurate, actionable, and timely
     homeland security information sharing, increases the cost of
     information security, and needlessly limits public access to
     information.
       (2) The control markings problem, which has worsened since
     the 9/11 attacks, causes considerable confusion about what
     information can be shared with whom both internally at the
     Department of Homeland Security and with its external
     partners. This problem negatively impacts the dissemination
     of homeland security information to the Department's State,
     local, tribal, and territorial homeland security and law
     enforcement partners, private sector customers, and the
     public.
       (3) Overuse of ``sensitive but unclassified'' markings
     stands in the way of a safer and more secure homeland. This
     trend 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), and must be halted and reversed.
       (4) To do so, the Department should start with the
     understanding that all departmental information that is not
     properly classified, or marked as controlled unclassified
     information and otherwise exempt from disclosure, should be
     made available to members of the public pursuant to section
     552 of title 5, United States Code (commonly referred to as
     the ``Freedom of Information Act'').
       (5) The Department should also develop and administer
     policies, procedures, and programs that promote compliance
     with applicable laws, executive orders, and other authorities
     pertaining to the proper use of controlled unclassified
     information markings and the National Archives and Records
     Administration policies implementing them.

     SEC. 3. CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK
                   IMPLEMENTATION WITHIN THE DEPARTMENT OF
                   HOMELAND SECURITY.

       Subtitle A of title II of the Homeland Security Act of 2002
     (6 U.S.C. 121 et seq.) is amended by adding at the end the
     following new section:

     ``SEC. 210F. CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK
                   IMPLEMENTATION PROGRAM.

       ``(a) In General.--The Secretary shall develop and
     administer policies, procedures, and programs within the
     Department to implement the controlled unclassified
     information framework to standardize the use of controlled
     unclassified markings on, and to maximize the disclosure to
     the public of, homeland security information, terrorism
     information, weapons of mass destruction information, and
     other information within the scope of the information sharing
     environment established under section 1016 of the
     Intelligence Reform and Terrorism Prevention Act of 2004 (6
     U.S.C. 485) that must be disseminated to prevent and to
     collectively respond to acts of terrorism. The Secretary
     shall coordinate with the Archivist of the United States and
     consult with representatives of State, local, tribal, and
     territorial government and law enforcement, organizations
     with expertise in civil rights, civil liberties, and
     government oversight, and the private sector, as appropriate,
     to develop such policies, procedures, and programs.
       ``(b) Requirements.--Not later than one year after the date
     of the enactment of the Improving Public Access to Documents
     Act of 2008, the Secretary, in administering the policies,
     procedures, and programs required under subsection (a),
     shall--
       ``(1) create, in consultation with the Archivist of the
     United States, a standard format for unclassified finished
     intelligence products created by the Department that have
     been designated as controlled unclassified information,
     consistent with any government-wide standards, practices or
     procedures for similar products;
       ``(2) require that all unclassified finished intelligence
     products created by the Department that have been designated
     as controlled unclassified information be prepared in the
     standard format;
       ``(3) ensure that such policies, procedures, and programs
     protect the national security as well as the information
     privacy rights and legal rights of United States persons
     pursuant to all applicable law and policy, including the
     privacy guidelines for the information sharing environment
     established pursuant to section 1016 of the Intelligence
     Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485),
     as appropriate;
       ``(4) establish an ongoing auditing mechanism administered
     by the Inspector General of the Department or other
     appropriate senior Department official that randomly selects,
     on a periodic basis, controlled unclassified information from
     each component of the Department, including all Department
     components that generate unclassified finished intelligence
     products, to--
       ``(A) assess whether applicable controlled unclassified
     information policies, procedures, rules, and regulations have
     been followed;
       ``(B) describe any problems with the administration of the
     applicable controlled unclassified information policies,
     procedures, rules and regulations, including specific non-
     compliance issues;
       ``(C) recommend improvements in awareness and training to
     address any problems identified in subparagraph (B); and
       ``(D) report at least annually to the Committee on Homeland
     Security of the House of Representatives and the Committee on
     Homeland Security and Governmental Affairs of the Senate, and
     the public on the findings of the Inspector General's audits
     under this section;
       ``(5) establish a process whereby employees may challenge
     the use of controlled unclassified information markings by
     Department employees or contractors and be rewarded

[[Page H7187]]

     with specific incentives for successful challenges resulting
     in--
       ``(A) the removal of controlled unclassified information
     markings; or
       ``(B) the correct application of appropriate controlled
     unclassified information markings;
       ``(6) inform employees and contractors that failure to
     comply with the policies, procedures, and programs
     established under this section could subject them to a series
     of penalties;
       ``(7) institute a series of penalties for employees and
     contractors who repeatedly fail to comply with the policies,
     procedures, and programs established under this section after
     having received both notice of their noncompliance and
     appropriate training or re-training to address such
     noncompliance;
       ``(8) maintain a publicly available list of all documents
     designated, in whole or in part, as controlled unclassified
     information by Department employees or contractors that--
       ``(A) have been withheld in response to a request made
     pursuant to section 552 of title 5, United States Code
     (commonly referred to as the `Freedom of Information Act');
     and
       ``(B) includes for each such withheld document a summary of
     the request and a statement that identifies the exemption
     under section 552(b) of title 5, United States Code (commonly
     referred to as the `Freedom of Information Act') that
     justified the withholding; and
       ``(9) create a process through which the public can notify
     the Inspector General of the Department of any concerns
     regarding the implementation of the controlled unclassified
     information framework, including the withholding of
     controlled unclassified information pursuant to section
     552(b) of title 5, United States Code (commonly referred to
     as the `Freedom of Information Act'), which shall be
     considered as part of the audit described in paragraph (4).
       ``(c) Implementation.--In carrying out subsections (a) and
     (b), the Secretary shall ensure that--
       ``(1) information is designated as controlled unclassified
     information and includes an authorized controlled
     unclassified information marking only if--
       ``(A) a statute or executive order requires or authorizes
     such a designation and marking; or
       ``(B) the Secretary, through regulations, directives, or
     other specific guidance to the agency that have been
     submitted to and approved by the Archivist of the United
     States, determines that the information is controlled
     unclassified information based on mission requirements,
     business prudence, legal privilege, the protection of
     personal or commercial rights, safety, or security;
       ``(2) notwithstanding paragraph (1), information is not to
     be designated as controlled unclassified information--
       ``(A) to conceal violations of law, inefficiency, or
     administrative error;
       ``(B) to prevent embarrassment to Federal, State, local,
     tribal, or territorial governments or any official, agency,
     or organization thereof; any agency; or any organization;
       ``(C) to improperly or unlawfully interfere with
     competition in the private sector;
       ``(D) to prevent or delay the release of information that
     does not require such protection;
       ``(E) if it is required to be made available to the public;
     or
       ``(F) if it has already been released to the public under
     proper authority; and
       ``(3) the controlled unclassified information framework is
     administered in a manner that ensures that--
       ``(A) information can be shared within the Department and
     with State, local, tribal, and territorial governments, the
     private sector, and the public, as appropriate;
       ``(B) all policies and standards for the designation,
     marking, safeguarding, and dissemination of controlled
     unclassified information are consistent with the controlled
     unclassified information framework and any other policies,
     guidelines, procedures, instructions, or standards
     established by the President, including in any relevant
     future executive memoranda or executive orders;
       ``(C) the number of Department employees and contractors
     with controlled unclassified information designation
     authority is limited appropriately as determined in
     consultation with the parties referred to in subsection (a);
       ``(D) controlled unclassified information markings are not
     a determinant of public disclosure pursuant to section 552 of
     title 5, United States Code (commonly referred to as the
     `Freedom of Information Act');
       ``(E) controlled unclassified information markings are
     placed on archived or legacy material whenever circulated,
     consistent with the controlled unclassified information
     framework and any other policies, guidelines, procedures,
     instructions, or standards established by the President,
     including in any relevant future executive memoranda or
     executive orders;
       ``(F) all controlled unclassified information portions of
     classified documents are marked as controlled unclassified
     information; and
       ``(G) it supersedes any pre-existing policies and
     procedures relating to the creation, control, and sharing of
     sensitive but unclassified information generated by the
     Department, except where otherwise provided by law.
       ``(d) Public Access to Unclassified Information.--The
     Secretary shall make available to members of the public all
     controlled unclassified information and other unclassified
     information in its possession that is releasable pursuant to
     an appropriate request under section 552 of title 5, United
     States Code (commonly referred to as the `Freedom of
     Information Act').
       ``(e) Rule of Construction.--Nothing in this section shall
     be construed to prevent or discourage the Department from
     voluntarily releasing to the public any unclassified
     information that is not exempt from disclosure under section
     552 of title 5, United States Code (commonly referred to as
     the `Freedom of Information Act').''.

     SEC. 4. ENFORCEMENT OF CONTROLLED UNCLASSIFIED INFORMATION
                   FRAMEWORK IMPLEMENTATION WITHIN THE DEPARTMENT
                   OF HOMELAND SECURITY.

       Subtitle A of title II of the Homeland Security Act of 2002
     (6 U.S.C. 121 et seq.) is amended by adding at the end the
     following new section:

     ``SEC. 210G. ENFORCEMENT OF CONTROLLED UNCLASSIFIED
                   INFORMATION FRAMEWORK IMPLEMENTATION PROGRAMS.

       ``(a) Personal Identifiers.--The Secretary shall--
       ``(1) assess the technologies available or in use at the
     Department by which an electronic personal identification
     number or other electronic identifying marker can be assigned
     to each Department employee and contractor with controlled
     unclassified information designation authority in order to--
       ``(A) track which documents have been designated as
     controlled unclassified information by a particular employee
     or contractor;
       ``(B) determine the circumstances when such documents have
     been shared;
       ``(C) identify and address misuse of controlled
     unclassified information markings, including the
     misapplication of controlled unclassified information
     markings to documents that do not merit such markings; and
       ``(D) assess the information sharing impact of any such
     problems or misuse;
       ``(2) develop an implementation plan for a Department
     standard for such technology with appropriate benchmarks, a
     timetable for its completion, and cost estimate for the
     creation and implementation of a system of electronic
     personal identification numbers or other electronic
     identifying markers for all relevant Department employees and
     contractors; and
       ``(3) upon completion of the implementation plan described
     in paragraph (2), or not later than 180 days after the date
     of the enactment of the Improving Public Access to Documents
     Act of 2008, whichever is earlier, the Secretary shall
     provide a copy of the plan to the Committee on Homeland
     Security of the House of Representatives and the Committee on
     Homeland Security and Governmental Affairs of the Senate.
       ``(b) Training.--The Secretary, in coordination with the
     Archivist of the United States, shall--
       ``(1) require annual training for each Department employee
     and contractor with controlled unclassified information
     designation authority or those responsible for analysis,
     dissemination, preparation, production, receiving,
     publishing, or otherwise communicating written controlled
     unclassified information. Such training shall--
       ``(A) educate each employee and contractor about--
       ``(i) the Department's requirement that all unclassified
     finished intelligence products that they create that have
     been designated as controlled unclassified information be
     prepared in a standard format prescribed by the Department;
       ``(ii) the proper use of controlled unclassified
     information markings, including portion markings; and
       ``(iii) the consequences of improperly using controlled
     unclassified information markings, including the
     misapplication of controlled unclassified information
     markings to documents that do not merit such markings, and of
     failing to comply with the Department's policies and
     procedures established under or pursuant to this section,
     including the negative consequences for the individual's
     personnel evaluation, homeland security, information sharing,
     and the overall success of the Department's missions;
       ``(B) serve as a prerequisite, once completed successfully,
     as evidenced by an appropriate certificate, for--
       ``(i) obtaining controlled unclassified information
     designation authority; and
       ``(ii) renewing such authority annually; and
       ``(C) count as a positive factor, once completed
     successfully, in the Department's employment, evaluation, and
     promotion decisions; and
       ``(2) ensure that such program is conducted efficiently, in
     conjunction with any other security, intelligence, or other
     training programs required by the Department to reduce the
     costs and administrative burdens associated with the
     additional training required by this section.
       ``(c) Detailee Program.--The Secretary shall--
       ``(1) implement a Departmental detailee program to detail
     Departmental personnel to the National Archives and Records
     Administration for one year, for the purpose of--
       ``(A) training and educational benefit for the Department
     personnel assigned so that they may better understand the
     policies, procedures, and laws governing the controlled
     unclassified information framework;

[[Page H7188]]

       ``(B) bolstering the ability of the National Archives and
     Records Administration to conduct its oversight authorities
     over the Department and other Departments and agencies; and
       ``(C) ensuring that the policies and procedures established
     by the Secretary remain consistent with those established by
     the Archivist of the United States; and
       ``(2) in coordination with the Archivist of the United
     States, report to Congress not later than 90 days after the
     conclusion of the first year of the program established under
     paragraph (1), on--
       ``(A) the advisability of expanding the program on a
     government-wide basis, whereby other departments and agencies
     would send detailees to the National Archives and Records
     Administration; and
       ``(B) the administrative and monetary costs of full
     compliance with this section.
       ``(d) Termination of Detailee Program.--Except as otherwise
     provided by law, subsection (c) shall cease to have effect on
     December 31, 2012.''.

     SEC. 5. DEFINITIONS.

       Subtitle A of title II of the Homeland Security Act of 2002
     (6 U.S.C. 121 et seq.) is further amended by adding at the
     end the following new section:

     ``SEC. 210H. DEFINITIONS.

       ``In this Act:
       ``(1) Controlled unclassified information.--The term
     `controlled unclassified information' means a categorical
     designation that refers to unclassified information,
     including unclassified information within the scope of the
     information sharing environment established under section
     1016 of the Intelligence Reform and Terrorism Prevention Act
     of 2004 (6 U.S.C. 485), including unclassified homeland
     security information, terrorism information, and weapons of
     mass destruction information (as defined in such section) and
     unclassified national intelligence (as defined in section
     3(5) of the National Security Act of 1947 (50 U.S.C.
     401a(5))), that does not meet the standards of National
     Security Classification under Executive Order 12958, as
     amended, but is (i) pertinent to the national interests of
     the United States or to the important interests of entities
     outside the Federal Government, and (ii) under law or
     National Archives and Records Administration policy requires
     safeguarding from unauthorized disclosure, special handling
     safeguards, or prescribed limits on exchanges or
     dissemination.
       ``(2) Controlled unclassified information framework.--The
     term `controlled unclassified information framework' means
     the single set of policies and procedures governing the
     designation, marking, safeguarding, and dissemination of
     terrorism-related controlled unclassified information that
     originates in departments and agencies, regardless of the
     medium used for the display, storage, or transmittal of such
     information, as set forth in the President's May 7, 2008
     Memorandum for the Heads of Executive Departments Regarding
     Designation and Sharing of controlled unclassified
     information (CUI), and in any relevant future executive
     memoranda, executive orders, or legislation.
       ``(3) Finished intelligence product.--The term `finished
     intelligence product' means a document in which an
     intelligence analyst has evaluated, interpreted, integrated,
     or placed into context raw intelligence or information.''.

     SEC. 6. TECHNICAL AMENDMENT.

       The table of contents in section 1(b) of the Homeland
     Security Act of 2002 (6 U.S.C. 101(b)) is amended by adding
     after the item relating to section 210E the following new
     items:

``Sec. 210F. Controlled unclassified information framework
              implementation program.
``Sec. 210G. Enforcement of controlled unclassified information
              framework implementation programs.
``Sec. 210H. Definitions.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Harman) and the gentleman from Florida (Mr. Bilirakis)
will each control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. HARMAN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislation days within which to revise and extend their remarks
and to include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
  There was no objection.
  Ms. HARMAN. Mr. Speaker, I yield myself such time as I may consume,
and I would like to include for the Record an exchange of letters
between the distinguished chairmen of the Committees on Homeland
Security and Oversight and Government Reform.

         House of Representatives, Committee on Oversight and
           Government Reform,
                                    Washington, DC, July 25, 2008.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security, Ford House Office
         Building, Washington, DC.
       Dear Chairman Thompson:
       I am writing about H.R. 6193, the Improving Public Access
     to Documents Act of 2008, which the Homeland Security
     Committee ordered reported to the House on June 26, 2008.
       I appreciate your effort to consult with the Committee on
     Oversight and Government Reform regarding H.R. 6193. In
     particular, I appreciate your willingness to work with me to
     move a govenunentwide pseudo-classification bill, H.R. 6576,
     to the House floor so that H.R. 6193 and H.R. 6576 can be
     considered during the same week.
       In the interest of expediting consideration of H.R. 6193,
     the Oversight Committee will not request a sequential
     referral of this bill. I would, however, request your support
     for the appointment of conferees from the Oversight Committee
     should H.R. 6193 or a similar Senate bill be considered in
     conference with the Senate.
       Moreover, although the Oversight Committee has agreed to
     forgo a sequential referral of this measure, I believe it is
     important to reiterate my general concern about H.R. 6193 as
     it applies to the Department of Homeland Security.
       H.R. 6193 creates procedures for the Department to follow
     in order to reduce the proliferation of unnecessary
     information classification. This is a commendable goal,
     however, investigations by the Oversight Committee have
     demonstrated that there has been a proliferation of pseudo-
     classification designations such as ``sensitive but
     unclassified'' or ``for official use only.'' In my view, any
     legislation addressing information control designations
     should be implemented on a government-wide basis.
       Again, thank you for considering my concerns about H.R.
     6193. I look forward to working with you to reduce the
     serious problem of pseudo-classification of information
     throughout the federal government.
       This letter should not be construed as a waiver of the
     Oversight Committee's legislative jurisdiction over subjects
     addressed in H.R. 6193 that fall within the jurisdiction of
     the Oversight Committee.
       Please include our exchange of letters on this matter in
     the Homeland Security Report on H.R. 6193 and in the
     Congressional Record during consideration of this legislation
     on the House floor.
           Sincerely,
                                                  Henry A. Waxman,
     Chairman.
                                  ____

         House of Representatives, Committee on Homeland Security,
                                    Washington, DC, July 28, 2008.
     Hon. Henry A. Waxman.
     Chairman, Committee on Oversight and Government Reform, House
         of Representatives, Rayburn House Office Building,
         Washington, DC.
       Dear Chairman Waxman:
       Thank you for your letter regarding H.R. 6193, the
     ``Improving Public Access to Documents Act of 2008,''
     introduced by Congresswoman Jane Harman on June 5, 2008.
       I appreciate your willingness to work cooperatively on this
     legislation. I acknowledge that H.R. 6193 contains provisions
     that fall under the jurisdictional interests of the Committee
     on Oversight and Government Reform. I appreciate your
     agreement to not seek a sequential referral of this
     legislation and acknowledge that your decision to forgo a
     sequential referral does not waive, alter, or otherwise
     affect the jurisdiction of the Committee on Oversight and
     Government Reform.
       Further, I recognize that your Committee reserves the right
     to seek appointment of conferees on the bill for the portions
     of the bill that are within your jurisdiction, and I agree to
     support such a request.
       I will ensure that this exchange of letters is included in
     the Committee's report on H.R. 6193 and in the Congressional
     Record during floor consideration of H.R. 6193. I look
     forward to working with you on this legislation and other
     matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
                                                         Chairman.

  Mr. Speaker, much like the overclassification problem which we have
just discussed in the prior debate, so-called sensitive but
unclassified markings, which are supposed to manage how sensitive
unclassified information is handled internally at Federal departments
and agencies, have instead hindered information-sharing with America's
first preventers. At the same time, these markings have been used as
tools to deny the public access to information to which it is entitled.
  In essence, SBU markings have effectively become pseudo-
classifications. Unlike classified records, however, there has been no
monitoring of the use or impact of SBU-controlled markings.
  Mr. Speaker, my colleague Mr. Reichert and I introduced H.R. 6193,
the Improving Public Access to Documents Act of 2008, to reform the
sensitive but unclassified control markings regime. Our bill brings
order to this chaos by adopting the CUI information framework developed
by Ambassador Ted McNamara in the Office of the Director of National
Intelligence.

[[Page H7189]]

  I want to commend Ambassador McNamara for really courageous work in
trying to manage this chaos, and it is his work that we build on in
this legislation. His CUI framework reduces the number of allowed
information control markings from over 100 to just seven. And to do so,
our bill, following his recommendations, imposes strict requirements
for when CUI control markings may be used. It promotes greater
transparency by requiring the Department of Homeland Security to create
a publicly available list of all department documents marked as CUI
that have been withheld from public disclosure under a valid FOIA
exemption.
  After working together on a bipartisan basis for months, and now with
significant input from the privacy, civil liberties, and government
oversight communities, we believe that H.R. 6193 will make DHS the
model to be followed when it comes to adopting and implementing CUI
best practices. And, in June, this legislation was marked up and
approved on a unanimous basis by both our Intelligence Subcommittee and
the full Homeland Security Committee.
  Putting the CUI framework into action at DHS will not only improve
information sharing, but will also help decrease the exorbitant
information security costs that the current SBU regime imposes, and
undo misguided SBU practices that needlessly limit public access to
information.
  Mr. Speaker, terrorism is intended to terrify. If our first
preventers have the facts on the front lines, we can begin to alleviate
the fear that has paralyzed our homeland security policies and thinking
for far too long. A first step is eliminating the confusion by making
more unclassified information available to DHS partners, including the
public, by ensuring that control markings don't gum up the works. The
potential dividends for the security of our homeland are enormous. Mr.
Speaker, I urge passage of this critical legislation.
  I reserve the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may
consume.
  I rise today in support of H.R. 6193, the Improving Public Access to
Documents Act, sponsored by Homeland Security Committee colleague,
Representative Jane Harman, who does such great work.
  H.R. 6193 requires the Secretary of Homeland Security to develop and
administer policies, procedures, and programs to implement the
President's controlled unclassified information framework to
standardize the many sensitive but unclassified categories of
information. The bill requires the Secretary to coordinate with the
Archivist of the United States and consult with representatives of
State and local governments, privacy and civil rights advocacy groups,
and the private sector in this effort.
  This bill codifies many of the policies and procedures included in a
May 7, 2008 executive memorandum, which directs executive department
heads to begin consolidating the over 100 known sensitive but
unclassified designations.
  Information designated as sensitive but unclassified doesn't merit a
security classification under Executive Order 12958 regarding
classified national security information but is still sensitive that
general disclosure is not in the public's best interest. Information
that is law enforcement sensitive or designated for official use only
are two examples of information that will now be marked as controlled
unclassified information under this new construct.
  Mr. Speaker, I am confident that H.R. 6193 is a helpful first step in
standardizing the many types of sensitive but unclassified information
so as to improve homeland security information sharing. I urge my
colleagues to support it.
  I reserve the balance of my time.
  Ms. HARMAN. Mr. Speaker, we have no further speakers and I am
prepared to close once the minority has closed.
  Mr. BILIRAKIS. I thank the gentlelady for the information, and let's
hope that the Senate gets to that authorization bill in September.
  I yield back the balance of my time.
  Ms. HARMAN. Mr. Speaker, again, I appreciate Mr. Bilirakis' support
and the support of the minority members of the Homeland Security
Committee and my principal cosponsor of this bill, the ranking member,
Mr. Reichert.
  It is pretty astounding that there are over 100 ways to block
nonclassified information from moving across the Federal Government.
With passage of this bill, we will, at least at the Department of
Homeland Security, reduce that 100 plus list of poor reasons in many
cases to just seven.
  Again, I want the commend Ambassador Ted McNamara for his path-
breaking work at the Office of the Director of National Intelligence,
and I want to commend the Government Reform and Oversight Committee for
a bill that will move under the suspension of rules later today, H.R.
6576, which will take the principles we are debating now with respect
to the Department of Homeland Security and apply them government-wide.
I think that is very good policy, and we start now, I hope, by passage
of this important legislation. I urge an aye vote.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Harman) that the House suspend the
rules and pass the bill, H.R. 6193, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
  Mr. BILIRAKIS. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________



[Congressional Record: July 30, 2008 (House)]
[Page H7596]




            IMPROVING PUBLIC ACCESS TO DOCUMENTS ACT OF 2008

  The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 6193, as amended.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Harman) that the House suspend the
rules and pass the bill, H.R. 6193, as amended.
  The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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