[Congressional Record: February 3, 2009 (House)]
[Page H893-H898]
REDUCING OVER-CLASSIFICATION ACT OF 2009
Mr. THOMPSON of Mississippi. Madam Speaker, I move to suspend the
rules and pass the bill (H.R. 553) to require the Secretary of Homeland
Security to develop a strategy to prevent the over-classification of
homeland security and other information and to promote the sharing of
unclassified homeland security and other information, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 553
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 ``Reducing Over-Classification
Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A key conclusion in the Final Report of the National
Commission on Terrorist Attacks Upon the United States
(commonly known as the ``9/11 Commission'') was the need to
prevent over-classification by the Federal Government.
(2) The 9/11 Commission and others have observed that the
over-classification of homeland security information
interferes with accurate, actionable, and timely homeland
security information sharing, increases the cost of
information security, and needlessly limits public access to
information.
(3) The over-classification 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.
(4) Excessive government secrecy 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.
(5) 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'').
(6) 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 classification markings and
the United States National Archives and Records
Administration policies implementing them.
SEC. 3. OVER-CLASSIFICATION PREVENTION 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. OVER-CLASSIFICATION PREVENTION PROGRAM.
``(a) In General.--The Secretary shall develop and
administer policies, procedures, and programs within the
Department to prevent the over-classification 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 Reducing Over-Classification Act of
2009, 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, standard classified and unclassified formats
for finished intelligence products created by the Department,
consistent with any government-wide standards, practices or
procedures for similar products;
``(2) require that all finished intelligence products
created by the Department be simultaneously prepared in the
standard unclassified format, provided that such an
unclassified product would reasonably be expected to be of
any benefit to a State, local, tribal or territorial
government, law enforcement agency or other emergency
response provider, or the private sector, based on input
provided by the Interagency Threat Assessment and
Coordination Group Detail established under section 210D;
``(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, classified information from each
component of the Department that generates finished
intelligence products to--
``(A) assess whether applicable classification policies,
procedures, rules, and regulations have been followed;
``(B) describe any problems with the administration of the
applicable classification 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, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the public, in an appropriate format, on the findings of the
Inspector General's audits under this section;
``(5) establish a process whereby employees may challenge
original classification decisions made by Department
employees or contractors and be rewarded with specific
incentives for successful challenges resulting in the removal
of classification markings or the downgrading of them;
``(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; and
``(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.
``(c) Finished Intelligence Product Defined.--The term
`finished intelligence product' means a document in which an
intelligence analyst has evaluated, interpreted,
[[Page H894]]
integrated, or placed into context raw intelligence or
information.''.
SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION 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 further amended by adding at the
end the following new section:
``SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION
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 original
classification authority in order to--
``(A) track which documents have been classified by a
particular employee or contractor;
``(B) determine the circumstances when such documents have
been shared;
``(C) identify and address over-classification problems,
including the misapplication of classification 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 Reducing Over-Classification Act of
2009, 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 classification authority or those
responsible for analysis, dissemination, preparation,
production, receiving, publishing, or otherwise communicating
written classified information, including training to--
``(A) educate each employee and contractor about--
``(i) the Department's requirement that all classified
finished intelligence products that they create be
simultaneously prepared in unclassified form in a standard
format prescribed by the Department, provided that the
unclassified product would reasonably be expected to be of
any benefit to a State, local, tribal, or territorial
government, law enforcement agency, or other emergency
response provider, or the private sector, based on input
provided by the Interagency Threat Assessment and
Coordination Group Detail established under section 210D;
``(ii) the proper use of classification markings, including
portion markings; and
``(iii) the consequences of over-classification and other
improper uses of classification markings, including the
misapplication of classification 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 classification 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 original
classification authorities;
``(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;
``(2) ensure that the program established under paragraph
(1) includes at least one individual for each Department
office with delegated original classification authority; and
``(3) 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) Sunset of Detailee Program.--Except as otherwise
provided by law, subsection (c) shall cease to have effect on
December 31, 2012.
``(e) Finished Intelligence Product Defined.--The term
`finished intelligence product' has the meaning given the
term in section 210F(c).''.
SEC. 5. 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. Over-classification prevention program.
``Sec. 210G. Enforcement of over-classification prevention programs.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Mississippi (Mr. Thompson) and the gentleman from Texas (Mr. Olson)
each will control 20 minutes.
The Chair recognizes the gentleman from Mississippi.
General Leave
Mr. THOMPSON of Mississippi. Madam Speaker, I ask unanimous consent
that all Members may have 5 legislative days in which to revise and
extend their remarks and insert extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Mississippi?
There was no objection.
Mr. THOMPSON of Mississippi. Madam Speaker, I would like to include
an exchange of letters between the distinguished chairman of the
Committee on Oversight and Government Reform and myself.
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, February 2, 2009.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman Thompson:
I am writing about H.R. 553, the Reducing Over-
Classification Act of 2009, which was introduced by Rep.
Harman on January 15, 2009, and referred to the Committee on
Homeland Security.
I appreciate your effort to consult with the Committee on
Oversight and Government Reform regarding H.R. 553. In
particular, I appreciate your willingness to work with me to
move a governmentwide over-classification bill to the House
floor in the near future.
In the interest of expediting consideration of H.R. 553 and
in recognition of your efforts to address my concerns, 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. 553 or a similar Senate bill be considered in conference
with the Senate.
Notwithstanding the Oversight Committee's agreement to
forgo a sequential referral, I believe it is important to
reiterate my general concern about H.R. 553 as it applies to
the Department of Homeland Security. H.R. 553 creates
procedures for the Homeland Security Department to follow in
order to reduce the over-classification of information.
Several congressional investigations and the 9/11 Commission
have emphasized, however, that over-classification is a
governmentwide problem that requires a governmentwide
solution. Accordingly, I favor an approach that requires all
agencies to follow the same classification protocols and
encourages the sharing of information between agencies and
with the public to the maximum extent possible.
Again, thank you for your efforts to address my concerns
with H.R. 553. I look forward to working with you to reduce
the significant problem of over-classification 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. 553 that fall within the jurisdiction of
the Oversight Committee.
Please include our exchange of letters on this matter in
the Congressional Record during consideration of this
legislation on the House floor.
Sincerely,
Edolphus Towns,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, February 2, 2009.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform, House
of Representatives, Washington, DC.
Dear Chairman Towns: Thank you for your letter regarding
H.R. 553, the ``Reducing
[[Page H895]]
Over-Classification Act of 2009,'' introduced by
Congresswoman Jane Harman on January 15, 2009.
I appreciate your willingness to work cooperatively on this
legislation. I acknowledge that H.R. 553 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 I 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 Congressional Record during floor consideration of H.R.
553. I look forward to working with you on this legislation
and other matters of great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.
Madam Speaker, I rise to support this bill and yield myself such time
as I may consume.
Madam Speaker, last month, millions of people came together from
around the Nation and the world to witness history. The swearing in of
Barack Obama as the 44th President of the United States of America
ushered in a new, brighter day for our Nation. It also ushered in a
new, more open approach to governing that emphasizes partnering with
State and local governments. Nowhere is there a greater need for a new
approach than when it comes to how government manages information.
During the Bush administration, critical information was routinely
over-classified, thereby keeping it out of the hands of our Nation's
``first preventers,'' the police and sheriffs on the front-lines.
The legislation that we are about to consider is one of three
homeland security bills that we are considering today. Together, they
reflect a new and commonsense approach to homeland security.
Ms. Harman introduced H.R. 553, the Reducing Over-Classification Act
of 2009, to make the Department of Homeland Security a model when it
comes to properly classifying data. To make America more secure, DHS
must share as much information as possible with its partners on the
State, local and tribal levels as well as the private sector. They are
the people who are among the best-positioned to take action when
terrorists threaten America's homeland.
Yet in recent years, Madam Speaker, too much of the intelligence
products generated by DHS are stamped ``Secret.'' Given that few first
preventers have security clearances, they are effectively blocked from
information they need.
There is a better way. H.R. 553 would ensure that classification is
limited to narrow cases, thereby promoting the creation of unclassified
intelligence products from the outset. Additionally, Ms. Harman's bill
will start DHS on the path to creating a culture of accountability.
Madam Speaker, H.R. 553 is a commonsense bill that will help foster
better information sharing to improve security throughout our Nation. I
urge the passage of this important homeland security legislation.
Madam Speaker, I reserve the balance of my time.
Mr. OLSON. Madam Speaker, I yield myself as much time as I may
consume.
I rise in support of H.R. 553, the Reducing Over-Classification Act
of 2009, which seeks to address the problem of over-classification of
sensitive information.
While classification has an essential role in protecting our country
from harm, over-classification is a very serious problem within the
Federal Government, and Chair Harman should be commended for her hard
work on the bill.
H.R. 553 rightfully concludes that over-classification could
interfere with sharing of critically important homeland security
information. Unfortunately, because of jurisdictional issues, this bill
only applies to the Department of Homeland Security. So, while the
goals of this bill should be supported, we remain concerned that this
bill may lead to policies that are not uniform throughout the Federal
Government.
As this legislation moves forward, we would encourage the Congress to
adopt a government-wide approach to the problem of over-classification
so that agencies and departments operate with a uniform set of
classification policies.
I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Madam Speaker, I yield, for as much time
as she may consume, to the gentlewoman from California, the person who
sponsored the legislation, Ms. Harman.
Ms. HARMAN. I thank our chairman for yielding and commend him for his
role on this bill and the two that will follow. Let me also point out,
Madam Speaker, that our committee is an extremely bipartisan committee.
This legislation, I would say to the manager on the Republican side,
was reported unanimously by our subcommittee last year, unanimously by
our full committee, and was adopted by voice vote on the House floor.
This legislation, which applies only to the Department of Homeland
Security, was the result of a very careful set of hearings. There may
be arguments to deal with this subject in other parts of the
government, but I believe this legislation, and the careful way it was
considered, is a model for what the House should be doing. And I urge
its prompt enactment again.
Madam Speaker, America's first preventers faced an enormous challenge
2 weeks ago, as Chairman Thompson said. They protected key members of
the old and new administrations, especially the First Families. Though
the so-called ``Purple Tunnel of Doom'' incident meant many ticket
holders could not get in, a thoroughly preventable fiasco, our first
preventers did manage a crowd of millions for the largest American
Presidential inauguration ever, working almost seamlessly with Federal
counterparts to do so.
The most important part of this extraordinary feat was the efficient
sharing of accurate, actionable and timely information, especially
information about threats, with police officers on the ground.
Now that the inauguration is over, local law enforcement shouldn't
have to return to business as usual. Information sharing, we should all
be reminded, was a huge problem leading up to 9/11. And 8 years later,
we still have unfinished business.
Though hard to believe, sheriffs and police chiefs cannot readily
access the information they need to prevent or disrupt a potential
terrorist attack because those at the Federal level resist sharing
information. Over-classification and pseudoclassification, which is
stamping with any number of sensitive-but-unclassified markings, remain
rampant.
Protecting sources and methods is the only valid reason to refuse to
share information. It is no exaggeration that people die and our
ability to monitor certain targets can be compromised if sources and
methods are revealed. As one who served on our Intelligence Committee
for 8 years, I saw this up close and personal. But, Madam Speaker,
classifying information to protect turf or avoid embarrassment is
wrong. As I mentioned, I served for many years on the Intelligence
Committee and became incredibly frustrated with this practice, which
the Bush administration elevated to an art form. And sadly, the
practice has spread to our newest Federal agency, the Department of
Homeland Security.
Madam Speaker, the next attack in the United States will not be
stopped because a bureaucrat in Washington, D.C. found out about it in
advance. It will be the cop on the beat who is familiar with the
rhythms and nuances of his or her own neighborhood who will foil that
attack.
H.R. 553 is an attempt to establish a gold standard at DHS when it
comes to classification practices. It requires that all classified
intelligence products created at the department be simultaneously
created in a standard unclassified format if such a product would help
local law enforcement keep us safe.
{time} 1600
This is unprecedented. Furthermore, the bill requires portion
marking, the identification of paragraphs in a document that are
unclassified, permitting the remainder of the document to remain
unclassified.
[[Page H896]]
I misspoke, Madam Speaker. The portion marking is for portions that
are classified, to leave the remainder of the document unclassified.
The measure will promote accountability by requiring the DHS
Inspector General to randomly sample classified intelligence products
and identify problems that exist in those samples. It also directs the
Secretary to develop a plan to track electronically how and where
information classified by DHS is disseminated, so that misuse can be
prevented.
And finally, the legislation requires the Secretary to establish
extensive annual training on the proper use of the classification
regime, and penalties for staff who repeatedly fail to comply with
applicable classification policies.
Madam Speaker, a key to homeland security is personal preparedness. A
prepared public is not likely to be terrorized. Access to important
unclassified information is essential to ensure preparedness, and this
bill protects the public's right to know. It enjoys broad support by
privacy and civil liberties groups.
Madam Speaker, on behalf of first preventers and first responders
everywhere, I urge passage of this essential bipartisan legislation,
again commend our committee members and staff for their work on this
legislation, and urge its prompt consideration following our action by
the Senate.
Mr. OLSON. Madam Speaker, I yield 4 minutes to the distinguished
gentleman from Texas (Mr. Culberson).
Mr. CULBERSON. Madam Speaker, I am glad that we are considering this
legislation today, which will be helpful to local law enforcement
agencies who are such a vital part of our homeland security. We have,
in Congress, I think, for too many years not done enough to bring local
law enforcement into the homeland security network that's essential to
protecting this Nation against attack from terrorists, people who would
enter this country to hurt us, crossing our borders. I am although
strenuously opposed to the scale of this spending bill that the liberal
majority has pushed through this House with so little public input, so
little public notice, so few public hearings. The scale of the bill is
one that we in the long term, I think, will find a crushing burden on
our kids and grandchildren. At least the legislation includes some
small fraction of money for ports of entry. I understand the
legislation includes funding to help strengthen airport security.
However, the Democrat, the liberal stimulus bill does not include
funding for expanding and building more rapidly the border fence, as it
should.
This so-called stimulus bill of almost $1.3 trillion spending spree
that we have seen in the first 17 days of this new majority in
Congress, the money that is spent in this stimulus bill only focuses on
the little piece that focuses on homeland security, focuses on land
ports of entry and airports. I would certainly encourage the chairman
of the Homeland Security Committee to work with our subcommittee on
appropriations. I serve on the Homeland Security Appropriations
Subcommittee. We would like to work with you in finding ways to send
more funding to our local border sheriffs, to our local law enforcement
agencies that are working along the border to secure this country
against narcoterrorists and extremist Islamic terrorists coming across
our border, southern and northern. We need to do far more to work in
cooperation with these local law enforcement agencies. And the precious
dollars that we spend in this Congress, the hard-earned tax dollars of
our constituents, when we do need to spend them, should be focused on
things like national security, like protecting the security of this
Nation when it comes to the border.
It's just inexcusable that this profligate stimulus bill that the
majority has put together, has things utterly unrelated to job growth,
such as neighborhood stabilization activities, $4.19 billion for groups
like ACORN. How desperately that money is needed to strengthening our
southern border, to helping reimburse local law enforcement agencies
for housing foreign nationals in county jails, the SCAP program, the
State and County Alien Assistance Program, to help the local taxpayers
pay for the cost of housing foreign nationals who are in this country
illegally and arrested by local sheriffs and housed in county jails at
massive expense. Why aren't we helping these local taxpayers and local
jailers who are doing their part for Homeland Security instead of
spending money on ACORN neighborhood stabilization activities? $3
billion for prevention and wellness programs utterly unrelated to job
growth. If we were spending some of this money for local jails to house
criminal foreign nationals, they would be hiring more local, more law
enforcement officials in that local jail, that would at least be some
job growth and help make the streets of our communities safer when it
comes to homeland security.
$400 million for climate change research? What's that got to do with
the short-term recovery of the economy of the United States?
Our highest priority today, as we stand here today, at the beginning
of February 2009, is to reassure the American public that we are being
responsible with their tax dollars and doing everything in our power to
strengthen the economy and be sure that people are going to have a
paycheck and a job next month.
Mr. THOMPSON of Mississippi. Madam Speaker, I yield as much time as
he may consume to the chairman of the Management Information Oversight
Subcommittee, Mr. Carney from Pennsylvania.
Mr. CARNEY. Madam Speaker, I rise today in very strong support of
H.R. 553, the Reducing the Over-Classification Act of 2009. It's an
essential part of our national security, and this act is identical to
one that passed the House last year, H.R. 4806.
I was proud to work on that legislation with Ms. Harman and my other
Intelligence Subcommittee colleagues last year, and I am pleased that
we are moving it anew this Congress. Our goal is a simple one, to make
DHS the gold standard when it comes to classification practice.
As someone with many years of intelligence experience as a member of
the U.S. military, I know that intel is useless if it doesn't get to
the people who need it. And I have witnessed personally the missed
opportunities that can arise from over-classification.
That's why H.R. 553 is designed to ensure that as much homeland
security information as possible is shared with the Department's State,
local, tribal and private sector partners, the men and women on the
front lines of the Nation's homeland security efforts.
As the 9/11 Commission and others have noted, it is those officers
who, during their day-to-day police work, are most likely to uncover a
terrorist plot in the making, and those who are best positioned to
disrupt or even prevent it. They are not only our first responders,
they are also our first preventers.
Unfortunately, what we have heard time and again from those officers
is not encouraging. They are not getting important information that can
keep people safe because too much of it is stamped ``Top Secret.''
H.R. 553 will promote accountability and best practices at DHS by
requiring employees and contractors to use the classification regime
the way it was intended: To protect sensitive sources and methods, not
to hide embarrassing facts or protect political turf.
Among other things, H.R. 553 will promote accountability by requiring
that all classified intelligence products created at the Department be
simultaneously created with a standard unclassified format as well if
such a product would help police and sheriffs keep us safe. This will
help change the intelligence culture that is still far too comfortable
with classifying rather than sharing.
H.R. 553, likewise, will promote accountability by requiring the
Secretary to create an auditing mechanism for the DHS Inspector General
that randomly samples classified intelligence products, identifies
problems that exist in those samples, and recommends improvements to
fix them.
To further engage Department staff in their efforts to get
classification right, H.R. 553 requires the Secretary to establish a
process through which employees may challenge original DHS
classification decisions and be rewarded for bringing those abuses to
light.
The legislation further requires the Secretary to establish penalties
for staff who repeatedly fail to comply
[[Page H897]]
with applicable classification policies, despite notice of their
noncompliance and an opportunity to undergo retraining.
Mr. CULBERSON. Will the gentleman from Pennsylvania yield for a brief
question?
Mr. CARNEY. I will not. I will finish my statement at this time.
Mr. CULBERSON. And I can ask at the end of your statement?
Mr. CARNEY. Perhaps. H.R. 553 is a bipartisan fix to a decades-old
problem that will only get worse if we don't act now.
Mr. Speaker, I would like to thank Ms. Harman for her leadership on
this bill. And on behalf of first preventers, first responders
everywhere, I urge passage of this essential legislation.
Mr. CULBERSON. Would the gentleman yield for a brief question?
Mr. CARNEY. Yes.
Mr. CULBERSON. Thank you, Mr. Carney. I wanted to ask if you could
please, sir, I would like to know how spending $50 million for the
National Endowment of the Arts and $3 billion on sexually transmitted
diseases is going to stimulate the economy in Pennsylvania or anywhere
else. How will spending money on the NEA and sexually transmitted
diseases stimulate the economy in Pennsylvania?
Mr. CARNEY. Those provisions are removed from the stimulus package,
if I'm correct.
Mr. CULBERSON. The National Endowment of the Arts funding, the
prevention and wellness programs, $3 billion. How will spending $3
billion on prevention and wellness programs stimulate the economy in
Pennsylvania?
Mr. OLSON. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from North Carolina (Mr. McHenry).
Mr. McHENRY. I thank my colleague from Texas for the opportunity to
speak on this legislation today.
And I think Congress agrees, I think we are going to have a nice
bipartisan vote on this legislation. I want to thank the chairman for
his hard work on this legislation.
But we have a greater issue that we also need to talk about today,
Mr. Speaker. And action is truly needed to rebuild our economy. We know
that. The American people know that. And our elected leaders know that
we have to not only have good policies for homeland security and
national security, but our economic security at home. And
unfortunately, the Democrat majority in their so-called stimulus bill,
which is really nothing more than a spending bill, does nothing of the
sort. It devotes, ``tens of billions of dollars to causes that have
little to do with jolting our economy out of recession,'' as the
Associated Press says.
Only 3 percent of the funds in the so-called stimulus bill, or the
pork barrel bill, are dedicated to road and highway infrastructure
projects. And just 2.7 percent is dedicated to small business tax
relief, even though we know that 90 percent of Americans are employed
by small businesses, and most of the new jobs that this country creates
are created by small businesses. And the Democrats' answer to
stimulating the economy is not by helping small businesses, but by
creating 32 new government programs and spending $646,214 per
government job that is created under that bill.
To make matters worse, the nonpartisan Congressional Budget Office
reported that over half the money will be spent between 2011 and 2019,
after most economists say this economy will have recovered and we will
be out of this recession.
Look, this was nothing more than a partisan opportunity to lard up
and load up this piece of legislation and add a bunch of different
liberal spending priorities. It's not about a stimulus. It's not about
helping the American people through these economic times.
And with so many of my constituents struggling in Western North
Carolina just to keep their head above water, this Congress passed an
$819 billion spending bill that will do nothing but add to our debt and
deficit and cause us massive inflation in the years to come, as well as
mounting debt every day. And I'm in agreement with so many of these
economists who predict that this legislation will have a disastrous
effect on our long term economic security in this country and will do
little to stimulate this economy.
Well, the one thing that is certain is the result of this type of
legislation will be a massive tax increase by this Democrat Congress in
the future. I think this is highly unfortunate.
I think we should come together, as President Obama has said, and
work for a bipartisan piece of legislation that will have tax cuts for
small businesses in this country, as well as proper infrastructure
spending that will help our economy regain its footing, so we can get
back to economic growth and creating new jobs and good jobs for my
constituents in Western North Carolina, as well as all Americans in all
50 States.
And so with that, I urge this congressional leadership to work
together and listen to what President Obama has said.
Mr. THOMPSON of Mississippi. Mr. Speaker, I have no more speakers and
I am prepared to close if the gentleman from Texas is.
Mr. OLSON. Mr. Speaker, I have one more speaker.
Mr. THOMPSON of Mississippi. I reserve.
Mr. OLSON. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Louisiana (Mr. Cassidy).
(Mr. CASSIDY asked and was given permission to revise and extend his
remarks.)
{time} 1615
Mr. CASSIDY. Mr. Speaker, I would classify ``intelligence'' as
important, but when I was back in my district last weekend, what folks
asked me about was the stimulus package. They sense that something is
needed, but they also sense, as, I think, all of us do, that what is
most important are tax cuts and infrastructure development. Yet the
bill that came out last week reminded me a little bit as though my wife
had sent me to Wal-Mart and had said, ``I want you to get some bread
and meat,'' and instead, I come back with a DVD and a grill. Now, DVDs
and grills are great, but someday, you have got to pay the credit card
bill.
Right now, we have to focus on the bread and meat--the jobs and the
infrastructure--not on the DVDs and grills. I keep on thinking: What
would Dave Ramsey say? He is the guy who kind of advises couples on how
to get out of financial difficulty. Dave would say, ``Get a job, and
stop spending on your credit card.'' Now, the parts of this that are
infrastructure and tax cuts are ``get a job,'' but the part of this
that is maxing out the credit card and that is putting $2,700 worth of
debt on my children and grandchildren going henceforth is the part that
Dave would advise against.
I ask that we in Congress follow Dave Ramsey's wisdom--that we focus
on tax cuts and infrastructure and forgo the rest.
Mr. THOMPSON of Mississippi. Mr. Speaker, I am prepared to close. I
do not have any more speakers.
Mr. OLSON. I have no further speakers, and I am prepared to close.
Mr. Speaker, the bill we are discussing today rightfully focuses on
our physical security. But what of our economic security? What of our
future? What of our freedom?
Mr. Speaker, I represent a State that is known for rolling up their
sleeves and for working hard. Texans know that prosperity does not come
from borrowing and spending but, rather, from working hard and from
saving for the future. As I spent this last weekend down in my
district, speaking with my constituents about the need to help the
economy, the overwhelming message I heard was of the concern that, once
again, Washington was out of touch.
My constituents do not want to support a stimulus that creates 30 new
government programs. They want a real stimulus that creates real, new
jobs. They want tax relief for hardworking Americans, and they want
economic relief for businesses, small and large, in order to rebuild
our economy. They find the prospect of saddling their children and
grandchildren with trillions of dollars of debt to be unthinkable.
Make no mistake. The bipartisan coalition that opposed this misguided
measure last week acted simply not to obstruct but, rather, to promote
commonsense measures for economic growth. We voted for tax cuts, for
better jobs, for long-term growth over short-term gimmicks, and for the
post-partisan environment that we saw on
[[Page H898]]
the west front of this very building on January 20.
I yield back the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
Let me first thank Ms. Harman for her leadership on this bill. She
brought it up through her subcommittee on Homeland Security and in the
full committee. Mr. Reichert, who is no longer on the committee, was
ranking member.
As already noted, it passed out of the committee unanimously, and it
was passed here on the floor likewise. So, basically, any hesitation or
reservation on this bill is being noted for the first time, and I would
hope that we do not mix a good bill with other politics of this body.
For that reason, Mr. Speaker, we have new leadership here in
Washington. It is committed to change for our Nation. With this bill,
we have a profound opportunity to deliver a change for the better at
the Department of Homeland Security.
The overclassification of materials impedes information sharing with
State, local and tribal law enforcement. It also impedes information
sharing with the owners and operators of critical infrastructure. Given
that over 85 percent of our Nation's critical infrastructure, including
electrical grids, airports, power plants, and mass transit systems, are
all in the hands of nongovernmental entities, it is critical that DHS
establish robust, stable lines of communication.
Last year, this legislation, as I indicated, was passed unanimously
out of the committee, and was approved by this House by voice vote.
Today, we have the opportunity to send it over to the Senate with
another strong message for change.
Before I yield back, I want to express my profound disappointment
that this bipartisan bill is seen as an opportunity for empty partisan
attacks dealing with the economic stimulus. It is fine to attack the
stimulus, but you need to attack it in its consistent form and not just
attack it in good bills like this--bills that pass bipartisan in our
committee and again by voice vote on the floor.
Mr. Speaker, I yield back the balance of my time and urge passage of
the bill.
The SPEAKER pro tempore (Mr. Larsen of Washington). The question is
on the motion offered by the gentleman from Mississippi (Mr. Thompson)
that the House suspend the rules and pass the bill, H.R. 553.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
[Congressional Record: February 4, 2009 (Extensions)]
[Page E211]
REDUCING OVER-CLASSIFICATION ACT OF 2009
______
speech of
HON. SHEILA JACKSON-LEE
of texas
in the house of representatives
Tuesday, February 3, 2009
Ms. JACKSON-LEE of Texas. Mr. Speaker,
I rise in strong support of H.R. 553, The Reduce Over-Classification
Act of 2009. This measure will allow the expansion of information that
the Department of Homeland Security shares with state and local
governments. The bill also will require ``portion marking'' which
refers to the identification of paragraphs in a document that are
classified, but allows the unclassified portions to be viewed.
The measure requires the department to develop the policies,
procedures and programs to prevent the over-classification of
information relating to weapons of mass destruction, terrorism,
homeland security or other matters within the scope of the information-
sharing environment that must be disseminated in order to prevent and
respond to acts of terrorism.
The practical, day-to-day processes will be done in coordination with
the National Archives and Records Administration but in reality it will
require full-fledged cooperation from the Department of Homeland
Security and the very able staff that make up its workforce.
This legislation requires all finished intelligence products to be
prepared in the standard unclassified format, provided that an
unclassified product would serve to benefit state and local
governments.
Mr. Speaker, I am also pleased to see that the bill directs the
Homeland Security Department, in coordination with the NARA, to require
annual training for employees and contractors with classification
authority who are responsible for analysis, dissemination, preparation,
production, receiving, publishing, or otherwise communicating written
classified information. This training would include information on the
department's policy for preparing all finished intelligence products in
a standard unclassified format, as well as information on the proper
use of classification markings, including portion markings. Training
would also cover the consequences of over-classification and other
improper uses of classification.
Under the bill, the training would serve as a prerequisite, once
completed successfully, for obtaining classification authority and
renewing that authority on an annual basis, and it would count as a
positive factor for employment, evaluation, and promotion.
Mr. Speaker, this legislation also requires that DHS create standard
and unclassified formats for the department's finished intelligence
products. This bill is designed to ensure citizen and government access
to unclassified information but I believe it strikes the right balance
between calculated information flow and the protection of national
security.
I am pleased Mr. Speaker that Section 210 of this bill allows
employees to challenge classification decisions made by department
employees or contractors and be rewarded if the classification markings
are removed or downgraded.
And my colleagues and I are well aware that no piece of legislation
is completed without measures designed to ensure compliance, and that's
why it is critical to the ultimate success of this bill that a series
of penal provisions were included to reinforce the legislation.
H.R. 553 is about preventing over-classification. My hope is that the
legislation will serve as a proper deterrent and move us away from the
hoarding of non-classified information that characterized the previous
administration.
Open and accessible government is a hallmark of democracy. Citizens
shouldn't live in fear of their government. It is OUR government.
I strongly urge my colleagues to support this measure.
____________________
