[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4806 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4806

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 18, 2007

  Ms. Harman (for herself, Mrs. Lowey, Mr. Langevin, Mr. Markey, Mrs. 
Christensen, Mr. Perlmutter, Ms. Loretta Sanchez of California, Ms. Zoe 
 Lofgren of California, Ms. Norton, Mr. Dicks, Mr. Carney, Ms. Clarke, 
 Ms. Jackson-Lee of Texas, and Mr. Etheridge) introduced the following 
     bill; which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
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.

    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 
2007''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY STRATEGY ON OVER-
              CLASSIFICATION.

    (a) In General.--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. DEPARTMENT OF HOMELAND SECURITY STRATEGY ON OVER-
              CLASSIFICATION.

    ``(a) In General.--The Secretary of Homeland Security or the 
Secretary's designee shall develop and implement a Department-wide 
strategy to prevent the over-classification of 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 homeland security information, terrorism 
information, and weapons of mass destruction information, that includes 
a sensitive and shared information program for the creation and sharing 
of unclassified information of a sensitive nature.
    ``(b) Strategy.--The strategy developed under subsection (a) 
shall--
            ``(1) foster sharing of homeland security information, 
        terrorism information, and weapons of mass destruction 
        information at the Department;
            ``(2) require that--
                    ``(A) all intelligence documents and other 
                information created by the Department be initially 
                prepared in unclassified form before any version of 
                those documents is created that is in classified form;
                    ``(B) if there is significant doubt about the need 
                to classify information, the information not be 
                classified;
                    ``(C) if there is significant doubt about the 
                appropriate level of classification of information, the 
                information be classified at the lower level;
                    ``(D) documents only be classified for the limited 
                purpose of protecting sensitive intelligence sources or 
                methods; and
                    ``(E) classified intelligence documents and other 
                information be declassified as soon as they no longer 
                meet the criteria for classification;
            ``(3) include a sensitive and shared information program 
        that--
                    ``(A) ensures that sensitive and unclassified 
                information can be shared across the Department and 
                with State, local, and tribal governments and the 
                private sector as needed;
                    ``(B) ensures that the Department can protect 
                sensitive information and the information privacy 
                rights and other legal rights of United States persons;
                    ``(C) ensures that there are a minimal number of 
                categories and corresponding markings and that such 
                markings are--
                            ``(i) defined by the Secretary for use in 
                        all Department components;
                            ``(ii) designed to allow wide information 
                        sharing to appropriate audiences as defined by 
                        the Secretary;
                            ``(iii) used only upon an affirmative 
                        showing, applying standards clearly defined and 
                        explained by the Secretary, that the security 
                        need for a marking outweighs the public 
                        interest in disclosure; and
                            ``(iv) of limited duration not to exceed 90 
                        days unless an affirmative showing as described 
                        in subparagraph (iii) is made that an 
                        extension, of similar limited duration, is 
                        warranted;
                    ``(D) includes processes by which--
                            ``(i) Department personnel, personnel of 
                        other Departments and agencies of the Federal 
                        Government, or the public may challenge the 
                        appropriateness of a marking on a document and 
                        seek the removal of the marking; and
                            ``(ii) documents with expired markings that 
                        have not been extended are systematically 
                        generated in an unclassified format without the 
                        marking; and
                    ``(E) supercedes any existing policies and 
                procedures relating to the creation, control, and 
                sharing of unclassified information of a sensitive 
                nature;
            ``(4) include a system of financial and other incentives 
        and disincentives to encourage Department personnel to use 
        classified and sensitive and shared information program 
        markings properly, including incentives and disincentives that 
        impact the career advancement potential and bonus eligibility 
        of an employee;
            ``(5) include a training program for each Department 
        employee and contractor who analyzes, disseminates, prepares, 
        produces, receives, publishes, or otherwise communicates 
        information within the scope of the information sharing 
        environment that educates personnel about--
                    ``(A) the Department's format for intelligence and 
                other information products, including the requirements 
                under paragraph (2);
                    ``(B) the proper use of classification markings, 
                including portion markings, and sensitive and shared 
                information program markings;
                    ``(C) the consequences of improperly using 
                classification markings and of failing to use the 
                Department's format for intelligence and other 
                information products, including the negative 
                consequences for homeland security, information 
                sharing, and the overall success of the Department's 
                missions;
                    ``(D) the incentives and disincentives referred to 
                in paragraph (4); and
                    ``(E) procedures for making classification 
                challenges and requests for declassification;
            ``(6) include policies and procedures designed to encourage 
        Departments and agencies that provide intelligence and other 
        information to the Department to provide such intelligence or 
        other information--
                    ``(A) in an unclassified form that meets the 
                Department's intelligence and information requirements 
                while indicating the level of confidence that the 
                Department or agency sharing the information has in the 
                unclassified product;
                    ``(B) if necessary, in a form with unclassified 
                information contained at the beginning of the document 
                and the classified portion of the document at the end 
                of the document; and
                    ``(C) if necessary, with a sensitive and shared 
                information marking that complies with the program 
                referred to in paragraph (3);
            ``(7) include an ongoing auditing mechanism administered by 
        a designee of the Secretary or the Secretary's designee 
        referred to in subsection (a) that randomly selects classified 
        and sensitive and shared information program materials from all 
        relevant components of the Department to--
                    ``(A) assess whether applicable classification and 
                sensitive and shared information program policies, 
                procedures, rules, and regulations have been followed;
                    ``(B) describe for managers and other supervisory 
                personnel any problem trends with over-classification 
                and abuse of sensitive and shared information program 
                markings and recommend improvements in awareness and 
                training to address such trends; and
                    ``(C) identify individual employees who require re-
                training, notify such employees and the managers and 
                other supervisors of such employees of the need for 
                such re-training, and record subsequent re-training by 
                such employees in the personnel file of such employees;
            ``(8) include the creation of an independent Department 
        classification review board to--
                    ``(A) ensure that intelligence and other 
                information is declassified as soon as it no longer 
                meets classification criteria;
                    ``(B) facilitate and review requests for 
                declassification and classification challenges;
                    ``(C) review Department policies, procedures, and 
                practices that foster the goals of the strategy; and
                    ``(D) make recommendations for improvements to such 
                policies, procedures, and practices;
            ``(9) include an assessment of 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 with classification 
        authority or authority to use sensitive and shared information 
        program markings--
                    ``(A) to track which, when, and how many documents 
                have been classified or marked as sensitive and shared 
                information by a particular employee;
                    ``(B) to determine with whom and how often any such 
                documents have been shared;
                    ``(C) to address any over-classification problems 
                or abuse of the sensitive and shared information 
                program;
                    ``(D) to assess the information sharing impact of 
                any such problems or abuse; and
                    ``(E) including a cost estimate for implementing 
                any such technologies on a Department-wide basis and an 
                implementation plan for adopting such technologies; and
            ``(10) apply to all personnel and contractors of the 
        Department.
    ``(c) Initial Report; Implementation.--Not later than 90 days after 
the date of the enactment of this section, the Secretary shall--
            ``(1) submit to Congress a report that includes--
                    ``(A) the strategy developed under subsection (a);
                    ``(B) an indication of which parts of the strategy 
                can be accomplished without the enactment of 
                legislation and which cannot; and
                    ``(C) recommendations for the enactment of 
                legislation to accomplish the parts of the strategy 
                that the Secretary indicates require the enactment of 
                legislation; and
            ``(2) begin implementation of the parts of the strategy 
        that the Secretary indicates in accordance with paragraph (1) 
        can be accomplished without the enactment of legislation.
    ``(d) Subsequent Reports.--The Secretary shall annually submit to 
Congress an update on the implementation of the strategy developed 
under subsection (a) with the President's budget submission for each 
fiscal year pursuant to section 1105 of title 31, United States Code.
    ``(e) Annual Audit by Inspector General.--
            ``(1) In general.--The Inspector General of the Department 
        shall conduct an annual audit of the strategy developed and 
        implemented under subsection (a) to--
                    ``(A) determine whether policies, procedures, 
                rules, and regulations pertaining to classified and 
                sensitive and shared information have been followed; 
                and
                    ``(B) track the progress of the Department in 
                implementing the strategy over time on a component by 
                component basis.
            ``(2) Report.--Not later than 60 days after the completion 
        of an audit under paragraph (1), the Inspector General of the 
        Department shall submit to Congress a report on the audit and 
        recommendations for improvement of the strategy and the 
        implementation of the strategy.
    ``(f) Definitions.--In this section:
            ``(1) Information sharing environment.--The term 
        `information sharing environment' means the information sharing 
        environment established pursuant to section 1016(b) of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 
        U.S.C. 485(b)).
            ``(2) Sensitive and shared information.--The term 
        `sensitive and shared information' means unclassified 
        information that does not meet the standards for classification 
        under Executive Order 12958 (or any succeeding executive order) 
        but is pertinent to the national interests of the United States 
        or to the important interests of entities outside the Federal 
        Government and requires protection from unauthorized 
        disclosure, special handling safeguards, or prescribed limits 
        on exchange or dissemination.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
such Act (6 U.S.C. 101(b)) is amended by inserting after the item 
relating to section 210E the following new item:

``Sec. 210F. Department of Homeland Security strategy on over-
                            classification.''.
                                 <all>