[Congressional Record Volume 153, Number 195 (Wednesday, December 19, 2007)]
[Extensions of Remarks]
[Page E2611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF THE ``REDUCING OVER-CLASSIFICATION ACT OF 2007''

                                 ______
                                 

                            HON. JANE HARMAN

                             of california

                    in the house of representatives

                       Tuesday, December 18, 2007

  Ms. HARMAN. Madam Speaker, today all Democratic members of the 
Homeland Security Subcommittee on Intelligence, Information Sharing & 
Terrorism Risk Assessment are introducing legislation that will put the 
Department of Homeland Security on the path to better information 
sharing by turning back the tide of over-classification that imperils 
our ability to make America safer from terrorism.
  The ``Reducing Over-Classification Act of 2007'' (ROC Act) gives 
Congress the tools to curtail the federal government's widespread and 
mushrooming practice of classifying practically everything that moves.
  Almost three and a half years ago, the 9/11 Commission made clear the 
urgent need to eliminate the over-classification of intelligence 
information by the Federal Government.
  The Commissioners found that over-classification interferes with the 
sharing of critical information between the Federal Government and its 
State, local, and tribal partners on the front lines of our nation's 
homeland security efforts.
  Sadly, the numbers tell us that we're still not heeding the 9/11 
Commission's warning.
  According to the Information Security Oversight Office at the 
National Archives, the number of new classification actions jumped from 
eight million in 2001 to 14 million in 2005. During the same period, 
the quantity of declassified pages dropped from 100 million in 2001 to 
29 million in 2005.
  To make matters worse, we learned this past year that some agencies 
were withdrawing archived records from public access and reclassifying 
them.
  Together with the exponential growth in the amount of material that 
is classified, we've seen the level of spending on classification go up 
considerably.
  In 2001, $4.5 billion was spent on classification but by 2004, we 
were spending $7.1 billion.
  In addition, there has been a troubling proliferation of new policies 
and labels to limit the distribution of sensitive but unclassified 
information across the Federal Government.
  At the Federal level alone, there are over 28 distinct policies for 
the protection of this ``SBU'' information.
  Unlike with classified records, there is no monitoring of or 
reporting on the use of SBU information markings or its consequences.
  The proliferation of these SBU ``pseudo-classifications'' interferes 
with interagency information sharing--increasing the cost of 
information security and limiting public access.
  It's also an obstacle to sharing information with our first 
preventers and first responders in the field--precisely what the 9/11 
Commission warned against.
  During this session, Homeland Security's Subcommittee on Intelligence 
that I chair has held numerous hearings and received invaluable input 
from subject matter experts on what first steps to take to address the 
twin problems of over- and pseudo-classification.
  The bill we're introducing today reflects that input.
  The goal is simple: make the Department of Homeland Security the 
``gold standard'' when it comes to preventing over-classification and 
to limiting the use of sensitive but unclassified markings.
  The only way to ensure that the Department gets it right going 
forward is to promote an enforceable and understandable strategy that 
applies to everyone.
  DHS is an excellent place to start and--if it gets a handle on its 
own burgeoning over- and pseudo-classification addiction--can become a 
``best practices'' center and the test bed for the rest of the Federal 
Government.
  Accordingly, our bill will require the Secretary of Homeland Security 
to develop a strategy that will: allow the classification of documents 
only after unclassified, shareable versions of intelligence have been 
produced; develop a new ``sensitive and shared'' information program 
that will provide protections for certain sensitive and unclassified 
information for limited periods of time under narrowly tailored 
circumstances; propose new incentives and disincentives to encourage 
Department personnel to classify documents properly and to use 
``sensitive and shared'' markings sparingly; create training programs 
and auditing mechanisms for all Department employees in order to ensure 
that the Strategy is being implemented properly; establish an 
independent Department declassification review board to expedite the 
declassification of documents when the need for public access outweighs 
the need to classify; and propose legislative solutions to ensure that 
the Strategy is implemented in a way that not only promotes security 
but also fosters both information sharing and the protection of privacy 
and other civil rights.
  Our Subcommittee plans to move this legislation early next year and 
hopes our colleagues in the House will join us in the effort to ensure 
that the Federal Government gets accurate and actionable information to 
those who need it in a timely fashion.

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