[Congressional Record Volume 155, Number 22 (Wednesday, February 4, 2009)]
[Extensions of Remarks]
[Page E211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                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.

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