[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[House]
[Pages 16802-16805]
[From the U.S. Government Publishing Office, www.gpo.gov]




            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 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

[[Page 16803]]

     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;
       ``(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

[[Page 16804]]

     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.
  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

[[Page 16805]]

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.

                          ____________________