[Congressional Record (Bound Edition), Volume 155 (2009), Part 2]
[House]
[Pages 2474-2479]
[From the U.S. Government Publishing Office, www.gpo.gov]




                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;

[[Page 2475]]

       ``(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, 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,

[[Page 2476]]

     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 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

[[Page 2477]]

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, DC 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.
  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 strengthen our 
southern border, to help 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,

[[Page 2478]]

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 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).

                              {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

[[Page 2479]]

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 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.
  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.
  Mr. THOMPSON of Mississippi. 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.

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