[House Report 110-809]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-809
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OVER-CLASSIFICATION REDUCTION ACT
_______
July 30, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 6575]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 6575) to require the Archivist of
the United States to promulgate regulations to prevent the
over-classification of information, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Legislative History.............................................. 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 4
Committee Consideration.......................................... 4
Rollcall Votes................................................... 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 5
Constitutional Authority Statement............................... 5
Federal Advisory Committee Act................................... 5
Unfunded Mandates Statement...................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill, as Reported............ 7
PURPOSE AND SUMMARY
H.R. 6575, the Over-Classification Reduction Act, was
introduced by Reps. Henry A. Waxman and Tom Davis on July 23,
2008. The purpose of H.R. 6575 is to apply standards and
practices to reduce improper classification and encourage
information sharing.
H.R. 6575 requires the Archivist, in coordination with
affected federal agencies, to promulgate regulations to prevent
the over-classification of information. The bill also requires
agency inspectors general to randomly audit classified
information to ensure that these regulations, and other
classification policies, are being followed.
BACKGROUND AND NEED FOR LEGISLATION
The National Commission on Terrorist Attacks upon the
United States, popularly known as the 9/11 Commission,
recommended limiting the unnecessary classification of
documents and providing incentives for information sharing.\1\
Seven years has passed since those horrific events and our
government still is not sharing important information. This is
in part due to over-classification.
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\1\National Commission on Terrorist Attacks upon the United States,
The 9/11 Commission Report: Final Report of the National Commission on
Terrorist Attacks upon the United States (July 22, 2004).
---------------------------------------------------------------------------
The Committee understands there is some information that
must be protected because it could easily threaten our national
security. Having a system to classify information is necessary.
However, there is a tendency to overprotect information, and
that has adverse consequences as well. Over-classification
actually hurts our efforts to fight terrorism because it
prevents agencies from sharing important information with
relevant stakeholders including state and local law enforcement
and even other federal agencies. In addition, it undermines
public access to this important information.
In December 2004, Congress, in the Intelligence Reform and
Terrorism Prevention Act, P.L. 108-458, called for reducing
disincentives for information sharing including over-
classification. Since that time, over-classification continues
to be a problem in the federal government.
H.R. 6575 calls on the Archivist to resolve the problem of
over-classification by standardizing the use of classifications
and by establishing methods to increase oversight of the
classification process. These include requiring random
inspector general audits of classified information;
establishing a process for those challenging classification
decisions to be rewarded; requiring individuals to include
personal identifiers when classifying information; and
increased training.
LEGISLATIVE HISTORY
During the 108th Congress, the Subcommittee on National
Security, Emerging Threats, and International Relations held
the hearing, Too Many Secrets: Overclassification as a Barrier
to Critical Information Sharing (Aug. 24, 2004).
During the 109th Congress, the Subcommittee on National
Security, Emerging Threats, and International Relations held
two hearings on this issue: Drowning in a Sea of Faux Secrets:
Policies on Handling of Classified and Sensitive Information
(Mar. 14, 2006) and Emerging Threats: Overclassification and
Pseudo-classification (Mar. 2, 2005).
H.R. 6575, the Over-Classification Reduction Act, was
introduced by Reps. Henry A. Waxman and Tom Davis on July 23,
2008, and referred to the Committee on Oversight and Government
Reform.
On July 23, 2008, the Committee on Oversight and Government
Reform held a business meeting to consider H.R. 6575 and
ordered the bill to be favorably reported by a voice vote.
SECTION-BY-SECTION
Section 1. Short title
This section provides that the short title of the bill is
the ``Over-Classification Reduction Act.''
Section 2. Purpose
This section provides that the purpose of the Act is to
increase the sharing and availability of information within the
government and with the public by applying standards and
practices to reduce improper classification.
Section 3. Over-classification prevention within the Federal Government
Subsection (a) requires the Archivist, in coordination with
the heads of other affected agencies, to promulgate regulations
to prevent the over-classification of information. These
regulations should apply both to those individuals who have
original classification authority and to any individual who has
derivative classification authority.
This subsection calls on the Archivist to determine when
classified products should be prepared in a standard format and
when classified products should be prepared in an unclassified
format. In addition, the regulations will ensure that
compliance protects national security and privacy rights and
will establish a process for individuals that challenge
classification decisions to receive incentives for successful
challenges.
This subsection requires the Archivist, as appropriate, to
consult with various stakeholders including state and local
governments, law enforcement entities, organizations with
expertise in civil rights, labor rights, civil liberties, and
government oversight, and the private sector.
Subsection (b) requires the inspector general of each
federal agency, in consultation with the Archivist, to randomly
audit classified information from each component of the agency
that has employees with classification authority. This section
requires the inspector general, in conducting these audits, to
determine whether the agency is properly following relevant
classification policies and regulations, to describe any
problems with implementation, and to recommend improvements in
awareness and training to address those problems. The inspector
general must report to Congress, the Archivist, and the public
on the findings of these audits.
Section 4. Enforcement of over-classification prevention within the
Federal Government
Subsection (a) requires that at the time an individual
classifies information, that individual provide unique
identifying information including the name or personal
identifier and the agency, office, and position of the
individual. The purpose of this requirement is to permit the
agency to perform oversight of over-classification.
Subsection (b) requires the Archivist, in coordination with
the heads of other affected federal agencies, to require, in
existing annual training, information on the prevention of
over-classification of information, the proper use of
classification markings, and the use of portion markings. This
subsection clarifies that this training is to be conducted in
conjunction with other training programs required by the agency
to reduce the burden of this new requirement.
Subsection (c) requires the Archivist to establish a
program to detail federal agency personnel to the National
Archives and Records Administration (NARA) on a nonreimbursable
basis. The purpose of this program is to help NARA conduct its
oversight responsibilities, to provide the detailed personnel
with more extensive training on the use of classification
markings, and to ensure consistent policies across agencies.
This subsection provides that the detailee program will
continue through the year 2012.
Section 5. Definitions
This section defines ``information'' as any communicable
knowledge or documentary material, regardless of its physical
form or characteristics, which is owned by, is produced by or
for, or is under the control of the federal government.
This section defines the term ``federal agency'' to mean:
(1) Any executive agency, which means an executive department,
a government corporation, and an independent establishment; (2)
any military department, which means the Department of the
Army, the Department of the Navy, or the Department of the Air
Force; and (3) any other entity within the executive branch
that comes into the possession of classified information.
EXPLANATION OF AMENDMENTS
No amendments were offered to this legislation.
COMMITTEE CONSIDERATION
On Wednesday, July 23, 2008, the Committee ordered H.R.
6575 to be favorably reported to the House by a voice vote.
ROLLCALL VOTES
No rollcall votes were held.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)(3) of P.L. 104-1 requires a description of
the application of this bill to the legislative branch where
the bill relates to terms and conditions of employment or
access to public services and accommodations. H.R. 6575 relates
to the over-classification of documents by the executive branch
and therefore does not apply to the legislative branch.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report, including
the need to limit the unnecessary classification of documents.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report, including reducing improper classification and
encouraging information sharing.
CONSTITUTIONAL AUTHORITY STATEMENT
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 6575. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
FEDERAL ADVISORY COMMITTEE ACT
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
UNFUNDED MANDATES STATEMENT
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
EARMARK IDENTIFICATION
H.R. 6575 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
COMMITTEE ESTIMATE
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 6575. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 6575 from the Director of
the Congressional Budget Office:
July 29, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6575, the Over-
Classification Reduction Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 6575--Over-Classification Reduction Act
H.R. 6575 would amend federal law concerning the security
classification of government documents. The legislation would
require the National Archives and Records Administration
(NARA), in consultation with the Director of National
Intelligence and other affected federal agencies to develop
regulations that prevent the overuse of classification
procedures to withhold information collected or prepared by the
federal government. The legislation would require agencies to
consider whether classified information could benefit state,
local, or tribal governments, as well as law enforcement
activities or the public. The bill also would require annual
training for employees and contractors on how to classify
information, and audits by inspectors general to determine
whether information has been properly classified.
CBO estimates that implementing H.R. 6575 would cost $2
million in 2009 and $22 million over the 2009-2013 period,
assuming the availability of appropriated funds. Those costs
would be incurred to implement new regulations and requirements
and to conduct training and audits. Although the legislation
could affect agencies not funded through annual appropriations
(such as the Tennessee Valley Authority or the U.S. Postal
Service), CBO estimates that any net increase in spending by
those agencies would not be significant.
Most of the legislation would expand on current law and
practices of the federal government. Information from NARA and
the Departments of Homeland Security and Defense indicates that
most agencies comply with existing NARA regulations regarding
the classification of federal information and already provide
annual training to employees on classification procedures.
However, NARA and agencies would incur additional costs under
the bill to implement new regulations, perform audits, and
provide additional training.
H.R. 6575 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
No changes to existing law are made by H.R. 6575, as
reported.