Harman Introduces Bill to Reduce Federal Government Over-Classification of Intelligence Information

Press Release

This morning, together with 13 of her Democratic committee colleagues, Representative Jane Harman (D-Venice), Chair of the Homeland Security Subcommittee on Intelligence, Information Sharing & Terrorism Risk Assessment, introduced "The Reducing Over-Classification Act of 2007" - legislation designed to curtail sharply the federal government's widespread and mushrooming practice of classifying, in Harman's words, "practically everything that moves."

Almost three and a half years ago, the 9/11 Commission made clear the urgent need to eliminate the over-classification of intelligence information by the Federal Government. The Commissioners found that pseudo- and over-classification interferes with the sharing of critical intelligence information between the Federal Government and its State, local and tribal partners on the front lines of America's homeland security efforts.

"Unfortunately, the amount of material that is classified is growing exponentially," said Harman, "making it harder and harder for our first responders to do their jobs."

According to the Information Security Oversight Office at the National Archives, the number of new classification actions almost doubled from eight million in 2001 to 14 million in 2005. During the same period, the quantity of declassified pages dropped from 100 million in 2001 to 29 million in 2005. Some agencies were even found to be withdrawing archived records from public access and reclassifying them.

Added Harman: "Starting with the Homeland Security Department, this much-needed bill will help the federal government get a handle on its destructive addiction to the over- and pseudo-classification of intelligence information."

The Reducing Over-Classification Act of 2007 (ROC Act) - carefully crafted legislation based on an exhaustive hearing record - focuses on the Homeland Security Department and would require the Secretary to implement a "best practices" strategy to:

• allow the classification of documents only after unclassified, shareable versions of intelligence have been produced;
• develop a new "sensitive and shared" information program that will provide protections for certain sensitive and unclassified information for limited periods of time under narrowly tailored circumstances;
• propose new incentives and disincentives to encourage Department personnel to classify documents properly and to use "sensitive and shared" markings sparingly;
• create training programs and auditing mechanisms for all Department employees in order to ensure that the Strategy is being implemented properly;
• establish an independent Department declassification review board to expedite the declassification of documents when the need for public access outweighs the need to classify; and
• propose legislative solutions to ensure that the Strategy is implemented in a way that not only promotes security but also fosters both information sharing and the protection of privacy and other civil rights.

"The federal government's obsession with secrecy and its failure to provide local ‘first preventers' with accurate, actionable and timely information prevent them from becoming full partners in keeping our communities safe," Harman said.

Subcommittee cosponsors are: Reps. Norm Dicks (D-WA), James Langevin (D-RI), Christopher Carney (D-PA) and Ed Perlmutter (D-CO). Full Committee cosponsors include Reps. Loretta Sanchez (D-CA), Ed Markey (D-MA), Nita Lowey (D-NY), Eleanor Holmes Norton (D-DC), Zoe Lofgren (D-CA), Sheila Jackson-Lee (D-TX), Donna Christensen (D-VI), Bob Etheridge (D-NC) and Yvette Clarke (D-NY).

Rep. Harman's full statement accompanying introduction of the bill can be found at www.house.gov/harman

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