Reducing Over-Classification Act of 2008

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4806 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 4806

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 18, 2007

  Ms. Harman (for herself, Mrs. Lowey, Mr. Langevin, Mr. Markey, Mrs.
Christensen, Mr. Perlmutter, Ms. Loretta Sanchez of California, Ms. Zoe
 Lofgren of California, Ms. Norton, Mr. Dicks, Mr. Carney, Ms. Clarke,
 Ms. Jackson-Lee of Texas, and Mr. Etheridge) introduced the following
     bill; which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL

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.

    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
2007''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY STRATEGY ON OVER-
              CLASSIFICATION.

    (a) In General.--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. DEPARTMENT OF HOMELAND SECURITY STRATEGY ON OVER-
              CLASSIFICATION.

    ``(a) In General.--The Secretary of Homeland Security or the
Secretary's designee shall develop and implement a Department-wide
strategy to prevent the over-classification of 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), including homeland security information, terrorism
information, and weapons of mass destruction information, that includes
a sensitive and shared information program for the creation and sharing
of unclassified information of a sensitive nature.
    ``(b) Strategy.--The strategy developed under subsection (a)
shall--
            ``(1) foster sharing of homeland security information,
        terrorism information, and weapons of mass destruction
        information at the Department;
            ``(2) require that--
                    ``(A) all intelligence documents and other
                information created by the Department be initially
                prepared in unclassified form before any version of
                those documents is created that is in classified form;
                    ``(B) if there is significant doubt about the need
                to classify information, the information not be
                classified;
                    ``(C) if there is significant doubt about the
                appropriate level of classification of information, the
                information be classified at the lower level;
                    ``(D) documents only be classified for the limited
                purpose of protecting sensitive intelligence sources or
                methods; and
                    ``(E) classified intelligence documents and other
                information be declassified as soon as they no longer
                meet the criteria for classification;
            ``(3) include a sensitive and shared information program
        that--
                    ``(A) ensures that sensitive and unclassified
                information can be shared across the Department and
                with State, local, and tribal governments and the
                private sector as needed;
                    ``(B) ensures that the Department can protect
                sensitive information and the information privacy
                rights and other legal rights of United States persons;
                    ``(C) ensures that there are a minimal number of
                categories and corresponding markings and that such
                markings are--
                            ``(i) defined by the Secretary for use in
                        all Department components;
                            ``(ii) designed to allow wide information
                        sharing to appropriate audiences as defined by
                        the Secretary;
                            ``(iii) used only upon an affirmative
                        showing, applying standards clearly defined and
                        explained by the Secretary, that the security
                        need for a marking outweighs the public
                        interest in disclosure; and
                            ``(iv) of limited duration not to exceed 90
                        days unless an affirmative showing as described
                        in subparagraph (iii) is made that an
                        extension, of similar limited duration, is
                        warranted;
                    ``(D) includes processes by which--
                            ``(i) Department personnel, personnel of
                        other Departments and agencies of the Federal
                        Government, or the public may challenge the
                        appropriateness of a marking on a document and
                        seek the removal of the marking; and
                            ``(ii) documents with expired markings that
                        have not been extended are systematically
                        generated in an unclassified format without the
                        marking; and
                    ``(E) supercedes any existing policies and
                procedures relating to the creation, control, and
                sharing of unclassified information of a sensitive
                nature;
            ``(4) include a system of financial and other incentives
        and disincentives to encourage Department personnel to use
        classified and sensitive and shared information program
        markings properly, including incentives and disincentives that
        impact the career advancement potential and bonus eligibility
        of an employee;
            ``(5) include a training program for each Department
        employee and contractor who analyzes, disseminates, prepares,
        produces, receives, publishes, or otherwise communicates
        information within the scope of the information sharing
        environment that educates personnel about--
                    ``(A) the Department's format for intelligence and
                other information products, including the requirements
                under paragraph (2);
                    ``(B) the proper use of classification markings,
                including portion markings, and sensitive and shared
                information program markings;
                    ``(C) the consequences of improperly using
                classification markings and of failing to use the
                Department's format for intelligence and other
                information products, including the negative
                consequences for homeland security, information
                sharing, and the overall success of the Department's
                missions;
                    ``(D) the incentives and disincentives referred to
                in paragraph (4); and
                    ``(E) procedures for making classification
                challenges and requests for declassification;
            ``(6) include policies and procedures designed to encourage
        Departments and agencies that provide intelligence and other
        information to the Department to provide such intelligence or
        other information--
                    ``(A) in an unclassified form that meets the
                Department's intelligence and information requirements
                while indicating the level of confidence that the
                Department or agency sharing the information has in the
                unclassified product;
                    ``(B) if necessary, in a form with unclassified
                information contained at the beginning of the document
                and the classified portion of the document at the end
                of the document; and
                    ``(C) if necessary, with a sensitive and shared
                information marking that complies with the program
                referred to in paragraph (3);
            ``(7) include an ongoing auditing mechanism administered by
        a designee of the Secretary or the Secretary's designee
        referred to in subsection (a) that randomly selects classified
        and sensitive and shared information program materials from all
        relevant components of the Department to--
                    ``(A) assess whether applicable classification and
                sensitive and shared information program policies,
                procedures, rules, and regulations have been followed;
                    ``(B) describe for managers and other supervisory
                personnel any problem trends with over-classification
                and abuse of sensitive and shared information program
                markings and recommend improvements in awareness and
                training to address such trends; and
                    ``(C) identify individual employees who require re-
                training, notify such employees and the managers and
                other supervisors of such employees of the need for
                such re-training, and record subsequent re-training by
                such employees in the personnel file of such employees;
            ``(8) include the creation of an independent Department
        classification review board to--
                    ``(A) ensure that intelligence and other
                information is declassified as soon as it no longer
                meets classification criteria;
                    ``(B) facilitate and review requests for
                declassification and classification challenges;
                    ``(C) review Department policies, procedures, and
                practices that foster the goals of the strategy; and
                    ``(D) make recommendations for improvements to such
                policies, procedures, and practices;
            ``(9) include an assessment of 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 with classification
        authority or authority to use sensitive and shared information
        program markings--
                    ``(A) to track which, when, and how many documents
                have been classified or marked as sensitive and shared
                information by a particular employee;
                    ``(B) to determine with whom and how often any such
                documents have been shared;
                    ``(C) to address any over-classification problems
                or abuse of the sensitive and shared information
                program;
                    ``(D) to assess the information sharing impact of
                any such problems or abuse; and
                    ``(E) including a cost estimate for implementing
                any such technologies on a Department-wide basis and an
                implementation plan for adopting such technologies; and
            ``(10) apply to all personnel and contractors of the
        Department.
    ``(c) Initial Report; Implementation.--Not later than 90 days after
the date of the enactment of this section, the Secretary shall--
            ``(1) submit to Congress a report that includes--
                    ``(A) the strategy developed under subsection (a);
                    ``(B) an indication of which parts of the strategy
                can be accomplished without the enactment of
                legislation and which cannot; and
                    ``(C) recommendations for the enactment of
                legislation to accomplish the parts of the strategy
                that the Secretary indicates require the enactment of
                legislation; and
            ``(2) begin implementation of the parts of the strategy
        that the Secretary indicates in accordance with paragraph (1)
        can be accomplished without the enactment of legislation.
    ``(d) Subsequent Reports.--The Secretary shall annually submit to
Congress an update on the implementation of the strategy developed
under subsection (a) with the President's budget submission for each
fiscal year pursuant to section 1105 of title 31, United States Code.
    ``(e) Annual Audit by Inspector General.--
            ``(1) In general.--The Inspector General of the Department
        shall conduct an annual audit of the strategy developed and
        implemented under subsection (a) to--
                    ``(A) determine whether policies, procedures,
                rules, and regulations pertaining to classified and
                sensitive and shared information have been followed;
                and
                    ``(B) track the progress of the Department in
                implementing the strategy over time on a component by
                component basis.
            ``(2) Report.--Not later than 60 days after the completion
        of an audit under paragraph (1), the Inspector General of the
        Department shall submit to Congress a report on the audit and
        recommendations for improvement of the strategy and the
        implementation of the strategy.
    ``(f) Definitions.--In this section:
            ``(1) Information sharing environment.--The term
        `information sharing environment' means the information sharing
        environment established pursuant to section 1016(b) of the
        Intelligence Reform and Terrorism Prevention Act of 2004 (6
        U.S.C. 485(b)).
            ``(2) Sensitive and shared information.--The term
        `sensitive and shared information' means unclassified
        information that does not meet the standards for classification
        under Executive Order 12958 (or any succeeding executive order)
        but is pertinent to the national interests of the United States
        or to the important interests of entities outside the Federal
        Government and requires protection from unauthorized
        disclosure, special handling safeguards, or prescribed limits
        on exchange or dissemination.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of
such Act (6 U.S.C. 101(b)) is amended by inserting after the item
relating to section 210E the following new item:

``Sec. 210F. Department of Homeland Security strategy on over-
                            classification.''.
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