Reducing Information Control Designations Act

I thank the gentleman for yielding to me.

Representative Tom Davis and I introduced H.R. 6576, the Reducing Information Control Designations Act to address the growing number of information controlled designations used by the Federal Government. The Committee on Oversight and Government Reform has held numerous hearings on this issue. Committee investigations have found that there has been a proliferation of pseudo-classification designation such as ``sensitive but unclassified'' or ``for official use only.'' These often vague and undefined markings can be used to prevent or delay information sharing with interested stakeholders or public release of information.

The National Archives and Records Administration reports that currently there are more than 100 information controlled designations applied across the Federal Government. New categories of information controlled designations are being created by the agencies, yet these designations lack a statutory basis, and there is no Federal entity monitoring their use.

This bill addresses all types of information use across the government. Its goal is to promote open government by reducing the number and use of restrictive designations used on government information.

Specifically, this bill calls on the archivists to promulgate regulations to reduce and minimize the use of information controlled designations and to maximize public access to information. The bill allows individuals to challenge designations, requires that agencies' inspectors general conduct random audits to determine whether information controls are being used properly, and requires personal identifiers to be placed on information with an information designation control so agencies identify the individual who made the designation.

This bill also clarifies that agencies may not use information controlled designations in considering whether to release information under the Freedom of Information Act.

Mr. Speaker, I want to thank Ranking Member Davis for working with us to improve this bill and to move it quickly to the House floor. The legislation before us includes changes that have been made since the bill passed out of full committee. These changes were made to address concerns raised by the administration and several interested Members of the Congress.

These changes include ensuring that the Archivist's training responds to lessons learned about improper application of control designations and deleting language requiring the regulations to address the duration of a control designation.

Secret government is rarely good government. This bill is an important step in restoring openness to the executive branch.

Mr. Speaker, Representative Tom Davis and I introduced H.R. 6576, the Reducing Information Control Designations Act, to address the growing number of information control designations used by the Federal Government.

The Committee on Oversight and Government Reform has held numerous hearings on this issue. Committee investigations have found that there has been a proliferation of pseudoclassification designations such as ``sensitive but unclassified'' or ``for official use only.'' These often vague and undefined markings can be used to prevent or delay information sharing with interested stakeholders or public release of information.

The National Archives and Records Administration reports that currently there are more than 100 information control designations applied across the Federal Government.

New categories of information control designations are being created by agencies yet these designations lack a statutory basis, and there is no Federal entity monitoring their use.

This bill addresses all types of information uses across the Government. Its goal is to promote open government by reducing the number and use of restrictive designations used on Government information.

Specifically, this bill calls on the Archivist to promulgate regulations to reduce and minimize the use of information control designations and to maximize public access to information. The bill allows individuals to challenge designations, requires that agency inspectors general conduct random audits to determine whether information controls are being used properly, and requires personal identifiers to be placed on information with an information designation control so agencies can identify the individual who made the designation. This bill also clarifies that agencies may not use information control designations in considering whether to release information under the Freedom of Information Act.

Mr. Speaker, I want to thank Ranking Member Davis for working with me to move this bill quickly to the House floor. The legislation before us includes changes that have been made since the bill passed out of full Committee. These changes were made to address concerns raised by the Administration and several interested members of Congress. These changes include: ensuring that the Archivist's training responds to lessons learned about improper application of control designations and deleting language requiring the regulations to address the duration of a control designation.

Secret government is rarely good government. This bill is an important step in restoring openness to the executive branch.

I am submitting for the Record the cost estimate for H.R. 6576 from the Congressional Budget Office.

I urge my colleagues to support this bill.

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. 6576, the

Reducing Information Control Designations 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. 6576--Reducing Information Control Designations Act

Summary: H.R. 6576 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 minimize and reduce the government's

use of information-control designations on information that

is not classified. The bill also would require training for

employees and contractors on using classifications and random

audits by inspectors general on the proper use of

information-control designations.

CBO estimates that implementing H.R. 6576 would have a

discretionary cost of $15 million in 2009 and $45 million

over the 2009-2013 period to implement the new regulations,

provide training, and conduct audits that would be required

under the bill. 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. As a result, enacting the

bill would have no significant impact on direct spending or

revenues.

H.R.6576 contains no intergovernmental or private-sector

mandates as defined in the Unfunded Mandates Reform Act

(UMRA) and would not affect the budgets of state, local, or

tribal governments.

Estimated cost to the Federal Government: The estimated

budgetary impact of H.R. 6576 is shown in the following

table. The costs of this legislation fall within most budget

functions that contain salaries and expenses.

----------------------------------------------------------------------------------------------------------------

By fiscal year in millions of dollars--

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, in recent years, we've seen an exponential growth in the number and types of non-classified information control designations. These designations carry little, if any, statutory authority, and no Federal entity is monitoring their use. So there is a need for some legislative control over the creation and use of those vague designations. H.R. 6576 attempts to achieve that goal.

This legislation makes it clear Congress intends agencies to limit the use of information control designations, so that government-wide information-sharing is increased and information is more available to the public.

One important component to this legislation is it creates a government-wide solution to this problem, as opposed to allowing each agency to create its own rules for how these designations are handled.

For too long, Federal departments have insisted on treating information they develop as their information. To protect their information, agencies have imposed a variety of sanctions on employees. The net effect of this hyper-protectiveness has been to create an environment where everyone knew something, but no one knew everything.

In May of this year, the President issued a memo establishing new procedures designating the National Archives as responsible for overseeing and managing the implementation of the controlled unclassified information framework.

Our intent with this legislation, for the most part, is to codify the processes laid out in that memo so future administrations cannot roll back these modernizing procedures. The proliferation of ``sensitive but unclassified'' and ``for official use only'' designations is clogging the arteries meant to take critical information to Federal, State and local agencies, and the public.

This legislation instructs the Archivist to establish regulations regarding the use of information control designations, with an emphasis on minimizing agency use, and establishes a process allowing the public to review these documents at the appropriate time.

One section which deviates from the President's plan is a section which would provide an incentive for employees to challenge control designations and be rewarded for succeeding in these challenges.

Upon reflection, I'm concerned this creates the wrong incentive. Are we putting employee personal gain at odds with agency security?

And, how would this system actually work? Who will make awards decisions? When is such a challenge eligible for an award? I expect we will need to clarify this system before the bill becomes law.

On the whole, I am satisfied this legislation will go a long way toward clarifying what types of control designations may be used and when they are not appropriate.

Mr. Speaker, as the security needs of our country change, we need to adjust with them. Our future safety depends on moving from a need-to- know culture to a need-to-share culture.

This legislation will help us reach that goal, and I urge my colleagues to support it.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, this is an important bill and it should pass. However, we should be dealing with what is most on the minds of Americans today, the high cost of gasoline brought on since the Democrats gained control of the Congress.

Poll after poll underscores the American people's strong support for increased American energy production to help bring down gas prices. And an increasing number of rank-and-file Democrats in Congress are listening to them and calling for a vote on more environmentally safe oil and gas drilling here at home.

We know that at least two House Democrats have spoken up about this issue and are asking the Democratic leadership to call for more drilling to help lower gas prices, and I want to quote from two of them. It's in Congressional Quarterly, 7/28/08, by Subcommittee Chairman Peter Visclosky: ``We ought to have a vote in the House of Representatives about it,'' meaning lower gas prices.

Representative Tim Holden from Pennsylvania has said: ``Drill everywhere . . . I'm for off-shore (oil) drilling. It needs to be part of a multi-pronged approach.'' This appeared in the Pottsville Republican Herald, 7/28/08.

So how does Speaker Pelosi respond to these ever-intensifying calls for more American energy? She calls it a hoax, and I want to quote from a press release from the Leader's office. In an appearance this morning on NBC's Today show, Speaker Pelosi coldly dismissed the views held by a solid majority of the American people, not to mention a bipartisan majority in Congress, saying, ``It's really a hoax. It's really a hoax on the American people.''

This is just the latest illustration of how out of touch the Speaker and her colleagues in the Democratic leadership are with American families and

small businesses who are being pummeled day in and day out by soaring energy prices.

So, Mr. Speaker, I support the passage of this bill, but I call on the Speaker and the Democratic leadership to bring for a vote bills, among them the American Energy Act introduced last week by the House Republicans, to explore for more oil and to lower the cost of energy in this country.

Mr. Speaker, I yield back.

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.

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.

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.

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.

Mr. Speaker, we have no further speakers and I am prepared to close once the minority has closed.

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.

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.

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.

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.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6576) to require the Archivist of the United States to promulgate regulations regarding the use of information control designations, and for other purposes, as amended.

Mr. Speaker, I would like to yield to the chairman of the Committee on Oversight and Government Reform, Chairman Henry Waxman, for whatever time he might consume.

Mr. Speaker, I yield myself such time as I might consume.

Mr. Speaker, H.R. 6576, the Reducing Information Control Designations Act, limits the Federal Government's use of information control designations.

Investigations by the Committee on Oversight and Government Reform have found that Federal agencies have increasingly placed restrictions on unclassified information by using information control designations such as ``sensitive but unclassified.'' These designations are dangerous because they impede information-sharing with State and local governments and the public.

There is no statutory authority for agency use of information control designations. Thus, these designations are not used consistently and are often overused and confusing. In May, the White House issued a memorandum to address this issue. That memo did not go far enough. While it addressed the number of designations, it did not try to limit their use.

This bill further seeks to limit the use of these designations to improve information-sharing within the government and with the public.

I support this bill and urge my colleagues to do the same.

I would reserve the balance of my time.

Mr. Speaker, to get us back to H.R. 6576, the Reducing Information Control Designations Act, I urge its passage.

I yield back the balance of our time.