Reducing Over-Classification Act of 2008

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.

7/30/2008--Passed House amended. Reducing Over-Classification Act of 2008 -
(Sec. 3) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and administer policies, procedures, and programs (policies) within the Department of Homeland Security (DHS) to prevent the over-classification of homeland security, terrorism, weapons of mass destruction, and other information within the scope of the information sharing environment established under the Intelligence Reform and Terrorism Prevention Act of 2004 that must be disseminated to prevent and collectively respond to acts of terrorism. Requires the Secretary to 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 to develop such policies. Directs the Secretary to:
(1) create standard classified and unclassified formats for finished DHS intelligence products;
(2) require that all such products be simultaneously prepared in the standard unclassified format, provided that such unclassified product would reasonably be expected to be of 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;
(3) ensure that such policies protect the national security as well as the information privacy and legal rights of U.S. persons;
(4) establish an ongoing auditing mechanism that randomly selects classified information from each DHS component to assess whether applicable classification regulations have been followed, describe any problems with their administration, and recommend improvements in awareness and training to address the problems identified;
(5) establish a process whereby employees may challenge original classification decisions and be rewarded for successful challenges resulting in the removal or downgrading of classification markings;
(6) inform employees and contractors that failure to comply could subject them to a series of penalties; and
(7) institute such penalties.
(Sec. 4) Requires the Secretary to:
(1) assess technologies by which an electronic identifying marker can be assigned to each DHS employee and contractor with original classification authority to track which documents have been classified by a particular employee or contractor, determine the circumstances when such documents have been shared, identify and address over-classification problems, and assess the information sharing impact of any such problems or misuse;
(2) develop an implementation plan for a DHS standard for such technology; and
(3) provide a copy of the implementation plan to the House and Senate homeland security committees. Directs the Secretary, in coordination with the Archivist, to:
(1) require annual training for each DHS employee and contractor with classification authority or those responsible for analyzing, producing, or communicating written classified information; and
(2) ensure that such program is conducted efficiently in conjunction with any other security, intelligence, or other training programs required by DHS to reduce the costs and administrative burdens associated with the additional training required. Requires the Secretary to:
(1) implement a program to detail DHS personnel to the National Archives and Records Administration (NARA) for one year for purposes of training and educating DHS personnel to better understand classification authorities, bolstering NARA's ability to conduct oversight, and ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist;
(2) ensure that the program includes at least one individual for each DHS office with delegated original classification authority; and
(3) report to Congress, in coordination with the Archivist, on the advisability of expanding the program on a government-wide basis and on the administrative and monetary costs of full compliance. Terminates the program on December 31, 2012.


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Sponsor

• Rep. Jane Harman [D, CA-36]
• and 13 Co-Sponsors
  • Rep. Christopher Carney [D, PA-10]
  • Rep. Donna Christensen [D, VI-0]
  • Rep. Yvette Clarke [D, NY-11]
  • Rep. Norman Dicks [D, WA-6]
  • Rep. Bob Etheridge [D, NC-2]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. James Langevin [D, RI-2]
  • Rep. Zoe Lofgren [D, CA-16]
  • Rep. Nita Lowey [D, NY-18]
  • Rep. Edward Markey [D, MA-7]
  • Rep. Eleanor Norton [D, DC-0]
  • Rep. Ed Perlmutter [D, CO-7]
  • Rep. Loretta Sanchez [D, CA-47]
  close

Committees

• Senate Homeland Security and Governmental Affairs
• 2 more
  • House Homeland Security
  • House Homeland Security
  close

Amendments

This bill has no amendments.

Amendments to H.R.4806

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
December 18, 2007		July 30, 2008

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• Jul 31, 2008: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
• Passed by voice vote in the House on Jul 30, 2008. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 7/29/2008 H7183-7184)
• Jul 30, 2008: Considered as unfinished business.
• Passed by voice vote in the House on Jul 30, 2008. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
• Jul 29, 2008: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Bilirakis objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
• Jul 29, 2008: DEBATE - The House proceeded with forty minutes of debate on H.R. 4806.
• Jul 29, 2008: Considered under suspension of the rules.
• Jul 29, 2008: Ms. Harman moved to suspend the rules and pass the bill, as amended.
• Added to calendar on Jul 24, 2008: Placed on the Union Calendar, Calendar No. 495..
• Jul 24, 2008: Reported (Amended) by the Committee on Homeland Security. H. Rept. 110-776.
• Added to calendar on Jun 26, 2008: Ordered to be Reported (Amended) by Voice Vote..
• Jun 26, 2008: Committee Consideration and Mark-up Session Held.
• Jun 11, 2008: Forwarded by Subcommittee to Full Committee (Amended) by Unanimous Consent .
• Jun 11, 2008: Subcommittee Consideration and Mark-up Session Held.
• Jan 31, 2008: Referred to the Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment.
• Dec 18, 2007: Referred to the House Committee on Homeland Security.
• Dec 18, 2007: Sponsor introductory remarks on measure. (CR E2611)
• Introduced on Dec 18, 2007.

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Related Bills:

• S.2292
• H.R.6193

Related Issue Areas:

• Weapons systems
• Weapons of mass destruction
• Transfer of employees
• Terrorism
• 31 more
• Technology assessment
• Technology
• Standards
• Security classification (Government documents)
• Right of privacy
• Public contracts
• National security
• National Archives and Records Administration
• Job training
• International affairs
• Intelligence services
• Intelligence activities
• Identification devices
• History
• Government employees
• Government contractors
• Foreign policy
• Federal employees
• Executive departments
• Employee training
• Department of Homeland Security
• Defense policy
• Criminal justice
• Congressional reporting requirements
• Congress
• Classified defense information
• Civil rights
• Civil liberties
• Armed forces
• Archives
• Government information

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In the News

June 12, 2008 House Homeland Subcommittee Approves Bills to Ease Access to ...

The second bill ( HR 4806 ), also sponsored by Harman, would require DHS to initially prepare all intelligence documents in an unclassified format in an ...

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September 13, 2008 Letter Opposing Legislations on HR 3815, HR 4806, HR 6193, and HR ...

The Assistant Secretary Office of Legislative Affairs has transmitted a letter opposing the bills HR 3815, HR 4806, HR 6193, and HR 6098. For more information about this report, contact US Fed News through its Washington, DC-area office ...

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Source: War on Terror - Homeland Security

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September 05, 2008 Congress Back in Session 9-08-08

These bills was passed by the House (see: “House Passes HR 4806 and HR 6193”). They were referred to the Senate Committee on Homeland Security and Governmental Affairs. Chairman Thompson had intended to have them attached to the House ...

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Source: Chemical Facility Security News

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August 08, 2008 Groups Press Sen. Collins on HR 5577

He has announced that he will use that tactic on a number of recently passed DHS bills (see: “House Passes HR 4806 and HR 6193”). The House DHS Appropriations Bill seems to have died a still birth. It has not yet been sent to the ...

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