Washington, D.C. – The full House today passed two bills authored by Congresswoman Jane Harman (D-CA), Chair of the Homeland Security Intelligence, Information Sharing & Terrorism Risk Assessment Subcommittee, requiring the Department of Homeland Security to reduce over-classification and reform the use of “sensitive but unclassified” information control markings.  The Reducing Over-classification Act (HR 4806) and the Improving Access to Public Documents Act (HR 6193) passed unanimously.

“The out-of-control practice of classifying and reclassifying everything that moves is pernicious,” said Harman.  “The local cop on the beat, who during his or her day-to-day work is most likely to uncover and foil a terrorist plot, isn’t getting necessary information.”

Added Harman:  “This administration has elevated over-classification and selective declassification of intelligence to an art form.  Politicizing information sharing, and – more generally – our national security policies, is unacceptable.  I applaud the House for passing this legislation and voting for a more accountable and transparent DHS.”   

To change DHS’ culture from “need to know” to “need to share,” HR 4806 requires that all classified intelligence products created at the Department be simultaneously created in a standard unclassified format.  The bill requires “portion marking,” which confines classification marks to sensitive portions of the text and permits the remainder of the document to remain unclassified and shared with local first responders.  The legislation also includes provisions for employee training, limits on who can classify documents, regular audits and establishes penalties for staff who fail to comply with classification policies.

HR 6193 clamps-down on the practice of hoarding information by requiring DHS to adopt the “Controlled Unclassified Information” (CUI) framework developed by the Office of the Director of National Intelligence.  The system limits the number of information control markings that can be used on unclassified information from over 100 to just seven, while holding DHS employees accountable for properly designating and sharing unclassified information of a sensitive nature.

Harman also said she is working with Rep. Waxman (D-CA), Chairman of the Oversight and Government Reform Committee, on a government-wide approach to classification.

The bills were reported unanimously out of the full Committee on June 26.