Momentum Grows to Limit 'Classified' Information
by Guest Blogger, 7/23/2004
Amidst growing criticism that the White Hose and Central Intelligence Agency (CIA) attempted to classify information that would prove more embarrassing than threatening national security, senior Republicans and Democrats in Congress are moving to reform the classification system.
Senators Ron Wyden (D-Oregon) and Trent Lott (R-MS) introduced legislation, S. 2672, which would create an Independent Security Classification Board to oversee agencies' use of the "classified" stamp. Modest in scope, the proposal would allow a three-member board to pass judgment on agencies' decisions to classify documents. The board could decide the agency improperly classified information that should otherwise be available to the public. The president could overrule the board's decision, but would have to make a public statement in doing so.
The practical effect of such a board may be to create an environment in which agencies think more carefully when invoking their ability to classify information. Currently there are few good safeguards to prevent agencies from abusing their power to stamp information as secret. The bureaucracy that oversees the classification system for the federal government, the Information Security Oversight Office, reported the federal government used the "classified" stamp 25 percent more times in Fiscal Year 2003 than in the previous year.
The proverbial straw that broke the camel's back was the Central Intelligence Agency's initial proposal to black out as much as half of the Senate Intelligence Committee's report on pre-war intelligence about Iraq. Although in the end roughly 15 percent of the text was kept secret, the CIA's efforts to squash parts of the report left a bad taste in some Republican mouths. Lott, hardly a champion of the public's right to know, even said publicly that the CIA's efforts were "an insult."
The executive order outlining procedures for stamping information as "classified" explicitly forbids agencies from using the stamp to hide embarrassing or illegal activity.
Several high-profile reports over the last year created controversy when the executive branch sought to black out, or redact, key sections when the reports were released to the public. Last year, the administration redacted 28 pages of Congress' 9/11 joint inquiry that reportedly identifies links between al Qaeda and the Saudi government. And before issuing its final report last week, the 9/11 Commission struggled with the White House for months over access to documents.
There are, however, several limitations to the legislation. The legislation gives the president authority to define the scope of the board's authority. The president would also have the power to overrule the board rulings. In addition, much of the board's materials would themselves be classified and exempt from public disclosure under the Freedom of Information Act.
The legislation also does not address other recommendations of the last bipartisan commission to examine government secrecy and classification. The unanimous 1997 report (posted here by Steve Aftergood) of the Commission on Protecting and Reducing Government Secrecy recommended that a national classification center be established to evaluate and oversee the classification system among federal agencies. The Commission was led by Senator Daniel Patrick Moynihan and enjoyed participation of a bipartisan panel including Senator Jesse Helms. Further, the Commission envisioned an appeals board with greater independence and authority to require declassification.
The prospects for Congress to pass much-need, long-sought reform of the classifications system are murky at best. Members of the 9/11 Commission are pressuring Congress to act quickly on their recommendations, and spending bills waiting congressional action in September.
Similar legislation (H.R. 4855) was introduced in the House by Representatives Robert "Bud" Cramer (D-AL) and Leonard Boswell (D-IA), although that legislation currently has not attracted Republican co-sponsors.