FAS

House Adopts Overclassification Reduction Act

09.10.08 | 2 min read | Text by Steven Aftergood

The House of Representatives yesterday passed the Overclassification Reduction Act, a bill that is intended to help reduce inappropriate classification of information in government.

The bill would require the National Archivist to develop regulations to help combat overclassification. The bill would mandate increased accountability for classification actions, with incentives for challenging improper classification and penalties for abuse of classification authority. Importantly, it would require agency inspectors general to perform periodic audits of classification activity to ensure compliance with classification standards.

While the bill represents a welcome expression of congressional interest in overclassification, its proposed solution does not seem carefully adapted to the problem.

“The problem of overclassification is government-wide and it demands a government-wide solution,” said Rep. Henry Waxman (D-CA), who introduced the bill along with Rep. Tom Davis (R-VA).

But that is unlikely to be true, because it presumes that overclassification is a uniform phenomenon across the government, which is not the case. Overclassification at the CIA is not the same as overclassification at the Pentagon or the State Department. Not only do these agencies have different institutional cultures, their classification policies revolve around different sets of security concerns, and they are implemented through distinct sets of procedures.

A government-wide regulation like the 2003 implementing directive issued by the Information Security Oversight Office can set important parameters for classification duration, classifier training, document marking, and so forth. But that directive has not been an effective vehicle for reversing or combating overclassification.

An alternate approach to the problem will be described in Secrecy News next week.

publications
See all publications
Government Capacity
Blog
The National Security Council’s Decision-Making Process: When Consensus Becomes a Constraint

The emphasis on interagency consensus, while well-intentioned, has become a structural impediment to bold or innovative policy options. When every agency effectively holds veto power over proposals, the path of least resistance becomes maintaining existing approaches with minor modifications.

01.22.25 | 4 min read
read more
Environment
Press release
Position on the Re-Introduction of H.R. 471 – The Fix Our Forests Act

The Federation of American Scientists supports H.R. 471, the re-introduction of the Fix Our Forests Act.

01.17.25 | 2 min read
read more
Emerging Technology
day one project
Policy Memo
Fighting Fakes and Liars’ Dividends: We Need To Build a National Digital Content Authentication Technologies Research Ecosystem

As people become less able to distinguish between what is real and what is fake, it has become easier than ever to be misled by synthetic content, whether by accident or with malicious intent. This makes advancing alternative countermeasures, such as technical solutions, more vital than ever before. 

01.17.25 | 12 min read
read more
Government Capacity
Blog
Herding Unicorns: Sharing Resources Speeds Hiring

Throughout this phase of work, there are many actions hiring managers and staffing specialists can take to streamline the process and improve the quality of eligible candidates. Most importantly, hiring managers and staffing specialists can collaborate within and across agencies to expedite and simplify the process.

01.17.25 | 10 min read
read more