Legal Issues

Report on Security Legislation: H.R. 639
(February 4, 2009)

by Michael A. Williams, Esq.

The House Bill referred to in a Federal Computer Week article concerning the security clearance process is H.R. 639, introduced January 22, 2009. The Bill’s author is Rep. Anna Eshoo (D-14, CA) and the co-sponsor is Rep. Darrell Issa (R-49, CA). Rep. Eshoo’s district is south and southwest of San Francisco and appears to include most of Palo Alto and some other parts of Silicon Valley. Rep. Issa’s district is north of San Diego and includes the cities of Oceanside and Vista.

The Bill’s emphasis is on obtaining reports of the number of individuals holding security clearances and on the efficiency of the clearance process. It requires annual reporting to Congress and an Executive Branch audit every four years.

H.R. 639 has been referred to both the Oversight and Government Reform Committee and the Select Committee on Intelligence. The Speaker of the House has named the members of the Committee on Oversight and Government Reform, and they may be posted on the Committee’s web site this week. Rep. Issa will be the Ranking Member, but Rep. Eshoo is not on the Committee. The Committee met on February 4 to organize itself and may, within about a week, post notices for its first hearings. The Speaker has not yet named the members of the Select Committee on Intelligence so it has not yet met during 111th Congress to organize or hold hearings. (Both Committees’ web sites are out of date).

Items in the Bill’s favor are that its bipartisan sponsors are last Session’s Chairman and Ranking Member of the Subcommittee on Intelligence Community Management (Select Intelligence) and Rep. Eshoo’s statement in the Congressional Record when she introduced the Bill that it was the result of past committee work.

I have not checked for the President’s response to the new burdens H.R. 639 would place on the Executive Branch and many agencies.

Guest Author: Michael A. Williams, a lawyer, practicing in Virginia and Washington, DC, contibutes to this blog. He has offices at the Stephens Law Firm, PLLC, McLean, Virginia. Telephone: (703) 821-8700, ext. 17. E-mail: stelawfirm@aol.com.

Report on Security Legislation:  H.R. 553, et al.
(February 6, 2009)

by Michael A. Williams, Esq.

A.  H.R. 553:

     The House passed the Bill, H.R. 553 (the “Reducing Over-Classification Act of 2009″), on February 3, 2009, under the suspension of the rules procedure, indicating it was not considered controversial. It passed on a voice vote. The Bill was designed to prevent the over-classification of security information by the Department of Homeland Security.

     The Senate sent the Bill to the Committee on Homeland Security and Governmental Affairs on February 4, 2009.

B.   Two other Bills related to Homeland Security also passed the House on February 3:

     H.R. 559, to amend the Homeland Security Act to establish an appeal and redress process for individuals wrongly delayed or prohibited from boarding a flight, etc. (413 to 3, Roll Call Vote No. 49); and

     H.R. 549, to amend the Homeland Security Act of 2002 to establish the Office for Bombing Prevention, to address terrorist explosive threats. Voice vote.

Guest Author: Michael A. Williams, a lawyer, practicing in Virginia and Washington, DC, contributes to this blog. He has offices at the Stephens Law Firm, PLLC, McLean, Virginia. Telephone: (703) 821-8700, ext. 17. E-mail: stelawfirm@aol.com.