69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–809 

OVER-CLASSIFICATION REDUCTION ACT 

JULY 30, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. WAXMAN, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 6575] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 6575) to require the Archivist of the 

United States to promulgate regulations to prevent the over-classification of information, and for other purposes, having considered 

the same, report favorably thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for Legislation .................................................................... 2 

Legislative History .................................................................................................. 2 

Section-by-Section .................................................................................................... 3 

Explanation of Amendments ................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Rollcall Votes ............................................................................................................ 4 

Application of Law to the Legislative Branch ....................................................... 4 

Statement of Oversight Findings and Recommendations of the Committee ...... 4 

Statement of General Performance Goals and Objectives .................................... 5 

Constitutional Authority Statement ...................................................................... 5 

Federal Advisory Committee Act ............................................................................ 5 

Unfunded Mandates Statement .............................................................................. 5 

Earmark Identification ............................................................................................ 5 

Committee Estimate ................................................................................................ 5 

Budget Authority and Congressional Budget Office Cost Estimate .................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 7 

PURPOSE AND SUMMARY

H.R. 6575, the Over-Classification Reduction Act, was introduced 

by Reps. Henry A. Waxman and Tom Davis on July 23, 2008. The 


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1 National Commission on Terrorist Attacks upon the United States, The 9/11 Commission 

Report: Final Report of the National Commission on Terrorist Attacks upon the United States 

(July 22, 2004). 

purpose of H.R. 6575 is to apply standards and practices to reduce 

improper classification and encourage information sharing. 

H.R. 6575 requires the Archivist, in coordination with affected 

federal agencies, to promulgate regulations to prevent the overclassification of information. The bill also requires agency inspectors general to randomly audit classified information to ensure that 

these regulations, and other classification policies, are being followed. 

BACKGROUND AND NEED FOR LEGISLATION

The National Commission on Terrorist Attacks upon the United 

States, popularly known as the 9/11 Commission, recommended 

limiting the unnecessary classification of documents and providing 

incentives for information sharing.1 Seven years has passed since 

those horrific events and our government still is not sharing important information. This is in part due to over-classification. 

The Committee understands there is some information that must 

be protected because it could easily threaten our national security. 

Having a system to classify information is necessary. However, 

there is a tendency to overprotect information, and that has adverse consequences as well. Over-classification actually hurts our 

efforts to fight terrorism because it prevents agencies from sharing 

important information with relevant stakeholders including state 

and local law enforcement and even other federal agencies. In addition, it undermines public access to this important information. 

In December 2004, Congress, in the Intelligence Reform and Terrorism Prevention Act, P.L. 108–458, called for reducing disincentives for information sharing including over-classification. Since 

that time, over-classification continues to be a problem in the federal government. 

H.R. 6575 calls on the Archivist to resolve the problem of overclassification by standardizing the use of classifications and by establishing methods to increase oversight of the classification process. These include requiring random inspector general audits of 

classified information; establishing a process for those challenging 

classification decisions to be rewarded; requiring individuals to include personal identifiers when classifying information; and increased training. 

LEGISLATIVE HISTORY

During the 108th Congress, the Subcommittee on National Security, Emerging Threats, and International Relations held the hearing, Too Many Secrets: Overclassification as a Barrier to Critical 

Information Sharing (Aug. 24, 2004). 

During the 109th Congress, the Subcommittee on National Security, Emerging Threats, and International Relations held two hearings on this issue: Drowning in a Sea of Faux Secrets: Policies on 

Handling of Classified and Sensitive Information (Mar. 14, 2006) 

and Emerging Threats: Overclassification and Pseudo-classification 

(Mar. 2, 2005). 


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H.R. 6575, the Over-Classification Reduction Act, was introduced 

by Reps. Henry A. Waxman and Tom Davis on July 23, 2008, and 

referred to the Committee on Oversight and Government Reform. 

On July 23, 2008, the Committee on Oversight and Government 

Reform held a business meeting to consider H.R. 6575 and ordered 

the bill to be favorably reported by a voice vote. 

SECTION-BY-SECTION

Section 1. Short title 

This section provides that the short title of the bill is the ‘‘OverClassification Reduction Act.’’

Section 2. Purpose 

This section provides that the purpose of the Act is to increase 

the sharing and availability of information within the government 

and with the public by applying standards and practices to reduce 

improper classification. 

Section 3. Over-classification prevention within the Federal Government 

Subsection (a) requires the Archivist, in coordination with the 

heads of other affected agencies, to promulgate regulations to prevent the over-classification of information. These regulations 

should apply both to those individuals who have original classification authority and to any individual who has derivative classification authority. 

This subsection calls on the Archivist to determine when classified products should be prepared in a standard format and when 

classified products should be prepared in an unclassified format. In 

addition, the regulations will ensure that compliance protects national security and privacy rights and will establish a process for 

individuals that challenge classification decisions to receive incentives for successful challenges. 

This subsection requires the Archivist, as appropriate, to consult 

with various stakeholders including state and local governments, 

law enforcement entities, organizations with expertise in civil 

rights, labor rights, civil liberties, and government oversight, and 

the private sector. 

Subsection (b) requires the inspector general of each federal 

agency, in consultation with the Archivist, to randomly audit classified information from each component of the agency that has employees with classification authority. This section requires the inspector general, in conducting these audits, to determine whether 

the agency is properly following relevant classification policies and 

regulations, to describe any problems with implementation, and to 

recommend improvements in awareness and training to address 

those problems. The inspector general must report to Congress, the 

Archivist, and the public on the findings of these audits. 

Section 4. Enforcement of over-classification prevention within the 

Federal Government 

Subsection (a) requires that at the time an individual classifies 

information, that individual provide unique identifying information 

including the name or personal identifier and the agency, office, 


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and position of the individual. The purpose of this requirement is 

to permit the agency to perform oversight of over-classification. 

Subsection (b) requires the Archivist, in coordination with the 

heads of other affected federal agencies, to require, in existing annual training, information on the prevention of over-classification 

of information, the proper use of classification markings, and the 

use of portion markings. This subsection clarifies that this training 

is to be conducted in conjunction with other training programs required by the agency to reduce the burden of this new requirement. 

Subsection (c) requires the Archivist to establish a program to 

detail federal agency personnel to the National Archives and 

Records Administration (NARA) on a nonreimbursable basis. The 

purpose of this program is to help NARA conduct its oversight responsibilities, to provide the detailed personnel with more extensive training on the use of classification markings, and to ensure 

consistent policies across agencies. This subsection provides that 

the detailee program will continue through the year 2012. 

Section 5. Definitions 

This section defines ‘‘information’’ as any communicable knowledge or documentary material, regardless of its physical form or 

characteristics, which is owned by, is produced by or for, or is 

under the control of the federal government. 

This section defines the term ‘‘federal agency’’ to mean: (1) Any 

executive agency, which means an executive department, a government corporation, and an independent establishment; (2) any military department, which means the Department of the Army, the 

Department of the Navy, or the Department of the Air Force; and 

(3) any other entity within the executive branch that comes into 

the possession of classified information. 

EXPLANATION OF AMENDMENTS

No amendments were offered to this legislation. 

COMMITTEE CONSIDERATION

On Wednesday, July 23, 2008, the Committee ordered H.R. 6575 

to be favorably reported to the House by a voice vote. 

ROLLCALL VOTES

No rollcall votes were held. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of P.L. 104–1 requires a description of the application of this bill to the legislative branch where the bill relates 

to terms and conditions of employment or access to public services 

and accommodations. H.R. 6575 relates to the over-classification of 

documents by the executive branch and therefore does not apply to 

the legislative branch. 

STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE

COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 


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descriptive portions of this report, including the need to limit the 

unnecessary classification of documents. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report, including reducing improper classification and encouraging information sharing. 

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress to enact the law proposed 

by H.R. 6575. Article I, Section 8, Clause 18 of the Constitution of 

the United States grants the Congress the power to enact this law. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

definition of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATES STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement on whether the 

provisions of the report include unfunded mandates. In compliance 

with this requirement the Committee has received a letter from the 

Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

H.R. 6575 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

6575. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 

Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the 

Committee has received the following cost estimate for H.R. 6575 

from the Director of the Congressional Budget Office: 


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JULY 29, 2008. 

Hon. HENRY A. WAXMAN, 

Chairman, Committee on Oversight and Government Reform, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6575, the Over-Classification Reduction Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

H.R. 6575—Over-Classification Reduction Act 

H.R. 6575 would amend federal law concerning the security classification of government documents. The legislation would require 

the National Archives and Records Administration (NARA), in consultation with the Director of National Intelligence and other affected federal agencies to develop regulations that prevent the overuse of classification procedures to withhold information collected or 

prepared by the federal government. The legislation would require 

agencies to consider whether classified information could benefit 

state, local, or tribal governments, as well as law enforcement activities or the public. The bill also would require annual training 

for employees and contractors on how to classify information, and 

audits by inspectors general to determine whether information has 

been properly classified. 

CBO estimates that implementing H.R. 6575 would cost $2 million in 2009 and $22 million over the 2009–2013 period, assuming 

the availability of appropriated funds. Those costs would be incurred to implement new regulations and requirements and to conduct training and audits. Although the legislation could affect 

agencies not funded through annual appropriations (such as the 

Tennessee Valley Authority or the U.S. Postal Service), CBO estimates that any net increase in spending by those agencies would 

not be significant. 

Most of the legislation would expand on current law and practices of the federal government. Information from NARA and the 

Departments of Homeland Security and Defense indicates that 

most agencies comply with existing NARA regulations regarding 

the classification of federal information and already provide annual 

training to employees on classification procedures. However, NARA 

and agencies would incur additional costs under the bill to implement new regulations, perform audits, and provide additional 

training. 

H.R. 6575 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by Theresa Gullo, Deputy Assistant 

Director for Budget Analysis. 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

No changes to existing law are made by H.R. 6575, as reported. 

Æ 


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