(B) ensure that compliance with this Act 
protects national security and privacy rights; 
and 
(C) establish requirements for Federal 
agencies to implement, subject to chapter 71 of 
title 5, United States Code, including the fol-
lowing: 
(i) The process whereby an individual 
may challenge without retribution classi-
fication decisions by another individual and 
be rewarded with specific incentives for 
successful challenges resulting in— 
(I) the removal of improper clas-
sification markings; or 
(II) the correct application of ap-
propriate classification markings. 
(ii) A method for informing individ-
uals that repeated failure to comply with 
the regulations promulgated under this 
section could subject them to a series of 
penalties. 
(iii) Penalties for individuals who re-
peatedly fail to comply with the regulations 
promulgated under this section after hav-
ing received both notice of their noncompli-
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ance and appropriate training or re-train-
ing to address such noncompliance. 
(3) CONSULTATION.—The regulations shall be 
promulgated in consultation, as appropriate, with 
representatives of State, local, tribal, and territorial 
governments; law enforcement entities; organizations 
with expertise in civil rights, employee and labor 
rights, civil liberties, and Government oversight; and 
the private sector. 
(4) DEADLINE.—The regulations under this 
subsection shall be promulgated in final form not 
later than one year after the date of the enactment 
of this Act. 
(b) INSPECTOR GENERAL RESPONSIBILITIES.—Con-
sistent with the Inspector General Act of 1978 (5 U.S.C. 
App.) and section 17 of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403q), the Inspector General of 
each affected Federal agency, in consultation with the Ar-
chivist, shall randomly audit classified information from 
each component of the agency with employees that have 
classification authority. In conducting any such audit, the 
Inspector General shall— 
(1) assess whether applicable classification poli-
cies, procedures, rules, and regulations have been 
followed; 
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(2) describe any problems with the administra-
tion of the applicable classification policies, proce-
dures, rules, and regulations, including specific non- 
compliance issues; 
(3) recommend improvements in awareness and 
training to address any problems identified under 
paragraph (2); and 
(4) report to Congress, the Archivist, and the 
public, in an appropriate format, on the findings of 
the Inspector General’s audits under this section. 
SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVEN-
TION WITHIN THE FEDERAL GOVERNMENT. 
(a) PERSONAL IDENTIFIERS.— 
(1) IN GENERAL.—For purposes described in 
paragraph (2), the Archivist of the United States 
shall require that, at the time of classification of in-
formation, the following shall appear on the informa-
tion: 
(A) The name, personal identifier, or 
unique agency identifier of the individual apply-
ing classification markings to the information. 
(B) The agency, office, and position of the 
individual. 
(2) PURPOSES.—The purposes described in this 
paragraph are as follows: 
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(A) To enable the agency to identify and 
address over-classification problems, including 
the classification of information that should not 
be classified. 
(B) To assess the information sharing im-
pact of any such problems. 
(b) TRAINING.—When implementing the security 
education and training program pursuant to Executive 
Order 12958, Executive Order 12829, and successor ap-
propriate Executive Orders, the Archivist, subject to chap-
ter 71 of title 5, United States Code, shall, in consultation 
with heads of affected Federal agencies— 
(1) integrate training to educate about— 
(A) the prevention of over-classification of 
information; 
(B) the proper use of classification mark-
ings, including portion markings; 
(C) the consequences of over-classification 
and other repeated improper uses of classifica-
tion markings, including the misapplication of 
classification markings to information that does 
not merit such markings, and of failing to com-
ply with the policies and procedures established 
under or pursuant to this section, including the 
negative consequences for the individual’s per-
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sonnel evaluation, information sharing, and the 
overall success of the agency’s missions; and 
(D) information relating to lessons learned 
from implementation of the regulations includ-
ing affected Federal agency internal audits and 
Inspector General audits, as provided under 
this Act; and 
(2) ensure that such program is conducted effi-
ciently, in conjunction with any other security, intel-
ligence, or other training programs required by the 
agency to reduce the costs and administrative bur-
dens associated with the additional training required 
by this section. 
(c) DETAILEE PROGRAM.— 
(1) REQUIREMENT FOR PROGRAM.—The Archi-
vist, subject to chapter 71 of title 5, United States 
Code, in consultation with heads of affected Federal 
agencies, shall implement a detailee program to de-
tail Federal agency personnel, on a nonreimbursable 
basis, to the National Archives and Records Admin-
istration for the purpose of— 
(A) training and educational benefit for 
the agency personnel assigned so that they may 
better understand the policies, procedures and 
laws governing classification authorities; 
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(B) bolstering the ability of the National 
Archives and Records Administration to con-
duct its oversight authorities over agencies; and 
(C) ensuring that the policies and proce-
dures established by the agencies remain con-
sistent with those established by the Archivist 
of the United States. 
(2) SUNSET OF DETAILEE PROGRAM.—Except 
as otherwise provided by law, this subsection shall 
cease to have effect on December 31, 2012. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) INFORMATION.—The term ‘‘information’’ 
means any communicable knowledge or documentary 
material, regardless of its physical form or charac-
teristics, that is owned by, is produced by or for, or 
is under the control of the Federal Government. 
(2) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means— 
(A) any Executive agency, as that term is 
defined in section 105 of title 5, United States 
Code; 
(B) any military department, as that term 
is defined in section 102 of such title; and 
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(C) any other entity within the executive 
branch that comes into the possession of classi-
fied information. 
(3) AFFECTED FEDERAL AGENCY.—The term 
‘‘affected Federal agency’’ means any Federal agen-
cy that employs an individual with original or deriva-
tive classification authority. 
Æ 
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