‘‘(5) establish a process whereby employees may 
challenge original classification decisions made by 
Department employees or contractors and be rewarded 
with specific incentives for successful challenges re-
sulting in the removal of classification markings or 
the downgrading of them; 
‘‘(6) inform employees and contractors that fail-
ure to comply with the policies, procedures, and pro-
grams established under this section could subject 
them to a series of penalties; and 
‘‘(7) institute a series of penalties for employees 
and contractors who repeatedly fail to comply with 
the policies, procedures, and programs established 
under this section after having received both notice of 
their noncompliance and appropriate training or re- 
training to address such noncompliance. 
‘‘(c) FINISHED INTELLIGENCE PRODUCT DEFINED.— 
The term ‘finished intelligence product’ means a document 
in which an intelligence analyst has evaluated, interpreted, 
integrated, or placed into context raw intelligence or infor-
mation.’’. 
VerDate Aug 31 2005 
00:58 Jul 25, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H4806.RH
H4806
smartinez on PROD1PC64 with BILLS
SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVEN-
TION WITHIN THE DEPARTMENT OF HOME-
LAND SECURITY. 
Subtitle A of title II of the Homeland Security Act 
of 2002 (6 U.S.C. 121 et seq.) is further amended by adding 
at the end the following new section: 
‘‘SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PRE-
VENTION PROGRAMS. 
‘‘(a) PERSONAL IDENTIFIERS.—The Secretary shall— 
‘‘(1) assess the technologies available or in use at 
the Department by which an electronic personal iden-
tification number or other electronic identifying 
marker can be assigned to each Department employee 
and contractor with original classification authority 
in order to— 
‘‘(A) track which documents have been clas-
sified by a particular employee or contractor; 
‘‘(B) determine the circumstances when such 
documents have been shared; 
‘‘(C) identify and address over-classification 
problems, including the misapplication of classi-
fication markings to documents that do not 
merit such markings; and 
‘‘(D) assess the information sharing impact 
of any such problems or misuse; 
VerDate Aug 31 2005 
00:58 Jul 25, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H4806.RH
H4806
smartinez on PROD1PC64 with BILLS
‘‘(2) develop an implementation plan for a De-
partment standard for such technology with appro-
priate benchmarks, a timetable for its completion, 
and cost estimate for the creation and implementa-
tion of a system of electronic personal identification 
numbers or other electronic identifying markers for 
all relevant Department employees and contractors; 
and 
‘‘(3) upon completion of the implementation 
plan described in paragraph (2), or not later than 
180 days after the date of the enactment of the Reduc-
ing Over-Classification Act of 2008, whichever is ear-
lier, the Secretary shall provide a copy of the plan to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Se-
curity and Governmental Affairs of the Senate. 
‘‘(b) TRAINING.—The Secretary, in coordination with 
the Archivist of the United States, shall— 
‘‘(1) require annual training for each Depart-
ment employee and contractor with classification au-
thority and who are responsible for analysis, dissemi-
nation, preparation, production, receiving, pub-
lishing, or otherwise communicating written classified 
information, including training to— 
VerDate Aug 31 2005 
00:58 Jul 25, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H4806.RH
H4806
smartinez on PROD1PC64 with BILLS
‘‘(A) educate each employee and contractor 
about— 
‘‘(i) the Department’s requirement that 
all classified finished intelligence products 
that they create be simultaneously prepared 
in unclassified form in a standard format 
prescribed by the Department, provided that 
the unclassified product would reasonably 
be expected to be of any benefit to a State, 
local, tribal, or territorial government, law 
enforcement agency, or other emergency re-
sponse provider, or the private sector, based 
on input provided by the Interagency 
Threat Assessment and Coordination Group 
Detail established under section 210D; 
‘‘(ii) the proper use of classification 
markings, including portion markings; and 
‘‘(iii) the consequences of over-classi-
fication and other improper uses of classi-
fication 
markings, 
including 
the 
misapplication of classification markings to 
documents that do not merit such markings, 
and of failing to comply with the Depart-
ment’s policies and procedures established 
under or pursuant to this section, including 
VerDate Aug 31 2005 
00:58 Jul 25, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H4806.RH
H4806
smartinez on PROD1PC64 with BILLS
the negative consequences for the individ-
ual’s personnel evaluation, homeland secu-
rity, information sharing, and the overall 
success of the Department’s missions; 
‘‘(B) serve as a prerequisite, once completed 
successfully, as evidenced by an appropriate cer-
tificate, for— 
‘‘(i) obtaining classification authority; 
and 
‘‘(ii) renewing such authority annu-
ally; and 
‘‘(C) count as a positive factor, once com-
pleted successfully, in the Department’s employ-
ment, evaluation, and promotion decisions; 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 
Department to reduce the costs and administrative 
burdens associated with the additional training re-
quired by this section. 
‘‘(c) DETAILEE PROGRAM.—The Secretary shall— 
‘‘(1) implement a Departmental detailee pro-
gram to detail Departmental personnel to the Na-
tional Archives and Records Administration for one 
year, for the purpose of— 
VerDate Aug 31 2005 
00:58 Jul 25, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H4806.RH
H4806
smartinez on PROD1PC64 with BILLS
‘‘(A) training and educational benefit for 
the Department personnel assigned so that they 
may better understand the policies, procedures 
and laws governing original classification au-
thorities; 
‘‘(B) bolstering the ability of the National 
Archives and Records Administration to conduct 
its oversight authorities over the Department and 
other Departments and agencies; and 
‘‘(C) ensuring that the policies and proce-
dures established by the Secretary remain con-
sistent with those established by the Archivist of 
the United States; 
‘‘(2) ensure that the program established under 
paragraph (1) includes at least one individual for 
each Department office with delegated original classi-
fication authority; and 
‘‘(3) in coordination with the Archivist of the 
United States, report to Congress not later than 90 
days after the conclusion of the first year of the pro-
gram established under paragraph (1), on— 
‘‘(A) the advisability of expanding the pro-
gram on a government-wide basis, whereby other 
departments and agencies would send detailees to 
VerDate Aug 31 2005 
00:58 Jul 25, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H4806.RH
H4806
smartinez on PROD1PC64 with BILLS
Union Calendar No. 495 
110TH CONGRESS 
2D SESSION 
H. R. 4806 
[Report No. 110–776] 
A BILL 
To require the Secretary of Homeland Security to 
develop a strategy to prevent the over-classifica-
tion of homeland security and other information 
and to promote the sharing of unclassified home-
land security and other information, and for 
other purposes. 
JULY 24, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Aug 31 2005 
00:58 Jul 25, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6651
Sfmt 6651
E:\BILLS\H4806.RH
H4806
smartinez on PROD1PC64 with BILLS