HR 4806 RFS 
on the findings of the Inspector General’s au-
dits under this section; 
‘‘(5) establish a process whereby employees may 
challenge original classification decisions made by 
Department employees or contractors and be re-
warded with specific incentives for successful chal-
lenges resulting 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
DE-
FINED.—The term ‘finished intelligence product’ means a 
document in which an intelligence analyst has evaluated, 
interpreted, integrated, or placed into context raw intel-
ligence or information.’’. 
VerDate Aug 31 2005 
20:40 Aug 01, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4806.RFS
H4806
mstockstill on PROD1PC66 with BILLS
HR 4806 RFS 
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 add-
ing 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 
identification number or other electronic identifying 
marker can be assigned to each Department em-
ployee and contractor with original classification au-
thority in order to— 
‘‘(A) track which documents have been 
classified by a particular employee or con-
tractor; 
‘‘(B) determine the circumstances when 
such documents have been shared; 
‘‘(C) identify and address over-classifica-
tion problems, including the misapplication of 
classification markings to documents that do 
not merit such markings; and 
VerDate Aug 31 2005 
20:40 Aug 01, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4806.RFS
H4806
mstockstill on PROD1PC66 with BILLS
HR 4806 RFS 
‘‘(D) assess the information sharing im-
pact of any such problems or misuse; 
‘‘(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 Re-
ducing Over-Classification Act of 2008, whichever is 
earlier, 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 Security 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 or those responsible for analysis, dissemina-
tion, preparation, production, receiving, publishing, 
VerDate Aug 31 2005 
20:40 Aug 01, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4806.RFS
H4806
mstockstill on PROD1PC66 with BILLS
HR 4806 RFS 
or otherwise communicating written classified infor-
mation, including training to— 
‘‘(A) educate each employee and contractor 
about— 
‘‘(i) the Department’s requirement 
that all classified finished intelligence prod-
ucts that they create be simultaneously 
prepared in unclassified form in a standard 
format prescribed by the Department, pro-
vided that the unclassified product would 
reasonably be expected to be of any benefit 
to a State, local, tribal, or territorial gov-
ernment, law enforcement agency, or other 
emergency response provider, or the pri-
vate sector, based on input provided by the 
Interagency Threat Assessment and Co-
ordination 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 mark-
VerDate Aug 31 2005 
20:40 Aug 01, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4806.RFS
H4806
mstockstill on PROD1PC66 with BILLS
HR 4806 RFS 
ings, and of failing to comply with the De-
partment’s policies and procedures estab-
lished under or pursuant to this section, 
including the negative consequences for the 
individual’s personnel evaluation, homeland 
security, information sharing, and the 
overall success of the Department’s mis-
sions; 
‘‘(B) serve as a prerequisite, once com-
pleted successfully, as evidenced by an appro-
priate certificate, 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 ef-
ficiently, in conjunction with any other security, in-
telligence, or other training programs required by 
the Department to reduce the costs and administra-
tive burdens associated with the additional training 
required by this section. 
‘‘(c) DETAILEE PROGRAM.—The Secretary shall— 
VerDate Aug 31 2005 
20:40 Aug 01, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4806.RFS
H4806
mstockstill on PROD1PC66 with BILLS
HR 4806 RFS 
‘‘(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— 
‘‘(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 con-
duct its oversight authorities over the Depart-
ment 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 clas-
sification 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— 
VerDate Aug 31 2005 
20:40 Aug 01, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4806.RFS
H4806
mstockstill on PROD1PC66 with BILLS
HR 4806 RFS 
‘‘(A) the advisability of expanding the pro-
gram on a government-wide basis, whereby 
other departments and agencies would send 
detailees to the National Archives and Records 
Administration; and 
‘‘(B) the administrative and monetary 
costs of full compliance with this section. 
‘‘(d) SUNSET OF DETAILEE PROGRAM.—Except as 
otherwise provided by law, subsection (c) shall cease to 
have effect on December 31, 2012. 
‘‘(e) 
FINISHED
INTELLIGENCE
PRODUCT
DE-
FINED.—The term ‘finished intelligence product’ has the 
meaning given the term in section 210F(c).’’. 
SEC. 5. TECHNICAL AMENDMENT. 
The table of contents in section 1(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 101(b)) is amended by 
adding after the item relating to section 210E the fol-
lowing new items: 
‘‘Sec. 210F. Over-classification prevention program. 
‘‘Sec. 210G. Enforcement of over-classification prevention programs.’’. 
Passed the House of Representatives July 30, 2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Aug 31 2005 
20:40 Aug 01, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4806.RFS
H4806
mstockstill on PROD1PC66 with BILLS