IIB 
110TH CONGRESS 
2D SESSION 
H. R. 6575 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 10, 2008 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To require the Archivist of the United States to promulgate 
regulations to prevent the over-classification of informa-
tion, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Over-Classification Re-
duction Act’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to increase Government-
wide information sharing and the availability of informa-
tion to the public by applying standards and practices to 
reduce improper classification. 
SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE 
FEDERAL GOVERNMENT. 
(a) ARCHIVIST RESPONSIBILITIES.— 
(1) 
REGULATIONS.—The 
Archivist 
of 
the 
United States, in consultation with the heads of af-
fected Federal agencies, shall promulgate regulations 
to prevent the over-classification of information. 
(2) REQUIREMENTS.—The regulations under 
this subsection shall— 
(A) identify specific requirements to pre-
vent the over-classification of information, in-
cluding for determining— 
(i) when classified products should be 
prepared in a similar format government-
wide; and 
(ii) when classified products should 
also be prepared in an unclassified format; 
taking into consideration whether an un-
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classified product would reasonably be ex-
pected to be of any benefit to a State, 
local, tribal or territorial government, law 
enforcement agency, or other emergency 
response provider, the private sector, or 
the public; 
(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 
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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-
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 
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