I 
110TH CONGRESS 
2D SESSION 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2008 
Mr. WAXMAN (for himself and Mr. TOM DAVIS of Virginia) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Gov-
ernment Reform 
A BILL 
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, 
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-
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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 coordination with the Director of 
National Intelligence and the heads of other affected 
Federal agencies, shall promulgate regulations to 
prevent the over-classification of information. 
(2) REQUIREMENTS.—The regulations under 
this subsection shall— 
(A) identify specific threshholds, stand-
ards, and requirements to prevent the over-
classification of information, including for de-
termining— 
(i) when classified products should be 
prepared in a standard format; and 
(ii) when classified products should be 
prepared in an unclassified format; taking 
into consideration whether an unclassified 
product would reasonably be expected to be 
of any benefit to a State, local, tribal or 
territorial government, law enforcement 
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agency, or other emergency response pro-
vider, 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) A process whereby employees may 
challenge without retribution classification 
decisions by agency employees or contrac-
tors and be rewarded with specific incen-
tives 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 employees 
and contractors that repeated failure to 
comply with the regulations promulgated 
under this section could subject them to a 
series of penalties. 
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(iii) Penalties for employees and con-
tractors who repeatedly fail to comply with 
the regulations promulgated under this 
section after having received both notice of 
their noncompliance and appropriate train-
ing or re-training to address such non-
compliance. 
(3) CONSULTATION.—In promulgating the reg-
ulations, the Archivist shall consult with the heads 
of Federal agencies and 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, as 
appropriate. 
(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.—The 
Inspector General of each Federal agency, in consultation 
with the Archivist, the Director of National Intelligence, 
and the heads of other affected Federal agencies, shall 
randomly audit classified information from each compo-
nent of the agency with employees that have classification 
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authority. In conducting any such audit, the Inspector 
General shall— 
(1) assess, on an individualized basis, whether 
applicable classification policies, procedures, rules, 
and regulations have been followed; 
(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 them; 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 or personal identifier of the 
employee or contractor classifying the informa-
tion. 
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(B) The agency, office, and position of the 
employee or contractor. 
(2) PURPOSES.—The purposes described in this 
paragraph are as follows: 
(A) To identify and address over-classifica-
tion problems, including the classification of in-
formation that should not be classified. 
(B) To assess the information sharing im-
pact of any such problems. 
(b) TRAINING.—The Archivist, subject to chapter 71 
of title 5, United States Code, and in coordination with 
the Director of National Intelligence and the heads of 
other affected Federal agencies, shall— 
(1) require annual training for each employee 
or contractor of a Federal agency with classification 
authority and who is responsible for analysis, dis-
semination, preparation, production, receiving, pub-
lishing, or otherwise communicating written classi-
fied information, including training to educate each 
employee or contractor about— 
(A) the prevention of overclassification of 
information; 
(B) the proper use of classification mark-
ings, including portion markings; and 
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(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-
sonnel evaluation,information sharing, and the 
overall success of the agency’s missions; 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, shall implement a detailee program to detail 
Federal agency personnel, on a nonreimbursable 
basis, to the National Archives and Records Admin-
istration for one year, for the purpose of— 
(A) training and educational benefit for 
the agency personnel assigned so that they may 
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better understand the policies, procedures and 
laws governing classification authorities; 
(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 characteristics, 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 de-
fined 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 classified informa-
tion. 
Æ 
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