text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Over-Classification Reduction Act''.
  
  SEC. 2. PURPOSE.
  
      The purpose of this Act is to increase Governmentwide information 
  sharing and the availability of information 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 affected 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 prevent the 
                  over-classification of information, including for 
                  determining--
                              (i) when classified products should be 
                          prepared in a similar format governmentwide; 
                          and
                              (ii) when classified products should also 
                          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 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 following:
                              (i) The process whereby an individual may 
                          challenge without retribution classification 
                          decisions by another individual and be rewarded 
                          with specific incentives for successful 
                          challenges resulting in--
                                      (I) the removal of improper 
                                  classification markings; or
                                      (II) the correct application of 
                                  appropriate classification markings.
                              (ii) A method for informing individuals 
                          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 
                          repeatedly fail to comply with the regulations 
                          promulgated under this section after having 
                          received both notice of their noncompliance and 
                          appropriate training or re-training 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.--Consistent 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 
  Archivist, 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 policies, 
          procedures, rules, and regulations have been followed;
              (2) describe any problems with the administration of the 
          applicable classification policies, procedures, 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 PREVENTION 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 information, the following shall 
          appear on the information:
                      (A) The name, personal identifier, or unique agency 
                  identifier of the individual applying 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:
                      (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 impact of any 
                  such problems.
      (b) Training.--When implementing the security education and 
  training program pursuant to Executive Order 12958, Executive Order 
  12829, and successor appropriate Executive Orders, the Archivist, 
  subject to chapter 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 markings, 
                  including portion markings;
                      (C) the consequences of over-classification and 
                  other repeated improper uses of classification 
                  markings, including the misapplication of 
                  classification markings to information that does not 
                  merit such markings, and of failing to comply with the 
                  policies and procedures established under or pursuant 
                  to this section, including the negative consequences 
                  for the individual's personnel evaluation, information 
                  sharing, and the overall success of the agency's 
                  missions; and
                      (D) information relating to lessons learned from 
                  implementation of the regulations including affected 
                  Federal agency internal audits and Inspector General 
                  audits, as provided under this Act; and
              (2) ensure that such program is conducted efficiently, in 
          conjunction with any other security, intelligence, or other 
          training programs required by the agency to reduce the costs 
          and administrative burdens associated with the additional 
          training required by this section.
      (c) Detailee Program.--
              (1) Requirement for program.--The Archivist, subject to 
          chapter 71 of title 5, United States Code, in consultation with 
          heads of affected Federal agencies, shall implement a detailee 
          program to detail Federal agency personnel, on a 
          nonreimbursable basis, to the National Archives and Records 
          Administration 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;
                      (B) bolstering the ability of the National Archives 
                  and Records Administration to conduct its oversight 
                  authorities over agencies; and
                      (C) ensuring that the policies and procedures 
                  established by the agencies remain consistent 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 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
              (C) any other entity within the executive branch that comes 
          into the possession of classified information.
      (3) Affected Federal Agency.--The term ``affected Federal agency'' 
  means any Federal agency that employs an individual with original or 
  derivative classification authority.
  
              Passed the House of Representatives September 9, 2008.
  
              Attest:
  
                                              LORRAINE C. MILLER,
  
                                                                   Clerk.
target: Over-Classification Reduction Act - Requires the Archivist of the United States to promulgate regulations to prevent the over-classification of information.
  
   Requires the Inspector General of each federal agency that employs an individual with original or derivative classification authority to randomly audit classified information from each agency component with employees that have classification authority.
  
  Directs the Archivist: (1) to require, at the time of classification of information, personal identifiers or unique agency identifiers of the individual applying classification markings, including the individual's agency, office, and position, to appear on the information; (2) when implementing the security education and training program pursuant to specified executive orders, to integrate training about the prevention of over-classification of information, the proper use of classification markings, the consequences of over-classification, and the lessons learned from implementation of the regulations; and (3) to implement a detailee program to detail federal agency personnel, on a nonreimbursable basis, to the National Archives and Records Administration (NARA) for training.
feat_title: To require the Archivist of the United States to promulgate regulations to prevent the over-classification of information, and for other purposes.