Reducing Information Control Designations Act - Requires each federal agency to reduce and minimize its use of information control designations on information that is not classified. Defines such designations to mean information dissemination controls that are not defined by federal statute or executive order relating to the classification of national security information and that are used to manage, direct, or route information or to control the accessibility of information, regardless of its form or format.
Requires the Archivist of the United States to promulgate regulations to address: (1) standards for the use of such designations to maximize public access to information; (2) the process for removing such designations; (3) procedures for identifying and tracking designated information; (4) provisions to minimize the use of such designations, to prevent misuse, and prevent use to improperly interfere with competition in the private sector; and (5) a requirement for agencies to establish a process for individuals and the public to challenge the use of such designations and penalties for repeated failures to comply with designation policies.
Requires the head of each federal agency to: (1) implement the regulations promulgated by the Archivist to encourage information sharing; and (2) ensure that such designations do not determine public disclosure requirements under the Freedom of Information Act.
Requires the Inspector General of each federal agency to randomly audit and report to Congress on unclassified information with such designations to determine compliance.
Directs the Archivist to: (1) require personal identifiers and agency affiliations of individuals applying such designations: (2) require training of such individuals; and (3) implement a program to detail federal employees to the National Archives and Records Administration (NARA) to train such employees. Terminates such detail program on December 31, 2012.
Requires promulgation of final regulations and implementation of this Act's requirements within 24 months.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1323 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1323
To require the Archivist of the United States to promulgate regulations
regarding the use of information control designations, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2009
Mr. Driehaus (for himself and Mr. Towns) introduced the following bill;
which was referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To require the Archivist of the United States to promulgate regulations
regarding the use of information control designations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Information Control
Designations Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to increase Governmentwide information
sharing and the availability of information to the public by
standardizing and limiting the use of information control designations.
SEC. 3. REGULATIONS RELATING TO INFORMATION CONTROL DESIGNATIONS WITHIN
THE FEDERAL GOVERNMENT.
(a) Requirement To Reduce and Minimize Information Control
Designations.--Each Federal agency shall reduce and minimize its use of
information control designations on information that is not classified.
(b) Archivist Responsibilities.--
(1) Regulations.--The Archivist of the United States shall
promulgate regulations regarding the use of information control
designations.
(2) Requirements.--The regulations under this subsection
shall address, at a minimum, the following:
(A) Standards for utilizing the information control
designations in a manner that is narrowly tailored to
maximize public access to information.
(B) The process by which information control
designations will be removed.
(C) Procedures for identifying, marking, dating,
and tracking information assigned the information
control designations, including the identity of
officials making the designations.
(D) Provisions to ensure that the use of
information control designations is minimized and
cannot be used on information--
(i) to conceal violations of law,
inefficiency, or administrative error;
(ii) to prevent embarrassment to Federal,
State, local, tribal, or territorial
governments or any official, agency, or
organization thereof; any agency; or any
organization;
(iii) to improperly or unlawfully interfere
with competition in the private sector;
(iv) to prevent or delay the release of
information that does not require such
protection;
(v) if it is required to be made available
to the public; or
(vi) if it has already been released to the
public under proper authority.
(E) Provisions to ensure that the presumption shall
be that information control designations are not
necessary.
(F) Methods to ensure that compliance with this Act
protects national security and privacy rights.
(G) The establishment of requirements that Federal
agencies, subject to chapter 71 of title 5, United
States Code, implement the following:
(i) A process whereby an individual may
challenge without retribution the application
of information control designations by another
individual and be rewarded with specific
incentives for successful challenges resulting
in--
(I) the removal of improper
information control designations; or
(II) the correct application of
appropriate information control
designations.
(ii) A method for informing individuals
that repeated failure to comply with the
policies, procedures, and programs established
under this section could subject them to a
series of penalties.
(iii) Penalties for individuals 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.
(H) Procedures for members of the public to be
heard regarding improper applications of information
control designations.
(I) A procedure to ensure that all agency policies
and standards for utilizing information control
designations that are issued pursuant to subsection (c)
be provided to the Archivist and that such policies and
standards are made publicly available on the website of
the National Archives and Records Administration.
(3) Consultation.--In promulgating the regulations, 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.
(c) Agency Responsibilities.--The head of each Federal agency shall
implement the regulations promulgated by the Archivist under subsection
(b) in the agency in a manner that ensures that--
(1) information can be shared within the agency, with other
agencies, and with State, local, tribal, and territorial
governments, the private sector, and the public, as
appropriate;
(2) all policies and standards for utilizing information
control designations are consistent with such regulations;
(3) the number of individuals with authority to apply
information control designations is limited; and
(4) information control designations may be placed only on
the portion of information that requires control and not on the
entire material.
SEC. 4. ENFORCEMENT OF INFORMATION CONTROL DESIGNATION REGULATIONS
WITHIN THE FEDERAL GOVERNMENT.
(a) Inspector General Responsibilities.--The Inspector General of
each Federal agency, in consultation with the Archivist, shall randomly
audit unclassified information with information control designations.
In conducting any such audit, the Inspector General shall--
(1) assess whether applicable policies, procedures, rules,
and regulations have been followed;
(2) describe any problems with the administration of the
applicable 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 the Committee on Oversight and Government
Reform of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Archivist, and the public on the findings of the Inspector
General's audits under this section.
(b) Personal Identifiers.--
(1) In general.--For purposes described in paragraph (2),
the Archivist of the United States shall require that, at the
time of designation of information, the following shall appear
on the information:
(A) The name or personal identifier of the
individual applying information control designations 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
misuse of information control designations, including
the misapplication of information control designations
to information that does not merit such markings.
(B) To assess the information sharing impact of any
such problems or misuse.
(c) Training.--The Archivist, subject to chapter 71 of title 5,
United States Code, and in coordination with the heads of Federal
agencies, shall--
(1) require training as needed for each individual who
applies information control designations, including--
(A) instruction on the prevention of the overuse of
information control designations;
(B) the standards for applying information control
designations;
(C) the proper application of information control
designations, including portion markings;
(D) the consequences of repeated improper
application of information control designations,
including the misapplication of information control
designations 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; and
(E) information relating to lessons learned about
improper application of information control
designations, including lessons learned pursuant to the
regulations and Inspector General audits required under
this Act and any internal agency audits; 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.
(d) Detailee Program.--
(1) Requirement for program.--The Archivist, 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
Administration, for the purpose of--
(A) training and educational benefit for agency
personnel assigned so that they may better understand
the policies, procedures, and laws governing
information control designations;
(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. RELEASING INFORMATION PURSUANT TO THE FREEDOM OF INFORMATION
ACT.
(a) Agency Responsibilities.--The head of each Federal agency shall
ensure that--
(1) information control designations are not a determinant
of public disclosure pursuant to section 552 of title 5, United
States Code (commonly referred to as the ``Freedom of
Information Act''); and
(2) all information in the agency's possession that is
releasable is made available to members of the public pursuant
to an appropriate request under such section 552.
(b) Rule of Construction.--Nothing in this Act shall be construed
to prevent or discourage any Federal agency from voluntarily releasing
to the public any unclassified information that is not exempt from
disclosure under section 552 of title 5, United States Code (commonly
referred to as the ``Freedom of Information Act'').
SEC. 6. DEFINITIONS.
In this Act:
(1) Information control designations.--The term
``information control designations'' means information
dissemination controls, not defined by Federal statute or by an
Executive order relating to the classification of national
security information, that are used to manage, direct, or route
information, or control the accessibility of information,
regardless of its form or format. The term includes, but is not
limited to, the designations of ``controlled unclassified
information'', ``sensitive but unclassified'', and ``for
official use only''.
(2) 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.
(3) 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.
SEC. 7. DEADLINE FOR REGULATIONS AND IMPLEMENTATION.
Regulations shall be promulgated in final form under this Act, and
implementation of the requirements of this Act shall begin, not later
than 24 months after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Oversight and Government. H. Rept. 111-38.
Reported by the Committee on Oversight and Government. H. Rept. 111-38.
Placed on the Union Calendar, Calendar No. 11.
Mr. Clay moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3464-3467)
DEBATE - The House proceeded with forty minutes of debate on H.R. 1323.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3464-3465)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3464-3465)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.