HR 6576 EHRFSCommentsClose CommentsPermalink

To require the Archivist of the United States to promulgate regulations regarding the use of information control designations, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Reducing Information Control Designations Act’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Archivist Responsibilities-CommentsClose CommentsPermalink





(1) REGULATIONS- The Archivist of the United States shall promulgate regulations regarding the use of information control designations.CommentsClose CommentsPermalink





(2) REQUIREMENTS- The regulations under this subsection shall address, at a minimum, the following:CommentsClose CommentsPermalink





(A) Standards for utilizing the information control designations in a manner that is narrowly tailored to maximize public access to information.CommentsClose CommentsPermalink





(B) The process by which information control designations will be removed.CommentsClose CommentsPermalink





(C) Procedures for identifying, marking, dating, and tracking information assigned the information control designations, including the identity of officials making the designations.CommentsClose CommentsPermalink





(D) Provisions to ensure that the use of information control designations is minimized and cannot be used on information--CommentsClose CommentsPermalink





(i) to conceal violations of law, inefficiency, or administrative error;CommentsClose CommentsPermalink





(ii) to prevent embarrassment to Federal, State, local, tribal, or territorial governments or any official, agency, or organization thereof; any agency; or any organization;CommentsClose CommentsPermalink





(iii) to improperly or unlawfully interfere with competition in the private sector;CommentsClose CommentsPermalink





(iv) to prevent or delay the release of information that does not require such protection;CommentsClose CommentsPermalink





(v) if it is required to be made available to the public; orCommentsClose CommentsPermalink





(vi) if it has already been released to the public under proper authority.CommentsClose CommentsPermalink





(E) Provisions to ensure that the presumption shall be that information control designations are not necessary.CommentsClose CommentsPermalink





(F) Methods to ensure that compliance with this Act protects national security and privacy rights.CommentsClose CommentsPermalink





(G) The establishment of requirements that Federal agencies, subject to chapter 71 of title 5, United States Code, implement the following:CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(I) the removal of improper information control designations; orCommentsClose CommentsPermalink





(II) the correct application of appropriate information control designations.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(H) Procedures for members of the public to be heard regarding improper applications of information control designations.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) all policies and standards for utilizing information control designations are consistent with such regulations;CommentsClose CommentsPermalink





(3) the number of individuals with authority to apply information control designations is limited; andCommentsClose CommentsPermalink





(4) information control designations may be placed only on the portion of information that requires control and not on the entire material.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) assess whether applicable policies, procedures, rules, and regulations have been followed;CommentsClose CommentsPermalink





(2) describe any problems with the administration of the applicable policies, procedures, rules and regulations, including specific non-compliance issues;CommentsClose CommentsPermalink





(3) recommend improvements in awareness and training to address any problems identified under paragraph (2); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Personal Identifiers-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(A) The name or personal identifier of the individual applying information control designations to the information.CommentsClose CommentsPermalink





(B) The agency, office, and position of the individual.CommentsClose CommentsPermalink





(2) PURPOSES- The purposes described in this paragraph are as follows:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) To assess the information sharing impact of any such problems or misuse.CommentsClose CommentsPermalink





(c) Training- The Archivist, subject to chapter 71 of title 5, United States Code, and in coordination with the heads of Federal agencies, shall--CommentsClose CommentsPermalink





(1) require training as needed for each individual who applies information control designations, including--CommentsClose CommentsPermalink





(A) instruction on the prevention of the overuse of information control designations;CommentsClose CommentsPermalink





(B) the standards for applying information control designations;CommentsClose CommentsPermalink





(C) the proper application of information control designations, including portion markings;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Detailee Program-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) training and educational benefit for agency personnel assigned so that they may better understand the policies, procedures, and laws governing information control designations;CommentsClose CommentsPermalink





(B) bolstering the ability of the National Archives and Records Administration to conduct its oversight authorities over agencies; andCommentsClose CommentsPermalink





(C) ensuring that the policies and procedures established by the agencies remain consistent with those established by the Archivist of the United States.CommentsClose CommentsPermalink





(2) SUNSET OF DETAILEE PROGRAM- Except as otherwise provided by law, this subsection shall cease to have effect on December 31, 2012.CommentsClose CommentsPermalink

SEC. 5. RELEASING INFORMATION PURSUANT TO THE FREEDOM OF INFORMATION ACT.

(a) Agency Responsibilities- The head of each Federal agency shall ensure that--CommentsClose CommentsPermalink





(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’); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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’).CommentsClose CommentsPermalink

SEC. 6. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) FEDERAL AGENCY- The term ‘Federal agency’ means--CommentsClose CommentsPermalink





(A) any Executive agency, as that term is defined in section 105 of title 5, United States Code;CommentsClose CommentsPermalink





(B) any military department, as that term is defined in section 102 of such title; andCommentsClose CommentsPermalink





(C) any other entity within the executive branch that comes into the possession of classified information.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Passed the House of Representatives July 30, 2008.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.