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 standardizing and limiting the use 
of information control designations. 
SEC. 3. REGULATIONS RELATING TO INFORMATION CON-
TROL DESIGNATIONS WITHIN THE FEDERAL 
GOVERNMENT. 
(a) REQUIREMENT TO REDUCE AND MINIMIZE IN-
FORMATION
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 regard-
ing the use of information control designations. 
(2) REQUIREMENTS.—The regulations under 
this subsection shall address, at a minimum, the fol-
lowing: 
(A) Standards for utilizing the information 
control designations in a manner that is nar-
rowly tailored to maximize public access to in-
formation. 
(B) The duration of the information con-
trol designations and the process by which they 
will be removed. 
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(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 in-
formation control designations is minimized and 
cannot be used on information— 
(i) to conceal violations of law, ineffi-
ciency, or administrative error; 
(ii) to prevent embarrassment to Fed-
eral, State, local, tribal, or territorial gov-
ernments or any official, agency, or organi-
zation thereof; any agency; or any organi-
zation; 
(iii) to improperly or unlawfully inter-
fere with competition in the private sector; 
(iv) to prevent or delay the release of 
information that does not require such pro-
tection; 
(v) if it is required to be made avail-
able to the public; or 
(vi) if it has already been released to 
the public under proper authority. 
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(E) Methods to ensure that compliance 
with this Act protects national security and pri-
vacy rights. 
(F) The establishment of requirements 
that Federal agencies, subject to chapter 71 of 
title 5, United States Code, implement the fol-
lowing: 
(i) A process whereby employees may 
challenge without retribution the use of in-
formation control designations by agency 
employees or contractors and be rewarded 
with specific incentives for successful chal-
lenges resulting in— 
(I) the removal of improper infor-
mation control designations; or 
(II) the correct application of ap-
propriate information control designa-
tions. 
(ii) A method for informing employees 
and contractors 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 employees and con-
tractors who repeatedly fail to comply with 
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the policies, procedures, and programs es-
tablished under this section after having 
received both notice of their noncompliance 
and appropriate training or re-training to 
address such noncompliance. 
(G) Procedures for members of the public 
to challenge the use of the information control 
designations. 
(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. 
(c) AGENCY RESPONSIBILITIES.—The head of each 
Federal agency shall implement the regulations promul-
gated by the Archivist under subsection (b) in the agency 
in a manner that ensures that— 
(1) information can be shared within the agen-
cy, with other agencies, and with State, local, tribal, 
and territorial governments, the private sector, and 
the public, as appropriate; 
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(2) all policies and standards for utilizing infor-
mation control designations are consistent with such 
regulations; 
(3) the number of agency employees and con-
tractors with authority to utilize information control 
designations is limited; and 
(4) information control designations may be 
placed only on the portion of information that re-
quires control and not on the entire material. 
SEC. 4. ENFORCEMENT OF INFORMATION CONTROL DES-
IGNATION REGULATIONS WITHIN THE FED-
ERAL GOVERNMENT. 
(a) INSPECTOR GENERAL RESPONSIBILITIES.—The 
Inspector General of each Federal agency, in consultation 
with the Archivist, shall randomly audit unclassified infor-
mation with information control designations. In con-
ducting any such audit, the Inspector General shall— 
(1) assess, on an individualized basis, whether 
applicable policies, procedures, rules, and regulations 
have been followed; 
(2) describe any problems with the administra-
tion of the applicable policies, procedures, rules and 
regulations, including specific non-compliance issues; 
(3) recommend improvements in awareness and 
training to address them; and 
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(4) report to the Committee on Oversight and 
Government Reform of the House of Representa-
tives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Archivist, 
and the public on the findings of the Inspector Gen-
eral’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 marking of infor-
mation, the following shall appear on the informa-
tion: 
(A) The name or personal identifier of the 
employee or contractor marking the informa-
tion. 
(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 misuse of in-
formation control designations, including the 
misapplication of information control designa-
tions to information that does not merit such 
markings. 
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(B) To assess the information sharing im-
pact 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 em-
ployee or contractor of a Federal agency who is re-
sponsible for analyzing, disseminating, preparing, 
producing, receiving, publishing, or otherwise com-
municating information with an information control 
designation. Such training shall educate each em-
ployee and contractor about— 
(A) the standards for using information 
control designations; 
(B) the proper use of information control 
designations, including portion markings; and 
(C) the consequences of repeated improper 
use of information control designations, includ-
ing 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 
(2) ensure that such program is conducted effi-
ciently, in conjunction with any other security, intel-
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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. 
(d) 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 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 designa-
tions; 
(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. 
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(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 re-
ferred to as the ‘‘Freedom of Information Act’’); and 
(2) all information in the agency’s possession 
that is releasable pursuant to an appropriate request 
under section 552 of title 5, United States Code 
(commonly referred to as the ‘Freedom of Informa-
tion Act’), is made available to members of the pub-
lic. 
(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 unclas-
sified information that is not exempt from disclosure 
under section 552 of title 5, United States Code (com-
monly referred to as the ‘‘Freedom of Information Act’’). 
SEC. 6. DEFINITIONS. 
In this Act: 
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(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 informa-
tion, or control the accessibility of information, re-
gardless of its form or format. The term includes 
the designations of ‘‘controlled unclassified informa-
tion’’, ‘‘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 charac-
teristics, 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 
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(C) any other entity within the executive 
branch that comes into the possession of classi-
fied information. 
SEC. 7. DEADLINE FOR REGULATIONS AND IMPLEMENTA-
TION. 
Regulations shall be promulgated in final form under 
this Act, and implementation of the requirements of this 
Act shall begin, not later than 18 months after the date 
of the enactment of this Act. 
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