IB 
Union Calendar No. 11 
111TH CONGRESS 
1ST SESSION H. R. 1323 
[Report No. 111–38] 
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 
MARCH 16, 2009 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
A BILL 
To require the Archivist of the United States to promulgate 
regulations regarding the use of information control des-
ignations, 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 ‘‘Reducing Information 
Control Designations Act’’. 
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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 process by which information con-
trol designations 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) Provisions to ensure that the presump-
tion shall be that information control designa-
tions are not necessary. 
(F) Methods to ensure that compliance 
with this Act protects national security and pri-
vacy rights. 
(G) 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 an individual 
may challenge without retribution the ap-
plication of information control designa-
tions by another individual and be re-
warded with specific incentives for success-
ful challenges 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 individ-
uals that repeated failure to comply with 
the policies, procedures, and programs es-
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tablished under this section could subject 
them to a series of penalties. 
(iii) Penalties for individuals who re-
peatedly fail to comply with the policies, 
procedures, 
and 
programs 
established 
under this section after having received 
both notice of their noncompliance and ap-
propriate 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 pub-
licly available on the website of the National 
Archives and Records Administration. 
(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, 
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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; 
(2) all policies and standards for utilizing infor-
mation 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 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-
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mation with information control designations. In con-
ducting any such audit, the Inspector General shall— 
(1) assess whether applicable policies, proce-
dures, 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 any problems identified under 
paragraph (2); and 
(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 designation of in-
formation, the following shall appear on the informa-
tion: 
(A) The name or personal identifier of the 
individual applying information control designa-
tions to the information. 
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(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 designa-
tions, including the misapplication of informa-
tion control designations to information that 
does not merit such markings. 
(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 indi-
vidual 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 mark-
ings; 
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(D) the consequences of repeated improper 
application of information control designations, 
including the misapplication of information con-
trol 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 con-
trol designations, including lessons learned pur-
suant to the regulations and Inspector General 
audits required under this Act and any internal 
agency audits; 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. 
(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 
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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. 
(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 
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(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 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: 
(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, 
but is not limited to, the designations of ‘‘controlled 
unclassified information’’, ‘‘sensitive but unclassi-
fied’’, and ‘‘for official use only’’. 
(2) INFORMATION.—The term ‘‘information’’ 
means any communicable knowledge or documentary 
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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 
(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 24 months after the date 
of the enactment of this Act. 
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Union Calendar No. 11 
111TH CONGRESS 
1ST SESSION 
H. R. 1323 
[Report No. 111–38] 
A BILL 
To require the Archivist of the United States to 
promulgate regulations regarding the use of in-
formation control designations, and for other 
purposes. 
MARCH 16, 2009 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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22:10 Mar 16, 2009
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