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 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. 
(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.
(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-
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,
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-
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.