(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; 
(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 
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 
(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 
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. 
Passed the House of Representatives March 17, 
2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 1323 
AN ACT 
To require the Archivist of the United States to 
promulgate regulations regarding the use of in-
formation control designations, and for other 
purposes.