Reducing Information Control Designations Act

Bill: 110-hr-6576
Sponsor: Rep. Waxman, Henry A. [D-CA-30]
Introduced: 2008-07-23 in the House
Policy area: Government Operations and Politics
Subjects: Administrative procedure
Administrative remedies
Armed Forces and National Security
Civil Rights and Liberties, Minority Issues
Classified defense information
Congress
Congressional reporting requirements
Employee training
Federal employees
Fines (Penalties)
Freedom of information
Government contractors
Government paperwork
Government publicity
Identification devices
Inspectors general
Labor and Employment
Law
National Archives and Records Administration
Official secrets
Right of privacy
Security classification (Government documents)
Transfer of employees
Whistle blowing

Summary:
action_date: 2008-07-23
text: 
Reducing Information Control Designations Act - Requires each federal agency to reduce and minimize its use of information control designations on information that is not classified. 

Requires the Archivist of the United States to promulgate regulations regarding the use of such designations, including : (1) standards for utilizing such designations in a manner that is narrowly tailored to maximize public access to information; (2) procedures for identifying, marking, dating, and tracking information assigned to the designations; and (3) penalties for employees and contractors who repeatedly fail to comply.

Requires each federal agency head to implement the regulations promulgated by the Archivist in a manner that ensures that: (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; (2) the number of agency employees and contractors with authority to utilize such designations is limited; and (3) designations may be placed only on the portion of information that requires control.

Requires each federal agency's Inspector General to randomly audit unclassified information with such a designation. 

Directs the Archivist, for the purpose of assessing and addressing the misuse of designations, to require at the time of marking of information that the following appear on the information: (1) the name or personal identifier of the employee or contractor marking the information; and (2) the agency, office, and position of the employee or contractor.

Directs the Archivist to: (1) require training for federal agency employees or contractors who are responsible for analyzing, disseminating, preparing, producing, receiving, publishing, or otherwise communicating information with a designation; and (2) implement a program to detail federal agency personnel to the National Archives and Records Administration (NARA).

Requires each federal agency head to ensure that: (1) such designations are not a determinant of public disclosure pursuant to the Freedom of Information Act (FOIA) and; (2) all information in the agency's possession that is releasable pursuant to an appropriate FOIA request is made available to the public.

action_date: 2008-07-30
text: 
Reducing Information Control Designations Act - (Sec. 3) Requires each federal agency to reduce and minimize its use of information control designations on information that is not classified. Defines such designations to mean information dissemination controls that are not defined by federal statute or executive order relating to the classification of national security information and that are used to manage, direct, or route information or to control the accessibility of information, regardless of its form or format. 

Requires the Archivist of the United States to promulgate regulations to address: (1) standards for the use of the such designations to maximize public access to information; (2) the process for removing such designations; (3) procedures for identifying and tracking designated information; (4) provisions to minimize the use of such designations to prevent misuse and interference with competition in the private sector; and (5) a process for individuals and the public to challenge the use of such designations. 

Requires the head of each federal agency to: (1) implement the regulations promulgated by the Archivist to encourage the sharing of information; and (2) ensure that such designations do not determine public disclosure requirements under the Freedom of Information Act.

(Sec. 4) Requires the Inspector General of each federal agency to randomly audit and report to Congress on unclassified information with such designations to determine compliance. 

Directs the Archivist to: (1) require personal identifiers and agency affiliations of individuals applying such designations: (2) require training of such individuals; and (3) implement a program to detail federal employees to the National Archives and Records Administration (NARA) to train such employees. Terminates such detailee program on December 31, 2012.

(Sec. 7) Requires promulgation of final regulations and implementation of the requirements of this Act within 24 months.


Legislative actions:
action_date: 2008-07-31
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2008-07-30
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-07-30
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR 7/29/2008 H7214-7216)
action_date: 2008-07-30
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR 7/29/2008 H7214-7216)
action_date: 2008-07-30
text: Considered as unfinished business. (consideration: CR H7596)
action_date: 2008-07-30
text: Placed on the Union Calendar, Calendar No. 524.
action_date: 2008-07-30
text: Reported by the Committee on Oversight and Government. H. Rept. 110-810.
action_date: 2008-07-30
text: Reported by the Committee on Oversight and Government. H. Rept. 110-810.
action_date: 2008-07-29
text: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Ms. Foxx objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
action_date: 2008-07-29
text: Considered under suspension of the rules. (consideration: CR H7214-7218)
action_date: 2008-07-29
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 6576.
action_date: 2008-07-29
text: Mr. Davis (IL) moved to suspend the rules and pass the bill, as amended.
action_date: 2008-07-23
text: Ordered to be Reported by Voice Vote.
action_date: 2008-07-23
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-07-23
text: Referred to the House Committee on Oversight and Government Reform.
action_date: 2008-07-23
text: Introduced in House
action_date: 2008-07-23
text: Introduced in House