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Week Ending August 1, 2008

H.R.6576 To require the Archivist of the United States to promulgate regulations regarding the use of information control designations, and for other purposes.

This bill dovetails with another bill to establish the government policy of controlling information. The bill states its purpose as “to increase Governmentwide information sharing and the availability of information to the public by standardizing and limiting the use of information control designations.”

Federal agencies are required under the bill to reduce and minimize information control designations on documents that are not classified. The Archivist of the US is directed to promulgate regulations that, at a minimum, establish standards for utilizing the information control designations in a manner that is narrowly tailored to maximize public access to the information. Procedures are to be implemented that identify, mark, date and track information under control including the identity of the officials designating the control.

Provision must assure that the control is minimized and must not conceal violations of law, inefficiency of administrative error, prevent embarrassment to Federal, State, local, tribal or territorial governments or any official, agency or organization thereof, improperly or unlawfully interfere with competition in the private sector, prevent or delay the release of information that does not require protection, and that information required to be made public is made public.

An employee must be given a process to challenge the control designation and may be given an incentive if the challenge results in the removal of the control or the correct application of the control designation.

Employers or contractors who repeatedly fail to comply with the procedures after having received notice of noncompliance and appropriate retraining would face penalties to be established but likely to include termination.

The agencies must assure that information can be shared within and with other agencies as well as State, local, tribal and territorial governments, the private sector and the public as appropriate. The number of employees and contractors authorized to utilize controls is to be limited and controls may be placed only on the portion of the information that requires control and not the entire material. The OIG will oversee.

Training for appropriate employees must be provided if they are responsible for control designations to include standards for proper use of the information control and an awareness of and penalties for misapplication.

The head of each Federal Agency must ensure that information control designations are not a determinant of public disclosure under the Freedom of Information Act.

“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 information, or control the accessibility of information, regardless of its form or format. The term includes the designations of `controlled unclassified information', `sensitive but unclassified', and `for official use only'”.

“The term `information' means any communicable knowledge or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the Federal Government.”

The program is to be implemented in 18 months and sunsets December 31, 2012.

Sponsor:  Rep. Henry Waxman (D-CA-30^th)

Vote: Passed House by voice vote July 30, 2008

Cost to the taxpayers:

Earmark Certification:  

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