69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–779 

IMPROVING PUBLIC ACCESS TO DOCUMENTS ACT OF 

2008 

JULY 28, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. THOMPSON of Mississippi, from the Committee on Homeland 

Security, submitted the following 

R E P O R T 

[To accompany H.R. 6193] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 6193) to require the Secretary of Homeland Security to 

develop and administer policies, procedures, and programs to promote the implementation of the Controlled Unclassified Information Framework applicable to unclassified information that is 

homeland security information, terrorism information, weapons of 

mass destruction information and other information within the 

scope of the information sharing environment established under 

section 1016 of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (6 U.S.C. 485), and for other purposes, having considered the same, report favorably thereon with an amendment and 

recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 6 

Background and Need for Legislation .................................................................... 6 

Hearings ................................................................................................................... 8 

Committee Consideration ........................................................................................ 9 

Committee Votes ...................................................................................................... 9 

Committee Oversight Findings ............................................................................... 9 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 9 

Congressional Budget Office Estimate ................................................................... 10 

Statement of General Performance Goals and Objectives .................................... 11 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 11 

Federal Mandates Statement ................................................................................. 12 

Advisory Committee Statement .............................................................................. 12 

Constitutional Authority Statement ...................................................................... 12 


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Applicability to Legislative Branch ........................................................................ 12 

Section-by-Section Analysis of the Legislation ...................................................... 12 

Changes in Existing Law Made by the Bill, as Reported ..................................... 14 

Committee Correspondence .................................................................................... 21 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Improving Public Access to Documents Act of 2008’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) The proliferation and widespread use of ‘‘sensitive but unclassified’’ (SBU) 

control markings by the Federal Government interferes with accurate, actionable, and timely homeland security information sharing, increases the cost of 

information security, and needlessly limits public access to information. 

(2) The control markings problem, which has worsened since the 9/11 attacks, 

causes considerable confusion about what information can be shared with whom 

both internally at the Department of Homeland Security and with its external 

partners. This problem negatively impacts the dissemination of homeland security information to the Department’s State, local, tribal, and territorial homeland security and law enforcement partners, private sector customers, and the 

public. 

(3) Overuse of ‘‘sensitive but unclassified’’ markings stands in the way of a 

safer and more secure homeland. This trend is antithetical to the creation and 

operation of the information sharing environment established under section 

1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 

485), and must be halted and reversed. 

(4) To do so, the Department should start with the understanding that all departmental information that is not properly classified, or marked as controlled 

unclassified information and otherwise exempt from disclosure, should be made 

available to members of the public pursuant to section 552 of title 5, United 

States Code (commonly referred to as the ‘‘Freedom of Information Act’’). 

(5) The Department should also develop and administer policies, procedures, 

and programs that promote compliance with applicable laws, executive orders, 

and other authorities pertaining to the proper use of controlled unclassified information markings and the National Archives and Records Administration 

policies implementing them. 

SEC. 3. CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK IMPLEMENTATION WITHIN 

THE DEPARTMENT OF HOMELAND SECURITY. 

Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 

is amended by adding at the end the following new section: 

‘‘SEC. 210F. CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK IMPLEMENTATION 

PROGRAM. 

‘‘(a) IN GENERAL.—The Secretary shall develop and administer policies, procedures, and programs within the Department to implement the controlled unclassified information framework to standardize the use of controlled unclassified markings on, and to maximize the disclosure to the public of, homeland security information, terrorism information, weapons of mass destruction information, and other information within the scope of the information sharing environment established 

under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 

(6 U.S.C. 485) that must be disseminated to prevent and to collectively respond to 

acts of terrorism. The Secretary shall coordinate with the Archivist of the United 

States and consult with representatives of State, local, tribal, and territorial government and law enforcement, organizations with expertise in civil rights, civil liberties, and government oversight, and the private sector, as appropriate, to develop 

such policies, procedures, and programs. 

‘‘(b) REQUIREMENTS.—Not later than one year after the date of the enactment of 

the Improving Public Access to Documents Act of 2008, the Secretary, in administering the policies, procedures, and programs required under subsection (a), 

shall—

‘‘(1) create, in consultation with the Archivist of the United States, a standard 

format for unclassified finished intelligence products created by the Department 

that have been designated as controlled unclassified information, consistent 

with any government-wide standards, practices or procedures for similar products; 


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‘‘(2) require that all unclassified finished intelligence products created by the 

Department that have been designated as controlled unclassified information be 

prepared in the standard format; 

‘‘(3) ensure that such policies, procedures, and programs protect the national 

security as well as the information privacy rights and legal rights of United 

States persons pursuant to all applicable law and policy, including the privacy 

guidelines for the information sharing environment established pursuant to section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 

U.S.C. 485), as appropriate; 

‘‘(4) establish an ongoing auditing mechanism administered by the Inspector 

General of the Department or other appropriate senior Department official that 

randomly selects, on a periodic basis, controlled unclassified information from 

each component of the Department, including all Department components that 

generate unclassified finished intelligence products, to—

‘‘(A) assess, on an individualized basis, whether applicable controlled unclassified information policies, procedures, rules, and regulations have been 

followed; 

‘‘(B) describe any problems with the administration of the applicable controlled unclassified information policies, procedures, rules and regulations, 

including specific non-compliance issues; 

‘‘(C) recommend improvements in awareness and training to address 

them; and 

‘‘(D) report at least annually to the Committee on Homeland Security of 

the House of Representatives and the Committee on Homeland Security 

and Governmental Affairs of the Senate, and the public on the findings of 

the Inspector General’s audits under this section; 

‘‘(5) establish a process whereby employees may challenge the use of controlled unclassified information markings by Department employees or contractors and be rewarded with specific incentives for successful challenges resulting 

in—

‘‘(A) the removal of controlled unclassified information markings; or 

‘‘(B) the correct application of appropriate controlled unclassified information markings; 

‘‘(6) inform employees and contractors that failure to comply with the policies, 

procedures, and programs established under this section could subject them to 

a series of penalties; 

‘‘(7) institute a series of penalties for employees and contractors who repeatedly fail to comply with the policies, procedures, and programs established 

under this section after having received both notice of their noncompliance and 

appropriate training or re-training to address such noncompliance; 

‘‘(8) maintain a publicly available list of all documents designated, in whole 

or in part, as controlled unclassified information by Department employees or 

contractors that—

‘‘(A) have been withheld in response to a request made pursuant to section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’); and 

‘‘(B) includes for each such withheld document a summary of the request 

and a statement that identifies the exemption under section 552(b) of title 

5, United States Code (commonly referred to as the ‘Freedom of Information 

Act’) that justified the withholding; and 

‘‘(9) create a process through which the public can notify the Inspector General of the Department of any concerns regarding the implementation of the 

controlled unclassified information framework, including the withholding of controlled unclassified information pursuant to section 552(b) of title 5, United 

States Code (commonly referred to as the ‘Freedom of Information Act’), which 

shall be considered as part of the audit described in paragraph (4). 

‘‘(c) IMPLEMENTATION.—In carrying out subsections (a) and (b), the Secretary shall 

ensure that—

‘‘(1) information is designated as controlled unclassified information and includes an authorized controlled unclassified information marking only if—

‘‘(A) a statute or executive order requires or authorizes such a designation 

and marking; or 

‘‘(B) the Secretary, through regulations, directives, or other specific guidance to the agency that have been submitted to and approved by the Archivist of the United States, determines that the information is controlled unclassified information based on mission requirements, business prudence, 

legal privilege, the protection of personal or commercial rights, safety, or security; 


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‘‘(2) notwithstanding paragraph (1), information is not to be designated as 

controlled unclassified information—

‘‘(A) to conceal violations of law, inefficiency, or administrative error; 

‘‘(B) to prevent embarrassment to Federal, State, local, tribal, or territorial governments or any official, agency, or organization thereof; any 

agency; or any organization; 

‘‘(C) to improperly or unlawfully interfere with competition in the private 

sector; 

‘‘(D) to prevent or delay the release of information that does not require 

such protection; 

‘‘(E) if it is required to be made available to the public; or 

‘‘(F) if it has already been released to the public under proper authority; 

and 

‘‘(3) the controlled unclassified information framework is administered in a 

manner that ensures that—

‘‘(A) information can be shared within the Department and with State, 

local, tribal, and territorial governments, the private sector, and the public, 

as appropriate; 

‘‘(B) all policies and standards for the designation, marking, safeguarding, 

and dissemination of controlled unclassified information are consistent with 

the controlled unclassified information framework and any other policies, 

guidelines, procedures, instructions, or standards established by the President, including in any relevant future executive memoranda or executive orders; 

‘‘(C) the number of Department employees and contractors with controlled 

unclassified information designation authority is limited appropriately as 

determined in consultation with the parties referred to in subsection (a); 

‘‘(D) controlled unclassified information markings are not a determinant 

of public disclosure pursuant to section 552 of title 5, United States Code 

(commonly referred to as the ‘Freedom of Information Act’); 

‘‘(E) controlled unclassified information markings are placed on archived 

or legacy material whenever circulated, consistent with the controlled unclassified information framework and any other policies, guidelines, procedures, instructions, or standards established by the President, including in 

any relevant future executive memoranda or executive orders; 

‘‘(F) all controlled unclassified information portions of classified documents are marked as controlled unclassified information; and 

‘‘(G) it supersedes any pre-existing policies and procedures relating to the 

creation, control, and sharing of sensitive but unclassified information generated by the Department, except where otherwise provided by law. 

‘‘(d) PUBLIC ACCESS TO UNCLASSIFIED INFORMATION.—The Secretary shall make 

available to members of the public all controlled unclassified information and other 

unclassified information in its possession that is releasable pursuant to an appropriate request under section 552 of title 5, United States Code (commonly referred 

to as the ‘Freedom of Information Act’). 

‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to prevent or discourage the Department from voluntarily releasing to the public any unclassified information that is not exempt from disclosure under section 552 of title 

5, United States Code (commonly referred to as the ‘Freedom of Information Act’).’’. 

SEC. 4. ENFORCEMENT OF CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK IMPLEMENTATION WITHIN THE DEPARTMENT OF HOMELAND SECURITY. 

Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 

is amended by adding at the end the following new section: 

‘‘SEC. 210G. ENFORCEMENT OF CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK IMPLEMENTATION PROGRAMS. 

‘‘(a) PERSONAL IDENTIFIERS.—The Secretary shall—

‘‘(1) assess the technologies available or in use at the Department by which 

an electronic personal identification number or other electronic identifying 

marker can be assigned to each Department employee and contractor with controlled unclassified information designation authority in order to—

‘‘(A) track which documents have been designated as controlled unclassified information by a particular employee or contractor; 

‘‘(B) determine the circumstances when such documents have been 

shared; 

‘‘(C) identify and address misuse of controlled unclassified information 

markings, including the misapplication of controlled unclassified information markings to documents that do not merit such markings; and 


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‘‘(D) assess the information sharing impact of any such problems or misuse; ‘‘(2) develop an implementation plan for a Department standard for such technology with appropriate benchmarks, a timetable for its completion, and cost estimate for the creation and implementation of a system of electronic personal 

identification numbers or other electronic identifying markers for all relevant 

Department employees and contractors; and ‘‘(3) upon completion of the implementation plan described in paragraph (2), 

or not later than 180 days after the date of the enactment of the Improving 

Public Access to Documents Act of 2008, whichever is earlier, the Secretary 

shall provide a copy of the plan to the Committee on Homeland Security of the 

House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. ‘‘(b) TRAINING.—The Secretary, in coordination with the Archivist of the United 

States, shall— ‘‘(1) require annual training for each Department employee and contractor 

with controlled unclassified information designation authority and who are responsible for analysis, dissemination, preparation, production, receiving, publishing, or otherwise communicating written controlled unclassified information. 

Such training shall— ‘‘(A) educate each employee and contractor about—

‘‘(i) the Department’s requirement that all unclassified finished intelligence products that they create that have been designated as controlled unclassified information be prepared in a standard format prescribed by the Department; 

‘‘(ii) the proper use of controlled unclassified information markings, 

including portion markings; and 

‘‘(iii) the consequences of improperly using controlled unclassified information markings, including the misapplication of controlled unclassified information markings to documents that do not merit such markings, and of failing to comply with the Department’s policies and procedures established under or pursuant to this section, including the negative consequences for the individual’s personnel evaluation, homeland 

security, information sharing, and the overall success of the Department’s missions; 

‘‘(B) serve as a prerequisite, once completed successfully, as evidenced by 

an appropriate certificate, for—

‘‘(i) obtaining controlled unclassified information designation authority; and 

‘‘(ii) renewing such authority annually; and 

‘‘(C) count as a positive factor, once completed successfully, in the Department’s employment, evaluation, and promotion decisions; and 

‘‘(2) ensure that such program is conducted efficiently, in conjunction with any 

other security, intelligence, or other training programs required by the Department to reduce the costs and administrative burdens associated with the additional training required by this section. 

‘‘(c) DETAILEE PROGRAM.—The Secretary shall—

‘‘(1) implement a Departmental detailee program to detail Departmental personnel to the National Archives and Records Administration for one year, for 

the purpose of—

‘‘(A) training and educational benefit for the Department personnel assigned so that they may better understand the policies, procedures, and 

laws governing the controlled unclassified information framework; 

‘‘(B) bolstering the ability of the National Archives and Records Administration to conduct its oversight authorities over the Department and other 

Departments and agencies; and 

‘‘(C) ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist of the 

United States; and 

‘‘(2) in coordination with the Archivist of the United States, report to Congress not later than 90 days after the conclusion of the first year of the program 

established under paragraph (1), on—

‘‘(A) the advisability of expanding the program on a government-wide 

basis, whereby other departments and agencies would send detailees to the 

National Archives and Records Administration; and 

‘‘(B) the administrative and monetary costs of full compliance with this 

section. 

‘‘(d) TERMINATION OF DETAILEE PROGRAM.—Except as otherwise provided by law, 

subsection (c) shall cease to have effect on December 31, 2012.’’. 


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SEC. 5. DEFINITIONS. 

Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 

is further amended by adding at the end the following new section: 

‘‘SEC. 210H. DEFINITIONS. 

‘‘In this Act: 

‘‘(1) CONTROLLED UNCLASSIFIED INFORMATION.—The term ‘controlled unclassified information’ means a categorical designation that refers to unclassified information, including unclassified information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), including unclassified homeland security information, terrorism information, and weapons of mass 

destruction information (as defined in such section) and unclassified national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 

U.S.C. 401a(5))), that does not meet the standards of National Security Classification under Executive Order 12958, as amended, but is (i) pertinent to the 

national interests of the United States or to the important interests of entities 

outside the Federal Government, and (ii) under law or National Archives and 

Records Administration policy requires safeguarding from unauthorized disclosure, special handling safeguards, or prescribed limits on exchanges or dissemination. 

‘‘(2) CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK.—The term ‘controlled unclassified information framework’ means the single set of policies and 

procedures governing the designation, marking, safeguarding, and dissemination of terrorism-related controlled unclassified information that originates in 

departments and agencies, regardless of the medium used for the display, storage, or transmittal of such information, as set forth in the President’s May 7, 

2008 Memorandum for the Heads of Executive Departments Regarding Designation and Sharing of controlled unclassified information (CUI), and in any 

relevant future executive memoranda, executive orders, or legislation. 

‘‘(3) FINISHED INTELLIGENCE PRODUCT.—The term ‘finished intelligence product’ means a document in which an intelligence analyst has evaluated, interpreted, integrated, or placed into context raw intelligence or information.’’. 

SEC. 6. TECHNICAL AMENDMENT. 

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 

U.S.C. 101(b)) is amended by adding after the item relating to section 210E the following new items: 

‘‘Sec. 210F. Controlled unclassified information framework implementation program. 

‘‘Sec. 210G. Enforcement of controlled unclassified information framework implementation programs. 

‘‘Sec. 210H. Definitions.’’. 

PURPOSE AND SUMMARY

The purpose of H.R. 6193 is to require the Secretary of Homeland Security to develop and administer policies, procedures, and 

programs to promote the implementation of the Controlled Unclassified Information Framework applicable to unclassified information that is homeland security information, terrorism information, 

weapons of mass destruction information and other information 

within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (6 U.S.C. 485), and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Final Report of the National Commission on Terrorist Attacks Upon the United States, commonly known as the ‘‘9/11 Commission Report’’, found that the Federal Intelligence Community’s 

information security policies and practices impeded the kinds of robust information sharing required to prevent and otherwise prepare for terrorist attacks. Specifically, it found that security requirements nurtured over-classification and excessive 

compartmentation of information among agencies in several respects: (1) each agency’s incentive structure opposed sharing, with 


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clear risks but few rewards for sharing information; (2) no one had 

to pay the long term costs of over-classifying information, though 

this cost is substantial; (3) there were no punishments for not sharing information; and (4) agencies upheld a ‘‘need-to-know’’ culture 

of information protection rather than promoting a ‘‘need-to-share’’ culture of integration. 

The global nature of the threats that the homeland faces today 

makes it vital that the Nation’s entire network of defenders be able 

to share information more rapidly and confidently so that those 

who must act have the information they need. The excessive 

compartmentation of information described in the 9/11 Commission 

Report involves the proliferation and overuse of sensitive but unclassified (SBU) control markings—such as For Official Use Only 

(FOUO), Law Enforcement Sensitive (LES), and Sensitive Homeland Security Information (SHSI)—to protect unclassified homeland security and other information. Although these documents do 

not include classified material, their authors believe that they nevertheless have the potential to compromise the Nation’s security if 

they become public. While it is important that the Government protect truly sensitive unclassified information, including protecting 

the privacy and other legal rights of Americans, the lack of a uniform Government-wide framework for handling SBU information 

impedes both information sharing and the intended protective function of SBU information control markings. Further, recipients of 

SBU information often do not have proper guidance on how to handle it. 

SBU information traditionally has been shared according to an 

ungoverned body of policies and practices that confuse both its producers and users. At least 107 unique markings and over 130 different labeling or handling processes and procedures for SBU information exist across the Federal Government. These processes and 

procedures fall into three general categories: (1) those that were 

created by statute or implement a statute; (2) those that were created by a Federal regulation based on a notice-and-comment rulemaking process; and (3) those that are based on individual agency 

and department directives, orders, or other administrative documents. The majority of them have been derived from documents 

that address specific agency or department missions—resulting in 

considerable inconsistency across Federal agencies and departments. This is particularly problematic when it comes to homeland 

security. According to the Government Accountability Office, Federal agencies that account for a large percentage of the homeland 

security budget reported using the most SBU information control 

markings. 

These markings are having a negative impact on the sharing of 

accurate, actionable, and timely homeland security and other information with the people who need it. Unlike classified records or ordinary agency records, there is neither monitoring of nor reporting 

on the use or impact of SBU information control markings nor is 

there a procedure for the public to challenge the use of such markings. The Committee believes that given the wide variation in control marking practices and procedures, as well as some of their features, SBU information control markings needlessly interfere with 

interagency information sharing, increase the cost of information 

security, and limit public access to vital information. The ComVerDate Aug 31 2005 06:48 Jul 29, 2008 Jkt 069006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR779.XXX HR779

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mittee further believes that the current SBU information regime 

has in many respects deterred information sharing for homeland 

security purposes—becoming, in effect, a de facto classification system in its own right. 

A Government-wide SBU information framework that is rational, 

standardized, and simplified will facilitate the creation of an Information Sharing Environment that not only supports the individual 

missions of agencies and departments but also enhances their ability to share vital terrorism information with key stakeholders. The 

President, through the Program Manager of the Information Sharing Environment, released a new Controlled Unclassified Information (CUI) Framework in May 2008 for this purpose. If implemented correctly at the Department and across the Federal Government, the framework will satisfy the dual imperatives of improving information sharing while protecting SBU information 

(now known as ‘‘CUI’’) under appropriate circumstances. This 

measure therefore requires the Department to implement the CUI 

Framework with all deliberate speed. The potential dividends for 

more and better information sharing—and homeland security—are 

enormous. 

HEARINGS

On March 22, 2007, the Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment held a hearing entitled ‘‘Over-classification and Pseudo-classification: The Impact on 

Information Sharing.’’ The Subcommittee received testimony from 

Mr. J. William Leonard, Director, Information Security Oversight 

Office, National Archives and Records Administration, Mr. Scott 

Armstrong, Founder, Information Trust, Ms. Meredith Fuchs, General Counsel, The National Security Archive, George Washington 

University, Chief Cathy L. Lanier, Metropolitan Police Department, Washington, D.C., and Mr. Michael P. Downing, Assistant 

Commanding Officer, Counter—Terrorism/Criminal Intelligence 

Bureau, Los Angeles Police Department. 

On April 26, 2007, the Subcommittee on Intelligence, Information 

Sharing, and Terrorism Risk Assessment held a hearing entitled 

‘‘The Over-Classification and Pseudo-Classification of Government 

Information: The Response of the Program Manager of the Information Sharing Environment.’’ The Subcommittee received testimony from Ambassador Thomas E. McNamara, Program Manager, 

Information Sharing Environment, Office of the Director of National Intelligence; Carter Morris, Ph.D., Director, Informational 

Sharing and Knowledge Management, Office of Intelligence and 

Analysis, Department of Homeland Security; Mr. Wayne M. Murphy, Assistant Director, Directorate of Intelligence, Federal Bureau 

of Investigation, Department of Justice, Colonel Bart R. Johnson, 

New York State Police; and Mr. Mark Zadra, Assistant Commissioner, Florida Department of Law Enforcement. 

On June 28, 2007, the Subcommittee on Intelligence, Information 

Sharing, and Terrorism Risk Assessment held a hearing entitled 

‘‘Over-Classification and Pseudo-Classification: Making DHS the 

Gold Standard for Designating Classified and Sensitive Homeland 

Security Information.’’ The Subcommittee received testimony from 

Mr. J. William Leonard, Director, Information Security Oversight 

Office, National Archives and Record Administration; Mr. Scott 


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Armstrong, Founder, Information Trust; Ms. Suzanne E. 

Spaulding, Principal, Bingham Consulting Group, LLC; and Mr. 

Mark Agrast, Senior Fellow, Center for American Progress. 

On June 11, 2008, the Subcommittee on Intelligence, Information 

Sharing, and Terrorism Risk Assessment held a hearing on H.R. 

6193. The Subcommittee received testimony from Ms. Meredith 

Fuchs, General Counsel, National Security Archive; Ms. Caroline 

Fredrickson, Director, Washington Legislative Office, American 

Civil Liberties Union; and Ms. Patrice McDermott, Director, 

OpenTheGovernment.org. 

COMMITTEE CONSIDERATION

H.R. 6193 was introduced in the House on June 5, 2008, by Ms. 

Harman, and seven original co-sponsors and referred solely to the 

Committee on Homeland Security. Within the Committee H.R. 

6193 was referred to the Subcommittee on Intelligence, Information 

Sharing, and Terrorism Risk Assessment. 

The Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment considered H.R. 6193 on June 11, 2008, 

and ordered the measure favorably forwarded to the Full Committee for consideration, amended, by unanimous consent. 

The following amendment was offered: 

An Amendment in the Nature of a Substitute offered by 

Ms. Harman (#1), was AGREED TO by unanimous consent. 

On June 26, 2008, the Committee on Homeland Security considered H.R. 6193 and ordered the measure to be reported to the 

House favorably, as amended, by voice vote. 

The following amendment was offered: 

An Amendment in the Nature of a Substitute offered by 

Ms. Harman (#1); was AGREED TO by unanimous consent. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes occured during consideration. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 6193, the 

Improving Public Access to Documents Act of 2008, would result in 

no new or increased budget authority, entitlement authority, or tax 

expenditures or revenues. 


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CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE

Washington, DC, July 10, 2008. 

Hon. BENNIE G. THOMPSON, 

Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 6193, the Improving Public Access to Documents Act of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jason Wheelock. 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure. 

H.R. 6193—Improving Public Access to Documents Act of 2008 

H.R. 6193 would make several amendments to the Homeland Security Act of 2002 designed to promote the sharing of homeland security and intelligence information by the Department of Homeland 

Security (DHS). In particular, the bill would direct the Secretary 

of DHS to develop, in consultation with the National Archives and 

Records Administration, a standard format for intelligence products 

that are designated as controlled unclassified information (CUI), 

and directs DHS to share, when appropriate, such information with 

state and local governments, the private sector, and the public. The 

bill also would require periodic auditing of information designated 

as CUI and annual training for DHS employees on the proper format for such products. 

In addition, the bill would require DHS to assess technologies 

that would allow the department to track the designation and sharing of CUI, and to develop a plan for implementing such technologies. Since the bill would not require DHS to deploy such technologies, this estimate does not include implementation costs. However, based on information from DHS and the Office of the Director 

of National Intelligence, CBO anticipates that such costs could be 

significant. 

DHS would incur small incremental costs related primarily to 

the periodic auditing of CUI and the additional training that would 

be required by the bill. Since DHS is required to monitor compliance with existing policies and has an annual training program for 

its employees, CBO estimates that the cost of implementing H.R. 

6193 would be less than $500,000 a year, assuming the availability 

of appropriated funds. Enacting the legislation would not affect direct spending or revenues. 

H.R. 6193 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 


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The CBO staff contact for this estimate is Jason Wheelock. This 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 6193 contains the following general performance goals, and objectives, including outcome related goals and 

objectives authorized. 

The Controlled Unclassified Information (CUI) Framework, 

which reduces the number of such allowable SBU markings from 

over 107 to just seven, appears to be a workable replacement for 

the out-of-control SBU information practices, policies, and procedures that have plagued the Federal Government for too long. This 

measure requires the Department of Homeland Security to adopt 

a CUI Framework Implementation Plan with rigorous policy development, training, and auditing requirements that will promote accountability and best practices as the Department operationalizes 

the new control marking regime. In so doing, it will make the Department the ‘‘gold standard’’ when it comes to getting the CUI 

Framework up and running—and working—correctly. Although a 

Government-wide implementation approach would be beneficial, 

the Department is an excellent place to start this important transition. H.R. 6193 will make the Department a center of excellence 

when it comes to using CUI control markings and a test bed for 

the rest of the Federal Government. 

The goal of this measure is to ensure that Department employees 

and contractors apply the new CUI Framework in strict accordance 

with applicable law, executive orders, and other authorities in 

order to (1) standardize the use of CUI control markings on unclassified homeland security and other information within the scope of 

the Information Sharing Environment that must be disseminated 

to prevent and to collectively respond to acts of terrorism; and (2) 

maximize the disclosure of this information to the Department’s 

State, local, and tribal partners and, as appropriate, to the public. 

To facilitate this change, this measure will accomplish several key 

objectives: (1) promote a common understanding among Department employees and contractors that CUI control markings are not 

to be used to protect political turf or to hide embarrassing facts 

from public view; (2) develop best practices that ensure that the 

Department’s use of CUI control markings adheres to applicable 

laws, executive orders, and other relevant authorities; (3) promote 

a variety of accountability measures that identify CUI control 

marking problems and their sources and recommend and implement strategies to address them; and (4) bolster public confidence 

in the Department’s homeland security and information sharing 

missions through these and other measures that promote accountability, integrity, and transparency across its intelligence enterprise. 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

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marks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(d), 9(e), or 9(f) of rule XXI. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

1, which grants Congress the power to provide for the common Defense of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section states that this measure may be cited as the ‘‘Improving Public Access to Documents Act of 2008’’. 

Section 2. Findings 

This section outlines a series of Congressional findings, including: (1) the proliferation and widespread use of ‘‘sensitive but unclassified’’ (SBU) control markings interferes with information 

sharing; increases the cost of information security; and needlessly 

limits public access to information; (2) this trend stands in the way 

of a safer homeland and must be halted and reversed; (3) accordingly, the Department of Homeland Security should start with the 

understanding that information that is not properly classified—or 

otherwise exempt from disclosure—should be made publicly available pursuant to an appropriate Freedom of Information Act 

(FOIA) request; and (4) the Department should develop and administer policies, procedures and programs that ensure that the newly 

released Controlled Unclassified Information (CUI) Framework, 

which is intended to supplant the use of SBU information control 

markings, is properly implemented. 

Section 3. Controlled Unclassified Information Framework implementation program 

This section modifies Title II of the Homeland Security Act of 

2002 (P.L. 107–296) to require the Secretary of Homeland Security 

to coordinate the development and administration of policies, procedures and programs for the implementation of the Controlled UnVerDate Aug 31 2005 06:48 Jul 29, 2008 Jkt 069006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR779.XXX HR779

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classified Information (CUI) Framework at the Department of 

Homeland Security with the Archivist of the United States and to 

consult with organizations with expertise in civil rights, civil liberties, and governmental oversight. 

This section further modifies Title II of the Homeland Security 

Act of 2002 to require the Secretary, in administering the policies, 

procedures, and programs required under this section, to (1) create 

a standard unclassified format for Finished Intelligence Products 

that have been designated as CUI; (2) require the use of that 

standard format; (3) ensure that not only the national security but 

also the privacy and other legal rights of United States persons are 

protected as part of the enforcement of the aforementioned policies, 

procedures, and programs; (4) establish, within one year of enactment, an ongoing auditing mechanism to ensure that, among other 

things, CUI policies, procedures, rules and regulations are being 

followed by Department employees and contractors; and (5) report 

to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the public on the findings of the Department’s Inspector General about whether these requirements are 

being met, identifying any problems in this regard, and recommending improvements to address them. 

This section further modifies Title II of the Homeland Security 

Act of 2002 to require the Secretary to establish a process to reward Department personnel for successful challenges to the use of 

CUI markings that result in the removal or appropriate usage of 

such markings. This section further requires the Secretary to institute a series of penalties for Department personnel who repeatedly 

fail to comply with applicable CUI policies, procedures, rules, and 

regulations after notice of their non-compliance and training or retraining to address such noncompliance. 

This section further modifies Title II of the Homeland Security 

Act of 2002 to require the Secretary to maintain a publicly available list of documents that have been designated and marked, in 

whole or in part, as CUI and which have been withheld in response 

to a FOIA request. This section further requires the Secretary to 

create a process through which the public may notify the Inspector 

General of the Department of any concerns regarding the implementation of the CUI Framework, including the withholding of 

CUI pursuant to FOIA exemptions. 

This section further modifies Title II of the Homeland Security 

Act of 2002 to require the Secretary to make available to the public, pursuant to an appropriate request under FOIA, all CUI and 

other unclassified information in its possession. It also clarifies 

that nothing in this measure shall be construed to prevent or discourage the Department from voluntarily making unclassified information available to the public. 

Section 4. Enforcement of Controlled Unclassified Information 

Framework implementation within the Department of Homeland Security 

This section modifies Title II of the Homeland Security Act of 

2002 (P.L. 107–296) to require the Secretary of Homeland Security 

to assess technologies available or already in use at the Department of Homeland Security by which an electronic personal identiVerDate Aug 31 2005 06:48 Jul 29, 2008 Jkt 069006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR779.XXX HR779

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fication number or other electronic identifying marker can be assigned to each Department employee or contractor with Controlled 

Unclassified Information (CUI) designation authority in order to 

track which documents have been designated as CUI by a particular employee; identify and address misuse of CUI markings; 

and assess the information sharing impact of such misuse. This 

section requires the Secretary to develop an implementation plan 

for such technology at the Department and establishes a deadline 

for it. 

This section further modifies Title II of the Homeland Security 

Act of 2002 to require the Secretary to develop a training program 

for the proper use of the CUI Framework for all employees and 

contractors who have CUI designation authority and who are responsible for analysis, dissemination, preparation, producing, receiving, publishing, or otherwise communicating written CUI. 

Among other things, it requires the training to address proper formats for finished intelligence products that are also CUI and the 

consequences of improper use of CUI markings. This section clarifies that such training serves as a prerequisite for obtaining CUI 

designation authority and renewing such authority annually. This 

section further requires the Secretary to coordinate with the Archivist of the United States in developing this training program. 

This section further modifies Title II of the Homeland Security 

Act of 2002 to require the Secretary to establish a detailee program 

with the United States National Archives and Records Administration (NARA) that will train Department personnel about the policies, procedures, and laws governing the CUI Framework; bolster 

NARA’s ability to conduct oversight over the Department; and ensure that Department policies are consistent with those established 

by the Archivist of the United States. 

Section 5. Definitions 

This section defines terms used in this measure. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION 

Subtitle A—Information and Analysis and Infrastructure Protection; Access to 

Information 

* * * * * * * 

Sec. 210F. Controlled unclassified information framework implementation program. 


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Sec. 210G. Enforcement of controlled unclassified information framework implementation programs. 

Sec. 210H. Definitions. 

* * * * * * * 

TITLE II—INFORMATION ANALYSIS AND 

INFRASTRUCTURE PROTECTION 

Subtitle A—Information and Analysis and 

Infrastructure Protection; Access to Information 

* * * * * * * 

SEC. 210F. CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK 

IMPLEMENTATION PROGRAM. 

(a) IN GENERAL.—The Secretary shall develop and administer 

policies, procedures, and programs within the Department to implement the controlled unclassified information framework to standardize the use of controlled unclassified markings on, and to maximize the disclosure to the public of, homeland security information, 

terrorism information, weapons of mass destruction information, 

and other information within the scope of the information sharing 

environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) that 

must be disseminated to prevent and to collectively respond to acts 

of terrorism. The Secretary shall coordinate with the Archivist of the 

United States and consult with representatives of State, local, tribal, and territorial government and law enforcement, organizations 

with expertise in civil rights, civil liberties, and government oversight, and the private sector, as appropriate, to develop such policies, procedures, and programs. 

(b) REQUIREMENTS.—Not later than one year after the date of the 

enactment of the Improving Public Access to Documents Act of 2008, 

the Secretary, in administering the policies, procedures, and programs required under subsection (a), shall—

(1) create, in consultation with the Archivist of the United 

States, a standard format for unclassified finished intelligence 

products created by the Department that have been designated 

as controlled unclassified information, consistent with any government-wide standards, practices or procedures for similar 

products; 

(2) require that all unclassified finished intelligence products 

created by the Department that have been designated as controlled unclassified information be prepared in the standard 

format; 

(3) ensure that such policies, procedures, and programs protect the national security as well as the information privacy 

rights and legal rights of United States persons pursuant to all 

applicable law and policy, including the privacy guidelines for 

the information sharing environment established pursuant to 

section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), as appropriate; 


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(4) establish an ongoing auditing mechanism administered by 

the Inspector General of the Department or other appropriate 

senior Department official that randomly selects, on a periodic 

basis, controlled unclassified information from each component 

of the Department, including all Department components that 

generate unclassified finished intelligence products, to— (A) assess, on an individualized basis, whether applicable controlled unclassified information policies, procedures, 

rules, and regulations have been followed; 

(B) describe any problems with the administration of the 

applicable controlled unclassified information policies, procedures, rules and regulations, including specific non-compliance issues; 

(C) recommend improvements in awareness and training 

to address them; and 

(D) report at least annually to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of 

the Senate, and the public on the findings of the Inspector 

General’s audits under this section; 

(5) establish a process whereby employees may challenge the 

use of controlled unclassified information markings by Department employees or contractors and be rewarded with specific incentives for successful challenges resulting in— (A) the removal of controlled unclassified information 

markings; or 

(B) the correct application of appropriate controlled unclassified information markings; 

(6) inform employees and contractors that failure to comply 

with the policies, procedures, and programs established under 

this section could subject them to a series of penalties; 

(7) institute a series of penalties for employees and contractors who repeatedly fail to comply with the policies, procedures, 

and programs established under this section after having received both notice of their noncompliance and appropriate 

training or re-training to address such noncompliance; 

(8) maintain a publicly available list of all documents designated, in whole or in part, as controlled unclassified information by Department employees or contractors that—

(A) have been withheld in response to a request made 

pursuant to section 552 of title 5, United States Code (commonly referred to as the ‘‘Freedom of Information Act’’); and 

(B) includes for each such withheld document a summary 

of the request and a statement that identifies the exemption 

under section 552(b) of title 5, United States Code (commonly referred to as the ‘‘Freedom of Information Act’’) that 

justified the withholding; and 

(9) create a process through which the public can notify the 

Inspector General of the Department of any concerns regarding 

the implementation of the controlled unclassified information 

framework, including the withholding of controlled unclassified 

information pursuant to section 552(b) of title 5, United States 

Code (commonly referred to as the ‘‘Freedom of Information 

Act’’), which shall be considered as part of the audit described 

in paragraph (4). 


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(c) IMPLEMENTATION.—In carrying out subsections (a) and (b), the 

Secretary shall ensure that—

(1) information is designated as controlled unclassified information and includes an authorized controlled unclassified information marking only if—

(A) a statute or executive order requires or authorizes 

such a designation and marking; or 

(B) the Secretary, through regulations, directives, or other 

specific guidance to the agency that have been submitted to 

and approved by the Archivist of the United States, determines that the information is controlled unclassified information based on mission requirements, business prudence, 

legal privilege, the protection of personal or commercial 

rights, safety, or security; 

(2) notwithstanding paragraph (1), information is not to be 

designated as controlled unclassified information—

(A) to conceal violations of law, inefficiency, or administrative error; 

(B) to prevent embarrassment to Federal, State, local, 

tribal, or territorial governments or any official, agency, or 

organization thereof; any agency; or any organization; 

(C) to improperly or unlawfully interfere with competition 

in the private sector; 

(D) to prevent or delay the release of information that 

does not require such protection; 

(E) if it is required to be made available to the public; 

or 

(F) if it has already been released to the public under 

proper authority; and 

(3) the controlled unclassified information framework is administered in a manner that ensures that—

(A) information can be shared within the Department 

and with State, local, tribal, and territorial governments, 

the private sector, and the public, as appropriate; 

(B) all policies and standards for the designation, marking, safeguarding, and dissemination of controlled unclassified information are consistent with the controlled unclassified information framework and any other policies, guidelines, procedures, instructions, or standards established by 

the President, including in any relevant future executive 

memoranda or executive orders; 

(C) the number of Department employees and contractors 

with controlled unclassified information designation authority is limited appropriately as determined in consultation with the parties referred to in subsection (a); 

(D) controlled unclassified information markings are not 

a determinant of public disclosure pursuant to section 552 

of title 5, United States Code (commonly referred to as the 

‘‘Freedom of Information Act’’); 

(E) controlled unclassified information markings are 

placed on archived or legacy material whenever circulated, 

consistent with the controlled unclassified information 

framework and any other policies, guidelines, procedures, 

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cluding in any relevant future executive memoranda or executive orders; 

(F) all controlled unclassified information portions of 

classified documents are marked as controlled unclassified 

information; and 

(G) it supersedes any pre-existing policies and procedures 

relating to the creation, control, and sharing of sensitive 

but unclassified information generated by the Department, 

except where otherwise provided by law. 

(d) PUBLIC ACCESS TO UNCLASSIFIED INFORMATION.—The Secretary shall make available to members of the public all controlled 

unclassified information and other unclassified information in its 

possession that is releasable pursuant to an appropriate request 

under section 552 of title 5, United States Code (commonly referred 

to as the ‘‘Freedom of Information Act’’). 

(e) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prevent or discourage the Department from voluntarily 

releasing to the public any unclassified information that is not exempt from disclosure under section 552 of title 5, United States 

Code (commonly referred to as the ‘‘Freedom of Information Act’’). 

SEC. 210G. ENFORCEMENT OF CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK IMPLEMENTATION PROGRAMS. 

(a) PERSONAL IDENTIFIERS.—The Secretary shall—

(1) assess the technologies available or in use at the Department by which an electronic personal identification number or 

other electronic identifying marker can be assigned to each Department employee and contractor with controlled unclassified 

information designation authority in order to—

(A) track which documents have been designated as controlled unclassified information by a particular employee or 

contractor; 

(B) determine the circumstances when such documents 

have been shared; 

(C) identify and address misuse of controlled unclassified 

information markings, including the misapplication of controlled unclassified information markings to documents 

that do not merit such markings; and 

(D) assess the information sharing impact of any such 

problems or misuse; 

(2) develop an implementation plan for a Department standard for such technology with appropriate benchmarks, a timetable for its completion, and cost estimate for the creation and 

implementation of a system of electronic personal identification 

numbers or other electronic identifying markers for all relevant 

Department employees and contractors; and 

(3) upon completion of the implementation plan described in 

paragraph (2), or not later than 180 days after the date of the 

enactment of the Improving Public Access to Documents Act of 

2008, whichever is earlier, the Secretary shall provide a copy of 

the plan to the Committee on Homeland Security of the House 

of Representatives and the Committee on Homeland Security 

and Governmental Affairs of the Senate. 

(b) TRAINING.—The Secretary, in coordination with the Archivist 

of the United States, shall—


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(1) require annual training for each Department employee 

and contractor with controlled unclassified information designation authority and who are responsible for analysis, dissemination, preparation, production, receiving, publishing, or 

otherwise communicating written controlled unclassified information. Such training shall—

(A) educate each employee and contractor about—

(i) the Department’s requirement that all unclassified 

finished intelligence products that they create that have 

been designated as controlled unclassified information 

be prepared in a standard format prescribed by the Department; 

(ii) the proper use of controlled unclassified information markings, including portion markings; and 

(iii) the consequences of improperly using controlled 

unclassified information markings, including the 

misapplication of controlled unclassified information 

markings to documents that do not merit such markings, and of failing to comply with the Department’s 

policies and procedures established under or pursuant 

to this section, including the negative consequences for 

the individual’s personnel evaluation, homeland security, information sharing, and the overall success of the 

Department’s missions; 

(B) serve as a prerequisite, once completed successfully, 

as evidenced by an appropriate certificate, for—

(i) obtaining controlled unclassified information designation authority; and 

(ii) renewing such authority annually; and 

(C) count as a positive factor, once completed successfully, in the Department’s employment, evaluation, and promotion decisions; and 

(2) ensure that such program is conducted efficiently, in conjunction with any other security, intelligence, or other training 

programs required by the Department to reduce the costs and 

administrative burdens associated with the additional training 

required by this section. 

(c) DETAILEE PROGRAM.—The Secretary shall—

(1) implement a Departmental detailee program to detail Departmental personnel to the National Archives and Records Administration for one year, for the purpose of—

(A) training and educational benefit for the Department 

personnel assigned so that they may better understand the 

policies, procedures, and laws governing the controlled unclassified information framework; 

(B) bolstering the ability of the National Archives and 

Records Administration to conduct its oversight authorities 

over the Department and other Departments and agencies; 

and 

(C) ensuring that the policies and procedures established 

by the Secretary remain consistent with those established 

by the Archivist of the United States; and 

(2) in coordination with the Archivist of the United States, report to Congress not later than 90 days after the conclusion of 


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the first year of the program established under paragraph (1), 

on— (A) the advisability of expanding the program on a government-wide basis, whereby other departments and agencies would send detailees to the National Archives and 

Records Administration; and 

(B) the administrative and monetary costs of full compliance with this section. 

(d) TERMINATION OF DETAILEE PROGRAM.—Except as otherwise 

provided by law, subsection (c) shall cease to have effect on December 31, 2012. 

SEC. 210H. DEFINITIONS. 

In this Act: 

(1) CONTROLLED UNCLASSIFIED INFORMATION.—The term 

‘‘controlled unclassified information’’ means a categorical designation that refers to unclassified information, including unclassified information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 

485), including unclassified homeland security information, terrorism information, and weapons of mass destruction information (as defined in such section) and unclassified national intelligence (as defined in section 3(5) of the National Security Act 

of 1947 (50 U.S.C. 401a(5))), that does not meet the standards 

of National Security Classification under Executive Order 

12958, as amended, but is (i) pertinent to the national interests 

of the United States or to the important interests of entities outside the Federal Government, and (ii) under law or National 

Archives and Records Administration policy requires safeguarding from unauthorized disclosure, special handling safeguards, or prescribed limits on exchanges or dissemination. 

(2) CONTROLLED UNCLASSIFIED INFORMATION FRAMEWORK.—

The term ‘‘controlled unclassified information framework’’

means the single set of policies and procedures governing the 

designation, marking, safeguarding, and dissemination of terrorism-related controlled unclassified information that originates in departments and agencies, regardless of the medium 

used for the display, storage, or transmittal of such information, as set forth in the President’s May 7, 2008 Memorandum 

for the Heads of Executive Departments Regarding Designation 

and Sharing of controlled unclassified information (CUI), and 

in any relevant future executive memoranda, executive orders, 

or legislation. 

(3) FINISHED INTELLIGENCE PRODUCT.—The term ‘‘finished intelligence product’’ means a document in which an intelligence 

analyst has evaluated, interpreted, integrated, or placed into 

context raw intelligence or information. 

* * * * * * * 


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