Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Public Ac-
cess 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 Depart-
ment’s State, local, and tribal homeland security, 
law enforcement, and private sector customers, and 
the public. 
(3) Overuse of ‘‘sensitive but unclassified’’ 
markings stands in the way of a safer and more se-
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cure homeland. This trend is antithetical to the cre-
ation and operation of the information sharing envi-
ronment established under section 1016 of the Intel-
ligence Reform and Terrorism Prevention Act of 
2004 (6 U.S.C. 485), and must be halted and re-
versed. 
(4) To do so, the Department should start with 
the presumption that all homeland security informa-
tion that is not properly classified, or marked as 
controlled unclassified information and otherwise ex-
empt from disclosure, should be shared with 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 prop-
er use of controlled unclassified information mark-
ings and the United States National Archives and 
Records Administration policies implementing them. 
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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 infor-
mation framework in order to maximize the disclosure to 
the public of, and to standardize the use of controlled un-
classified information control markings on, homeland se-
curity information, terrorism information, weapons of 
mass destruction information, and other information with-
in the scope of the information sharing environment estab-
lished 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 re-
spond to acts of terrorism. The Secretary shall coordinate 
with the National Archives and Records Administration 
and consult with representatives of State, local, and tribal 
government; organizations with expertise in civil rights, 
civil liberties, and government oversight; and the private 
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sector, as appropriate, to develop such policies, proce-
dures, and programs. 
‘‘(b) REQUIREMENTS.—Within 180 days of the en-
actment of this Act, the Secretary, in administering the 
policies, procedures, and programs required under sub-
section (a), shall— 
‘‘(1) create a standard format for unclassified 
finished intelligence products created by the Depart-
ment that have been designated as controlled unclas-
sified information, consistent with any government- 
wide standards, practices or procedures for similar 
products; 
‘‘(2) require that all unclassified finished intel-
ligence products created by the Department that 
have been designated as controlled unclassified infor-
mation be prepared in the standard format, when-
ever possible; 
‘‘(3) ensure that such polices, procedures, and 
programs protect 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 Intel-
ligence 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 De-
partment or other appropriate senior Department of-
ficial that randomly selects, on a periodic basis, con-
trolled unclassified information from each compo-
nent of the Department that generates unclassified 
finished intelligence products to— 
‘‘(A) assess, on an individualized basis, 
whether applicable controlled unclassified infor-
mation policies, procedures, rules, and regula-
tions have been followed; 
‘‘(B) describe any problems with the ad-
ministration of the applicable controlled unclas-
sified information policies, procedures, rules 
and regulations, including specific non-compli-
ance issues with individuals engaged in this 
work; 
‘‘(C) recommend improvements in aware-
ness and training to address them; 
‘‘(D) report at least annually to the Com-
mittee on Homeland Security of the House of 
Representatives and the Homeland Security 
and Government Affairs Committee of the Sen-
ate, and the public on the findings of the In-
spector General’s audits under this section; 
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‘‘(5) establish a process whereby employees may 
challenge the use of controlled unclassified informa-
tion markings and be rewarded with specific incen-
tives for successful challenges resulting in the re-
moval of controlled unclassified information mark-
ings; 
‘‘(6) institute a series of penalties, up to and 
including termination, for employees and contractors 
who fail to comply with the policies, procedures, and 
programs established under this section; and 
‘‘(7) maintain a publicly available list of docu-
ments designated and marked, in whole or in part, 
as controlled unclassified information, indicating 
which 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 create a process through 
which the public may seek the removal of such a 
designation and marking. 
‘‘(c) IMPLEMENTATION.—In furtherance of the re-
quirements in paragraphs (a) and (b), the Secretary shall 
ensure that: 
‘‘(1) information shall be designated as con-
trolled unclassified information and include an au-
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thorized controlled unclassified information marking 
only if: 
‘‘(A) a statute 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 ap-
proved by the Archivist of the United States, 
determines that the information is controlled 
unclassified information based on mission re-
quirements, business prudence, legal privilege, 
the protection of personal or commercial rights, 
safety, or security; 
‘‘(2) notwithstanding the provisions contained 
in paragraph (c)(1), information shall not be des-
ignated as controlled unclassified information— 
‘‘(A) to conceal violations of law, ineffi-
ciency, or administrative error; 
‘‘(B) to prevent embarrassment to the 
Federal Government or any Federal official, 
any organization, or agency; 
‘‘(C) to improperly or unlawfully interfere 
with competition in the private sector; 
‘‘(D) to prevent or delay the release of in-
formation that does not require such protection; 
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‘‘(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) controlled unclassified information 
can be shared within the Department and with 
State, local, and tribal governments, the private 
sector, and the public, as appropriate; 
‘‘(B) all policies and standards for the des-
ignation, marking, safeguarding, and dissemina-
tion of controlled unclassified information are 
consistent with the controlled unclassified infor-
mation framework and any other policies, 
guidelines, procedures, instructions, or stand-
ards established by the President; 
‘‘(C) the number of Department employees 
and contractors with original and derivative 
controlled unclassified information designation 
authority is limited appropriately as determined 
through consultation with the parties identified 
in paragraph (a); 
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‘‘(D) controlled unclassified information 
markings are not a determinant of public dis-
closure 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 ma-
terial whenever circulated, consistent with the 
controlled unclassified information framework 
and any other policies, guidelines, procedures, 
instructions, or standards established by the 
President; 
‘‘(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 infor-
mation generated by the Department, except 
where otherwise provided by law. 
‘‘(d) PUBLIC ACCESS TO UNCLASSIFIED INFORMA-
TION.—The Secretary shall make available to the public, 
pursuant to an appropriate request under section 552 of 
title 5, United States Code (commonly referred to as the 
‘Freedom of Information Act’), all controlled unclassified 
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information and other unclassified information in its pos-
session.’’. 
SEC. 4. ENFORCEMENT OF CONTROLLED UNCLASSIFIED IN-
FORMATION 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 UNCLASSI-
FIED 
INFORMATION 
FRAMEWORK 
IMPLE-
MENTATION 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 em-
ployee or contractor with controlled unclassified in-
formation designation authority in order to— 
‘‘(A) track which documents have been 
designated as controlled unclassified informa-
tion by a particular employee; 
‘‘(B) determine the circumstances when 
such documents have been shared; 
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‘‘(C) identify and address misuse of con-
trolled unclassified information markings, in-
cluding the misapplication of controlled unclas-
sified information markings to documents that 
do not merit such markings; and 
‘‘(D) assess the information sharing im-
pact of any such problems or misuse; 
‘‘(2) develop an implementation plan for a De-
partment standard for such technology with appro-
priate benchmarks, a timetable for its completion, 
and cost estimate for the creation and implementa-
tion 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 within 180 days 
of the enactment of this legislation, whichever is 
sooner, the Secretary shall provide a copy of the 
plan to the Committee on Homeland Security of the 
House of Representatives and the Homeland Secu-
rity and Government Affairs Committee of the Sen-
ate. 
‘‘(b) TRAINING.—The Secretary, in coordination with 
the Archivist of the United States, shall— 
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‘‘(1) require annual training for each Depart-
ment employee or contractor with controlled unclas-
sified information designation authority and who are 
responsible for analysis, dissemination, preparation, 
production, receiving, publishing, or otherwise com-
municating written controlled unclassified informa-
tion. 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 infor-
mation be prepared in a standard format 
prescribed by the Department; 
‘‘(ii) the proper use of controlled un-
classified information markings, including 
portion markings; and 
‘‘(iii) the consequences of improperly 
using controlled unclassified information 
markings, including the misapplication of 
controlled unclassified information mark-
ings to documents that do not merit such 
markings, and of failing to comply with the 
Department’s policies and procedures es-
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tablished 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 mis-
sions; 
‘‘(B) serve as a prerequisite, once com-
pleted successfully, as evidenced by an appro-
priate certificate, for: 
‘‘(i) obtaining controlled unclassified 
information designation authority; and 
‘‘(ii) renewing such authority annu-
ally; and 
‘‘(C) count as a positive factor, once com-
pleted successfully, in the Department’s employ-
ment, evaluation, and promotion decisions; and 
‘‘(2) ensure that such program is conducted ef-
ficiently, in conjunction with any other security, in-
telligence, or other training programs required by 
the Department to reduce the costs and administra-
tive burdens associated with the additional training 
required by this section. 
‘‘(c) DETAILEE PROGRAM.—The Secretary shall— 
‘‘(1) implement a Departmental Detailee pro-
gram to detail Departmental personnel to the United 
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States National Archives and Records Administra-
tion 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 con-
duct its oversight authorities over the Depart-
ment and other Departments and agencies; and 
‘‘(C) ensuring that the policies and proce-
dures established by the Secretary remain con-
sistent with those established by the Archivist 
of the United States; 
‘‘(2) ensure that the program established under 
paragraph (1) includes at least one individual for 
each Department office with delegated controlled un-
classified information designation authority; and 
‘‘(3) in coordination with the Archivist of the 
United States, report to Congress no later than 90 
days after the conclusion of the first year of the pro-
gram established under paragraph (1), on the advis-
ability of expanding the program on a government- 
wide basis, whereby other departments and agencies 
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would send detailees to the United States National 
Archives and Records Administration. Such report 
shall also include the administrative and monetary 
costs of full compliance with this section. 
‘‘(d) IN GENERAL.—Except as otherwise provided by 
law, subsection (c) shall cease to have effect on December 
31, 2012.’’. 
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 add-
ing at the end the following new section: 
‘‘SEC. 210H. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) CONTROLLED
UNCLASSIFIED
INFORMA-
TION.—The term ‘controlled unclassified informa-
tion’ means a categorical designation that refers to 
unclassified homeland security information; law en-
forcement information relating to terrorism; and in-
formation, as defined in the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007, 
Public Law 110–53, section 504; 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 out-
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side the Federal Government, and (ii) under law or 
United States Archives and Records Administration 
policy requires safeguarding from unauthorized dis-
closure, special handling safeguards, or prescribed 
limits on exchanges or dissemination. 
‘‘(2) CONTROLLED
UNCLASSIFIED
INFORMA-
TION FRAMEWORK.—The term ‘controlled unclassi-
fied information framework’ means the single set of 
policies and procedures governing the designation, 
marking, safeguarding, and dissemination of ter-
rorism-related controlled unclassified information 
that originates in departments and agencies, regard-
less 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 Des-
ignation and Sharing of controlled unclassified infor-
mation (CUI). 
‘‘(3) FINISHED INTELLIGENCE PRODUCT.—The 
term ‘finished intelligence product’ means a docu-
ment in which an intelligence analyst has evaluated, 
interpreted, integrated, or placed into context raw 
intelligence.’’. 
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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 fol-
lowing new items: 
‘‘210F. Controlled unclassified information framework implementation program. 
‘‘210G. Enforcement of over-classification prevention and controlled unclassified 
information framework implementation programs. 
‘‘210H. Definitions.’’. 
Æ 
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