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‘‘(5) establish a process whereby employees may 
challenge the use of controlled unclassified informa-
tion markings by Department employees or contrac-
tors and be rewarded with specific incentives for suc-
cessful 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 fail-
ure to comply with the policies, procedures, and pro-
grams 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 doc-
uments 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, 
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United States Code (commonly referred to as 
the ‘Freedom of Information Act’); and 
‘‘(B) includes for each such withheld docu-
ment a summary of the request and a state-
ment that identifies the exemption under sec-
tion 552(b) of title 5, United States Code (com-
monly referred to as the ‘Freedom of Informa-
tion 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, in-
cluding the withholding of controlled unclassified in-
formation pursuant to section 552(b) of title 5, 
United States Code (commonly referred to as the 
‘Freedom of Information Act’), which shall be con-
sidered 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 un-
classified information and includes an authorized 
controlled unclassified information marking only if— 
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‘‘(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 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 paragraph (1), informa-
tion is not to be designated as controlled unclassified 
information— 
‘‘(A) to conceal violations of law, ineffi-
ciency, 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 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) 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 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, including in 
any relevant future executive memoranda or ex-
ecutive orders; 
‘‘(C) the number of Department employees 
and contractors with controlled unclassified in-
formation designation authority is limited ap-
propriately as determined in consultation with 
the parties referred to in subsection (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, including in any relevant future exec-
utive 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 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 members of 
the public all controlled unclassified information and other 
unclassified information in its possession that is releasable 
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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 sec-
tion shall be construed to prevent or discourage the De-
partment from voluntarily releasing to the public any un-
classified information that is not exempt from disclosure 
under section 552 of title 5, United States Code (com-
monly referred to as the ‘Freedom of Information Act’).’’. 
SEC. 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-
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ployee and 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 or contractor; 
‘‘(B) determine the circumstances when 
such documents have been shared; 
‘‘(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 not later than 
180 days after the date of the enactment of the Im-
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proving Public Access to Documents Act of 2008, 
whichever is earlier, the Secretary shall provide a 
copy of the plan to the Committee on Homeland Se-
curity of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate. 
‘‘(b) TRAINING.—The Secretary, in coordination with 
the Archivist of the United States, shall— 
‘‘(1) require annual training for each Depart-
ment employee and contractor with controlled un-
classified information designation authority or those 
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; 
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‘‘(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-
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 
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‘‘(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 Na-
tional 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 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-
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sistent 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 pro-
gram established under paragraph (1), on— 
‘‘(A) the advisability of expanding the pro-
gram 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.—Ex-
cept 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 
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