110TH CONGRESS 
2D SESSION 
H. R. 6193 
AN ACT 
To require the Secretary of Homeland Security to develop 
and administer policies, procedures, and programs to 
promote the implementation of the Controlled Unclassi-
fied Information Framework applicable to unclassified 
information that is homeland security information, ter-
rorism information, weapons of mass destruction infor-
mation and other information within the scope of the 
information sharing environment established under sec-
tion 1016 of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (6 U.S.C. 485), and for other pur-
poses.
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, tribal, and territorial homeland 
security and law enforcement partners, private sec-
tor customers, and the public. 
(3) Overuse of ‘‘sensitive but unclassified’’ 
markings stands in the way of a safer and more se-
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 understanding that all departmental information 
that is not properly classified, or marked as con-
trolled unclassified information and otherwise ex-
empt 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 prop-
er use of controlled unclassified information mark-
ings and the National Archives and Records Admin-
istration 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 infor-
mation framework to standardize the use of controlled un-
classified markings on, and to maximize the disclosure to 
the public of, homeland security information, terrorism in-
formation, 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 Sec-
retary shall coordinate with the Archivist of the United 
States and consult with representatives of State, local, 
tribal, and territorial government and law enforcement, or-
ganizations with expertise in civil rights, civil liberties, and 
government oversight, and the private sector, as appro-
priate, 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 sub-
section (a), shall— 
‘‘(1) create, in consultation with the Archivist 
of the United States, a standard format for unclassi-
fied finished intelligence products created by the De-
partment that have been designated as controlled 
unclassified information, consistent with any govern-
ment-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; 
‘‘(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 infor-
mation sharing environment established pursuant to 
section 1016 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (6 U.S.C. 485), as 
appropriate;
‘‘(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, including all Department 
components that generate unclassified finished intel-
ligence products, to— 
‘‘(A) assess whether applicable controlled 
unclassified information policies, procedures, 
rules, and regulations 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; 
‘‘(C) recommend improvements in aware-
ness and training to address any problems iden-
tified in subparagraph (B); and 
‘‘(D) report at least annually to the Com-
mittee on Homeland Security of the House of 
Representatives and the Committee on Home-
land 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 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,
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—
‘‘(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;
‘‘(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);
‘‘(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
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-
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-
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;
‘‘(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
‘‘(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-
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
unclassified information, including unclassified infor-
mation 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 home-
land security information, terrorism information, 
and weapons of mass destruction information (as de-
fined in such section) and unclassified national intel-
ligence (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 inter-
ests of the United States or to the important inter-
ests of entities outside the Federal Government, and 
(ii) under law or National Archives and Records Ad-
ministration policy requires safeguarding from unau-
thorized disclosure, 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), and in any relevant future executive 
memoranda, executive orders, or legislation. 
‘‘(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 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 fol-
lowing new items: 
‘‘Sec. 210F. Controlled unclassified information framework implementation pro-
gram. 
‘‘Sec. 210G. Enforcement of controlled unclassified information framework im-
plementation programs. 
‘‘Sec. 210H. Definitions.’’. 
Passed the House of Representatives July 30, 2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 6193 
AN ACT 
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 infor-
mation, weapons of mass destruction information 
and other information within the scope of the in-
formation sharing environment established under 
section 1016 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (6 U.S.C. 485), 
and for other purposes.