IB 
Union Calendar No. 498 
110TH CONGRESS 
2D SESSION 
H. R. 6193 
[Report No. 110–779] 
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 unclas-
sified information that is homeland security information, terrorism infor-
mation, 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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2008 
Ms. HARMAN (for herself, Mr. REICHERT, Mr. THOMPSON of Mississippi, Mr. 
LANGEVIN, Ms. NORTON, Mr. CARNEY, Mr. DICKS, and Ms. JACKSON- 
LEE of Texas) introduced the following bill; which was referred to the 
Committee on Homeland Security 
JULY 28, 2008 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 5, 2008] 
A BILL 
To require the Secretary of Homeland Security to develop 
and administer policies, procedures, and programs to 
promote the implementation of the Controlled Unclassi-
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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 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 se-
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curity information to the Department’s State, local, 
tribal, and territorial homeland security and law en-
forcement partners, private sector customers, and the 
public. 
(3) Overuse of ‘‘sensitive but unclassified’’ mark-
ings stands in the way of a safer and more secure 
homeland. This trend is antithetical to the creation 
and operation of the information sharing environ-
ment 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 con-
trolled 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 ad-
minister policies, procedures, and programs that pro-
mote compliance with applicable laws, executive or-
ders, and other authorities pertaining to the proper 
use of controlled unclassified information markings 
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and the National Archives and Records Administra-
tion 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 shar-
ing environment established under section 1016 of the Intel-
ligence 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 con-
sult with representatives of State, local, tribal, and terri-
torial government and law enforcement, organizations with 
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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 sub-
section (a), shall— 
‘‘(1) create, in consultation with the Archivist of 
the United States, a standard format for unclassified 
finished intelligence products created by the Depart-
ment that have been designated as controlled unclassi-
fied 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 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 infor-
mation sharing environment established pursuant to 
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section 1016 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485), as appro-
priate; 
‘‘(4) establish an ongoing auditing mechanism 
administered by the Inspector General of the Depart-
ment 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 prod-
ucts, 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 admin-
istration of the applicable controlled unclassified 
information policies, procedures, rules and regu-
lations, including specific non-compliance issues; 
‘‘(C) recommend improvements in aware-
ness and training to address them; and 
‘‘(D) report at least annually to the Com-
mittee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Sen-
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ate, and the public on the findings of the Inspec-
tor 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 
documents designated, in whole or in part, as con-
trolled unclassified information by Department em-
ployees or contractors that— 
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‘‘(A) have been withheld in response to a re-
quest 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 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, 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 consid-
ered 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, di-
rectives, 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 infor-
mation based on mission requirements, business 
prudence, legal privilege, the protection of per-
sonal 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 infor-
mation that does not require such protection; 
‘‘(E) if it is required to be made available 
to the public; or 
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sure pursuant to section 552 of title 5, United 
States Code (commonly referred to as the ‘Free-
dom of Information Act’); 
‘‘(E) controlled unclassified information 
markings are placed on archived or legacy mate-
rial whenever circulated, consistent with the con-
trolled unclassified information framework and 
any other policies, guidelines, procedures, in-
structions, or standards established by the Presi-
dent, 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 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 
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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 Depart-
ment from voluntarily releasing to the public any unclassi-
fied information that is not exempt from disclosure under 
section 552 of title 5, United States Code (commonly re-
ferred to as the ‘Freedom of Information Act’).’’. 
SEC. 4. ENFORCEMENT OF CONTROLLED UNCLASSIFIED IN-
FORMATION FRAMEWORK IMPLEMENTATION 
WITHIN THE DEPARTMENT OF HOMELAND SE-
CURITY. 
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 IMPLEMEN-
TATION PROGRAMS. 
‘‘(a) PERSONAL IDENTIFIERS.—The Secretary shall— 
‘‘(1) assess the technologies available or in use at 
the Department by which an electronic personal iden-
tification number or other electronic identifying 
marker can be assigned to each Department employee 
and contractor with controlled unclassified informa-
tion designation authority in order to— 
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‘‘(A) track which documents have been des-
ignated 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 con-
trolled unclassified information markings, in-
cluding the misapplication of controlled unclassi-
fied 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 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 
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copy of the plan to the Committee on Homeland Secu-
rity 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 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 prod-
ucts that they create that have been des-
ignated as controlled unclassified informa-
tion be prepared in a standard format pre-
scribed by the Department; 
‘‘(ii) the proper use of controlled un-
classified information markings, including 
portion markings; and 
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‘‘(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 estab-
lished under or pursuant to this section, in-
cluding the negative consequences for the in-
dividual’s personnel evaluation, homeland 
security, information sharing, and the over-
all success of the Department’s missions; 
‘‘(B) serve as a prerequisite, once completed 
successfully, as evidenced by an appropriate cer-
tificate, 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 effi-
ciently, in conjunction with any other security, intel-
ligence, or other training programs required by the 
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Department to reduce the costs and administrative 
burdens associated with the additional training re-
quired 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 conduct 
its oversight authorities over the Department 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— 
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‘‘(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 Administra-
tion; 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. 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
INFORMA-
TION.—The term ‘controlled unclassified information’ 
means a categorical designation that refers to unclas-
sified information, including unclassified information 
within the scope of the information sharing environ-
ment 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 
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mass destruction information (as defined in such sec-
tion) and unclassified national intelligence (as de-
fined 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) perti-
nent to the national interests of the United States or 
to the important interests of entities outside the Fed-
eral Government, and (ii) under law or National Ar-
chives and Records Administration policy requires 
safeguarding from unauthorized disclosure, special 
handling safeguards, or prescribed limits on ex-
changes or dissemination. 
‘‘(2) CONTROLLED UNCLASSIFIED INFORMATION 
FRAMEWORK.—The term ‘controlled unclassified in-
formation 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 De-
partments Regarding Designation and Sharing of 
controlled unclassified information (CUI), and in any 
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relevant future executive memoranda, executive or-
ders, or legislation. 
‘‘(3) FINISHED
INTELLIGENCE
PRODUCT.—The 
term ‘finished intelligence product’ means a document 
in which an intelligence analyst has evaluated, inter-
preted, integrated, or placed into context raw intel-
ligence 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 add-
ing after the item relating to section 210E the following 
new items: 
‘‘Sec. 210F. Controlled unclassified information framework implementation pro-
gram. 
‘‘Sec. 210G. Enforcement of controlled unclassified information framework imple-
mentation programs. 
‘‘Sec. 210H. Definitions.’’. 
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Union Calendar No. 498 
110TH CONGRESS 
2D SESSION 
H. R. 6193 
[Report No. 110–779] 
A BILL 
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. 
JULY 28, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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