[House Report 110-779]
[From the U.S. Government Publishing Office]



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
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;
          ``(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;
          ``(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
                  ``(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.''.

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 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 Committee 
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 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.

                  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.
    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

     In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, 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 Unclassified 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 re-training 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 identification 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.
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;
          (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;
          (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. 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--
          (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.

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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