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"Sensitive But Unclassified" Information and Other Controls: Policy and Options for Scientific and Technical Information

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Author(s)
Knezo, Genevieve J.
Contributor(s)
LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE
Keywords
Information Science
Government and Political Science
*UNITED STATES GOVERNMENT
*INFORMATION SECURITY
POLICIES
DOCUMENTS
SCIENTIFIC RESEARCH
*S&T(SCIENTIFIC AND TECHNICAL) INFORMATION
*SBU(SENSITIVE BUT UNCLASSIFIED)
SENSITIVE INFORMATION

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URI
http://hdl.handle.net/20.500.12424/2510977
Online Access
http://oai.dtic.mil/oai/oai?&verb=getRecord&metadataPrefix=html&identifier=ADA467255
Abstract
Since the September 11, 2001 terrorist attacks, controls increasingly have been placed on some unclassified research and S&T information, including that used to inform decision making and citizen oversight. These controls include "sensitive but unclassified" (SBU) labels; restrictive contract clauses; visa controls; controlled laboratories; and wider legal restrictions on access to some federal biological, transportation, critical infrastructure, geospatial, environmental impact, and nuclear information. Federal agencies do not have uniform definitions of SBU or consistent policies to safeguard or release it. Following the 2001 terrorist attacks, the Bush Administration issued guidance that reversed the Clinton Administration's "presumption of disclosure" approach to releasing information under Freedom of Information Act (FOIA) and cautioned agencies to consider withholding SBU information if there was a "sound legal basis" to do so. Some agencies contend that SBU information is exempt from disclosure under FOIA, even though such information per se is not exempt under FOIA. During the 109th Congress, P.L. 109-90 and P.L. 109-295 focused on management, oversight, and appropriate use of the sensitive security information (SSI) category. Legislative proposals focused on standardizing concepts of "sensitive" information; modifying penalties for disclosure; and clarifying FOIA. During the 110th Congress, additional topics likely to be controversial include limiting the number of persons who can designate SBU; widening the use of risk-based approaches to control; centralizing review, handling, and appeals; and evaluating the impact of federal policies on nongovernmental professional groups' prepublication review and self-policing of sensitive research.
CRS Report for Congress.
Date
2006-12-29
Type
Text
Identifier
oai:ADA467255
http://oai.dtic.mil/oai/oai?&verb=getRecord&metadataPrefix=html&identifier=ADA467255
Copyright/License
Approved for public release; distribution is unlimited.
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