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

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.

Open PDF

Document Details

Document Type
Technical Report
Publication Date
Dec 29, 2006
Accession Number
ADA467255

Entities

People

  • Genevieve J. Knezo

Organizations

  • Library of Congress

Tags

Communities of Interest

  • Biomedical
  • Cyber
  • Human Systems
  • Space

DTIC Thesaurus Topics

  • Biological Sciences
  • Congress
  • Control Systems
  • Cybersecurity
  • Employment
  • Environment
  • Health Services
  • Information Systems
  • Intellectual Property
  • International Relations
  • Management Personnel
  • Materials Science
  • Medical Personnel
  • National Security
  • Personnel Management
  • Public Policy
  • Security Personnel

Readers

  • Enterprise Information Systems Architecture and Joint Command Capability Interoperability Support.
  • Geospatial Intelligence and Artificial Intelligence Analytics
  • Strategic Security Studies