{ "id": "RL31845", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31845", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 101569, "date": "2004-02-20", "retrieved": "2016-04-08T14:27:09.257629", "title": "\"Sensitive But Unclassified\" and Other Federal Security Controls on Scientific and Technical Information: Background on the Controversy", "summary": "The U.S. Government has always protected scientific and technical information that might\ncompromise national security. Since the 2001 terrorist attacks, controls have been widened on\naccess to information and scientific components that could threaten national security. The policy\nchallenge is to balance science and security without compromising national security, scientific\nprogress, and constitutional and statutory protections. This report summarizes (1) provisions of the\nPatent Law; Atomic Energy Act; International Traffic in Arms Control regulations; the USA\nPATRIOT Act, P.L. 107-56 ; the Public Health Security and Bioterrorism Preparedness and Response\nAct of 2002, P.L. 107-188 ; and the Homeland Security Act, P.L. 107-296 , that permit governmental\nrestrictions on either privately generated or federally owned scientific and technical information that\ncould harm national security; (2) the evolution of federal concepts of \"sensitive but unclassified\"\n(SBU) information; (3) controversies about pending Department of Homeland Security guidance on\nfederal SBU and \"Sensitive Homeland Security Information\" (SHSI); and (4) policy options.\n Even before the terrorist attacks of 2001, federal agencies used the label SBU to safeguard from\npublic disclosure information that does not meet standards for classification in Executive Order\n12958 or National Security Decision Directive 189. New Executive Order 13292 might widen the\nscope of scientific and technological information to be classified to deter terrorism. SBU has not\nbeen defined in statutory law. When using the term, some agencies refer to definitions for controlled\ninformation, such as \"sensitive,\" in the Computer Security Act, and to information exempt from\ndisclosure in the Freedom of Information Act (FOIA) and the Privacy Act. The identification of\ninformation to be released pursuant to these laws may be discretionary, subject to agency\ninterpretation and risk analysis. The White House and the Department of Justice recently widened\nthe applicability of SBU. \n Critics say the lack of a clear SBU definition complicates designing policies to safeguard such\ninformation and that, if information needs to be safeguarded, it should be classified. Others say that\nwider controls will deny access to information needed for oversight and scientific communication. \n P.L. 107-296 required the President to issue guidance on safeguarding SBU homeland security\ninformation, a function assigned to the Department of Homeland Security Secretary in Executive\nOrder 13311; action is pending. Issues of possible interest to Congress include designing uniform\nconcepts and procedures to share and safeguard SBU information; standardizing penalties for\nunauthorized disclosure; designing an appeals process; assessing the pros and cons of wider SBU\ncontrols; and evaluating the implications of giving some research agency heads original\nclassification authority. On February 20, 2004, DHS published a rule to protect voluntarily\nsubmitted critical infrastructure information. Some professional groups are starting to limit\npublication of some \"sensitive\" privately controlled scientific and technical information. Their\nactions may be guided by federal policy. This report will not be updated.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL31845", "sha1": "6056fa40ef5d7ba0acb82ec351acf74d3780b6a4", "filename": "files/20040220_RL31845_6056fa40ef5d7ba0acb82ec351acf74d3780b6a4.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31845", "sha1": "e4c4bf68da325b5a314d6079bf3c11cef2934bce", "filename": "files/20040220_RL31845_e4c4bf68da325b5a314d6079bf3c11cef2934bce.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs5301/", "id": "RL31845 2003-07-02", "date": "2003-07-02", "retrieved": "2005-06-12T03:51:46", "title": "\"Sensitive But Unclassified\" and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy", "summary": "This report (1) summarizes provisions of several laws and regulations, including the Patent Law, the Atomic Energy Act, International Traffic in Arms Control regulations, the USA PATRIOT Act (P.L. 107-56), the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107-188), and the\r\nHomeland SecurityAct (P.L. 107-296), that permit the federal government to restrict disclosure of scientific and technical information that could harm national security; (2) describes the development of federal controls on \u201csensitive but unclassified\u201d\r\n(SBU) scientific and technical information; (3) summarizes current controversies about White House policy on \u201cSensitive But Unclassified Information,\u201d and \u201cSensitive Homeland Security Information\u201d (SHSI) issued in March 2002; and (4) identifies controversial issues which might affect the development of Office of\r\nManagement and Budget (OMB) and agency guidelines for sensitive unclassified information, which are expected to be released during 2003.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20030702_RL31845_acf5fd8a4a30c9000ef7e4e04b34f0d77b2fc65c.pdf" }, { "format": "HTML", "filename": "files/20030702_RL31845_acf5fd8a4a30c9000ef7e4e04b34f0d77b2fc65c.html" } ], "topics": [ { "source": "LIV", "id": "Science policy", "name": "Science policy" }, { "source": "LIV", "id": "Security classification (Government documents)", "name": "Security classification (Government documents)" }, { "source": "LIV", "id": "Selective dissemination of information", "name": "Selective dissemination of information" }, { "source": "LIV", "id": "Communication in science - National policy", "name": "Communication in science - National policy" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Communications", "name": "Communications" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs5300/", "id": "RL31845 2003-04-02", "date": "2003-04-02", "retrieved": "2005-06-12T03:50:24", "title": "\"Sensitive But Unclassified\" and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy", "summary": "This report (1) summarizes provisions of several laws and regulations, including the Patent Law, the Atomic Energy Act, International Traffic in Arms Control regulations, the USA PATRIOT Act (P.L. 107-56), the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107-188), and the\r\nHomeland Security Act (P.L. 107-296), that permit the federal government to restrict disclosure of scientific and technical information that could harm national security; (2) describes the development of federal controls on \u201csensitive but unclassified\u201d (SBU) scientific and technical information; (3) summarizes current controversies about White House policy on \u201cSensitive But Unclassified Information,\u201d and \u201cSensitive Homeland Security Information\u201d (SHSI) issued in March 2002; and (4) identifies controversial issues which might affect the development of Office of\r\nManagement and Budget (OMB) and agency guidelines for sensitive unclassified information, which are expected to be released during 2003.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20030402_RL31845_ca776bb448f223e77df5c5988b22ca7d09056d3c.pdf" }, { "format": "HTML", "filename": "files/20030402_RL31845_ca776bb448f223e77df5c5988b22ca7d09056d3c.html" } ], "topics": [ { "source": "LIV", "id": "Science policy", "name": "Science policy" }, { "source": "LIV", "id": "Security classification (Government documents)", "name": "Security classification (Government documents)" }, { "source": "LIV", "id": "Selective dissemination of information", "name": "Selective dissemination of information" }, { "source": "LIV", "id": "Communication in science - National policy", "name": "Communication in science - National policy" }, { "source": "LIV", "id": "Government information", "name": "Government information" }, { "source": "LIV", "id": "Communications", "name": "Communications" } ] } ], "topics": [ "Constitutional Questions", "Foreign Affairs", "Intelligence and National Security", "Science and Technology Policy" ] }