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"Sensitive But Unclassified" and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy
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 Homeland 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 “sensitive but unclassified” (SBU) scientific and technical information; (3) summarizes current controversies about White House policy on “Sensitive But Unclassified Information,” and “Sensitive Homeland Security Information” (SHSI) issued in March 2002; and (4) identifies controversial issues which might affect the development of Office of Management and Budget (OMB) and agency guidelines for sensitive unclassified information, which are expected to be released during 2003.
Balancing Scientific Publication and National Security Concerns: Issues for Congress
There is a lack of consensus regarding the best method of balancing scientific publishing and national security. The current federal policy, as described in National Security Decision Directive 189, is that fundamental research should remain unrestricted and that in the rare case where it is necessary to restrict such information, classification is the appropriate vehicle to do so. Other mechanisms restrict international information flow, where Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) control export of items and technical information on specific lists. Both EAR and ITAR contain a fundamental research exclusion, but this exclusion is lost if prepublication review of research results for sensitive information occurs.
Balancing Scientific Publication and National Security Concerns: Issues for Congress
There is a lack of consensus regarding the best method of balancing scientific publishing and national security. The current federal policy, as described in National Security Decision Directive 189, is that fundamental research should remain unrestricted and that in the rare case where it is necessary to restrict such information, classification is the appropriate vehicle to do so. Other mechanisms restrict international information flow, where Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) control export of items and technical information on specific lists. Both EAR and ITAR contain a fundamental research exclusion, but this exclusion is lost if prepublication review of research results for sensitive information occurs.
"Sensitive But Unclassified" and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy
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 Homeland 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 “sensitive but unclassified” (SBU) scientific and technical information; (3) summarizes current controversies about White House policy on “Sensitive But Unclassified Information,” and “Sensitive Homeland Security Information” (SHSI) issued in March 2002; and (4) identifies controversial issues which might affect the development of Office of Management and Budget (OMB) and agency guidelines for sensitive unclassified information, which are expected to be released during 2003.
"Sensitive But Unclassified" and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy
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 Homeland 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 “sensitive but unclassified” (SBU) scientific and technical information; (3) summarizes current controversies about White House policy on “Sensitive But Unclassified Information,” and “Sensitive Homeland Security Information” (SHSI) issued in March 2002; and (4) identifies controversial issues which might affect the development of Office of Management and Budget (OMB) and agency guidelines for sensitive unclassified information, which are expected to be released during 2003.
Protection of Classified Information by Congress: Practices and Proposals
The protection of classified national security and other controlled information is of concern not only to the executive branch, which determines what information is to be safeguarded, for the most part,1 but also to Congress, which uses such information to fulfill its constitutional responsibilities. As a result, Congress has established procedures and mechanisms to protect controlled information in its custody. These arrangements, however, differ between the House and the Senate and among panels in each chamber. The Senate, for instance, has established an Office of Senate Security to centralize responsibility for personnel and information security, whereas the House has not created a counterpart. Proposals to change the system, some of which could prove controversial or costly, usually seek to set uniform standards or increase requirements for access. This report will be updated as conditions require.
Balancing Scientific Publication and National Security Concerns: Issues for Congress
There is a lack of consensus regarding the best method of balancing scientific publishing and national security. The current federal policy, as described in National Security Decision Directive 189, is that fundamental research should remain unrestricted and that in the rare case where it is necessary to restrict such information, classification is the appropriate vehicle to do so. Other mechanisms restrict international information flow, where Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) control export of items and technical information on specific lists. Both EAR and ITAR contain a fundamental research exclusion, but this exclusion is lost if prepublication review of research results for sensitive information occurs.
Critical Infrastructure: The National Asset Database
The purpose of this report is to discuss the National Asset Database: what is in it, how it is populated, what the Database apparently is, what it is not, and how it is intended to be used. The report also discusses some of the issues on which Congress could focus its oversight, including appropriation bill language.
"Sensitive but Unclassified" Information and Other Controls: Policy and Options for Scientific and Technical Information
This report traces the evolution of "sensitive but unclassified" or SBU-related controls; summarizes actions taken to protect certain types of scientific and technical information; describes critiques of some control policies; and summarizes proposals and actions, including congressional, executive and other initiatives, to clarify these issues and develop policies that serve various stakeholders. It also raises issues that may warrant further attention.
Presidential Libraries: The Federal System and Related Legislation [Updated November 26, 2008]
This report provides a brief overview of the federal presidential libraries system and tracks the progress of related legislation.
Freedom of Information Act (FOIA) Amendments: 109th Congress
Enacted in 1966, the Freedom of Information Act (FOIA) was designed to enable any person -- individual or corporate, regardless of citizenship -- to request, without explanation or justification, presumptive access to existing, identifiable, unpublished, executive branch agency records on any topic. The statute specified nine categories of information that may be permissibly exempted from the rule of disclosure. Disputes over the accessibility of requested records could be ultimately settled in court. The statute has become a somewhat popular tool of inquiry and information gathering for various quarters of American society. This report details the history of the Act, as well as relevant legislation and incidences and the efforts to amend the Act.
Freedom of Information Act (FOIA) Amendments: 109th Congress
This report examines efforts to amend the FOI Act, and will be updated as events warrant.
Military Service Records and Unit Histories: A Guide to Locating Sources
This report is a guide to locating individual service records and military unit histories from the American Revolution to the present.
Oversight of Dual-Use Biological Research: The National Science Advisory Board for Biosecurity
This report discusses the risks involved in federally funding "dual-use" biological research, which can apply to the creation of both biological countermeasures and biological weapons, and the establishment of the National Science Advisory Board for Biosecurity (NSABB) to aid in assessing these risk.
Freedom of Information Act Amendments: 109th Congress
This report discusses the Freedom of Information Act (FOIA), which was designed to enable any person — individual or corporate, regardless of citizenship — to request, without explanation or justification, presumptive access to existing, identifiable, unpublished, executive branch agency records on any topic.
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