"Sensitive But Unclassified" and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy Page: 27 of 52
This report is part of the collection entitled: Congressional Research Service Reports and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
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CRS-23
In 1998, the equivalence between "sensitive" and "sensitive but unclassified"
was codified by DOD in administrative law in 32 CFR 149.3, relating to technical
surveillance countermeasures used by all federal agencies that process SBU. DoD
defined "sensitive but unclassified" by using the definition of "sensitive" that
appeared in the Computer Security Act of 1987.72
In 2002, the Department of the Interior issued guidance that "... all
unclassified DOI systems are considered SBU.73
Policies on "Sensitive but Unclassified" Information Related
to Homeland Security Released by the White House, March
2002
On March 19, 2002, the White House released a memo, signed by Chief of
Staff Andrew Card, entitled "Action to Safeguard Information Regarding Weapons
of Mass Destruction and other Sensitive Documents Related to Homeland Security."
It called for agencies to reconsider current measures for safeguarding information
regarding weapons of mass destruction and other sensitive documents related to
homeland security and "information that could be misused to harm the security of our
Nation and the safety of our people." Agencies were required to examine their
policies and holdings in accord with accompanying memos issued by the National
Archives and Records Administration (NARA) Information Security Oversight
Office (ISOO) to determine if information should be classified, including previously
1 (...continued)
- Investigative and Inquiry Data: Information associated with or resulting from criminal, civil,
security, inspector general, flight safety, or other investigations or inquiries which must be
protected from public release.
- Naval Nuclear Propulsion Information: Information concerning the design and operation of
Naval nuclear reactors and associated equipment which does not meet the criteria for
classification under Executive Order 12958. ("Contractor Performance Assessment Reporting
System, Frequently Asked Questions Page," [http://cpars.navy.mil/cparsfiles/sbu.asp].) CPARS
is the Department of the Navy's Contractor Performance Assessment Reporting System,
maintained by the Naval Sea Logistics Center, Portsmouth, New Hampshire.
72 "National Policy on Technical Surveillance Countermeasures," issued by the Office of theSecretary, Department of Defense, Federal Register, v. 63, no. 20, Jan. 30, 1998, pp. 4582-
4583, referring to 32 CFR part 149 1998;63 FR 4583, Jan. 30, 1998, citing authority as
Executive Order 12968 (69 FR 40245, 3 CFR 1995 Comp., p. 391.) The regulation defined
SBU as in the Computer Security Act of 1987 as: "Sensitive but Unclassified. Any
information, the loss, misuse, or unauthorized access to or modification of which could
adversely affect the national interest or the conduct of federal programs, or the privacy to
which individuals are entitled under 5 U.S.C. 552a, but which has not been specifically
authorized under criteria established by an Executive Order or an Act of Congress to be kept
secret in the interest of national defense or foreign policy." "Technical Surveillance
Countermeasures" was defined as "Techniques and measures to detect and nullify a wide
variety of technologies that are used to obtain unauthorized access to classified national
security information, restricted data, and/or sensitive but unclassified information."
73 Section 19.3, Scope, in section 375 DM 19, Department of the Interior, Departmental
Manual, effective data: 4/15/02.
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Knezo, Genevieve J. "Sensitive But Unclassified" and Other Federal Security Controls on Scientific and Technical Information: History and Current Controversy, report, April 2, 2003; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs5300/m1/27/?q=%22science%20policy%22: accessed May 6, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.