SBU Gets New Letters and Maybe a Better Policy

The Department of Defense (DoD) is finalizing policies to streamline categories used to restrict technically unclassified documents. The new policy to eliminate the multiple agency-specific "Sensitive But Unclassified" (SBU) procedures and replace them with a common set of "Controlled Unclassified Information" (CUI) standards is currently under presidential review.

Since 9/11, federal agencies have been extremely cautious in sharing information with other agencies, the public, and the private sector. The multitude of SBU categories, agency subjective definitions, and unclear disclosure policies create a breeding ground for unchecked government secrecy. Adding to the confusion are category names used at multiple agencies but with different meanings and dissemination standards. For example, the Law Enforcement Sensitive (LES) category is used in ten agencies with different levels of restriction on disclosure. Given that designations do not include an indication of the source agency, it is frequently difficult to accurately determine the correct level of protection information should receive. The goal of the CUI standards is to establish a system that will be simple, "easily understood," and identical across agencies.

Standardizing SBU categories has long been in the making.

  • In December 2005, President Bush issued a memorandum specifically directing that SBU procedures be standardized across the government.
  • In April 2006, the Government Accountability Office issued a report that highlighted the lack of consistency both within and among agencies.
  • In April 2007, Information Sharing Environment (ISE) program manager Amb. Thomas E. McNamara testified before Congress that over 100 SBU categories exist, many redundant and/or contradictory.
  • In December 2007, the ISE issued a memorandum to prepare government officials for this administrative overhaul.

The focus thus far has been on eliminating inefficiencies and enabling smoother government operations with little concern for public access to the information. An overhaul of the SBU procedures could also greatly increase the public's access to information previously withheld from the public because of confusion and uncertainty over the handling of SBU information. The lack of clarity about disclosing SBU information has caused agencies to be overly conservative, restricting many documents unnecessarily. Though not mentioned in government information sharing plans, the new CUI standards could correct some of these problems.

President Bush is expected to approve the new policy shortly.

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