Rep. Frank Wolf (R-VA) placed two “sensitive but unclassified” (SBU) State Department documents in the Congressional Record last week, illustrating the informal, non-binding character of this information control marking.
Rep. Wolf took to the House floor to express his views on the Council on American-Islamic Relations (CAIR), an advocacy organization that he said had unacceptable links to terrorist groups. CAIR has generally disputed such allegations.
But what is of interest here is Rep. Wolf’s willingness to introduce two State Department cables that are specifically marked “sensitive” and “SBU” and to place them in the public record. Doing so might annoy the State Department and violate unofficial norms of confidentiality, but it breaks no law.
The problematic aspect of SBU and similar labels is that anyone can mark anything “sensitive” or “for official use only” for any reason. The system is completely unregulated. But the flip side is that records bearing such markings are not rigorously protected and in fact are often openly distributed.
As the government moves to replace all kinds of SBU markings with a more uniform “controlled unclassified information” (CUI) system, the expectation is that the standards for applying controls on sensitive but unclassified records will be more clearly articulated, limited and enforced. By the same token, however, the freewheeling disclosure of such records may grind to a halt. It’s hard to know in advance if the benefits in terms of public access to government information will exceed the costs.
Over the past few months, the Trump administration has been laying the foundation to expand the use of the Defense Production Act (DPA) for energy infrastructure and supply chains.
Get it right, and pooled hiring becomes a model for how the federal government decides what to do together and what to do apart. That’s a bigger prize than faster hiring. It’s a more functional government.
As of March 2026, there were at least nine documented U.S. wrongful arrests tied to face recognition misidentification. Errors like these are as much human as machine.
No one will be surprised if we end up with a continuing resolution to push our shutdown deadline out past the midterms, so the real question is what else will they get done this summer?