Presidential Documents

26277 

Federal Register 

Vol. 74, No. 103 

Monday, June 1, 2009 

Title 3— 

The President 

Memorandum of May 27, 2009 

Classified Information and Controlled Unclassified Information 

Memorandum for the Heads of Executive Departments and Agencies 

As outlined in my January 21, 2009, memoranda to the heads of executive 

departments and agencies on Transparency and Open Government and on 

the Freedom of Information Act, my Administration is committed to operating 

with an unprecedented level of openness. While the Government must be 

able to prevent the public disclosure of information where such disclosure 

would compromise the privacy of American citizens, national security, or 

other legitimate interests, a democratic government accountable to the people 

must be as transparent as possible and must not withhold information for 

self-serving reasons or simply to avoid embarrassment. 

To these ends, I hereby direct the following: 

Section 1. Review of Executive Order 12958. (a) Within 90 days of the 

date of this memorandum, and after consulting with the relevant executive 

departments and agencies (agencies), the Assistant to the President for National Security Affairs shall review Executive Order 12958, as amended 

(Classified National Security Information), and submit to me recommendations and proposed revisions to the order. 

(b) The recommendations and proposed revisions shall address: 

(i) Establishment of a National Declassification Center to bring appropriate agency officials together to perform collaborative declassification 

review under the administration of the Archivist of the United States; 

(ii) Effective measures to address the problem of over classification, 

including the possible restoration of the presumption against classification, 

which would preclude classification of information where there is significant doubt about the need for such classification, and the implementation 

of increased accountability for classification decisions; 

(iii) Changes needed to facilitate greater sharing of classified information 

among appropriate parties; 

(iv) Appropriate prohibition of reclassification of material that has been 

declassified and released to the public under proper authority; 

(v) Appropriate classification, safeguarding, accessibility, and declassification of information in the electronic environment, as recommended 

by the Commission on the Intelligence Capabilities of the United States 

Regarding Weapons of Mass Destruction and others; and 

(vi) Any other measures appropriate to provide for greater openness 

and transparency in the Government’s security classification and declassification program while also affording necessary protection to the Government’s legitimate interests. 

Sec. 2. Review of Procedures for Controlled Unclassified Information. (a) 

Background. There has been a recognized need in recent years to enhance 

national security by establishing an information sharing environment that 

facilitates the sharing of terrorism-related information among government 

personnel addressing common problems across agencies and levels of government. The global nature of the threats facing the United States requires 

that our Nation’s entire network of defenders be able rapidly to share sensitive 

26278 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Presidential Documents 

but unclassified information so that those who must act have the information 

they need. 

To this end, efforts have been made to standardize procedures for designating, 

marking, and handling information that had been known collectively as 

‘‘Sensitive But Unclassified’’ (SBU) information. Sensitive But Unclassified 

refers collectively to the various designations used within the Federal Government for documents and information that are sufficiently sensitive to warrant 

some level of protection, but that do not meet the standards for national 

security classification. Because each agency has implemented its own protections for categorizing and handling SBU, there are more than 107 unique 

markings and over 130 different labeling or handling processes and procedures for SBU information. 

A Presidential Memorandum of December 16, 2005, created a process for 

establishing a single, standardized, comprehensive designation within the 

executive branch for most SBU information. A related Presidential Memorandum of May 9, 2008 (hereafter the ‘‘May 2008 Presidential Memorandum’’), adopted the phrase ‘‘Controlled Unclassified Information’’ (CUI) 

to refer to such information. That memorandum adopted, instituted, and 

defined CUI as the single designation for information within the scope 

of the CUI definition, including terrorism-related information previously 

designated SBU. The memorandum also established a CUI Framework for 

designating, marking, safeguarding, and disseminating CUI terrorism-related 

information; designated the National Archives and Records Administration 

as the Executive Agent responsible for overseeing and managing implementation of the CUI Framework, and created a CUI Council to perform an advisory 

and coordinating role. 

The May 2008 Presidential Memorandum had the salutary effect of establishing a framework for standardizing agency-specific approaches to designating terrorism-related information that is sensitive but not classified. As 

anticipated, the process of implementing the new CUI Framework is still 

ongoing and is not expected to be completed until 2013. Moreover, the 

scope of the May 2008 Presidential Memorandum is limited to terrorismrelated information within the information sharing environment. In the absence of a single, comprehensive framework that is fully implemented, the 

persistence of multiple categories of SBU, together with institutional and 

perceived technological obstacles to moving toward an information sharing 

culture, continue to impede collaboration and the otherwise authorized sharing of SBU information among agencies, as well as between the Federal 

Government and its partners in State, local, and tribal governments and 

the private sector. 

Agencies and other relevant actors should continue their efforts toward 

implementing the CUI framework. At the same time, new measures should 

be considered to further and expedite agencies’ implementation of appropriate frameworks for standardized treatment of SBU information and information sharing. 

(b) Interagency Task Force on CUI. (i) The Attorney General and the 

Secretary of Homeland Security, in consultation with the Secretary of State, 

the Archivist of the United States, the Director of the Office of Management 

and Budget, the Director of National Intelligence, the Program Manager, 

Information Sharing Environment (established in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended (6 U.S.C. 

485)), and the CUI Council (established in the May 2008 Presidential Memorandum), shall lead an Interagency Task Force on CUI (Task Force). The 

Task Force shall be composed of senior representatives from a broad range 

of agencies from both inside and outside the information sharing environment. 

(ii) The objective of the Task Force shall be to review current procedures 

for categorizing and sharing SBU information in order to determine whether 

such procedures strike the proper balance among the relevant imperatives. 

These imperatives include protecting legitimate security, law enforcement, 

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Presidential Documents 26279 

and privacy interests as well as civil liberties, providing clear rules to 

those who handle SBU information, and ensuring that the handling and 

dissemination of information is not restricted unless there is a compelling 

need. The Task Force shall also consider measures to track agencies’ 

progress with implementing the CUI Framework, other measures to enhance 

implementation of an effective information sharing environment across 

agencies and levels of government, and whether the scope of the CUI 

Framework should remain limited to terrorism-related information within 

the information sharing environment or be expanded to apply to all SBU 

information. 

(iii) Within 90 days of the date of this memorandum, the Task Force 

shall submit to me recommendations regarding how the executive branch 

should proceed with respect to the CUI Framework and the information 

sharing environment. The recommendations shall recognize and reflect 

a balancing of the following principles: 

(A) A presumption in favor of openness in accordance with my 

memoranda of January 21, 2009, on Transparency and Open Government and on the Freedom of Information Act; 

(B) The value of standardizing the procedures for designating, marking, and handling all SBU information; and 

(C) The need to prevent the public disclosure of information where 

disclosure would compromise privacy or other legitimate interests. 

Sec. 3. General Provisions. (a) The heads of agencies shall assist and provide 

information to the Task Force, consistent with applicable law, as may be 

necessary to carry out the functions of their activities under this memorandum. Each agency shall bear its own expense for participating in the 

Task Force. 

(b) Nothing in this memorandum shall be construed to impair or otherwise 

affect: 

(i) Authority granted by law or Executive Order to an agency, or the 

head thereof; or 

(ii) Functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(c) This memorandum shall be implemented consistent with applicable 

law and subject to the availability of appropriations. 

(d) This memorandum is not intended to, and does not, create any right 

or benefit, substantive or procedural, enforceable at law or in equity by 

any party against the United States, its departments, agencies, or entities, 

its officers, employees, or agents, or any other person. 

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Sec. 4. Publication. The Attorney General is hereby authorized and directed 

to publish this memorandum in the Federal Register. 

THE WHITE HOUSE, 

Washington, May 27, 2009 

[FR Doc. E9–12882 

Filed 5–29–09; 11:15 am] 

Billing code 4410–19–P 


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