[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Presidential Documents]
[Pages 26277-26280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12882]
[[Page 26275]]
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Part II
The President
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Memorandum of May 27, 2009--Classified Information and Controlled
Unclassified Information
Presidential Documents
Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 26277]]
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
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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 terrorism-related 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,
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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.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, May 27, 2009
[FR Doc. E9-12882
Filed 5-29-09; 11:15 am]
Billing code 4410-19-P