USA: Obama Memorandum re. Classified Information and Controlled Unclassified Information

THE WHITE HOUSE

Office of the Press Secretary
_______________________________________________
For Immediate Release                May 27, 2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Classified Information and Controlled Unclassified Information
<http://www.whitehouse.gov/the_press_office/Presidential-Memorandum-Classified-Information-and-Controlled-Unclassified-Information/>

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 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, 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;

(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.

Sec. 4. Publication. The Attorney General is hereby authorized and directed to
publish this memorandum in the Federal Register.

BARACK OBAMA
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