[Weekly Compilation of Presidential Documents Volume 44, Number 18 (Monday, May 12, 2008)]
[Pages 673-678]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Designation and Sharing of Controlled Unclassified 
Information (CUI)

May 7, 2008

Memorandum for the Heads of Executive Departments and Agencies

Subject: Designation and Sharing of Controlled Unclassified Information 
(CUI)

Purpose

    (1) This memorandum (a) adopts, defines, and institutes ``Controlled 
Unclassified Information'' (CUI) as the single, categorical designation 
henceforth throughout the executive branch for all information within 
the scope of that definition, which includes most information heretofore 
referred to as ''Sensitive But Unclassified'' (SBU) in the Information 
Sharing Environment (ISE), and (b) establishes a corresponding new CUI 
Framework for designating, marking, safeguarding, and disseminating 
information designated as CUI. The memorandum's purpose is to 
standardize practices and thereby improve the sharing of information, 
not to classify or declassify new or additional information.

Background--The Current SBU Environment

    (2) The global nature of the threats facing the United States 
requires that (a) our Nation's entire network of defenders be able to 
share information more rapidly so those who must act have the 
information they need, and (b) the United States Government protect 
sensitive information, information privacy, and other legal rights of 
Americans. A uniform and more standardized governmentwide framework for 
what has previously been known as SBU information is essential for the 
ISE to succeed. Accordingly, this memorandum establishes a standardized 
framework designed to facilitate and enhance the sharing of Controlled 
Unclassified Information.

Definitions

    (3) In this memorandum, the following terms have the meaning 
indicated:
    a. ``Controlled Unclassified Information'' is a categorical 
designation that refers to unclassified information that does not meet 
the

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standards for National Security Classification under Executive Order 
12958, as amended, but is (i) pertinent to the national interests of the 
United States or to the important interests of entities outside the 
Federal Government, and (ii) under law or policy requires protection 
from unauthorized disclosure, special handling safeguards, or prescribed 
limits on exchange or dissemination. Henceforth, the designation CUI 
replaces ''Sensitive But Unclassified'' (SBU).
    b. ``CUI Council'' is a subcommittee of the Information Sharing 
Council (ISC), created by the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458) (IRTPA).
    c. ``CUI Framework'' refers to the single set of policies and 
procedures governing the designation, marking, safeguarding, and 
dissemination of CUI terrorism-related information that originates in 
departments and agencies, regardless of the medium used for the display, 
storage, or transmittal of such information.
    d. ``CUI Framework Standards Registry'' (the ''CUI Registry'') 
refers to the official list of, and recognized standards for, CUI 
markings including ''safeguarding,'' and ''dissemination'' maintained by 
the Executive Agent.
    e. ``Departments and Agencies'' means executive agencies as defined 
in section 105 of title 5, United States Code; the United States Postal 
Service; but not the Government Accountability Office.
    f. ``Enhanced Safeguarding'' is a handling requirement that means 
the information so designated is subject to measures more stringent than 
those normally required because inadvertent or unauthorized disclosure 
would create a risk of substantial harm. This requirement is indicated 
by the marking ''Controlled Enhanced.''
    g. ``Executive Agent'' means the National Archives and Records 
Administration (NARA).
    h. ``Information'' means any communicable knowledge or documentary 
material, regardless of its physical form or characteristics, that is 
owned by, is produced by or for, or is under the control of the Federal 
Government.
    i. ``Information Sharing Environment'' means an approach that 
facilitates the sharing of ''terrorism information,'' as defined by 
section 1016 of IRTPA.
    j. ``Safeguarding'' means measures and controls that are prescribed 
to protect controlled unclassified information.
    k. ``Sensitive But Unclassified'' refers collectively to the various 
designations used heretofore within the Federal Government for documents 
and information that are sufficiently sensitive to warrant some level of 
protection from disclosure but that do not warrant classification.
    l. ``Specified Dissemination'' is a handling instruction that means 
the information so designated is subject to additional instructions 
governing the extent to which dissemination is permitted.
    m. ``Standard Dissemination'' is a handling instruction that means 
dissemination is authorized to the extent it is reasonably believed that 
dissemination would further the execution of lawful or official mission 
purpose, provided that individuals disseminating this information do so 
within the scope of their assigned duties.
    n. ``Standard Safeguarding'' is a handling requirement that means 
the information so designated is subject to baseline safeguarding 
measures that reduce the risks of unauthorized or inadvertent 
disclosure. This requirement shall be indicated through the use of the 
marking ''Controlled.''
    o. ``Terrorism-Related Information'' means (i) information, as 
defined by Implementing Recommendations of the 9/11 Commission Act of 
2007, Public Law 110-53, section 504; (ii) homeland security 
information, as defined by 6 U.S.C. 482(f); and (iii) law enforcement 
information relating to terrorism.

Policy--The CUI Framework

    (4) The uniform use of CUI is essential to fostering an effective 
ISE. All departments and agencies shall apply the CUI Framework, which 
consists of the following policies and standards, as outlined in 
paragraphs 5-19 for the designation, marking, safeguarding, and 
dissemination of any CUI terrorism-related information within the ISE 
that originates in departments and agencies, regardless of the medium 
used for its display, storage, or transmittal.

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    (5) All CUI shall merit one of two levels of safeguarding 
procedures: standard (marked ``Controlled'') or enhanced (marked 
``Controlled Enhanced'').
    (6) All CUI shall merit one of two levels of dissemination controls: 
``Standard Dissemination'' or ``Specified Dissemination.''
    (7) All CUI shall be (a) categorized into one of three combinations 
of safeguarding procedures and dissemination controls, and (b) so 
indicated through the use of the following corresponding markings:
    (i) ``Controlled with Standard Dissemination'' meaning the 
information requires standard safeguarding measures that reduce the 
risks of unauthorized or inadvertent disclosure. Dissemination is 
permitted to the extent that it is reasonably believed that it would 
further the execution of a lawful or official purpose.
    (ii) ``Controlled with Specified Dissemination'' meaning the 
information requires safeguarding measures that reduce the risks of 
unauthorized or inadvertent disclosure. Material contains additional 
instructions on what dissemination is permitted.
    (iii) ``Controlled Enhanced with Specified Dissemination'' meaning 
the information requires safeguarding measures more stringent than those 
normally required since the inadvertent or unauthorized disclosure would 
create risk of substantial harm. Material contains additional 
instructions on what dissemination is permitted.
    (8) Any additional CUI markings may be prescribed only by the 
Executive Agent. Use of additional CUI markings is prohibited unless the 
Executive Agent determines that extraordinary circumstances warrant the 
use of additional markings.
    (9) Departments and agencies shall apply the CUI Registry's 
standards. The originator of CUI may not impose any additional 
safeguarding or dissemination requirements upon the recipient(s). No 
department or agency shall create CUI categories or rules outside the 
CUI Framework.
    (10) Recipients of CUI shall report any unauthorized or inadvertent 
disclosures to the designating agency.
    (11) All CUI shall be marked in a clear manner and conform to 
statutory and regulatory requirements, if any, regarding markings. 
Recipients of CUI that is not marked shall mark the information 
appropriately and inform the originator that it has been so marked.

    (12) Wherever possible, it is expected that departments and agencies 
will re-mark archived or legacy material when it is incorporated into 
the ISE.

    (13) CUI markings may inform but do not control the decision of 
whether to disclose or release the information to the public, such as in 
response to a request made pursuant to the Freedom of Information Act 
(FOIA).

    (14) Originating departments and agencies shall retain control of 
decisions regarding whether to disseminate CUI materials beyond their 
Standard or Specified Dissemination instructions, including any 
dissemination to the media or general public.

    (15) Material that contains both CUI and non-CUI information, or 
that contains multiple categories of CUI, should be marked accordingly 
by portions such that those categorical distinctions are apparent.

    (16) The CUI markings shall be incorporated into ISE-related 
information technology (IT) projects under development or developed in 
the future and shall be reflected in plans for new information 
technologies.

    (17) The CUI markings shall be used regardless of the medium through 
which the information appears or conveys. Oral communications should be 
prefaced with a statement describing the controls when necessary to 
ensure that recipients are aware of the information's status.

    (18) Departments or agencies shall not impose safeguarding 
requirements or dissemination controls on information in the ISE that is 
neither classified nor CUI.

    (19) When a department or agency receives CUI originating from a 
State, local, tribal, private sector, or foreign partner, any nonfederal 
legacy markings shall be retained, unless the originator authorizes its 
removal.

    (20) Implementation of the CUI Framework shall commence upon the 
date of this memorandum and shall be completed within 5 years.

[[Page 676]]

CUI Framework Implementation

    (21) The Executive Agent shall be responsible for overseeing and 
managing implementation of this CUI Framework.
    (22) The Executive Agent shall have the following authorities and 
responsibilities:
    a. Develop and issue CUI policy standards and implementation 
guidance consistent with this memorandum, including appropriate 
recommendations to State, local, tribal, private sector, and foreign 
partner entities for implementing the CUI Framework. As appropriate, 
establish new safeguarding and dissemination controls, and, upon a 
determination that extraordinary circumstances warrant the use of 
additional CUI markings, authorize the use of such additional markings;
    b. Establish and chair the CUI Council;
    c. Establish, approve, and maintain safeguarding standards and 
dissemination instructions, including ``Specified Dissemination'' 
requirements proposed by the heads of departments and agencies;
    d. Publish the CUI safeguarding and dissemination standards in the 
CUI Registry;
    e. Monitor department and agency compliance with CUI policy, 
standards, and markings;
    f. Establish baseline training requirements and develop an ISE-wide 
CUI training program to be implemented by departments and agencies;
    g. Provide appropriate information regarding the CUI Framework to 
the Congress, to State, local, tribal, and private sector entities, and 
to foreign partners;
    h. Advise the heads of departments and agencies on the resolution by 
the CUI Council of complaints and disputes among such departments and 
agencies concerning the proper designation or marking of CUI; and
    i. Establish, in consultation with affected departments and 
agencies, a process that addresses enforcement mechanisms and penalties 
for improper handling of CUI. (23) A CUI Council is hereby established 
as a subcommittee of the ISC. Its members shall be drawn from the ISC's 
membership. The CUI Council shall:
    a. Serve as the primary advisor to the Executive Agent on issues 
pertaining to the CUI Framework;
    b. Advise the Executive Agent in developing procedures, guidelines, 
and standards necessary to establish, implement, and maintain the CUI 
Framework;
    c. Ensure coordination among the departments and agencies 
participating in the CUI Framework;
    d. Advise the Executive Agent on the resolution of complaints and 
disputes among departments and agencies about proper designation or 
marking of CUI; and
    e. As appropriate, consult with the ISC's State, Local, Tribal, and 
Private Sector Subcommittee.
    (24) The head of each department and agency with possession of 
terrorism-related information shall:
    a. Ensure the implementation of the CUI Framework within such 
department or agency;
    b. Promulgate guidance for the implementation of the CUI Framework 
within such department or agency, consistent with ISE-wide CUI policies 
issued by the CUI Executive Agent, as established in paragraph 21;
    c. Adopt markings listed in the CUI Registry maintained by the 
Executive Agent as the exclusive CUI markings used by such department or 
agency, consistent with paragraphs 5-8 of this memorandum;
    d. Propose any necessary ``Specified Dissemination'' instructions to 
the Executive Agent for approval and listing in the CUI Registry;
    e. Designate an appropriately qualified senior official from within 
the department or agency as its representative on the CUI Council;
    f. Implement a CUI training program for their respective department 
or agency, based on the ISE-wide training program established by the 
Executive Agent, and ensure all appropriate personnel (i) understand CUI 
policies and procedures, and (ii) can apply them when creating, 
disseminating, or safeguarding CUI material;
    g. Establish a process that enables their respective department or 
agency to address noncompliance with the new CUI Framework within the 
agency, and ensure management and oversight issues or concerns can be 
elevated to the appropriate department or agency decision-makers;

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    h. Establish a process within their respective department or agency 
that, where appropriate, promptly raises to the Executive Agent matters 
of concern regarding the Framework; and
    i. Ensure full implementation of the CUI Framework, consistent with 
policies, guidance, and standards established by the Executive Agent, 
within 5 years of the date of this memorandum.

Designating CUI

    (25) Information shall be designated as CUI and carry an authorized 
CUI marking if:
    a. a statute requires or authorizes such a designation; or
    b. the head of the originating department or agency, through 
regulations, directives, or other specific guidance to the agency, 
determines that the information is CUI. Such determination should be 
based on mission requirements, business prudence, legal privilege, the 
protection of personal or commercial rights, safety, or security. Such 
department or agency directives, regulations, or guidance shall be 
provided to the Executive Agent for review.
    (26) Notwithstanding the above, information shall not be designated 
as CUI:
    a. to (i) conceal violations of law, inefficiency, or administrative 
error; (ii) prevent embarrassment to the Federal Government or any 
Federal official, any organization, or agency; (iii) improperly or 
unlawfully interfere with competition in the private sector; or (iv) 
prevent or delay the release of information that does not require such 
protection;
    b. if it is required to be made available to the public; or
    c. if it has already been released to the public under proper 
authority.

Exceptions to CUI

    (27) This memorandum requires that all CUI originated by departments 
and agencies and shared within the ISE shall conform to the policies and 
standards for the designating, marking, safeguarding, and disseminating 
established in accordance with this memorandum. However, infrastructure 
protection agreements not fully accommodated under the CUI Framework 
(and its associated markings, safeguarding requirements, and 
dissemination limitations) shall be considered exceptions to this CUI 
Framework. Infrastructure protection exceptions include and apply to 
information governed by or subject to the following regulations:
    a. 6 CFR Pt. 29--PCII (Protected Critical Infrastructure 
Information);
    b. 49 CFR Pts. 15 (Department of Transportation) & 1520 (Department 
of Homeland Security/Transportation Security Administration)--SSI 
(Sensitive Security Information);
    c. 6 CFR Pt. 27--CVI (Chemical Vulnerability Information); and
    d. 10 CFR Pt. 73--SGI (Safeguards Information).
    (28) The CUI Framework shall be used for such information to the 
maximum extent possible, but shall not affect or interfere with specific 
regulatory requirements for marking, safeguarding, and disseminating.
    (29) The affected department or agency is authorized to select the 
most applicable CUI safeguarding marking for the regulation. Any 
additional requirements for the safeguarding beyond that specified under 
the CUI Framework shall be appropriately registered in the CUI Registry. 
Any regulatory marking shall follow the CUI marking, and a specified 
dissemination instruction shall articulate any additional regulatory 
requirements.

General Provisions

    (30) This memorandum:
    a. shall be implemented in a manner consistent with applicable law, 
including Federal laws protecting the information privacy rights and 
other legal rights of Americans, and subject to the availability of 
appropriations;
    b. shall be implemented in a manner consistent with the statutory 
authority of the principal officers of departments and agencies as heads 
of their respective departments or agencies;
    c. shall not be construed to impair or otherwise affect the 
functions of the Director of the Office of Management and Budget 
relating to budget, administrative, and legislative proposals; and
    d. is intended only to improve the internal management of the 
Federal Government and

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is not intended to, and does not, create any rights or benefits, 
substantive or procedural, enforceable at law or in equity by a party 
against the United States, its departments, agencies, or entities, its 
officers, employees, or agents, or any other person.
                                                George W. Bush

Note: This memorandum was released by the Office of the Press Secretary 
on May 9.