Controlled Unclassified Information, 68675-68677 [2010-28360]

Agencies

• Executive Office of the President
• Presidential Documents

[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Presidential Documents]
[Pages 68675-68677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28360]




                        Presidential Documents 



Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 68675]]

                Executive Order 13556 of November 4, 2010

                
Controlled Unclassified Information

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Purpose. This order establishes an open and 
                uniform program for managing information that requires 
                safeguarding or dissemination controls pursuant to and 
                consistent with law, regulations, and Government-wide 
                policies, excluding information that is classified 
                under Executive Order 13526 of December 29, 2009, or 
                the Atomic Energy Act, as amended.

                At present, executive departments and agencies 
                (agencies) employ ad hoc, agency-specific policies, 
                procedures, and markings to safeguard and control this 
                information, such as information that involves privacy, 
                security, proprietary business interests, and law 
                enforcement investigations. This inefficient, confusing 
                patchwork has resulted in inconsistent marking and 
                safeguarding of documents, led to unclear or 
                unnecessarily restrictive dissemination policies, and 
                created impediments to authorized information sharing. 
                The fact that these agency-specific policies are often 
                hidden from public view has only aggravated these 
                issues.

                To address these problems, this order establishes a 
                program for managing this information, hereinafter 
                described as Controlled Unclassified Information, that 
                emphasizes the openness and uniformity of Government-
                wide practice.

                Sec. 2. Controlled Unclassified Information (CUI).

                    (a) The CUI categories and subcategories shall 
                serve as exclusive designations for identifying 
                unclassified information throughout the executive 
                branch that requires safeguarding or dissemination 
                controls, pursuant to and consistent with applicable 
                law, regulations, and Government-wide policies.
                    (b) The mere fact that information is designated as 
                CUI shall not have a bearing on determinations pursuant 
                to any law requiring the disclosure of information or 
                permitting disclosure as a matter of discretion, 
                including disclosures to the legislative or judicial 
                branches.
                    (c) The National Archives and Records 
                Administration shall serve as the Executive Agent to 
                implement this order and oversee agency actions to 
                ensure compliance with this order.

                Sec. 3. Review of Current Designations.

                    (a) Each agency head shall, within 180 days of the 
                date of this order:

(1) review all categories, subcategories, and markings used by the agency 
to designate unclassified information for safeguarding or dissemination 
controls; and

(2) submit to the Executive Agent a catalogue of proposed categories and 
subcategories of CUI, and proposed associated markings for information 
designated as CUI under section 2(a) of this order. This submission shall 
provide definitions for each proposed category and subcategory and identify 
the basis in law, regulation, or Government-wide policy for safeguarding or 
dissemination controls.

                    (b) If there is significant doubt about whether 
                information should be designated as CUI, it shall not 
                be so designated.

                Sec. 4. Development of CUI Categories and Policies.

[[Page 68676]]

                    (a) On the basis of the submissions under section 3 
                of this order or future proposals, and in consultation 
                with affected agencies, the Executive Agent shall, in a 
                timely manner, approve categories and subcategories of 
                CUI and associated markings to be applied uniformly 
                throughout the executive branch and to become effective 
                upon publication in the registry established under 
                subsection (d) of this section. No unclassified 
                information meeting the requirements of section 2(a) of 
                this order shall be disapproved for inclusion as CUI, 
                but the Executive Agent may resolve conflicts among 
                categories and subcategories of CUI to achieve 
                uniformity and may determine the markings to be used.
                    (b) The Executive Agent, in consultation with 
                affected agencies, shall develop and issue such 
                directives as are necessary to implement this order. 
                Such directives shall be made available to the public 
                and shall provide policies and procedures concerning 
                marking, safeguarding, dissemination, and decontrol of 
                CUI that, to the extent practicable and permitted by 
                law, regulation, and Government-wide policies, shall 
                remain consistent across categories and subcategories 
                of CUI and throughout the executive branch. In 
                developing such directives, appropriate consideration 
                should be given to the report of the interagency Task 
                Force on Controlled Unclassified Information published 
                in August 2009. The Executive Agent shall issue initial 
                directives for the implementation of this order within 
                180 days of the date of this order.
                    (c) The Executive Agent shall convene and chair 
                interagency meetings to discuss matters pertaining to 
                the program established by this order.
                    (d) Within 1 year of the date of this order, the 
                Executive Agent shall establish and maintain a public 
                CUI registry reflecting authorized CUI categories and 
                subcategories, associated markings, and applicable 
                safeguarding, dissemination, and decontrol procedures.
                    (e) If the Executive Agent and an agency cannot 
                reach agreement on an issue related to the 
                implementation of this order, that issue may be 
                appealed to the President through the Director of the 
                Office of Management and Budget.
                    (f) In performing its functions under this order, 
                the Executive Agent, in accordance with applicable law, 
                shall consult with representatives of the public and 
                State, local, tribal, and private sector partners on 
                matters related to approving categories and 
                subcategories of CUI and developing implementing 
                directives issued by the Executive Agent pursuant to 
                this order.

                Sec. 5. Implementation.

                    (a) Within 180 days of the issuance of initial 
                policies and procedures by the Executive Agent in 
                accordance with section 4(b) of this order, each agency 
                that originates or handles CUI shall provide the 
                Executive Agent with a proposed plan for compliance 
                with the requirements of this order, including the 
                establishment of interim target dates.
                    (b) After a review of agency plans, and in 
                consultation with affected agencies and the Office of 
                Management and Budget, the Executive Agent shall 
                establish deadlines for phased implementation by 
                agencies.
                    (c) In each of the first 5 years following the date 
                of this order and biennially thereafter, the Executive 
                Agent shall publish a report on the status of agency 
                implementation of this order.

                Sec. 6. General Provisions.

                    (a) This order shall be implemented in a manner 
                consistent with:

(1) applicable law, including protections of confidentiality and privacy 
rights;

(2) the statutory authority of the heads of agencies, including authorities 
related to the protection of information provided by the private sector to 
the Federal Government; and

[[Page 68677]]

(3) applicable Government-wide standards and guidelines issued by the 
National Institute of Standards and Technology, and applicable policies 
established by the Office of Management and Budget.

                    (b) The Director of National Intelligence 
                (Director), with respect to the Intelligence Community 
                and after consultation with the heads of affected 
                agencies, may issue such policy directives and 
                guidelines as the Director deems necessary to implement 
                this order with respect to intelligence and 
                intelligence-related information. Procedures or other 
                guidance issued by Intelligence Community element heads 
                shall be in accordance with such policy directives or 
                guidelines issued by the Director. Any such policy 
                directives or guidelines issued by the Director shall 
                be in accordance with this order and directives issued 
                by the Executive Agent.
                    (c) This order shall not be construed to impair or 
                otherwise affect the functions of the Director of the 
                Office of Management and Budget relating to budgetary, 
                administrative, and legislative proposals.
                    (d) This order 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.
                    (e) This order shall be implemented subject to the 
                availability of appropriations.
                    (f) The Attorney General, upon request by the head 
                of an agency or the Executive Agent, shall render an 
                interpretation of this order with respect to any 
                question arising in the course of its administration.
                    (g) The Presidential Memorandum of May 7, 2008, 
                entitled ``Designation and Sharing of Controlled 
                Unclassified Information (CUI)'' is hereby rescinded.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    November 4, 2010.

[FR Doc. 2010-28360
Filed 11-8-10; 8:45 am]
Billing code 3195-W1-P