Issuances
- Controlled Unclassified Information Handout
White House Memos
- Archivist's Memo
- NARA Press Release
Did You Know?
The CUI Framework's purpose is to standardize practices and improve the sharing of information.
What is Controlled Unclassified Information?
The May 2008 Presidential Memorandum on the Designation and Sharing of Controlled Unclassified Information (CUI) defines CUI as the categorical designation that refers to unclassified information that does not meet the standards for National Security Classification under Executive Order 12958, as amended, but is:
- pertinent to the national interests of the United States or to the important interests of entities outside the Federal Government
- under law or policy requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination
Previously, this information was referred to generally as Sensitive But Unclassified (SBU).
The May 2008 Presidential Memorandum
sets forth requirements in order for information to be designated as CUI. Information can be designated as CUI and carry an authorized CUI marking if:
- a statute requires or authorizes such a designation, or 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
Information shall not be designated as CUI:
- to conceal violations of law, inefficiency, or administrative error
- to prevent embarrassment to the Federal Government or any Federal official, any organization or agency
- to improperly or unlawfully interfere with competition in the private sector
- to prevent or delay the release of information that does not require such protection
- if it is required to be made available to the public, or
- if it has already been released to the public under proper authority
The May 2008 Presidential Memorandum also established a CUI Framework for designating, marking, safeguarding, and disseminating terrorism-related CUI that originates in departments and agencies.
On May 27, 2009, the President issued the Memorandum for the Heads of Executive Departments and Agencies on Classified Information and Controlled Unclassified Information , (the “May 2009 Presidential Memorandum”), which creates an Interagency Task Force (the Task Force) on CUI.
According to this Memorandum, “(t)he 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.”
Additionally, the May 2009 Presidential Memorandum stipulates that “(w)ithin 90 days of the date of this memorandum, the Task Force shall submit... recommendations regarding how the executive branch should proceed with respect to the CUI Framework and the information sharing environment.” These recommendations to the President “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.”
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