Controlled Unclassified Information (CUI)

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Key Elements

Scope: Executive Order 13556 "Controlled Unclassified Information" (CUI EO) establishes a program for managing all unclassified information in the Executive branch that requires safeguarding or dissemination controls, pursuant to and consistent with applicable law, regulations, and government-wide policies.

Designation: Information can only be considered CUI pursuant to and consistent with law, regulation, and government-wide policy.

Oversight: The Executive Agent (EA) will be responsible for conducting oversight, managing the CUI program, and drafting an annual report detailing the Executive branch's progress in implementing and using CUI during the first 5 years and biennially thereafter.

Registry: The EA will create a public registry of all CUI terms utilized by the Executive branch. This registry will consist of categories, subcategories (if applicable), and markings of CUI and their definitions, along with applicable safeguarding, dissemination, and decontrol procedures.

Openness: The CUI registry and implementing directives will be available to the public. The EA will consult with interested stakeholders and the public before publishing the implementing directive and registry.

Agency responsibility: Each department and agency will identify a Senior Agency Official (SAO) responsible for administering CUI policy. Agencies will also develop tailored CUI policies to meet agency-specific needs, as well as establish an internal oversight mechanism to promote consistent practices.

Implementation strategy: Within 180 days of the date of the Order, departments and agencies will review all categories, subcategories, and markings used to designate unclassified information for safeguarding and dissemination controls and submit proposed categories, subcategories, and markings to the EA for review and approval.

FOIA: The mere fact that information is designated as CUI shall not have a bearing on Freedom of Information Act (FOIA) requests or determinations. The CUI program makes no changes to the FOIA process.

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