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In a February post we discussed Executive Order 13556 establishing a Controlled Unclassified Information (CUI) program, an effort by President Obama to standardize and simplify the way the executive branch handles unclassified information. The order designated the National Archives and Records Administration (NARA) as the executive agent responsible for implementing the policies of the order and directed it to develop a document outlining for executive agencies the initial directives for implementation of the order.

Earlier this month, NARA released these directives, which will undoubtedly impact the designation process of Critical Infrastructure Information (CII), Law Enforcement Sensitive (LES) information and Sensitive Secure Information (SSI).

Pursuant to the directive, once a CUI program is implemented within an agency, CUI markings will be the only markings authorized to designate unclassified information requiring further safeguarding or dissemination controls. Legacy material markings, meaning sensitive but unclassified materials that were previously marked under agency-specific marking practices, will not be carried forward. In addition, the appropriate CUI marking will only be applied to legacy material if the information meets the requirements for designation as CUI. Further, the directive explicitly annunciates that CUI may not be controlled indefinitely unless explicitly stipulated by law, regulation or policy. And each category of CUI must have a specific time frame or triggering event for applicable decontrol.

The onus is now on the executive agencies, such as the Departments of Defense and Homeland Security. Each must provide NARA with a proposed plan for compliance with the requirements of the order, including the establishment of interim target dates in the next 180 days.

We will continue to monitor CUI developments as the agency implementation process progresses.

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