ExecutiveOrdersEO
EO 13556Executive OrderObama · D Quiet signal

Executive Order 13556

Controlled Unclassified Information

This executive order establishes a uniform, government-wide system for managing unclassified information that requires safeguarding or dissemination controls, replacing the previous patchwork of agency-specific policies. It designates the National Archives and Records Administration as the Executive Agent to implement the Controlled Unclassified Information (CUI) program across the executive branch.

Federal Register Open PDF 75 FR 68675

Impact dates

  1. Executive Agent establishes and maintains public CUI registry

  2. First annual report on agency implementation status

  3. Agency heads complete review of CUI designations and submit catalogues to Executive Agent

  4. Executive Agent issues initial implementation directives

  5. Agencies submit compliance plans after initial policies issued (180 days from issuance)

Key directives

  • NARA serves as Executive Agent for CUI program implementation and oversight
  • Agency heads must review all CUI designations and submit proposed categories with legal bases within 180 days
  • Executive Agent must approve uniform CUI categories and markings for executive branch-wide use
  • Executive Agent must issue initial implementation directives within 180 days
  • Executive Agent must establish and maintain public CUI registry within 1 year
  • Agencies must submit compliance plans within 180 days of initial policies issuance
  • Executive Agent must publish implementation status reports annually for first 5 years, then biennially
  • DNI may issue separate policy directives for Intelligence Community CUI
  • CUI designation alone does not affect FOIA or other disclosure determinations
  • Information with significant doubt about CUI status shall not be designated as CUI

Who is ordered

Timeline

Immediate

  • EO takes effect; NARA designated as Executive Agent
  • Presidential Memorandum of May 7, 2008 rescinded

Near term (90d)

  • Agency heads must complete CUI review and submit catalogues (180 days)
  • Executive Agent must issue initial implementation directives (180 days)

Long term

  • Public CUI registry must be established (1 year)
  • Agency compliance plans due after initial policies issued
  • First 5 annual reports on implementation status, then biennial reports indefinitely

Risks & tensions

  • Ambiguity in 'timely manner' for Executive Agent approval of categories creates implementation uncertainty
  • Appeal process to President through OMB for unresolved disputes may create delays or politicization
  • Subject to appropriations availability may limit enforcement if unfunded
  • DNI carve-out for Intelligence Community may perpetuate non-uniformity in sensitive information handling
  • No private right of action limits accountability mechanisms for improper CUI designation
  • Balancing 'openness' mandate with safeguarding requirements may create persistent tension in implementation
Executive Order 13556: Controlled Unclassified Information · Executive Orders