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Memo 12958MemorandumObama · D Quiet signal

Presidential Memorandum 12958

Classified Information and Controlled Unclassified Information

This memorandum directs two major reviews: first, a 90-day review of Executive Order 12958 on classified national security information to recommend reforms including a National Declassification Center and measures against over-classification; second, creation of an Interagency Task Force on Controlled Unclassified Information (CUI) led by the Attorney General and Secretary of Homeland Security to review procedures for sensitive but unclassified information and report recommendations within 90 days. Both initiatives aim to increase government transparency while protecting legitimate security and privacy interests.

Federal Register Open PDF 74 FR 26277

Impact dates

  1. EO 12958 review recommendations due

  2. CUI Task Force recommendations due

Key directives

  • Assistant to the President for National Security Affairs to review EO 12958 and submit recommendations within 90 days
  • Recommendations must address: National Declassification Center, over-classification measures, information sharing, prohibition on reclassification, electronic environment safeguards, and other openness measures
  • Attorney General and Secretary of Homeland Security to lead Interagency Task Force on CUI with specified members
  • Task Force to review SBU information procedures and submit recommendations within 90 days
  • Task Force recommendations must balance openness presumption, standardization, and privacy protection
  • Agency heads to assist Task Force and bear own expenses
  • Attorney General to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Memorandum takes effect upon signing
  • Assistant to the President for National Security Affairs begins EO 12958 review
  • Attorney General and Secretary of Homeland Security establish Interagency Task Force on CUI

Near term (90d)

  • EO 12958 review recommendations due (by August 25, 2009)
  • CUI Task Force recommendations due (by August 25, 2009)

Long term

  • Potential revisions to Executive Order 12958
  • Possible expansion of CUI Framework beyond terrorism-related information
  • Implementation of National Declassification Center if recommended
  • Ongoing CUI Framework implementation (previously expected through 2013)

Risks & tensions

  • Tension between transparency mandate and national security classification culture
  • Multiple SBU markings (107+) create institutional inertia against standardization
  • CUI Framework implementation timeline (through 2013) suggests recommendations may face long implementation horizon
  • Task Force composition includes many stakeholders, potentially complicating consensus
  • 'Compelling need' standard for restricting information is vague and subject to interpretation
Presidential Memorandum 12958: Classified Information and Controlled Unclassified Information · Executive Orders