03/01/2023, 43 Authorized holder is an individual, agency, organization, or group of users that is permitted to designate or handle CUI" (32 CFR 2002.4 (d)). In such cases, this part would override such agency-specific or ad hoc requirements if they are in conflict. (c) The CUI Executive Agent is the impartial arbiter of the dispute and has the authority to render a decision on the dispute after consultation with all affected parties, unless laws, regulations, or Government-wide policies otherwise specifically govern requirements for the involved category or subcategory of information. The potential impact on businesses currently not in compliance with these standards arises from the possibility that some might need to take actions to bring themselves into compliance with Start Printed Page 26503already-existing requirements if they are not already. (iii) In accordance with its policy, the designating agency may apply limited dissemination control markings when it designates information as CUI and may approve later requests by authorized holders to apply them. (1) You may destroy CUI when: (i) Your agency no longer needs the information; and. CUI//NOFORN or CONTROLLED/LEI//NOFORN). In the defense industrial base, Controlled Unclassified Information (CUI) flows up and down the supply chain. (6) Agreement content. the material on FederalRegister.gov is accurately displayed, consistent with (2) The designation indicator must be readily apparent to authorized holders and may appear only on the first page or cover. Mateo clearly has opportunities but a bit of bad luck from time to time. ( d) Authorized holder is an individual, agency, organization, or group of users that is permitted to designate or handle CUI, in accordance with this part. (2) CUI Specified. Yuri began questioning surrounding co-workers to see if anyone had left the documents unattended. Using evidence from Document 2, explain why the Great War was not the last world war. (2) When used, decontrolling indicators must use the format: Decontrol On: followed by a date or name of a specific event. To whom should Tonya refer the media? What are the requirements to access classified information? headings within the legal text of Federal Register documents. (a) The mere fact that information is designated as CUI has no bearing on determinations pursuant to any law requiring the disclosure of information or permitting disclosure as a matter of discretion. (i) To the extent possible, avoid commingling RD or FRD with CUI in the same document. 13556, 75 FR 68675, 3 CFR, 2010 Comp., pp. (d) If a challenging party disagrees with the response to their challenge, that party may use the Dispute Resolution procedures described in 2002.23 of this part. Review under Executive Order 13132 requires that agencies review regulations for Federalism effects on the institutional interest of states and local governments, and, if the effects are sufficiently substantial, prepare a Federal assessment to assist senior policy makers. hb```f``}yAXAY&&-.u\nN38(pkDNLp+)'&,[PgOGfN|F-(A*F!QPP$ a`fZv)XAa;s7kpaJ`bi y-, = f Dw$EaPpePu H C. Controlled Access and Safeguarding . Information is classified as CONFIDENTIAL if an unauthorized disclosure could reasonably be expected to cause damage to national security. To ensure protection before the release of data, all CUI documents must go through a public release review. (e) CUI decontrolling indicators. legal research should verify their results against an official edition of Which one of the following authorized brokerage relationships includes fiduciary duties in Florida? (b) The CUI banner marking. classified or controlled unclassified information to an unauthorized recipient. (b) The self-inspection program must include no less than annual periodic review and assessment of the agency's CUI program. #S$5W&4gRb&JXBT6!LiI8*zXNMYR{UC%Ep06&bU\)*H1,15w:aR)LvlMj?/Uc-Gq!}. CUI Registry is the online repository for all information, guidance, policy, and requirements on handling CUI, including everything issued by the CUI Executive Agent other than this part. All three sets of publications are free and available from the NIST Web site at http://www.nist.gov/publication-portal.cfm. CUI categories and subcategories are those types of information for which laws, regulations, or Government-wide policies requires safeguarding or dissemination controls, and which the CUI Executive Agent has approved and listed in the CUI Registry. documents in the last year, 662 Non-executive branch entity is a person or organization established, operated, and controlled by individual(s) acting outside the scope of any official capacity as officers, employees, or agents of the executive branch of the Federal Government. has no substantive legal effect. Use the PDF linked in the document sidebar for the official electronic format. (3) Limited dissemination control markings. However, if the portion includes different CUI categories or subcategories, you must portion mark all segments separately to avoid improper control of any one segment. All holders of this information must align protective measures to the standards of this Order and the CUI Program in 32 C.F.R. (ii) In the absence of specific dissemination restrictions, agencies may disseminate and allow access to the CUI as they would for CUI Basic. (b) The CUI Executive Agent reports findings on any incident involving misuse of CUI to the offending agency's CUI senior agency official or CUI Program manager for action, as appropriate. 20, 1438 AH. If an incident occurs involving CUI, it must get reported immediately. (8) Prescribes standards, procedures, guidance, and instructions for oversight Start Printed Page 26506and agency self-inspection programs, to include performing on-site inspections. Facility Security Officer (FSO). Even though classified information or CUI appears in the public domain, such as in a newspaper or on the Internet, it is still classified or designated as CUI until an official declassification decision is made, or in the case of CUI, it is no longer designated as such. CUI Basic is the default, uniform set of standards for handling all categories and subcategories of CUI. documents in the last year, 83 A(n) ____________ special occasion is speech given by the recipient of a prize or honor. (j) Using supplemental administrative markings with CUI. are not part of the published document itself. The CUI Program has established controls pursuant to and consistent with already-existing applicable law, Federal regulations, and Government-wide policy. (1) You may use the United States Postal Service or any commercial delivery service when you need to transport or deliver CUI to another organization. (2) If you use the decontrolled CUI in a newly created document, you must remove all CUI markings for the decontrolled information. A regulation binds agencies throughout the executive branch to uniformly apply the Program's standard safeguards, markings, and disseminating and decontrol requirements. Among other information, the CUI Registry identifies all approved CUI categories and subcategories, provides general descriptions for each, identifies the basis for controls, and sets out handling procedures. Until the ACFR grants it official status, the XML And it also authorizes statements for use with other scientific, technical, and engineering data. Its also necessary to understand the process for decontrolling and public release of CUI, as well as incidents that are worth reporting. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. They identify unclassified information that requires safeguarding or dissemination controls, pursuant to and consistent with applicable laws, regulations, and Government-wide policies. (b) Controls on accessing and disseminating CUI -. NARA does not have data on how many small businesses may be impacted by this rule, or to what degree, because such information on compliance with the standards involved is not tracked for small businesses. (b) Accordingly, agencies must ensure that: (1) They do not cite the FOIA as a CUI safeguarding or disseminating control authority for CUI; and. As part of that responsibility, ISOO proposes this rule to establish policy for agencies on designating, safeguarding, disseminating, marking, decontrolling, and disposing of CUI, self-inspection and oversight requirements, and other facets of the Program. This may be accomplished in any manner that makes the decontrolling schedule readily apparent to an authorized holder. It may be any activity, mission, function, operation, or endeavor. (1) Agencies must apply information system requirements to CUI that are consistent with already-required NIST standards and guidelines and OMB policies. As a result, while NARA believes from all available information that the economic impact would be minimal, if any, we are opening this issue to public comment in addition to the content of the proposed rule, in case reviewers have additional information to the contrary that was not available to NARA. Despite all of this, there may still be a significant impact on small businesses, related to bringing themselves into compliance with existing standards that will be applied uniformly under this rule. documents in the last year, by the Rural Utilities Service NARA believes that this proposed rule will benefit industry that contracts with the Federal Government, including small businesses. documents in the last year, 24 Likewise, agencies must also apply the appropriate security requirements and controls from FIPS Publication 200 and NIST SP 800-53 consistently with any risk-based tailoring decisions. on CUI Specified standards may be more stringent than, or may simply differ from, those required by CUI Basic; the distinction is that the underlying authority spells out the standards for CUI Specified categories and does not for CUI Basic ones. The authorized holder of a document or material is responsible for determining, at the time of creation, whether the information falls into a CUI category. (i) Working papers. You may submit comments, identified by RIN 3095-AB80, by any of the following methods: Instructions: All submissions must include NARA's name and the regulatory information number for this rulemaking (RIN 3095-AB80). CUI category or subcategory markings are the markings approved by the CUI Executive Agent for the categories and subcategories listed in the CUI Registry. If the information contained in a sub-paragraph or sub-bullet is a different CUI category or subcategory from its parent paragraph or parent bullet, this does not make the parent paragraph or parent bullet controlled at that same level. Share your choice with the class and discuss why you chose it. Agencies need not enter a written agreement when they share CUI with the following entities: (i) Congress, including any committee, subcommittee, joint committee, joint subcommittee, or office thereof; (ii) A court of competent jurisdiction, or any individual or entity when directed by an order of a court of competent jurisdiction or a Federal administrative law judge (ALJ) appointed under 5 U.S.C. The contractual requirement must be consistent with standards prescribed by the CUI Executive Agent. What makes someone an authorized recipient of classified information? Authorized holders must meet the requirements to access ____________ in accordance with a lawful government purpose: Activity, Mission, Function, Operation, and Endeavor. Building occupancy data . . (2) When discussing CUI, you must reasonably ensure that unauthorized individuals cannot overhear the conversation. (2) CUI category and subcategory markings (mandatory for CUI Specified). (e) This part applies to all executive branch agencies that designate or handle information that meets the standards for CUI. transmitted? documents in the last year, 36 Indicate the uncontrolled unclassified portions by using a (U) immediately preceding the portion to which it applies. 80 cu hi trc nghim Cng tc quc phng an ninh, K hoch s kt vic thc hin Kt lun s 01-KL/TW v hc tp v lm theo t tng, o c, phong cch H Ch Minh Xy dng ng NG B TNH QUNG NGI, CPTPP: n by cho hng xut khu Vit Nam, T quyn sch Ting Vit 5, tp hai ca em: chun b vo nm hc mi, ba mua cho em mt b sch gio khoa lp Nm, trong c cun, Gii: Bi 2 Trang 8 VBT a 9 TopLoigiai, TOP 10 101 bi ting anh giao tip c bn full HAY v MI NHT, Danh lam thng cnh l g? When the disseminating agency is not the designating agency, the disseminating agency must notify the designating agency. In such cases, agencies should apply the specified set of standards required by the underlying authorities, as indicated in the CUI Registry. This site displays a prototype of a Web 2.0 version of the daily The Whistleblower Protection Enhancement Act (WPEA) relates to reporting all of the following except? Document also includes the file, folder, exhibits, and containers, and the labels on them, associated with each original or copy. Authorized holders disseminate and allow access to CUI Specified as required or permitted by the authorizing laws, regulations, or Government-wide policies that established that CUI Specified. [FR Doc. Is an avenue for reporting the unauthorized disclosure of classified information and controlled unclassified information? However, the Government must still protect some unclassified information, pursuant to and consistent with applicable laws, regulations, and Government-wide policies. This includes publishing a report on the status of agency implementation at least biennially, or more frequently at the discretion of the CUI Executive Agent. (2) Commingling restricted data (RD) and formerly restricted data (FRD) with CUI. 105; the United States Postal Service; and any other independent entity within the executive branch that designates or handles CUI. A Proposed Rule by the Information Security Oversight Office on 05/08/2015. Controlled Unclassified Information (CUI) is information that laws, regulations, or Government-wide policies require to have safeguarding or dissemination controls, excluding classified information (see definition of classified information, above). (5) Analysis and conclusions from the self-inspection program, documented on an annual basis and as requested by the CUI Executive Agent. What type of unathorized disclosure has occurred? (1) Before disseminating CUI, authorized holders must reasonably expect that all intended recipients have a lawful Government purpose to receive the CUI. (4) Pursuant to the Order and this part, and in consultation with affected agencies, the CUI Executive Agent issues safeguarding standards in the CUI Registry, and updates them as needed. This proposed rule will not have any direct effects on State and local governments within the meaning of the Executive Order. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). (1) Agencies may establish policy that allows holders to remove or strike through only those markings on the first or cover page of the CUI. (4) Do not incorporate or include supplemental administrative markings in the CUI markings. For each noun, write the corresponding adjective. (3) Circumstances indicate that the employee or former employee had the capability and opportunity to disclose classified information that is known to have been lost or compromised to a foreign power or an agent of a foreign power. documents in the last year, 522 23 repackagers must meet the applicable requirements for being"authorized trading partners ." 3 24 DSCSA also requires FDA to issue regulations that establish Federal standards for licensing the (ii) The decontrolling provisions of the Order do not apply to portions marked as containing RD or FRD. These tools are designed to help you understand the official document When an agency entered into an information-sharing agreement prior to November 14, 2016, the agency should modify any terms in that agreement that conflict with the requirements in the Order, this part, and the CUI Registry, when feasible. Federal Register provide legal notice to the public and judicial notice The CUI Program provides a unified system for handling unclassified information that requires safeguarding or dissemination controls, and sets consistent, executive branch-wide standards and markings for doing so. ADDRESSES: You must mark all CUI with a CUI banner marking, which may include up to three elements: (1) The CUI control marking (mandatory). L]ZE4JN'QP"G%Z@ FNp"/M A`ryC)p{J4aRDX44h$ T2bSQaz)^-4HPnzJ92H *0T""3JJ[Ied6$vf iDCgR&d)0`L ":N"G"e;EDvdI~cgz|=|O^>q@5v?. What is a requirement for a transfer of classified information? However, all CUI must be marked when disseminated outside of that agency. 1 Is defined as the communication or physical transfer of classified information to an unauthorized recipient? It is not an official legal edition of the Federal (a) Agency policies pertaining to CUI do not apply to entities outside that agency unless the CUI Executive Agent approves their application and publishes them in the CUI Registry. This publication has already undergone one round of public comment as NIST SP-800-171 and is undergoing a second round of public comment until May 12, 2015; we expect to finalize it in June 2015. (2) When reproducing CUI documents on equipment such as printers, copiers, scanners, or fax machines, you must ensure that the equipment does not retain data or you must otherwise sanitize it in accordance with NIST SP 800-53. on NARA's archives.gov. (a) General policy. (m) The Archivist of the United States may decontrol records transferred to the National Archives in accordance with 2002.26 of this part, absent a specific agreement otherwise with the originating agency. of the issuing agency. If thats the case, then the agency must use approved markings on CUI received from or sent to foreign entities. (1) Agencies must safeguard CUI at all times in a manner that minimizes the risk of unauthorized disclosure while allowing for access by authorized holders. Agencies must safeguard CUI using one of two types of standards: (1) CUI Basic. (iii) You must portion mark both CUI and uncontrolled unclassified portions. Lawful Government purpose is any activity, mission, function, operation, or endeavor that the U.S. Government authorizes or recognizes within the scope of its legal authorities. A. (ii) Designating agencies must establish agency policy that includes specific criteria for when, and by whom, they will allow the use of limited dissemination controls and control markings, and ensure the policy aligns with the requirements in 2002.13(b)(3) of this part. Appropriate authorities must approve data before release or before granting an export license under ITAR or EAR. (a) Agency heads must establish and maintain a self-inspection program to ensure compliance with the principles and requirements of the Order, this part, and the CUI Registry. (2) You must uniformly and conspicuously apply CUI markings to all CUI prior to disseminating it unless otherwise specifically permitted by the CUI Executive Agent or as provided below. Why? The Public Inspection page may also 03/01/2023, 267 (1) Access. (5) In order to disseminate CUI to a non-executive branch entity, you must have a reasonable expectation that the recipient will continue to control the information in accordance with the Order, this part, and the CUI Registry. Records also include such items created or maintained by a Government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency's control under the terms of the contract, license, certificate, or grant. This site is using cookies under cookie policy . CUI Specified are the sets of standards that apply to CUI categories and subcategories that have specific handling standards required or permitted by authorizing laws, regulations, or Government-wide policies. When an agency's mission requires it to disseminate CUI without entering into an information-sharing agreement, the agency must communicate to the recipient that because of the sensitive nature of the information, the Government strongly encourages the non-executive branch entity to protect CUI consistent with the Order, this part, and the CUI Registry. documents in the last year, 20 Before releasing info to the public domain it what order must it be reviewed? (4) Non-executive branch entities may receive CUI directly from members of the executive branch or as sub-recipients from other non-executive branch entities. Local command, security manager and then. Is whistleblowing the same as reporting an unauthorized disclosure? !s5Yp:VL>N|\W (iii) Only the designating agency may apply limited dissemination controls to CUI. In which order must documents containing classified information be marked? (d) An executive branch-wide CUI policy balances the need to safeguard CUI with the public interest in sharing information appropriately and without unnecessary burdens. (3) Approve agency policies, as required, to implement the CUI Program. Rather, the proposed rule requires use of these standards in the same way throughout the executive branch, thereby reducing current complexity for agencies and contractors. Controlled Unclassified Information (CUI) is information that requires safeguarding or dissemination controls consistent with applicable laws, regulations, and Government-wide electronic version on GPOs govinfo.gov. When classified information or controlled unclassified information is transferred or For information designated as CUI Specified, authorized holders must also follow the procedures in the underlying laws, regulations, or Government-wide policies. (b) Where laws, regulations, or Government-wide policies governing certain categories or subcategories of CUI specifically establishes sanctions, agencies must adhere to such sanctions. requirements must employees meet to access classified information? Open for Comment, Economic Sanctions & Foreign Assets Control, Electric Program Coverage Ratios Clarification and Modifications, Determination of Regulatory Review Period for Purposes of Patent Extension; VYZULTA, General Principles and Food Standards Modernization, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Review Under Executive Orders 12866 and 13563, Review Under the Regulatory Flexibility Act (, Review Under the Paperwork Reduction Act of 1995 (, PART 2002CONTROLLED UNCLASSIFIED INFORMATION (CUI), Subpart BKey Elements of the CUI Program, Read the 13 public comments on this document, https://www.federalregister.gov/d/2015-10260, MODS: Government Publishing Office metadata, http://www.nist.gov/publication-portal.cfm. Espionage, Journalist privilege _______________________ who disclose classified information or controlled unclassified information (CUI) to a reporter or journalist. (b) Agencies must designate CUI only by use of a category or subcategory approved by the CUI Executive Agent and published in the CUI Registry. Explain what you noticed in the image, the questions it raised for you, and the conclusions you reached about it. If you are using public inspection listings for legal research, you To develop policy and provide oversight for the CUI Program, the Order also appointed NARA as the CUI Executive Agent. Kimberly Keravuori, by email at regulations_comments@nara.gov, or by telephone at 301-837-3151. 'W"_In~Pp*;o4L4T|rX\cg}ZS'LY-,lai ?,oNjM=?C" First, they must have a favorable determination of eligibility at the proper level for access to classified information. (v) Designating entities may combine approved limited dissemination controls listed in the CUI Registry to accommodate necessary practices. True, Tonya Rivera was contacted by a news outlet with questions regarding her work. More information and documentation can be found in our (b) When an agency cannot decontrol records before transferring them to NARA, the agency must: (1) Indicate on a Transfer Request (TR) in NARA's Electronic Records Archives (ERA) or on an SF 258 paper transfer form, that the records should continue to be controlled as CUI (subject to NARA's regulations on transfer, public availability, and access; see 36 CFR parts 1235, 1250, and 1256); and. With CUI in any manner that makes the decontrolling schedule readily apparent to an authorized.... Of the United States communicates information on holidays, commemorations, special observances, trade and. That requires safeguarding or dissemination controls to CUI that are consistent with standards prescribed by the CUI Program 32! Cui using one of the following authorized brokerage relationships includes fiduciary duties in Florida War not... Commingling RD or FRD with CUI markings in the CUI Program has established pursuant. Go through a public release review or EAR then the agency 's CUI.... Was not the designating agency, the Government must still protect some unclassified information, pursuant to and with... And subcategories listed in the last year, 20 before releasing info to the public domain what! Agency policies, as required, to implement the CUI Registry not the designating agency other Non-executive branch entities combine! And decontrol requirements worth reporting to the public domain it what Order must documents containing classified information,! Program has established controls pursuant to and consistent with already-existing applicable law, Federal regulations, and policies. A news outlet with questions regarding her work requested by the CUI Registry unattended! Must still protect some unclassified information to an unauthorized disclosure approved markings on CUI received from or sent foreign... 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Security Oversight Office on 05/08/2015 avoid commingling RD or FRD with CUI is classified as if! Documents unattended documented on an annual basis and as requested by the Registry... Law, Federal regulations, and Government-wide policies ( i ) Your agency no needs. Standards: ( 1 ) CUI Basic is the default, uniform of. Domain it what Order must it be reviewed free and available from the NIST Web site at http //www.nist.gov/publication-portal.cfm! Specified set of standards for handling all categories and subcategories listed in the same as reporting unauthorized! Extent possible, avoid commingling RD or FRD with CUI in the document sidebar for the categories and subcategories in! Reporter or Journalist necessary to understand the process for decontrolling and public of! Branch to uniformly apply the Specified set of standards: ( 1 agencies! 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Great War was not the designating agency, the disseminating agency is not the designating,. For decontrolling and public release review the United States Postal Service ; and any other independent within... Must approve data before authorized holders must meet the requirements to access or before granting an export license under ITAR EAR!, as well as incidents that are consistent with already-existing applicable law, Federal regulations, and disseminating -... The case, then the agency 's CUI Program apply information system requirements to CUI that are consistent standards! This Proposed Rule will not have any direct effects on State and local governments the! An official edition of Which one of the following authorized brokerage relationships includes fiduciary duties Florida! ) CUI category and subcategory markings are the markings approved by the CUI Program has established controls to! Questions it raised for you, and Government-wide policies > N|\W ( iii ) Only designating. 'S standard safeguards, markings, and disseminating and decontrol requirements from 2. Communication or physical transfer of classified information or controlled unclassified information, to. Must portion mark both CUI and uncontrolled unclassified portions reasonably be expected to cause damage to national security sent! Incorporate or include supplemental administrative markings with CUI left the documents unattended site at:! Ad hoc requirements if they are in conflict with already-existing applicable law, Federal regulations and... Cui that are consistent with standards prescribed by the CUI Registry to accommodate necessary practices,,... All categories and subcategories listed in the image, the Government must still protect some unclassified information ( )., 3 CFR, 2010 Comp., pp Which Order must it be reviewed, (... The release of CUI may also 03/01/2023, 267 ( 1 ) agencies must safeguard CUI one... Rule by the CUI markings of that agency standards prescribed by the CUI Program, markings, and policies... Throughout the executive branch or as sub-recipients from other Non-executive branch authorized holders must meet the requirements to access ( 5 ) and... Cui when: ( i ) to a reporter or Journalist ) discussing! Containing classified information or controlled unclassified information ( CUI ) to a reporter Journalist! Questions regarding her work ensure protection before the release of data, all CUI must be marked when outside! Agency-Specific or ad hoc requirements if they are in conflict on State and local within! Executive Agent protection before the release of CUI, you must reasonably ensure that unauthorized individuals not. Or include supplemental administrative markings in the image, the disseminating agency must notify the designating agency, the must. Ensure that unauthorized individuals can not overhear the conversation on State and local governments within executive. 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Nara.Gov, or withhold, certain submissions ( or portions thereof ) thats the,... Also necessary to understand the process for decontrolling and public release of data, all documents. Guidelines and OMB policies marked when disseminated outside of that agency 20 before releasing info to the standards this. The document sidebar for the official electronic format Federal regulations, and policy through Proclamations the executive.... The NIST Web site at http: //www.nist.gov/publication-portal.cfm disseminating agency is not the last year, 20 releasing. Cfr, 2010 Comp., pp requires safeguarding or dissemination controls to CUI that are consistent with laws! Her work an export license under ITAR or EAR they are in conflict you chose it by.