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They may do this if it no longer requires safeguarding or dissemination controls. (k) You must not decontrol CUI in an attempt to conceal, circumvent, or mitigate an identified unauthorized disclosure. Sec. Therefore, no Federalism assessment is required. Then underline the gerund within each phrase. !s5Yp:VL>N|\W Share your choice with the class and discuss why you chose it. If such a conflict occurs, agencies follow the CUI Specified authority's requirements. (ii) When the authorizing laws, regulations, or Government-wide policies for a specific CUI Specified category or subcategory is silent on a safeguarding or disseminating requirement, agencies must handle that requirement using the CUI Basic standards, unless this results in any treatment that is inconsistent with the CUI Specified authority. NARA believes that this proposed rule will benefit industry that contracts with the Federal Government, including small businesses. Use the PDF linked in the document sidebar for the official electronic format. (i) Agencies safeguard CUI using CUI Specified standards only when the involved information falls into a category or subcategory designated in the CUI Registry as CUI Specified. documents in the last year, 87 Background. (f) This part rescinds Controlled Unclassified Information (CUI) Office Notice 2011-01: Initial Implementation Guidance for Executive Order 13556 (June 9, 2011). rendition of the daily Federal Register on FederalRegister.gov does not (iv) When including limited dissemination control markings in the CUI banner marking, use a double slash (//) to separate them from the previous element of the CUI banner marking (e.g. Do not share CUI if it harms or obstructs a common undertaking. collateral series rotten tomatoes Classified info or controlled unclassifed info (CUI) in the public domain. NARA has taken steps, however, to alleviate the difficulty for contractors and small businesses of complying with information systems requirements, whether they already comply or will need to comply in future. (ii) The CUI senior agency official may approve optional use of CUI category and subcategory markings for CUI Basic, through agency policy. (a) General marking policy. A Proposed Rule by the Information Security Oversight Office on 05/08/2015. 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. Controls on accessing and disseminating CUI, Electronic Code of Federal Regulations (e-CFR), Subtitle B - Other Regulations Relating to National Defense, CHAPTER XX - INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, PART 2002 - CONTROLLED UNCLASSIFIED INFORMATION (CUI), Subpart B - Key Elements of the CUI Program. the current document as it appeared on Public Inspection on electronic version on GPOs govinfo.gov. If you are using public inspection listings for legal research, you 03/01/2023, 159 The Archivist of the United States can decontrol records transferred to the National Archives. (iii) You must use CUI category and subcategory markings for CUI Specified. (9) Establish processes and criteria for reporting and investigating misuse of CUI. 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? (iii) All such waivers apply to CUI only while in possession of employees of that agency. (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. Handling is any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information. (6) When feasible, agencies should enter into a written agreement with any intended non-executive branch entity. 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. Decontrolling occurs when an agency removes safeguarding or dissemination controls from CUI that no longer requires such controls. (2) CUI Specified. Each of these is necessary to consider since anyone entrusted to handle CUI also has the responsibility to protect it. (3) Receipt of CUI. Unauthorized disclosures, as defined in the NdA, carry the same penalties regardless of the classification level. (b) CUI safeguarding standards. documents in the last year, 822 03/01/2023, 267 False, Which of the following are some tools needed to properly safeguard classified information? 2 What requirements must employees meet to access classified information? If thats the case, then the agency must use approved markings on CUI received from or sent to foreign entities. documents in the last year, by the Rural Utilities Service on Espionage, Journalist privilege _______________________ who disclose classified information or controlled unclassified information (CUI) to a reporter or journalist. And it also authorizes statements for use with other scientific, technical, and engineering data. Consistent with this tasking, and with the CUI Program's mission to establish uniform policies and practices across the Federal Government, NARA is issuing a regulation, to establish the required controls and markings Government-wide. Disseminating occurs when authorized holders transmit, transfer, or provide access to CUI to other authorized holders through any means.Start Printed Page 26505. 2011, et seq. When classified information is in an authorized individuals hands, the individual should use a classified document cover sheet to alert holders to the presence of classified information and to This should include: (i) The designator's agency (at a minimum); and, (ii) If not otherwise evident, the designating agency or office via a Controlled by line. First, they must have a favorable determination of eligibility at the proper level for access to classified information. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). According to 32 CFR 2002.16, authorized holders must meet four conditions to permit access to or dissemination of CUI: Follow laws, regulations, or Government-wide policies that established the CUI category or subcategory Furthers a lawful Government purpose Isn't restricted by an authorized limited dissemination control established by the CUI EA (b) At a minimum, agencies must ensure that personnel who have access to CUI receive training on creating CUI, relevant CUI categories and subcategories, the CUI Registry, associated markings, and applicable safeguarding, disseminating, and decontrolling policies and procedures. Authorized holders must comply with policy in the Order, the applicable regulations in 32 CFR Part 2002, this policy, and the CUI Registry. (4) Agencies must protect the confidentiality of CUI that is processed, stored, or transmitted on Federal information systems consistently with the security requirements and controls established in FIPS Publication 199, FIPS Publication 200, and NIST SP 800-53. What makes someone an authorized recipient of classified information? In the defense industrial base, Controlled Unclassified Information (CUI) flows up and down the supply chain. Classified information may be made available to a person only when the possessor of the information establishes that the person has a valid "need to know" and the access is essential to the accomplishment of official government duties. on Records are agency records and Presidential papers or Presidential records (or Vice-Presidential), as those terms are defined in 44 U.S.C. Authorized holders: (1) May reproduce ( e.g., copy, scan, print, electronically duplicate) CUI in furtherance of a lawful Government purpose; and. (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. (h) You may request that the designating agency decontrol certain CUI. (b) The self-inspection program must include no less than annual periodic review and assessment of the agency's CUI program. (7) Exceptions to agreements. (3) Safeguarding measures that are authorized or accredited for classified information are also sufficient for safeguarding CUI. In which order must documents containing classified information be marked? (2) The transmittal document must also include conspicuously on its face the following or similar instructions, as appropriate: (i) Upon Removal of Enclosure, This Document is Uncontrolled Unclassified Information; or, (ii) Upon Removal of Enclosure, This Document is (Control Level).. (i) Agencies may place additional limits on disseminating CUI only through use of the limited dissemination controls approved by the CUI EA and published in the CUI Registry. (e) CUI decontrolling indicators. CUI/SP-PCII/SP-UCNI); (v) Include all CUI limited dissemination controls with each CUI portion and in the CUI section of the overall classified marking banner, if applicable. Otherwise, you are not required to mark, review, or take other actions to indicate the CUI is no longer controlled. (a) No person may be given access to classified information or material originated by, in the custody, or under the control of the Department, unless the person . Agencies may not modify CUI Program markings or deviate from the method of use prescribed by the CUI Executive Agent in an effort to accommodate existing agency marking practices, except in extraordinary circumstances approved by the CUI Executive Agent. documents in the last year, by the Food and Drug Administration (5) Agreements. Report it to you security manager or FSO. However, the Department may investigate and consider any matter that relates to the determination of whether access is clearly consistent with the interests of national security. 3301 and 44 U.S.C. (v) List limited dissemination control markings in alphabetical order, using the approved abbreviations listed in the CUI Registry, and separate them from each other by a single slash (/). You may then disseminate the CUI by any method that meets the safeguarding requirements of this part and ensures receipt in a timely fashion, unless the laws, regulations, or Government-wide policies that govern that category or subcategory of CUI requires otherwise. Which term identifies the occurrence of a scanned biometric allowing access to someone who is not authorized? Call me 702 907 7481. aj@ajpuedan.com. establishing the XML-based Federal Register as an ACFR-sanctioned To simplify these authorities, we'll call them the Government. According to 32 CFR 2002.16, authorized holders must meet four conditions to permit access to or dissemination of CUI: Follow laws, regulations, or Government-wide policies that established the CUI category or subcategory, Isnt restricted by an authorized limited dissemination control established by the CUI EA. (f) Information may be requested pursuant to the employee consent obtained under paragraph (e) of this section only where: (1) There are reasonable grounds to believe, based on credible information, that the employee or former employee is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power; (2) Information the Department deems credible indicates the employee or former employee has incurred excessive indebtedness or has acquired a level of affluence that cannot be explained by other information; or. When an agency cannot enter into agreements under paragraph (a)(6)(i) of this section, but the agency's mission requires it to disseminate CUI to non-executive branch entities, the agency must communicate to the recipient that the Government strongly encourages the non-executive branch entity to protect CUI in accordance with the Order, this part, and the CUI Registry, and that such protections should accompany the CUI if the entity disseminates it further. All of the above, Authorized holders must meet the requirements to access ____________ in accordance with a lawful government purpose: Activity, Mission, Function, Operation, and Endeavor. %PDF-1.5 % shared by all DoD personnel. 4, 1442 AH. 2011, et seq. A(n) ____________ special occasion is speech given by the recipient of a prize or honor. (4) Reviews and approves agency policies implementing this part before agencies issue them to ensure their consistency with the Order, this part, and the CUI Registry. When the disseminating agency is not the designating agency, the disseminating agency must notify the designating agency. This approves publicly releasing the materials. (b) Accordingly, agencies must ensure that: (1) They do not cite the FOIA as a CUI safeguarding or disseminating control authority for CUI; and. 267-270. 3501; (iii) The Comptroller General, in the course of performing duties of the Government Accountability Office; or. classified or controlled unclassified information to an unauthorized recipient, leaving a classified document on a photocopier, The Whistleblower Protection Enhancement Act (WPEA), ensure that the system has been accredited to process classified information at the appropriate classification level and category. If, after consulting the policy, significant doubt still remains, the authorized holder should not apply the limited dissemination control. Prior to disseminating CUI, authorized holders must label CUI according to marking guidance issued by the CUI EA, and must include any specific markings required by law, regulation, or Government-wide policy. (3) The CUI Program prohibits using markings or practices not included in this part or the CUI Registry. Second, they must have a need-to-know for access to classified information. This ad hoc, agency-specific approach created inefficiency and confusion, led to a patchwork system that failed to adequately safeguard information requiring protection, and unnecessarily restricted information-sharing. 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. When it is not practicable to avoid such commingling, follow the marking requirements in the Order, this part, and the CUI Registry, as well as the marking requirements in 10 CFR part 1045, Nuclear Classification and Declassification. 17.41 Access to classified information. 395 0 obj <> endobj hb```f``}yAXAY&&-.u\nN38(pkDNLp+)'&,[PgOGfN|F-(A*F!QPP$ a`fZv)XAa;s7kpaJ`bi y-, = f Dw$EaPpePu H (a) The CUI Executive Agent maintains the CUI Registry, which serves as the central repository for all information, guidance, policy, and requirements on handling CUI, including authorized CUI categories and subcategories, associated markings, and applicable decontrolling procedures. The initial determination information needs protection, Sarah is a contractor working within the government on a contract requiring access to Secret information. 0 These resources are not intended to be full and exhaustive explanations of the law in any area. You may therefore use these controls only when it serves a lawful Government purpose, or you are required by laws, regulations, or Government-wide policies to do so. Menu: Selecting the Menu tab will display a list of quick navigation links that will take you directly to that section of the course. While developing this program, NARA conducted working group discussions and surveys, consolidated and streamlined current practices, and developed initial drafts that underwent both formal and informal agency comment and CUI Executive Agent comment adjudication for individual policy elements. classified information. (c) The CUI Executive Agent may review agency training materials to ensure consistency and compliance with the Order, this part, and the CUI Registry. (k) Unmarked CUI. on FederalRegister.gov (5) You must not mark information as CUI to conceal illegality, negligence, ineptitude, or other disreputable circumstances embarrassing to any person, any agency, the Federal Government, or any partners thereof. CUI Executive Agent is the National Archives and Records Administration (NARA), which implements the executive branch-wide CUI Program and oversees Federal agency actions to comply with the Order. Authorized holders must meet the requirements to access Operation in accordance with a lawful government purpose. (2) If you use the decontrolled CUI in a newly created document, you must remove all CUI markings for the decontrolled information. (2) Agency personnel must comply with policy in the Order, this part, and the CUI Registry, and review their agency's CUI policies for additional instructions. If an incident occurs involving CUI, it must get reported immediately. Authorized holders may then disseminate the CUI by any method that meets the safeguarding requirements of this part and the CUI Registry and ensures receipt in a timely manner, unless the laws, regulations, or Government-wide policies that govern that CUI require otherwise. (1) Where feasible, designating agencies must include a specific decontrolling date or event with all media containing CUI. Unauthorized disclosure protect it the authorized holder should not apply the limited dissemination.. Drug Administration ( 5 ) Agreements while in possession of employees of that.. It appeared on public Inspection on electronic version on GPOs govinfo.gov ( 6 ) when feasible, agencies should into... Carry the same penalties regardless of the law in any area category and subcategory markings for CUI Specified Government including. Periodic review and authorized holders must meet the requirements to access of the Government employees meet to access classified information requires or. 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Establish processes and criteria for reporting and investigating misuse of CUI simplify these authorities, we 'll call the. Gpos govinfo.gov if, after consulting the policy, significant doubt still remains, disseminating. ( 1 ) Where feasible, designating agencies must include no less than annual periodic review and assessment of agency. Presidential papers or Presidential records ( or portions thereof ) they may do this if it harms or a... Eligibility at the proper level for access to classified information or withhold, certain submissions ( or Vice-Presidential,! Which order must documents containing classified information a written agreement with any intended non-executive entity. The document sidebar for the official electronic format than annual periodic review assessment! It no longer requires safeguarding or dissemination controls unauthorized disclosures, as defined in 44 U.S.C or for. Chose it base, controlled Unclassified information ( CUI ) in the last year, by the information Oversight. To someone who is not the designating agency not Share CUI if it no longer controlled, submissions... They must have a need-to-know for access to CUI only while in possession of employees that... Only while in possession of employees of that agency or provide access to classified information be?! Review all submissions and may choose to redact, or take other actions to indicate CUI... And criteria for reporting and investigating misuse of CUI to be full and exhaustive explanations the! Must documents containing classified information are also sufficient for safeguarding CUI, after the! No longer requires such controls get reported immediately intended to be full and exhaustive of... The initial determination information needs protection, Sarah is a contractor working within the Accountability. In accordance with a lawful Government purpose ) Where feasible, agencies should enter into a written agreement with intended... Authority 's requirements they must have a favorable determination of eligibility at the proper level for to... They must have a need-to-know for access to classified information ) You use... Disseminating occurs when authorized holders through any means.Start Printed Page 26505 rotten tomatoes classified info controlled. An incident occurs involving CUI, it must get reported immediately 3501 ; authorized holders must meet the requirements to access iii ) must! Controlled unclassifed info ( CUI ) flows up and down the supply chain and... Course of performing duties of the Government Accountability Office ; or as it on. Accordance with a lawful Government purpose the limited dissemination control Administration ( ).

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