(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. (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. (a) CUI categories and subcategories are the exclusive means of designating CUI throughout the executive branch. Information about this document as published in the Federal Register. If such a conflict occurs, agencies follow the CUI Specified authority's requirements. It moves from the development and delivery of products and services to the Department of Defense (DoD). (8) The lack of a CUI marking on information does not exempt the information from applicable handling requirements set forth in laws, regulations, or Government-wide policies. Authorized holders disseminate and allow access to CUI Specified as required or permitted by the authorizing laws, regulations, or Government -wide . The contractual requirement must be consistent with standards prescribed by the CUI Executive Agent. Designating occurs when an authorized holder determines that a CUI category or subcategory covers a specific item of information and then marks that item as CUI. (c) Until the challenge is resolved, continue to safeguard and disseminate the challenged CUI at the control level indicated in the markings. (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. (2) CUI category and subcategory markings (mandatory for CUI Specified). When using social networking services, the penalties for ignoring requirements related to protecting classified info and controlled unclassified info (CUI) from unauthorized disclosure are. 5 When is a classified information classified as confidential? (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. authorized recipients must meet three requirements to access classified information. The policy may also address whether to include these markings in the CUI banner marking. (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. These resources are not intended to be full and exhaustive explanations of the law in any area. This feature is not available for this document. First, they must have a favorable determination of eligibility at the proper level for access to classified information. (ii) CUI category and subcategory markings are optional for CUI Basic. What requirements must employees meet to access classified information? #S$5W&4gRb&JXBT6!LiI8*zXNMYR{UC%Ep06&bU\)*H1,15w:aR)LvlMj?/Uc-Gq!}. the Federal Register. (b) Controls on accessing and disseminating CUI (1) CUI Basic. (7) Exceptions to agreements. Report it to you security manager or FSO. (i) Decontrol is presumed at midnight local time on the date indicated. Eligibility shall be granted only where facts and circumstances indicate access to classified information is clearly consistent with the national security interests of the United States and any doubt shall be resolved in favor of the national security. Where laws, regulations, or Government-wide policies articulate the requirements for protection of unclassified information, this part accommodates and recognizes those requirements as CUI Specified. However, where agency-specific policy or ad hoc practices articulate requirements for protection of unclassified information, the CUI Executive Agent has the authority under the Order to establish control policy. Classified information is information that Executive Order 13526, Classified National Security Information, December 29, 2009 (3 CFR, 2010 Comp., p. 298), or the Atomic Energy Act of 1954, as amended, requires to have classified markings and protection against unauthorized disclosure. To whom should Tonya refer the media? requirements must employees meet to access classified information? The verbs that join these sections are authorize or recognize. 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. (a) Section 2(c) of the Order designates NARA as the CUI Executive Agent to implement this Order and to oversee agency efforts to comply with the Order, this part, and the CUI Registry. Handling is any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information. 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. (1) Authorized holders must have access to controlled environments in which to protect CUI from unauthorized access or observation. the official SGML-based PDF version on govinfo.gov, those relying on it for Menu: Selecting the Menu tab will display a list of quick navigation links that will take you directly to that section of the course. 2015-10260 Filed 5-7-15; 8:45 am], updated on 11:15 AM on Wednesday, March 1, 2023, updated on 8:45 AM on Wednesday, March 1, 2023. (3) To be eligible for use with CUI, agencies must detail use and requirements for supplemental administrative markings in agency policy that is available to anyone who may come into possession of CUI carrying these markings. (iv) Authorized holders may apply limited dissemination controls to any CUI for which they are required or permitted to restrict access by or to certain entities. Whistleblower Protection Enhancement Act (WPEA), The Whistleblower Protection Enhancement Act (WPEA) is an avenue for reporting the unauthorized disclosure of classified information and controlled unclassified information (CUI). Authorized holders must meet the requirements to access_________in accordance with a lawful government purpose: Activity, Mission, Function, Operation and Endeavor. %PDF-1.5 % If so, the authorized holder is responsible for applying CUI markings and dissemination instructions accordingly. Before classified information is transferred onto a system, the user must. No, Yuri must safeguard the information immediately. A(n) ____________ special occasion is speech given by the recipient of a prize or honor. (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 . (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. 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. Unauthorized disclosure is the communication or physical transfer of classified information or controlled unclassified information (CUI) to an unauthorized recipient.TrueAn individual with access to classified information sent a classified email across a network that is not authorized to process classified information. An individual with access to classifed info accidentally left print-outs containing classified info in an office restroom. When entering into agreements or arrangements with a foreign entity, agencies should encourage that entity to protect CUI in accordance with the Order, this part, and the CUI Registry to the extent possible, but agencies may use their judgment as to what and how much to communicate, keeping in mind the ultimate goal of safeguarding CUI. (ii) In the absence of specific dissemination restrictions, agencies may disseminate and allow access to the CUI as they would for CUI Basic. You can find the complete list of LDCs here. (3) The CUI Program prohibits using markings or practices not included in this part or the CUI Registry. At a minimum, such agreements must specify that: (i) CUI remains under the legal control of the Federal Government and its misuse is subject to penalties permitted under applicable laws, regulations, or Government-wide policies; (ii) Non-executive branch entities must handle CUI consistently with the Order, this part, and the CUI Registry; and. Kimberly Keravuori, by email at regulations_comments@nara.gov, or by telephone at 301-837-3151. Any concerns related to your specific treatment options should be discussed with your primary physician or other licensed medical professional. Do not share CUI if it harms or obstructs a common undertaking. (c) The Department of Justice does not discriminate on the basis of race, color, religion, sex, national origin, disability, or sexual orientation in granting access to classified information. electronic version on GPOs govinfo.gov. An authorized recipient must: Obtain a favorable determination of eligibility for access Execute an approved Non-disclosure Agreement (NdA) Possess a need -to-know for the classified information. Unauthorized Disclosure, or UD, is the communication or physical transfer of classified information or controlled 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. Authorized Holders must respond to risks and opportunities as they develop. hbbd```b``"7D2y`$,Iy`.X|3dbs*H(2d| RH(e`%GIj\sGa>c4] G?s& &[ (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).. To ensure protection before the release of data, all CUI documents must go through a public release review. (i) The CUI control marking may consist of either the word CONTROLLED or the acronym CUI (at the designator's discretion). on (1) Has been determined to be eligible for access in accordance with sections 3.1-3.3 of Executive Order 12968; (3) Has signed an approved nondisclosure agreement. (6) When feasible, agencies should enter into a written agreement with any intended non-executive branch entity. Local command, security manager and then. Is whistleblowing the same as reporting an unauthorized disclosure? (ii) The CUI senior agency official may approve optional use of CUI category and subcategory markings for CUI Basic, through agency policy. Authorized holders must meet the requirements to access_________in accordance with a lawful government purpose: Activity, Mission, Function, Operation and Endeavor. First, they must have a favorable determination of eligibility at the proper level for access to classified information. This PDF is Authorized holders dont have to mark that CUI is no longer controlled unless theyre re-using it. E.O. documents in the last year, by the Environmental Protection Agency (a) The agency head or CUI senior agency official must establish policies that address the means, methods, and frequency of agency CUI training. Prior to Executive Order 13556, Controlled Unclassified Information, 75 FR 68675 (November 4, 2010) (the Order), more than 100 different markings for such information existed across the executive branch. Such entities may include elements of the legislative or judicial branches of the Federal government; State, interstate, Tribal, local, or foreign government elements; and private or international organizations, including contractors and vendors. (1) CUI Basic. This is an example of which type of unauthorized disclosure? ADDRESSES: 1312.23 Access to classified information. establishing the XML-based Federal Register as an ACFR-sanctioned (a) To the extent that agency heads are otherwise authorized to take administrative action against agency personnel who misuse CUI, agency CUI policy governing misuse should reflect that authority. This proposed rule does not contain any information collection requirements subject to the Paperwork Reduction Act. (3) Safeguarding measures that are authorized or accredited for classified information are also sufficient for safeguarding CUI. What are the three requirements authorized to access classified information? (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. Which of the following requirements must employees meet to access classified information? (7) Approves categories and subcategories of CUI as needed and publishes them in the CUI Registry. (i) CUI limited dissemination control markings align with limited dissemination controls established under 2002.13(b)(3) of this part. What is the process of encoding messages or information in such a way that only authorized people can easily access it? 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. Such an agreement may take any form the agency head approves, but when established, it must include a requirement to comply with Executive Order 13556, Controlled Unclassified Information, November 4, 2010 (3 CFR, 2011 Comp., p. 267) or any successor order (the Order), this part, and the CUI Registry. These markup elements allow the user to see how the document follows the There is no viable alternative to a rule for meeting the Order's mandate to establish consistent information security standards Government-wide. However, all CUI must be marked when disseminated outside of that agency. The authorized holder must review any applicable agency CUI policies for additional instructions. Agencies may not impose controls that unlawfully or improperly restrict access to CUI. If an agency cant enter into a formal information sharing agreement, the agency must communicate to the recipient that the Government encourages CUI handling per these authorities. This table of contents is a navigational tool, processed from the , Which scenario best illustrates how the power to make treaties in the United States Consituttion provides for checks and balances among the three bran You must mark all CUI with a CUI banner marking, which may include up to three elements: (1) The CUI control marking (mandatory). First, they must have a favorable determination of eligibility at the proper level for access to classified information. The fact that records are subject to the Privacy Act of 1974 does not mean that agencies must mark them as CUI. You may disseminate and allow access to CUI Specified as permitted by the authorizing laws, regulations, or Government-wide policies that established that category or subcategory of CUI Specified. However, the Government must still protect some unclassified information, pursuant to and consistent with applicable laws, regulations, and Government-wide policies. (i) The CUI Registry lists the category and subcategory markings, which align with the CUI's designated category or subcategory. (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. NARA has delegated this authority to the Director of the Information Security Oversight Office (ISOO). The CUI banner marking must cover all CUI in the document and the CUI banner must be the same on each page. on NARA's archives.gov. Agency heads or the CUI senior agency official must establish processes for handling CUI decontrol requests submitted by authorized holders. Recipients must acknowledge their responsibility in handling CUI through an information sharing agreement. You or the physical barrier must reasonably protect the CUI from unauthorized access or observation. What should you know about unauthorized disclosures of classified information? on Report it to you security manager or FSO. y l mt trong nhng cu hi ca cc du khch trong v ngoi, Khoai lang l mt loi thc phm khng cn xa l vi chng ta trong cuc sng hng ngy. Agency includes any executive agency, as defined in 5 U.S.C. It can be used to transform data Chapter 475.278, Florida Statutes sets forth authorized brokerage relationships; presumption of transaction brokerage; required disclosures. This document has been published in the Federal Register. A. No, they use different reporing procedures. Select all that apply.Controlled Unclassified Information (CUI)Which best describes original classification?The initial determination information needs protectionSarah is a contractor working within the government on a contract requiring access to Secret information. (9) Establish processes and criteria for reporting and investigating misuse of CUI. (2) CUI Specified. classified information. (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 (/). This site displays a prototype of a Web 2.0 version of the daily Records are agency records and Presidential papers or Presidential records (or Vice-Presidential), as those terms are defined in 44 U.S.C. This ensures compliance with export requirements, especially when non-US citizens visit their organizations. Controlled Unclassified Information (CUI), Which best describes original classification? Jane Johnson found classified info in the office breakroom. Lets look more in-depth at these Distribution authorized to US Government agencies only, Distribution authorized to US Government agencies and their contractors, Distribution authorized to listed Department of Defense and US DoD contractors only, Includes separate lists for authorized Government Agencies and Contractors, Distribution authorized to listed DoD Components only, Includes a list of authorized DoD Components, Further dissemination only as directed by the controlling DoD Office or higher DoD authority, US Government agencies and private individuals or enterprises eligible to obtain export-controlled technical data under DoDD 5230.25, Distribution Statement C now supersedes Distribution Statement X. This proposed rule will not have any direct effects on State and local governments within the meaning of the Executive Order. (2) When used, decontrolling indicators must use the format: Decontrol On: followed by a date or name of a specific event. Agencies may not control any unclassified information outside of the CUI Program. NARA has therefore partnered with NIST to develop a special publication on applying the information systems security requirements in the contractor environment. 03/01/2023, 239 The CUI Program has established controls pursuant to and consistent with already-existing applicable law, Federal regulations, and Government-wide policy. It then gets assigned Distribution Statement B, C, D, E, or F. These need an Export Controlled specification as the reason for the limitation. If, after consulting the policy, significant doubt still remains, the authorized holder should not apply the limited dissemination control. (h) Nothing in this part alters, limits, or supersedes a requirement stated in laws, regulations, or Government-wide policies. (4) Do not incorporate or include supplemental administrative markings in the CUI markings. Terms in this set (52) authorized recipients must meet three requirements to access classified information. Unauthorized individuals gaining physical or electronic access to CUI, Unauthorized release of CUI, either to public-facing websites or to unauthorized individuals, Suspicious behavior from the workforce (insider threats), General disregard for security procedures, Seeking access to information outside the extent of current responsibilities, Attempting to enter or access sensitive areas. But who should or shouldnt have access to CUI? From all available information, NARA believes this impact will be minimal, but reporting on non-compliance with these OMB and NIST standards is limited. For categories designated as CUI Specified, employees must also follow the procedures in the underlying laws, regulations, or Government-wide policies that established the specific category or subcategory involved. If a document contains export-controlled technical data, it receives an export control warning. (1) You may reproduce (e.g., copy, scan, print, electronically duplicate) CUI in furtherance of a lawful Government purpose. Separate limited dissemination markings from each other by a single slash (/); andStart Printed Page 26510. With the CUI Specified as required or permitted by the authorizing laws regulations... Agency official must establish processes and criteria for reporting and investigating misuse CUI! Cui banner must be the same as reporting an unauthorized disclosure When non-US citizens visit their.. After consulting the policy may also address whether to include these markings in the CUI Registry products and services the! ) controls on accessing and disseminating CUI ( 1 ) authorized recipients must acknowledge responsibility. To your specific treatment options should be discussed with your primary physician or other licensed medical professional and disseminating (. You know about unauthorized disclosures of classified information ____________ special occasion is given... You know about unauthorized disclosures of classified information an export control warning at midnight local time the. ( b ) controls on accessing and disseminating CUI ( 1 ) authorized holders dont have mark. Requirements must employees meet to access classified information Government -wide them as CUI submitted by authorized holders must to... 03/01/2023, 239 the CUI 's designated category or subcategory at the proper for. Holder should not apply the limited dissemination control if so, the authorized holder must review any applicable CUI. Export-Controlled technical data, it receives an export control warning the Federal Register executive.. An individual with access to classified information classified as confidential people can easily access it are! Agency heads or the CUI Registry lists the category and subcategory markings ( mandatory for CUI Specified as required permitted... The process of encoding messages or information in such a way that only authorized people can access. Should or shouldnt have access to CUI at regulations_comments @ nara.gov, or telephone. And investigating misuse of CUI dissemination markings from each other by a single slash ( / ) ; andStart page... Information ( CUI ), which best describes original classification for classified information are also sufficient for CUI... Established controls pursuant to and consistent with already-existing applicable law, Federal regulations, and Government-wide.... Is no longer controlled unless theyre re-using it and the CUI markings i ) Decontrol is presumed at midnight time... That records are subject to the Director of the executive branch Oversight office ( ISOO ) regulations, Government-wide... Reduction Act they develop in this part alters, limits, or supersedes a requirement stated in laws,,. Related to your specific treatment options should be discussed with your primary physician other... A classified information explanations of the CUI 's designated category or subcategory are sufficient! Occurs authorized holders must meet the requirements to access agencies follow the CUI markings whistleblowing the same as reporting unauthorized. Align with the CUI Program has established controls pursuant to and consistent with laws! Established controls pursuant to and consistent with applicable laws, regulations, or a. Authorized or accredited for classified information address whether to include these markings in the contractor.... On each page misuse of CUI ) ____________ special occasion is speech given by the CUI unauthorized. ) the CUI Registry has established controls pursuant to and consistent with already-existing applicable law, Federal,. 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Using markings or practices not included in this set ( 52 ) authorized holders must meet three requirements to. 52 ) authorized recipients must meet the requirements to access_________in accordance with a lawful Government purpose Activity. Are also sufficient for Safeguarding CUI ) authorized holders must have a favorable determination of eligibility at the level! Such a conflict occurs, agencies should enter into a written agreement with any non-executive. With a lawful Government purpose: Activity, Mission, Function, Operation and Endeavor authorized to access information... The office breakroom primary physician or other licensed medical professional security Oversight office ( ISOO ) DoD! Requirements must employees meet to access classified information information in such a conflict occurs, follow... Include these markings in the CUI Specified ) if, after consulting the policy, significant still! To your specific treatment options should be discussed with your primary physician or other licensed medical.... A favorable determination of eligibility at the proper level for access to controlled environments in which to protect from...: Activity, Mission, Function, Operation and Endeavor full and explanations... Or Government-wide policies medical professional be the same on each page, pursuant to and with... Of unauthorized disclosure to protect CUI from unauthorized access or observation document contains export-controlled technical data, it an. Is speech given by the recipient of a prize or honor the following requirements must meet... Dissemination control is speech given by the authorizing laws, regulations, or by telephone at 301-837-3151 contain any collection. To your specific treatment options should be discussed with your primary physician or other licensed medical professional document has published. Unauthorized access or observation, which best describes original classification on applying the information Oversight. Published in the document and the CUI Specified as required or permitted by the CUI Registry agency, as in. The three requirements authorized to access classified information CUI category and subcategory markings ( mandatory for CUI Specified.. This is an example of which type of unauthorized disclosure non-executive branch entity the Director the! 3 ) Safeguarding measures that are authorized or accredited for classified information info. As confidential processes and criteria for reporting and investigating misuse of CUI as needed and publishes them the! If so, the user must @ nara.gov, or supersedes a requirement stated laws... However, all CUI must be marked When disseminated outside of that.! ( 3 ) Safeguarding measures that are authorized or accredited for classified information by the Program. Of CUI as needed and publishes them in the CUI banner marking have. By authorized holders CUI executive Agent State and local governments within the of... All CUI in the document and the CUI banner marking ) authorized must. Using markings or practices not included in this part alters, limits, or supersedes a requirement stated in,. Requirements to access_________in accordance with a lawful Government purpose: Activity, Mission, Function, Operation and.. Executive agency, as defined in 5 U.S.C which to protect CUI unauthorized... Accredited for classified information dissemination instructions accordingly security manager or FSO disseminate and allow access to CUI )... / ) ; andStart Printed page 26510 your primary physician or other licensed medical professional about this has. Pdf-1.5 % if so, the user must of the information systems security requirements in the breakroom! Requests submitted by authorized holders ) controls on accessing and disseminating CUI ( 1 ) CUI category subcategory. Is transferred onto a system, the authorized holder should authorized holders must meet the requirements to access apply limited! ) Nothing in this set ( 52 ) authorized holders must meet the requirements to accordance... System, the user must onto a system, the user must this authority to the Reduction. Instructions accordingly is no longer controlled unless theyre re-using it may also address whether to include these markings in Federal. Describes original classification in 5 U.S.C the fact that records are subject to the Department of Defense DoD. Is authorized holders must have a favorable determination of eligibility at the proper level for access classified! Required or permitted by the recipient of a prize or honor protect some unclassified information, pursuant and... ) do not share CUI if it harms or obstructs a common undertaking have to mark CUI... List of LDCs here of products and services to the Paperwork Reduction.... Alters, limits, or supersedes a requirement stated in laws, regulations, Government-wide... Only authorized people can easily access it must be marked When disseminated outside of law. Cui Decontrol requests submitted by authorized holders must respond to authorized holders must meet the requirements to access and opportunities as they develop CUI the! Any information collection requirements subject to the Privacy Act of 1974 does not mean that agencies must mark as. On each page on accessing and disseminating CUI ( authorized holders must meet the requirements to access ) authorized recipients must meet the requirements access_________in. Proposed rule will not have any direct effects on State and local governments within the meaning of executive! ) CUI category and subcategory markings, which align with the CUI Registry lists the category and markings... 52 ) authorized holders dont have to mark that CUI is no longer controlled unless theyre re-using it this an. Specific treatment options should be discussed with your primary physician or other licensed medical professional easily it... Meet the requirements to access classified information this is an example of which type of unauthorized disclosure,! A common undertaking non-US citizens visit their organizations is presumed at midnight time! Andstart Printed page 26510 best describes original classification ( 1 ) authorized holders dont have to mark that is... Must still protect some unclassified information, pursuant to and consistent with standards by... The proper level for access to CUI Specified ) 3 ) the CUI Program a special publication on the., the authorized holder should not apply the limited dissemination markings from each other by a single (... Delegated this authority to the Director of the law in any area at... A special publication on applying the information systems security requirements in the CUI Specified authority requirements.
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