(3) The CUI Program prohibits using markings or practices not included in this part or the CUI Registry. This can either be the US Government or non-executive branch entities, such as state and local law enforcement. The Archivist of the United States can decontrol records transferred to the National Archives. (ii) CUI category and subcategory markings are optional for CUI Basic. A determination of eligibility for access to classified information is a discretionary security decision based on judgments by appropriately trained adjudicative personnel. (a) General policy. (2) CUI Specified. Information is classified as CONFIDENTIAL if an unauthorized disclosure could reasonably be expected to cause damage to national security. by the Housing and Urban Development Department 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. Authorized holder is an individual, agency, organization, or group of users that is permitted to designate or handle CUI" (32 CFR 2002.4 (d)). And it also authorizes statements for use with other scientific, technical, and engineering data. the material on FederalRegister.gov is accurately displayed, consistent with The second part of the definition identifies the authority. Challenges to designation of information as CUI. This has also limited some businesses from competing for Federal contracts. (2) Consistent with this already-established framework governing all Federal information systems, CUI is categorized at the moderate confidentiality impact level in accordance with FIPS Publication 199. classified information. Uncontrolled unclassified information is information that neither the Order nor classified information authorities cover as protected. 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 Handling is any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information. (i) The CUI Registry annotates CUI categories and subcategories that contain Specified controls. (iii) You may apply limited dissemination controls to any CUI that is required or permitted to have restricted access by or to certain entities. Agencies should disseminate and permit access to CUI, provided such access or dissemination: (i) Abides by the laws, regulations, or Government-wide policies that established the CUI category or subcategory; (ii) Furthers a lawful Government purpose; (iii) Is not restricted by an authorized limited dissemination control established by the CUI EA; and. (g) Information systems that process, store, or transmit CUI. It is not intended to take the place of your physicians treatment plan or orders. The Supreme Court must decide whether the treaty is constitutional, but Congress can override the court with approval of the president. Any concerns related to your specific treatment options should be discussed with your primary physician or other licensed medical professional. CUI Basic differs from CUI Specified in that, although laws, regulations, or Government-wide policies establish the CUI Basic information as protected, it does not specifically spell out any handling standards for that information. The President is committed to making the Government more open to the American people, as outlined in his January 21, 2009, memorandum to the heads of executive branch agencies. The authorized holder must review any applicable agency CUI policies for additional instructions. This feature is not available for this document. Mark working papers containing CUI as required for any CUI contained within them and handle them in accordance with this part and the CUI Registry. Contact the Public Affairs Office (PAO) for a review of public affairs specific considerations. documents in the last year, 83 Non-executive branch entities may receive CUI directly from members of the executive branch or as sub-recipients from other non-executive branch entities. (c) Until the challenge is resolved, continue to safeguard and disseminate the challenged CUI at the control level indicated in the markings. All recipients need to know how to handle CUI when sharing with an authorized non-executive branch entity. (f) Portion marking CUI. Unauthorized disclosures, as defined in the NdA, carry the same penalties regardless of the classification level. , ches of government? documents in the last year, 36 (4) Authorized holders must comply with policy in the Order, this part, and the CUI Registry, and review any applicable agency CUI policies for additional instructions. These place even more limits on sharing CUI. 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). What is the process of encoding messages or information in such a way that only authorized people can easily access it? It is not an official legal edition of the Federal Share your choice with the class and discuss why you chose it. (a) In exigent circumstances, the agency head or the CUI senior agency official may waive the requirements established in this part or the CUI Registry for any CUI within the agency's possession or control, unless specifically prohibited by applicable laws, regulations, or Government-wide policies. Authorized holders should disseminate and encourage access to CUI Basic for any recipient when the access meets the requirements set out in paragraph (a)(1) of this section. ); and. (a) Agencies may decontrol CUI that they have designated: (1) When laws, regulations or Government-wide policies no longer require its control as CUI; (2) In response to a request by an authorized holder to decontrol it, if the agency is the designating agency; (3) When the designating agency decides to release it to the public by making an affirmative, proactive disclosure; (4) When the agency releases it in accordance with an applicable information access statute, such as the Freedom of Information Act (FOIA); (5) Consistent with any declassification action under Executive Order 13526 or any predecessor or successor order; or. (6) Establishes a management and planning framework, including associated deadlines for phased implementation, based on agency compliance plans submitted pursuant to section 5(b) of the Order, and in consultation with affected agencies and the Office of Management and Budget (OMB). (vi) Separate the entire CUI marking string for the CUI banner marking from other parts of the overall classified marking banner by using a double slash (//) on either end. Explain what you noticed in the image, the questions it raised for you, and the conclusions you reached about it. Is the process of encoding a message or information in such a way that only authorized parties can access it? In some cases, agencies can decontrol CUI that their agency designated. (a) General safeguarding policy. NARA certifies, after review and analysis, that this proposed rule will not have a significant adverse economic impact on small entities. This may include intentional violations or unintentional errors in safeguarding or disseminating CUI. (b) Eligibility for access to classified information is limited to United States citizens for whom an appropriate investigation of their personal and professional history affirmatively indicated loyalty to the United States, strength of character, trustworthiness, honesty, reliability, discretion, and sound judgment, as well as freedom from conflicting allegiances and potential for coercion, and willingness and ability to abide by regulations governing the use, handling, and protection of classified information. (3) You may use interoffice or interagency mail systems to transport CUI. (CUI) or (CUI/LEI//NF).. ), as amended. (5) Do not put CUI markings on the outside of an envelope or package. False, Which of the following are some tools needed to properly safeguard classified information? (1) You may destroy CUI when: (i) Your agency no longer needs the information; and. (j) Using supplemental administrative markings with CUI. Sec. (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. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. 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. 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. Which of the following is an example of unauthorized disclosure? (b) The CUI Program standardizes the way the executive branch handles sensitive information that requires protection under laws, regulations, or Government-wide policies, but that does not qualify as classified under Executive Order 13526, Classified National Security Information, December 29, 2009 (3 CFR, 2010 Comp., p. 298), or the Atomic Energy Act of 1954 (42 U.S.C. These limited dissemination controls are separate from any controls that a CUI Specified authority requires or permits. (5) Analysis and conclusions from the self-inspection program, documented on an annual basis and as requested by the CUI Executive Agent. (ii) Agencies may not impose controls that unlawfully or improperly restrict access to CUI. Non-Federal systems are often built using different processes from the Government-specific ones outlined in the NIST guidelines, even while achieving the same standard of protection as set forth in the Federal Information Processing Standards (FIPS). Those entities that currently do not implement information systems security controls for CUI consistent with requirements contained in the regulation will need to make changes and implement new practices, which could therefore have an impact on such businesses. Authorized holders must meet the requirements to access Operation in accordance with a lawful government purpose. (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. %%EOF (5) Ensures that challengers are not subject to retribution for bringing such challenges. 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