What are the requirements to access classified information? First, they must have a favorable determination of eligibility at the proper level for access to classified information. The Program includes the rules, organization, and procedures for CUI, established by the Order, this part, and the CUI Registry. Records are agency records and Presidential papers or Presidential records (or Vice-Presidential), as those terms are defined in 44 U.S.C. 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. (b) Agency CUI senior agency officials must create a process within their agency to accept and manage challenges to CUI status. (1) Agencies are permitted and encouraged to portion mark all CUI, to facilitate information sharing and proper handling. (c) Prior to the CUI Program, agencies often employed ad hoc, agency-specific policies, procedures, and markings to handle this information. What is a requirement for a transfer of classified information? (1) When a transmittal document accompanies CUI, the transmittal document must include a CUI marking on its face (CONTROLLED or CUI), indicating that CUI is attached or enclosed. Document Drafting Handbook True, An individual with access to classified information sent a classified email across a network that is not authorized to process classified information. The initial determination information needs protection, Sarah is a contractor working within the government on a contract requiring access to Secret information. Additionally, any and all classified, Special Access Program or SAP or Sensitive Compartmented Information or SCI must be reported via specific channels. (b) Accordingly, agencies must ensure that: (1) They do not cite the FOIA as a CUI safeguarding or disseminating control authority for CUI; and. Document page views are updated periodically throughout the day and are cumulative counts for this document. Document also includes the file, folder, exhibits, and containers, and the labels on them, associated with each original or copy. (ii) The decontrolling provisions of the Order do not apply to portions marked as containing RD or FRD. The CUI Basic standards therefore apply whenever CUI Specified standards do not cover the involved CUI. But it doesnt constitute authorization for public release. This ensures compliance with export requirements, especially when non-US citizens visit their organizations. (3) If using a specific decontrolling date, list it in the format YYYYMMDD.. Which of the following requirements must employees meet to access classified information Select all that apply? Authorized holders dont have to mark that CUI is no longer controlled unless theyre re-using it. Disseminating occurs when authorized holders transmit, transfer, or provide access to CUI to other authorized holders through any means.Start Printed Page 26505. The user must ensure information being shared is based on a need-to-know. What do you need to access classified information? 1503 & 1507. This course Distributing the information must further the goals of the government. The CUI Program has established controls pursuant to and consistent with already-existing applicable law, Federal regulations, and Government-wide policy. (iv) Pre-existing agreements. Which type of unauthorized disclosure has occurred? %PDF-1.5 % This may be accomplished in any manner that makes the decontrolling schedule readily apparent to an authorized holder. Is Yuri following DoD policy? lK/TtAh$AS?IheH %tF5acCs1$p!&R$Zt%-|"5hX:N8M|Hm)Qp (8;-Jh7uVx PVqTE(DP5:W"X:^h(d={+BTTDH}E0 NARA has delegated this authority to the Director of the Information Security Oversight Office (ISOO). Limited dissemination is any type of control on disseminating CUI approved for use by the CUI Executive Agent. developer tools pages. (b) Agency heads shall be responsible for establishing and maintaining an effective program to ensure that access to . For a lifetime, If classified information or controlled unclassified information (CUI) has been put in the public domain, then it is okay for employees to freely share it. The agency head or CUI senior agency official should determine frequency based on program needs and the degree of designation activity. Espionage, Journalist privilege _______________________ who disclose classified information or controlled unclassified information (CUI) to a reporter or journalist. (2) Commingling restricted data (RD) and formerly restricted data (FRD) with CUI. 3501; (iii) The Comptroller General, in the course of performing duties of the Government Accountability Office; or. (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. (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). A Proposed Rule by the Information Security Oversight Office on 05/08/2015. (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. The documents posted on this site are XML renditions of published Federal 2108 and NARA's regulations at 36 CFR parts 1235, 1250, and 1256. Access to CUI (Lawful Government Purpose), The first thing to note is the standard for sharing CUI. (e) This part applies to all executive branch agencies that designate or handle information that meets the standards for CUI. 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. Designating entities may combine approved LDCs listed in the CUI Registry. (1) Before disseminating CUI, you must reasonably expect that all intended recipients are authorized to receive the CUI. Register documents. legal research should verify their results against an official edition of In this Issue, Documents All holders of this information must align protective measures to the standards of this Order and the CUI Program in 32 C.F.R. For information designated as CUI Specified, authorized holders must also follow the procedures in the underlying laws, regulations, or Government-wide policies. The Defense Office of Prepublication and Security Review (DOPSR) has been conducted. (e) Per section 4(e) of the Order, parties may appeal the CUI Executive Agent's decision through the Director of OMB to the President for resolution. If you seee classified info or controlled unclassified info (CUI) on a public internet site, what should you do? Protection includes all controls an agency applies or must apply when handling information that qualifies as CUI. 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 13556, 75 FR 68675, 3 CFR, 2010 Comp., pp. C. Controlled Access and Safeguarding . Controlled Unclassified Information (CUI) Sarah is a contractor working within the government on a contract requiring access to Secret information. However, if the CUI marking string is the final portion of the overall classified marking banner, do not use an ending double slash (//). (v) Follow the requirements of the Order, this part, and the CUI Registry if extracting a CUI portion for use in a new document. No, they use different reporing procedures. Information about this document as published in the Federal Register. (1) You may destroy CUI when: (i) Your agency no longer needs the information; and. 03/01/2023, 239 This document has been published in the Federal Register. (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. Share your choice with the class and discuss why you chose it. Unauthorized Disclosure, or UD, is the communication or physical transfer of classified information or controlled This site displays a prototype of a Web 2.0 version of the daily 0 Disseminating CUI to non-executive branch entities as authorized does not constitute public release; nor does releasing information to an individual pursuant to the Privacy Act of 1974. 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. (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. The Federal Information Security Modernization Act (FISMA) of 2014, 44 U.S.C. As defined in DoDM 5200.01, Volume 3, DoD Information Security Program, unauthorized disclosure is the communication or physical transfer of classified or controlled unclassified information to an unauthorized recipient. (3) Prior to disseminating CUI, you must mark CUI according to marking guidance issued by the CUI Executive Agent. A retired service member has just written an article on his last tour of duty for his hometown newspaper. (7) Exceptions to agreements. (g) This part creates no right or benefit, substantive or procedural, enforceable by law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Document also includes voice records, film, tapes, video tapes, email, personal computer files, electronic matter, and other data compilations from which information can be obtained, including materials used in data processing. (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. The proposed recipient is eligible to receive classified . Become the Ultimate Success Coach. (i) If an authorized holder publicly releases CUI in accordance with the designating agency's authorized procedures, the release constitutes decontrol of the information. Is a planned activity at a special event that is conducted for the benefit of an audience. However, agencies must mark as CUI any information they derive from such documents and re-use in a new document, if the information qualifies as CUI. The fact that records are subject to the Privacy Act of 1974 does not mean that agencies must mark them as CUI. An unclear facility custodian found the info. 415 0 obj <>/Filter/FlateDecode/ID[<7B6D50F06EC0F74BAB15BCB414C7B69F>]/Index[395 301]/Info 394 0 R/Length 122/Prev 221724/Root 396 0 R/Size 696/Type/XRef/W[1 3 1]>>stream (5) Analysis and conclusions from the self-inspection program, documented on an annual basis and as requested by the CUI Executive Agent. However, information on the number of small entities contracting, or wishing to contract, with the executive branch that have not already implemented appropriate information systems standards for handling CUI is unreported and difficult to collect, in part because it could reflect adversely on a contractor in other ways. documents in the last year, by the Rural Utilities Service daily Federal Register on FederalRegister.gov will remain an unofficial 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. If an authorized holder has significant doubt about whether it is appropriate to use a limited dissemination control, the authorized holder should consult with and follow the designating agency's policy. In order to have authorized access to classified information, an individual must have national security eligibility and a need- to-know the information, and must have executed a Standard Form 312, also known as SF-312, Classified Information Nondisclosure Agreement. (i) You must indicate CUI portions by placing the required portion marking for each portion inside parentheses, immediately before the portion to which it applies (e.g. 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. 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. (iii) Only the designating agency may apply limited dissemination controls to CUI. 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. 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. (ii) Authorized holders may consider specific items of CUI as decontrolled as of the date indicated, requiring no further review by, or communication with, the designator. 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. As a cleared employee, you should recall that authorized recipients must meet three requirements to access classified information. These statements sometimes coincide with LDCs. 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. (d) The Director of National Intelligence: After consultation with the heads of affected agencies and the Director of the Information Security Oversight Office, may issue directives to implement this part with respect to the protection of intelligence sources, methods, and activities. Is classified information or controlled unclassified information is in the public domain? Legacy material is unclassified information that was marked or otherwise controlled prior to implementation of the CUI Program. (4) The designating agency determines that the information qualifies for CUI status and applies the appropriate CUI marking at the time of designation. (g) Once decontrolled, any public release of information that was formerly CUI must be in accordance with existing agency policies on the public release of information. (ii) Records disposition schedules published or approved by NARA or other applicable laws, regulations, or Government-wide policies no longer require your agency to retain the records. (f) This part rescinds Controlled Unclassified Information (CUI) Office Notice 2011-01: Initial Implementation Guidance for Executive Order 13556 (June 9, 2011). 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. Authorized holders must meet the requirements to access_________in accordance with a lawful government purpose: Activity, Mission, Function, Operation and Endeavor. 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