When classified information or controlled unclassified information is transferred or (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. (e) CUI decontrolling indicators. Is the process of encoding a message or information in such a way that only authorized parties can access it? The verbs that join these sections are authorize or recognize. (1) Where feasible, designating agencies must include a specific decontrolling date or event with all media containing CUI. establishing the XML-based Federal Register as an ACFR-sanctioned This proposed rule does not contain any information collection requirements subject to the Paperwork Reduction Act. on NARA's archives.gov. 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. The CUI banner marking must cover all CUI in the document and the CUI banner must be the same on each page. 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. Arrangements may include safeguarding or dissemination controls. !s5Yp:VL>N|\W What is a requirement for a transfer of classified information? (i) The CUI Registry lists the category and subcategory markings, which align with the CUI's designated category or subcategory. Consistent with the Order, these requirements are based on applicable Government-wide standards and guidelines issued by the National Institute of Standards and Technology (NIST), and applicable policies established by OMB (Section 6a3). If a document contains export-controlled technical data, it receives an export control warning. Authorized holders must meet the requirements to access Operation in accordance with a lawful government purpose. For the reasons stated in the preamble, NARA proposes to amend 32 CFR, Chapter XX, by adding part 2002 to read as follows: Authority: (c) Prior to the CUI Program, agencies often employed ad hoc, agency-specific policies, procedures, and markings to handle this information. (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. A government representative of the submitting office must sign DD Form 1910. 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. 5l1/Ccrz)^evl9|dw'~V{]t}'U7tnUtHrf;5hw \=cqs\!7t(}::%zXMmLUhPZ\{zkef?=o2>F w{[gP]Y" >)Xwh~;}luF UaH.J{sz9p&X1vJ>gwF@_w~tW}'&;,^;?[|{.wt'?.d@MoJ?~Eq! 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. 6 What should you know about unauthorized disclosures of classified information. DATES: Submit comments on or before July 7, 2015. Learn more here. (iv) Follow the requirements of 10 CFR part 1045 when extracting an RD or FRD portion for use in a new document. Non-US citizens employed by the DoD may receive CUI if Access is within the scope of their assigned duties, Access would further the execution of a DoD undertaking, Access is not detrimental to DoD interests or the US Government, There are no contract restrictions prohibiting access. such protections should accompany the CUI if the entity further distributes it. (ii) In the absence of specific dissemination restrictions, agencies may disseminate and allow access to the CUI as they would for CUI Basic. 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 Such directives must be consistent with the Order, this part, and the CUI Registry. 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. These tools are designed to help you understand the official document Is classified information or controlled unclassified information is in the public domain? Agencies need ways for employees to report these incidents. The Defense Office of Prepublication and Security Review (DOPSR) has been conducted. 4, 1442 AH. Kimberly Keravuori, by email at regulations_comments@nara.gov, or by telephone at 301-837-3151. The second part of the definition identifies the authority. It complies with DoDD 8500.01E, DoD 5200.2-R, and export control regulations. (k) Unmarked CUI. As the Federal Government's Executive Agent for Controlled Unclassified Information (CUI), the Information Security Oversight Office (ISOO) of the National Archives and Records Administration (NARA) implements the Federal Government-wide CUI Program. (2) CUI Specified. daily Federal Register on FederalRegister.gov will remain an unofficial developer tools pages. CUI Basic is the default, uniform set of standards for handling all categories and subcategories of CUI. (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. 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. are not part of the published document itself. Businesses that currently meet all standards will have a clearer and easier time doing so in the future with virtually no negative impact, and businesses that do not currently meet standards will be able to bring themselves into compliance more easily as well, thus reducing the potential impact coming into compliance would have on them. (3) Marking. Authorized holders must meet the requirements to access_________in accordance with a lawful government purpose: Activity, Mission, Function, Operation and Endeavor. that agencies use to create their documents. cover letter. collateral series rotten tomatoes Classification levels and content The U.S. government uses three levels of classification to designate how sensitive certain information is: confidential, secret and top secret. All recipients need to know how to handle CUI when sharing with an authorized non-executive branch entity. (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. Jane Johnson found classified information in the office breakroom. (5) Do not put CUI markings on the outside of an envelope or package. 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. corresponding official PDF file on govinfo.gov. Agency heads or the CUI senior agency official must establish processes for handling CUI decontrol requests submitted by authorized holders. transmitted? (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. 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. (v) Designating entities may combine approved limited dissemination controls listed in the CUI Registry to accommodate necessary practices. No, they use different reporing procedures. (b) If parties to a dispute cannot reach a mutually acceptable resolution, either party may refer the matter to the CUI Executive Agent. This can either be the US Government or non-executive branch entities, such as state and local law enforcement. (a) This part describes the executive branch's Controlled Unclassified Information (CUI) Program (the CUI Program) and establishes policy for designating, handling, and decontrolling information that qualifies as CUI. 395 0 obj <> endobj (b) Accordingly, agencies must ensure that: (1) They do not cite the FOIA as a CUI safeguarding or disseminating control authority for CUI; and. When does an agency decide to classify information? regulatory information on FederalRegister.gov with the objective of ), as amended. Agencies may increase the confidentiality impact level above moderate and apply additional security requirements and controls only internally; they may not require anyone outside the agency to use a higher impact level or more stringent security requirements and controls. The first part of the definition identifies a reason to share the information. 603). (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). Is an avenue for reporting the unauthorized disclosure of classified information and controlled unclassified information? Limited dissemination is any type of control on disseminating CUI approved for use by the CUI Executive Agent. (5) In cases where portions consist of several segments, such as paragraphs, sub-paragraphs, bullets, and sub-bullets, and the control level is the same throughout, you may place a single portion marking at the beginning of the primary paragraph or bullet. Register (ACFR) issues a regulation granting it official legal status. (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. You may not use alternative markings to identify or mark items as CUI. Controlled environment is any area or space an authorized holder deems to have adequate physical or procedural controls (e.g., barriers and managed access controls) to protect CUI from unauthorized access or disclosure. This review requires an agency to prepare an initial regulatory flexibility analysis and publish it when the agency publishes the proposed rule. As defined in DoDM 5200.01, Volume 3, DoD Information Security Program, unauthorized disclosure is the communication or physical transfer of A determination of eligibility for access to classified information is a discretionary security decision based on judgments by appropriately trained adjudicative personnel. The Archivist of the United States can decontrol records transferred to the National Archives. 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. documents in the last year, 121 While every effort has been made to ensure that The Public Inspection page 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. Is the act of using email fraudulently to try to get the recipient to reveal personal data? To disseminate CUI to a non-executive branch entity, authorized holders must reasonably expect that all intended recipients are authorized to receive the CUI and have a basic understanding of how to handle it. (3) Limited dissemination. Now that this is a little easier to understand, what does it mean for sharing CUI? Report it to you security manager or FSO. (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. (iii) Foreign entity sharing. Threat What Is Federated Identity?Derrick Rountree, in Federated Identity Primer, 20132.2.1.1.2 BiometricsBiometric authentication involves using some part of your physical makeup to authenticate you. Banner marking must cover all CUI in the office breakroom ) designating entities may approved! As CUI and Endeavor Register on FederalRegister.gov will remain an unofficial developer tools pages document contains export-controlled data! 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