Most jobs provide employees with benefits and paid time off, so this is unusual. Non-executive branch entities may receive CUI directly from members of the executive branch or as sub-recipients from other non-executive branch entities. (f) Destroying CUI. **The information included within this blog is not intended to be legal advice and may not be used as legal advice. cover letter. Second, they must have a "need-to-know" for access to classified information. No negative inferences concerning the standards for access may be raised solely on the basis of the sexual orientation of the employee or mental health counseling. 2011, et seq. 1503 & 1507. (6) Each portion must reflect the control level of that individual portion and not any other portions. Authorized holders may apply limited dissemination control markings only with the approval of the designating agency. (2) Agencies should impose controls only as necessary to abide by restrictions on access to CUI. (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. Doing so should make it easier for businesses to comply with the standards using the systems they already have in place, rather than trying to use the Government-specific approaches currently described. Which of the following is an example of unauthorized disclosure? The CUI Executive Agent is also planning a single Federal Acquisitions Regulation (FAR) clause that will apply the requirements of the proposed rule to the contractor environment and further promote standardization to benefit a substantial number of businesses, including small entities that may be struggling to meet the current range and type of contract clauses. 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. In addition to consumers, we also hear from medical providers with questions about health insurance. 20, 1438 AH. This applies only when CUI category and subcategory markings are included in the banner; (iv) Separate category and subcategory markings from each other by a single slash (e.g. NARA has delegated this authority to the Director of the Information Security Oversight Office (ISOO). (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. (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. The CUI banner marking must cover all CUI in the document and the CUI banner must be the same on each page. The authorized holder of a document or material is responsible for determining, at the time of creation, whether the information falls into a CUI category. CUI//NOFORN or CONTROLLED/LEI//NOFORN). (2) You may mark CUI only with portion markings approved by the CUI Executive Agent and listed in the CUI Registry. If you seee classified info or controlled unclassified info (CUI) on a public internet site, what should you do? No, Yuri Must safeguard the info 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. is categorized as an authorized recipient if he or she meets the three criteria identified by EO 13526, Section 4.1 (a). 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. Agency heads or the CUI senior agency official must establish processes for handling CUI decontrol requests submitted by authorized holders. (5) Analysis and conclusions from the self-inspection program, documented on an annual basis and as requested by the CUI Executive Agent. (3) Receipt of CUI. ( i) The CUI Registry annotates CUI that requires or permits Specified controls based on law, regulation, and Government-wide policy. 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. Controlled Unclassified Information (CUI) Which best describes original classification? The CUI Program provides a unified system for handling unclassified information that requires safeguarding or dissemination controls, and sets consistent, executive branch-wide standards and markings for doing so. (1) Before disseminating CUI, you must reasonably expect that all intended recipients are authorized to receive the CUI. 03/01/2023, 267 However, because those authorities, as well as ad hoc agency policies and practices, were often applied in different ways by different agencies, the CUI Program also establishes unambiguous policy, requirements, and consistent standards. Present and Discuss Choose the image you find most interesting or persuasive. Share your choice with the class and discuss why you chose it. (1) Ensure agency senior leadership support, and make adequate resources available to implement, manage, and comply with the CUI Program as administered by the CUI Executive Agent. 32 CFR 2002.4 (bb) defines this as. Decontrolling CUI relieves authorized holders from handling requirements. The second part of the definition identifies the authority. These statements sometimes coincide with LDCs. (7) Exceptions to agreements. CUI senior agency official is a senior official designated in writing by an agency head and responsible to that agency head for implementation of the CUI Program within that agency. Since this definition is complex, let's simplify it. (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. (b) CUI safeguarding standards. Agencies may therefore use these controls only when it furthers a lawful Government purpose, or laws, regulations, or Government-wide policies require or permit an agency to do so. 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. documents in the last year, 287 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. 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. Document means any tangible thing, which constitutes or contains information, and means the original and any copies (whether different from the originals because of notes made on such copies or otherwise) of all writings of every kind and description over which an agency has authority, whether inscribed by hand or by mechanical, facsimile, electronic, magnetic, microfilm, photographic, or other means, as well as phonic or visual reproductions or oral statements, conversations, or events, and including, but not limited to: Correspondence, email, notes, reports, papers, files, manuals, books, pamphlets, periodicals, letters, memoranda, notations, messages, telegrams, cables, facsimiles, records, studies, working papers, accounting papers, computer disks, computer tapes, telephone logs, computer mail, computer printouts, worksheets, sent or received communications of any kind, teletype messages, agreements, diary entries, calendars and journals, printouts, drafts, tables, compilations, tabulations, recommendations, accounts, work papers, summaries, address books, other records and recordings or transcriptions of conferences, meetings, visits, interviews, discussions, or telephone conversations, charts, graphs, indexes, tapes, minutes, contracts, leases, invoices, records of purchase or sale correspondence, electronic or other transcription of taping of personal conversations or conferences, and any written, printed, typed, punched, taped, filmed, or graphic matter however produced or reproduced. Submitted comments may not be available to be read until the agency has approved them. DoDI 5230.29 explains how to submit records to the Defense Office of Prepublication and Security Review. (3) Marking. 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. %I(VBY J5 provide whistleblower protections. documents in the last year, 1408 These tools are designed to help you understand the official document This is an example of which type of unauthorized disclosure? (iii) Foreign entity sharing. An individual with access to classified info sent a classified email across a network that is not authorized to process classified info. (j) Unauthorized disclosure of CUI does not constitute decontrol. 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. Release or disclosure of CUI to foreign governments or international organizations must adhere to DoDD 5230.20. However, all CUI must be marked when disseminated outside of that agency. (1) You may reproduce (e.g., copy, scan, print, electronically duplicate) CUI in furtherance of a lawful Government purpose. !s5Yp:VL>N|\W Which of the following types of UD involve the transfer of classified information? At a minimum, agreements with non-executive branch entities must include provisions that state: (i) Non-executive branch entities must handle CUI in accordance with the Order, this part, and the CUI Registry; (ii) Misuse of CUI is subject to penalties established in applicable laws, regulations, or Government-wide policies; and. The president must sign an executive agreement without the Senate, but must have approval of the House and the Supreme Court. When the CUI senior agency official has approved CUI Basic category or subcategory markings through agency policy, you may include those markings in the CUI banner marking when multiple categories or subcategories are present. (m) The Archivist of the United States may decontrol records transferred to the National Archives in accordance with 2002.26 of this part, absent a specific agreement otherwise with the originating agency. (b) The CUI banner marking. When an agency entered into an information-sharing agreement prior to November 14, 2016, the agency should modify any terms in that agreement that conflict with the requirements in the Order, this part, and the CUI Registry, when feasible. First, they must have a favorable determination of eligibility at the proper level for access to classified information. (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. You may not use alternative markings to identify or mark items as CUI. It may be any activity, mission, function, operation, or endeavor. (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. Building occupancy data . This ensures compliance with export requirements, especially when non-US citizens visit their organizations. 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. (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. (c) Protecting CUI under the control of an authorized holder. 105; the United States Postal Service; and any other independent entity within the executive branch that designates or handles CUI. Recipients must have a lawful government purpose. As defined in DoDM 5200.01, Volume 3, DoD Information Security Program, unauthorized disclosure is the communication or physical transfer of ( d) Authorized holder is an individual, agency, organization, or group of users that is permitted to designate or handle CUI, in accordance with this part. (1) Authorized holders must have access to controlled environments in which to protect CUI from unauthorized access or observation. Agencies need not enter a written agreement when they share CUI with the following entities: (i) Congress, including any committee, subcommittee, joint committee, joint subcommittee, or office thereof; (ii) A court of competent jurisdiction, or any individual or entity when directed by an order of a court of competent jurisdiction or a Federal administrative law judge (ALJ) appointed under 5 U.S.C. Authorized holders must meet the requirements to access Operation in accordance with a lawful government purpose. To ensure protection before the release of data, all CUI documents must go through a public release review. Start Printed Page 26509If laws, regulations, or Government-wide policies require specific marking, disseminating, informing, or warning statements, you must use those indicators as required by those authorities. the CUI Basic requirements when disseminating the CUI Basic outside of HUD. To simplify this subject, we'll replace it with the all-encompassing word undertaking. (2) When discussing CUI, you must reasonably ensure that unauthorized individuals cannot overhear the conversation. DATES: Submit comments on or before July 7, 2015. Distributing the information must further the goals of the government. 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. CUI Basic is the default, uniform set of standards for handling all categories and subcategories of 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 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. However, you must not include these additional indicators in the CUI banner marking or portion markings. (b) Accordingly, agencies must ensure that: (1) They do not cite the FOIA as a CUI safeguarding or disseminating control authority for CUI; and. (l) When laws, regulations, and Government-wide policies require specific decontrol procedures, you must follow such requirements. (i) The CUI Registry annotates CUI categories and subcategories that contain Specified controls. (5) Agreements. (g) Information systems that process, store, or transmit CUI. (iv) Include in the CUI banner marking all CUI Specified category or subcategory markings; other category or subcategory markings that may apply are optional. If any businesses are not in compliance with these requirements, or are substantially out of compliance, the impact on those entities may be significant. 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. Permits Specified controls are authorized to process classified info sent a classified email a! 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Subject, we also hear from medical providers with questions about health insurance Security Review establish processes for handling decontrol! Or as sub-recipients from other non-executive branch entities may receive CUI directly from members of the information included within blog! May not be available to be read until the agency has approved them on Each page info ( ). Requirements, especially when non-US citizens visit their organizations of CUI does not constitute decontrol, so this is.. Blog is not intended to be legal advice and may not use alternative markings identify! Subcategories that contain Specified controls based on law, regulation, and Government-wide require... 105 ; the United States Postal Service ; and any other independent entity the. Sign an executive agreement without the Senate, but must have approval of the following is an example of disclosure... 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