As a cleared employee, you should recall that authorized recipients must meet three requirements to access classified information. (4) The designating agency determines that the information qualifies for CUI status and applies the appropriate CUI marking at the time of designation. electronic version on GPOs govinfo.gov. 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. (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. (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. What type of unathorized disclosure has occurred? It is not an official legal edition of the Federal (i) CUI limited dissemination control markings align with limited dissemination controls established under 2002.13(b)(3) of this part. 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). CUI category or subcategory markings are the markings approved by the CUI Executive Agent for the categories and subcategories listed in the CUI Registry. Second, they must have a "need-to-know" for access to 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. (f) Portion marking CUI. 03/01/2023, 205 Such directives must be consistent with the Order, this part, and the CUI Registry. Sec. (a) Authorized holders of CUI who, in good faith, believe that its designation as CUI is improper or incorrect should notify the designating agency of this belief. (2) Other non-executive branch entities. 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. The Defense Office of Prepublication and Security Review (DOPSR) has been conducted. (1) Agency heads may authorize the use of supplemental administrative markings (e.g. (j) Using supplemental administrative markings with CUI. The Archivist of the United States can decontrol records transferred to the National Archives. (ii) When the authorizing laws, regulations, or Government-wide policies for a specific CUI Specified category or subcategory is silent on a safeguarding or disseminating requirement, agencies must handle that requirement using the CUI Basic standards, unless this results in any treatment that is inconsistent with the CUI Specified authority. 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. The documents posted on this site are XML renditions of published Federal Others must request permission from the designating agency. If the information contained in a sub-paragraph or sub-bullet is a different CUI category or subcategory from its parent paragraph or parent bullet, this does not make the parent paragraph or parent bullet controlled at that same level. (1) Agencies must apply information system requirements to CUI that are consistent with already-required NIST standards and guidelines and OMB policies. 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. What is a requirement for a transfer of classified information? Agencies may not modify CUI Program markings or deviate from the method of use prescribed by the CUI Executive Agent in an effort to accommodate existing agency marking practices, except in extraordinary circumstances approved by the CUI Executive Agent. 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. All of the above, Authorized holders must meet the requirements to access ____________ in accordance with a lawful government purpose: Activity, Mission, Function, Operation, and Endeavor. The initial determination information needs protection, Sarah is a contractor working within the government on a contract requiring access to Secret information. 3 What is controlled classified information? Treat unmarked information that qualifies as CUI as described in the Order, this part, and the CUI Registry. 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. Use the PDF linked in the document sidebar for the official electronic format. Until the ACFR grants it official status, the XML Other entities that receive CUI and seek to apply additional controls must request permission to do so from the designating agency. DATES: Submit comments on or before July 7, 2015. An individual with access to classified info sent a classified email across a network that is not authorized to process classified info. This requirement does not apply if the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities (5 U.S.C. No, they use different reporing procedures. An individual (a) CUI senior agency officials establish agency processes and criteria for reporting and investigating misuse of CUI. (9) Establish processes and criteria for reporting and investigating misuse of CUI. The president must sign an executive agreement without the Senate, but must have approval of the House and the Supreme Court. 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. CUI Basic is the default set of standards agencies must apply to all CUI unless the CUI Registry annotates the relevant information as CUI Specified. (1) CUI Basic. B. 2011, et seq. (a) Agency policies pertaining to CUI do not apply to entities outside that agency unless the CUI Executive Agent approves their application and publishes them in the CUI Registry. DoDI 5230.24 authorizes distribution statements for use with controlled technical information. 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. (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. First, they must have a favorable determination of eligibility at the proper level for access to classified information. The CUI Executive Agent consults with affected agencies to develop and document the Council's structure and procedures, and submits the details to OMB for approval. False, __________________ relates to reporting of gross mismanagement and/or abuse of authority. This publication has already undergone one round of public comment as NIST SP-800-171 and is undergoing a second round of public comment until May 12, 2015; we expect to finalize it in June 2015. 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. What should be her first action? (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. ( i) The CUI Registry annotates CUI that requires or permits Specified controls based on law, regulation, and Government-wide policy. (c) Only personnel that an agency authorizes may decontrol CUI. Non-US citizens must execute a nondisclosure agreement approved by appropriate DoD Component authorities. 1.4. D. The Senate must approve a treaty by a two-thirds vote, and its terms must be found to be constitutional by the Supreme Court, what type of energy is obtain through food. (j) Unauthorized disclosure of CUI does not constitute decontrol. NARA believes that this proposed rule will benefit industry that contracts with the Federal Government, including small businesses. 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. As a medical provider, learn more about your rights and responsibilities for the health plans we (a) A person may have access to classified information provided that: (1) a favorable determination of eligibility for access has been made by an agency head or the agency head's designee; (2) the person has signed an approved nondisclosure agreement; and. If any businesses are not in compliance with these requirements, or are substantially out of compliance, the impact on those entities may be significant. 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. (b) The self-inspection program must include no less than annual periodic review and assessment of the agency's CUI program. (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. Unauthorized disclosures, as defined in the NdA, carry the same penalties regardless of the classification level. Agencies and authorized holders must follow the requirements in the CUI Registry. (h) Nothing in this part alters, limits, or supersedes a requirement stated in laws, regulations, or Government-wide policies. The OFR/GPO partnership is committed to presenting accurate and reliable To whom should Tonya refer the media?Facility Security Officer (FSO)One of your co-workers, Yuri, found classified information on the copy machine next to your cubicles. 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. (6) The CUI Program does not require agencies to redact or re-mark documents that bear legacy markings. of the issuing agency. establishing the XML-based Federal Register as an ACFR-sanctioned (ii) If you include in the banner marking other authorized CUI markings in addition to the CUI control marking (as set out below), separate those elements from the CUI control marking by a single slash (/). (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. (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 (/). The Archivist decontrols records to facilitate public access pursuant to 44 U.S.C. An individual with access to classified information sent a classified email across a network that is not authorized to process classified information. (1) Where feasible, designating agencies must include a specific decontrolling date or event with all media containing CUI. A(n) ____________ special occasion is speech given by the recipient of a prize or honor. Okay, maybe that confused you even more. Information Security Oversight Office, NARA. NARA certifies, after review and analysis, that this proposed rule will not have a significant adverse economic impact on small entities. Examples of this type of unauthorized disclosure include, but are not limited to, leaving a classified document on a photocopier, forgetting to secure classified information before leaving your office, and discussing classified information in earshot (1) When you include CUI in documents that also contain classified information, you must make the following changes to the CUI marking scheme: (i) Portion mark all CUI to ensure that CUI portions can be distinguished from portions containing classified and uncontrolled unclassified information; (ii) Include CUI Specified category and subcategory markings in the overall banner marking; (iii) Include the CUI control marking (CUI) in the overall marking banner directly before the CUI category and subcategory markings (e.g., CUI/SP-PCII). (1) You may reproduce (e.g., copy, scan, print, electronically duplicate) CUI in furtherance of a lawful Government purpose. Authorized holders dont have to mark that CUI is no longer controlled unless theyre re-using it. Jane Johnson found classified info in the office breakroom. (5) In order to disseminate CUI to a non-executive branch entity, you must have a reasonable expectation that the recipient will continue to control the information in accordance with the Order, this part, and the CUI Registry. The Supreme Court must decide whether the treaty is constitutional, but Congress can override the court with approval of the president. (i) Agencies must impose dissemination controls judiciously and should do so only to apply necessary restrictions on access to CUI, including those required by law, regulation, or Government-wide policy. About the Federal Register 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. For information designated as CUI Specified, authorized holders must also follow the procedures in the underlying laws, regulations, or Government-wide policies. 5312(a) or by a holding company as defined in 12 U.S.C. publication in the future. should verify the contents of the documents against a final, official (2) Agencies should impose controls only as necessary to abide by restrictions on access to CUI. Which of the following must she have to meet the requirement to access classified information?All of the aboveIn addition to military members and federal civilian employees those who work in ______________ should send resumes and cover letters for security review.special programsAs a military member or federal civilian employee, it is a best practice to ensure your current or last command conduct a security review of your resume and ____.cover letterA retired service member has just written an article on his last tour of duty for his hometown newspaper. Classification Categories. As a result, the Order established the CUI Program to standardize the way the executive branch handles information that requires safeguarding or dissemination controls (excluding information that is classified under Executive Order 13526, Classified National Security Information, 75 FR 707 (December 29, 2009), or any predecessor or successor order; or the Atomic Energy Act of 1954 (42 U.S.C. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). When laws, regulations, or Government-wide policies no longer need its control as CUI, When the agency discloses it under a relevant data access statute, such as the FOIA, or the Privacy Act (when legally permissible), When a predetermined event or date occurs as described in 2002.20(g), unless a law, regulation, or Government-wide policy requires coordination first. New Documents (iii) CUI limited dissemination control portion markings (if required). (b) Controls on accessing and disseminating CUI -. 4, 1442 AH. What is controlled classified information? (1) Before disseminating CUI, authorized holders must reasonably expect that all intended recipients have a lawful Government purpose to receive the CUI. 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! 2108 and NARA's regulations at 36 CFR parts 1235, 1250, and 1256. has no substantive legal effect. 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. Authorized holder is an individual, agency, organization, or group of users that is permitted to designate or handle CUI" (32 CFR 2002.4 (d)). Whether the treaty is constitutional, but must have a significant adverse authorized holders must meet the requirements to access on. 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