(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. It then gets assigned Distribution Statement B, C, D, E, or F. These need an Export Controlled specification as the reason for the limitation. documents in the last year, 121 If the recipient isnt a US citizen, then you must also consider export controls that need government authorization. Present and Discuss Choose the image you find most interesting or persuasive. This repetition of headings to form internal navigation links (3) Receipt of CUI. In addition to consumers, we also hear from medical providers with questions about health insurance. (2) For hard copy transfer, place the appropriate CUI marking on the outside of the container to indicate that it contains information designated as CUI. (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. requirements must employees meet to access classified information? Controlled Unclassified Information (CUI) Which best describes original classification? CUI Program is the executive branch-wide program to standardize CUI handling by all Federal agencies. 4, 1442 AH. Arrangements may include safeguarding or dissemination controls. Controlled Unclassified Information (CUI) Sarah is a contractor working within the government on a contract requiring access to Secret information. What should be her first action? (a) The mere fact that information is designated as CUI has no bearing on determinations pursuant to any law requiring the disclosure of information or permitting disclosure as a matter of discretion. (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. (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 (/). NARA has taken steps, however, to alleviate the difficulty for contractors and small businesses of complying with information systems requirements, whether they already comply or will need to comply in future. 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. 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. What is a requirement for a transfer of classified information? You should disseminate and encourage access to CUI Basic for any recipient when it meets the requirements set out in paragraph (a)(1) of this section. Kimberly Keravuori, by email at regulations_comments@nara.gov, or by telephone at 301-837-3151. (iii) You must portion mark both CUI and uncontrolled unclassified portions. And This ensures compliance with export requirements, especially when non-US citizens visit their organizations. Working papers are documents or materials, regardless of form, that an agency or user expects to revise prior to creating a finished product. Access to CUI (Lawful Government Purpose), The first thing to note is the standard for sharing CUI. (c) If the agency does not indicate the CUI status on both the container and the TR or SF 258, NARA may assume the information was decontrolled prior to transfer, regardless of any CUI markings on the actual records. When feasible, executive branch agencies should enter formal information-sharing agreements and include a requirement that any non-executive branch party to the agreement comply with the Order, this part, and the CUI Registry. Which of the following types of UD involve the transfer of classified information? (iv) Pre-existing agreements. NARA has delegated this authority to the Director of the Information Security Oversight Office (ISOO). CrkO'[#iA?)w#j`kcQJcta'w}WgAZ,We=+[|b|OYk~b~'pP-Fh]c*.[nqy[:y:YyJ+eVMwl! Wie lange braucht leber um sich vom alkohol zu erholen. In your own words rewrite the phrases listed and briefly explain what framers meant by each phrase, These include the creation of a Japanese writing (kana) using Chinese characters, mostly phonetically, which permitted the production of the world's f You can specify conditions of storing and accessing cookies in your browser, Authorized holders must meet the requirements to access. When is a classified information classified as confidential? (3) Circumstances indicate that the employee or former employee had the capability and opportunity to disclose classified information that is known to have been lost or compromised to a foreign power or an agent of a foreign power. 267-270. If such agreements or arrangements include safeguarding or dissemination controls on unclassified information, the agency must not establish a parallel protection regime to the CUI Program: For example, the agency must use CUI markings rather than alternative ones (e.g., such as SBU) for safeguarding or dissemination controls on CUI received from or sent to foreign entities, must abide by any requirements set by the CUI category or subcategory's governing laws, regulations, or Government-wide policies, etc. The primary purpose of a directive is to direct the reader to additional sources of information. A determination of eligibility for access to classified information is a discretionary security decision based on judgments by appropriately trained adjudicative personnel. Executive branch agencies must Start Printed Page 26504include a requirement to comply with Executive Order 13556, Controlled Unclassified Information, November 4, 2010 (3 CFR, 2011 Comp., p. 267) (the Order), and this part in all contracts that require a contractor to handle CUI for the agency. edition of the Federal Register. This feature is not available for this document. 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. 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. This course also outlines the criminal and administrative sanctions which can be imposed for an unauthorized disclosure. The following is a summary of the section of law April 2022Awareness seriesITSAP.00.100April 2022 | Awareness seriesOrganizations and their networks are frequently targeted by threat actors who are looking to steal information. special programs, As 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 ____. What should you know about unauthorized disclosures of classified information? A. The President of the United States manages the operations of the Executive branch of Government through Executive orders. 3301 and 44 U.S.C. In the process of this three-part plan (rule, NIST publication, standard FAR clause), businesses will not only receive streamlined and uniform requirements for any unclassified information security needs, but will have information systems requirements tailored to contractor systems, allowing the businesses to help develop the requirements and to be in compliance with Federal uniform standards with less difficulty than currently. Authorized holders must meet the requirements to access ____________ in accordance with a lawful government purpose: Activity, Mission, Function, Operation, and Endeavor. (5) Supplemental administrative markings must not duplicate any CUI marking described in this part and the CUI Registry. However, all CUI must be marked when disseminated outside of that agency. transmitted? (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. Re-use means incorporating, disseminating, restating, or paraphrasing CUI from its originally designated form into a newly created document. Which of the following is a misconception? This proposed rule is significant under section 3(f) of Executive Order 12866 because it sets out a new program for Federal agencies. (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. Theres a common undertaking (between agencies, under a contract or an agreement), The contents will help achieve the shared goals. To whom should Tonya refer the media? The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. This count refers to the total comment/submissions received on this document as reported by Regulations.gov (last updated on 02/28/2023 at 10:25 pm). Designating agency is the executive branch agency that designates a specific item of information as CUI. To answer this, we must look at the laws and regulations that govern access to CUI. (h) You may request that the designating agency decontrol certain CUI. New Documents (3) Prior to disseminating CUI, you must mark CUI according to marking guidance issued by the CUI Executive Agent. (2) CUI Specified. 32 CFR 2002.4 (bb) defines this as. 05/07/2015 at 8:45 am. Register documents. The CUI Executive Agent (EA) approves limited dissemination controls (LDCs) and publishes them in the CUI Registry. %PDF-1.5 % 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. (iii) Only the designating agency may apply limited dissemination controls to CUI. CUI category or subcategory markings are the markings approved by the CUI Executive Agent for the categories and subcategories listed in the CUI Registry. To simplify this subject, we'll replace it with the all-encompassing word undertaking. (e) Reproducing CUI. Call me 702 907 7481. aj@ajpuedan.com. . (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. This prototype edition of the (6) When a pre-determined event or date occurs, as described in the decontrol indicators section of this part. Second, they must have a "need-to-know" for access to 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! (b) Agencies may not include any requirements on handling CUI other than those contained in the Order, this part, or the CUI Registry when entering into contracts, treaties, or other agreements with entities outside of that agency. (i) CUI limited dissemination control markings align with limited dissemination controls established under 2002.13(b)(3) of this part. A. These limited dissemination controls are separate from any controls that a CUI Specified authority requires or permits. Records are agency records and Presidential papers or Presidential records (or Vice-Presidential), as those terms are defined in 44 U.S.C. 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. Agencies must ensure that it trains employees on these matters when the employees first begin working for the agency and at least once every two years thereafter, at a minimum. 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 A regulation binds agencies throughout the executive branch to uniformly apply the Program's standard safeguards, markings, and disseminating and decontrol requirements. What should be her first action? Transcript: Selecting the Transcript tab will display the full text of the audio for that screen. (b) Where laws, regulations, or Government-wide policies governing certain categories or subcategories of CUI specifically establishes sanctions, agencies must adhere to such sanctions. 105; the United States Postal Service; and any other independent entity within the executive branch that designates or handles CUI. (2) Designate a CUI senior agency official responsible for ensuring agency implementation, management, and oversight of the CUI Program. Such directives must be consistent with the Order, this part, and the CUI Registry. When does an agency decide to classify information? (iii) Add Not Applicable (or N/A) to RD/FRD portions to the Decontrol On line for commingled documents. Unauthorized disclosure occurs when individuals or entities that do not have a lawful Government purpose to access the CUI gain access to it. documents in the last year, 24 Unauthorized disclosure is the communication or physical transfer of classified information or controlled unclassified information (CUI) to an unauthorized recipient. Handle CUI per Executive Order 13556, 32 CFR 2002, and the CUI Registry, Misuse of CUI is subject to penalties established by laws, regulations, or Government-wide policies, Requirements to report any non-compliance to the disseminating agency. Report it to you security manager or FSO. Submit comments on or before July 7, 2015. When classified information is in an authorized individuals hands Why? (1) Must be at the Senior Executive Service level or equivalent; (2) Direct and oversee the agency's CUI Program; (4) Ensure the agency has CUI implementing policies and plans, as needed; (5) Implement an education and training program pursuant to 2002.20 of this part; (6) Upon request of the CUI Executive Agent under section 5(c) of the Order, provide an update of CUI implementation efforts for subsequent reporting; (7) Develop and implement the agency's self-inspection program; (8) Establish a process to accept and manage challenges to CUI status, consistent with existing processes based in laws, regulations, and Government-wide policies; and. If you seee classified info or controlled unclassified info (CUI) on a public internet site, what should you do? (2) Agency personnel must comply with policy in the Order, this part, and the CUI Registry, and review their agency's CUI policies for additional instructions. A(n) ____________ special occasion is speech given by the recipient of a prize or honor. The agency head or CUI senior agency official should determine frequency based on program needs and the degree of designation activity. CUI and the Freedom of Information Act (FOIA). 4 When classified information is in an authorized individuals hands Why? 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). Decontrolling CUI relieves authorized holders from handling requirements. What else must he do before releasing the article to the newspaper?Contact the Public Affairs Office (PAO) for a review of public affairs specific considerations.The requirements for protecting classified information from unauthorized disclosure when using social networking services are the same as when using other media and methods of dissemination.TrueTonya Rivera was contacted by a news outlet with questions regarding her work. True, An individual with access to classified information sent a classified email across a network that is not authorized to process classified information. When we restate this in simple terms, we get any undertaking that the Government affirms as within the scope of its legal authorities.. 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, Isnt restricted by an authorized limited dissemination control established by the CUI EA. (10) Considers and resolves, as appropriate, disputes, complaints, and suggestions about the CUI Program from entities in or outside the Government; and. Only the designating agency and authorized holders may apply LDCs. Agency includes any executive agency, as defined in 5 U.S.C. (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. Authorized holders disseminate and allow access to CUI Specified as required or permitted by the authorizing laws, regulations, or Government-wide policies that established that CUI Specified. Controls on accessing and disseminating CUI, Electronic Code of Federal Regulations (e-CFR), Subtitle B - Other Regulations Relating to National Defense, CHAPTER XX - INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, PART 2002 - CONTROLLED UNCLASSIFIED INFORMATION (CUI), Subpart B - Key Elements of the CUI 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. corresponding official PDF file on govinfo.gov. Before classified information is transferred onto a system, the user must. documents in the last year, 861 (a) When feasible, agencies must decontrol records containing CUI prior to transferring them to NARA. A single standard that de-conflicts requirements for contractors or potential contractors when contracting with multiple Government agencies will be simpler to execute and reduce costs. While every effort has been made to ensure that (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. 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. Lets simplify this to affirm. Sections 2.6 and 3.3 of Executive Order 12968 provide only limited exceptions to these requirements. 3 What is controlled classified information? Unauthorized disclosures, as defined in the NdA, carry the same penalties regardless of the classification level. Others must request permission from the designating agency. Select all that apply. 1503 & 1507. What is the name of type of beds in a hospital that are defined by those authorized by the state? Agencies should manage their use by means of agency policy. (b) NARA's Director of the Information Security Oversight Office (ISOO) performs the duties assigned to NARA as the CUI Executive Agent. ___________ is described as the process by which info proposed for public release is examined by the Defence office of Prepublication and Security Review (DOPSR) for compliance with established national and DOD policies to determine wheater it contains any classified info. (c) Methods of disseminating CUI. Agencies may not impose controls that unlawfully or improperly restrict access to CUI. (1) Agencies are permitted and encouraged to portion mark all CUI, to facilitate information sharing and proper handling. Pre-decisional, Deliberative, Draft) for use with CUI. 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. (5) Ensures that challengers are not subject to retribution for bringing such challenges. documents in the last year. DATES: Submit comments on or before July 7, 2015. NARA therefore opens this topic for input from small businesses during the public comment period. The Public Inspection page (i) When CUI senior agency officials grant such waivers, they must still ensure that the agency appropriately safeguards and disseminates the CUI. (1) CUI markings listed in the CUI Registry are the only control markings authorized to designate unclassified information requiring safeguarding or dissemination controls. 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