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. 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. (i) When CUI senior agency officials grant such waivers, they must still ensure that the agency appropriately safeguards and disseminates the CUI. 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. First, they must have a favorable determination of eligibility at the proper level for access to classified information. Before classified information is transferred onto a system, the user must. (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. When the disseminating agency is not the designating agency, the disseminating agency must notify the designating agency. Protection includes all controls an agency applies or must apply when handling information that qualifies as CUI. the CUI Basic requirements when disseminating the CUI Basic outside of HUD. (2) The designation indicator must be readily apparent to authorized holders and may appear only on the first page or cover. Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). Second, they must have a "need-to-know" for access to This prototype edition of the 03/01/2023, 239 03/01/2023, 205 Authorized holders must meet the requirements to access_________in accordance with a lawful government purpose: Activity, Mission, Function, Operation and Endeavor. Document also includes the file, folder, exhibits, and containers, and the labels on them, associated with each original or copy. (2) Designate a CUI senior agency official responsible for ensuring agency implementation, management, and oversight of the CUI Program. (e) This part applies to all executive branch agencies that designate or handle information that meets the standards for CUI. on on NARA's archives.gov. The CUI senior agency official is the primary point of contact for official correspondence, accountability reporting, and other matters of record between the agency and the CUI Executive Agent. authorized recipients must meet three requirements to access classified information. 3 What is controlled classified information? (h) Transmittal document marking requirements. CUI and the Freedom of Information Act (FOIA). (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. These limited dissemination controls are separate from any controls that a CUI Specified authority requires or permits. This may include intentional violations or unintentional errors in safeguarding or disseminating CUI. What should you know about unauthorized disclosures of classified information? collateral series rotten tomatoes (iv) Individuals or entities, when the agency releases information to them pursuant to a FOIA or Privacy Act request. 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. documents in the last year, 20 (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. Which of the following is an example of unauthorized disclosure? include documents scheduled for later issues, at the request Treat unmarked information that qualifies as CUI as described in the Order, this part, and the CUI Registry. You can find the complete list of LDCs here. Federal Register issue. (i) You may place limits on disseminating CUI only through the use of limited dissemination controls approved by the CUI Executive Agent and published in the CUI Registry. (b) The CUI banner marking. These can be useful 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! Lets simplify this to affirm. Working papers are documents or materials, regardless of form, that an agency or user expects to revise prior to creating a finished product. documents in the last year, 37 Then underline the gerund within each phrase. Disseminating occurs when authorized holders transmit, transfer, or provide access to CUI to other authorized holders through any means.Start Printed Page 26505. headings within the legal text of Federal Register documents. By now, you know the key considerations for sharing this sensitive information. These tools are designed to help you understand the official document (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. FIPS Publication 200 and OMB Memorandum-14-04, November 18, 2013, require all Federal agencies to also apply the appropriate security requirements and controls from NIST SP 800-53. Classification Categories. 20, 1438 AH. 32 CFR 2002.4 (bb) defines this as. 3501; (iii) The Comptroller General, in the course of performing duties of the Government Accountability Office; or. (a) All parties to a dispute arising from implementation or interpretation of the Order, this part, or the CUI Registry should make every effort to resolve the dispute expeditiously. From all available information, NARA believes this impact will be minimal, but reporting on non-compliance with these OMB and NIST standards is limited. The CUI program only permits Authorized Holders - those who designate or handle CUI - to apply additional markings called Limited Dissemination Controls, to CUI handled or designated by the CUI Basic is the default, uniform set of standards for handling all categories and subcategories of CUI. (b) At a minimum, agencies must ensure that personnel who have access to CUI receive training on creating CUI, relevant CUI categories and subcategories, the CUI Registry, associated markings, and applicable safeguarding, disseminating, and decontrolling policies and procedures. (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. NARA has delegated this authority to the Director of ISOO, a NARA component. (f) You must remove or strike through with a single straight line all CUI markings when restating, paraphrasing, re-using, releasing to the public, or donating CUI to a private institution. What makes someone an authorized recipient of classified information? is categorized as an authorized recipient if he or she meets the three criteria identified by EO 13526, Section 4.1 (a). Despite all of this, there may still be a significant impact on small businesses, related to bringing themselves into compliance with existing standards that will be applied uniformly under this rule. Relevant information about this document from Regulations.gov provides additional context. 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. Additionally, any and all classified, Special Access Program or SAP or Sensitive Compartmented Information or SCI must be reported via specific channels. To develop policy and provide oversight for the CUI Program, the Order also appointed NARA as the CUI Executive Agent. Report it to you security manager or FSO. (d) If a challenging party disagrees with the response to their challenge, that party may use the Dispute Resolution procedures described in 2002.23 of this part. 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. 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. ( 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. 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. Whistleblowing is the process through which an individual provides the right information to the right people while protecting national security assets from UD. They identify unclassified information that requires safeguarding or dissemination controls, pursuant to and consistent with applicable laws, regulations, and Government-wide policies. Which type of unauthorized disclosure has occurred? Which of the following must she have to meet the requirement to access classified information? If the recipient isnt a US citizen, then you must also consider export controls that need government authorization. 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 What is the process of encoding messages or information in such a way that only authorized people can easily access it? And it also authorizes statements for use with other scientific, technical, and engineering data. **The information included within this blog is not intended to be legal advice and may not be used as legal advice. Mark working papers containing CUI as required for any CUI contained within them and handle them in accordance with this part and the CUI Registry. (4) Pursuant to the Order and this part, and in consultation with affected agencies, the CUI Executive Agent issues safeguarding standards in the CUI Registry, and updates them as needed. (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. (2) Agency heads may not authorize the use of supplemental administrative markings to establish safeguarding requirements or disseminating restrictions, or to designate the information as CUI. (l) When laws, regulations, and Government-wide policies require specific decontrol procedures, you must follow such requirements. Is the act of using email fraudulently to try to get the recipient to reveal personal data? (b) NARA's Director of the Information Security Oversight Office (ISOO) performs the duties assigned to NARA as the CUI Executive Agent. Non-executive branch entities may receive CUI directly from members of the executive branch or as sub-recipients from other non-executive branch entities. Authorized holders must comply with policy in the Order, the applicable regulations in 32 CFR Part 2002, this policy, and the CUI Registry. As defined in DoDM 5200.01, Volume 3, DoD Information Security Program, unauthorized disclosure is the communication or physical transfer of (b) Decontrolling may occur automatically upon the occurrence of one of the conditions in paragraph (a) of this section, or through an affirmative decision by the designating agency. CUI If you seee classified info or controlled unclassified info (CUI) on a public internet site, what should you do? While developing this program, NARA conducted working group discussions and surveys, consolidated and streamlined current practices, and developed initial drafts that underwent both formal and informal agency comment and CUI Executive Agent comment adjudication for individual policy elements. Although this information is not controlled or classified, agencies must still handle it consistently with Federal Information Security Modernization Act (FISMA) requirements. The user must ensure information being shared is based on a need-to-know. (4) Notes any sanctions or penalties for misuse of each category or subcategory of CUI that are included in applicable statutes or regulations. NARA does not have data on how many small businesses may be impacted by this rule, or to what degree, because such information on compliance with the standards involved is not tracked for small businesses. developer tools pages. Which type of unauthorized disclosure has occurred? 13556, 75 FR 68675, 3 CFR, 2010 Comp., pp. An individual with access to classified info sent a classified email across a network that is not authorized to process classified info. Agencies need ways for employees to report these incidents.