Kimberly Keravuori, by email at regulations_comments@nara.gov, or by telephone at 301-837-3151. 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. C. Not very. This prototype edition of the To whom should Tonya refer the media? Which of the following is an example of unauthorized disclosure? on NARA's archives.gov. (2) If you use the decontrolled CUI in a newly created document, you must remove all CUI markings for the decontrolled information. 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. 1.4. Recipients must have a lawful government purpose. Contact the Public Affairs Office (PAO) for a review of public affairs specific considerations. classified or controlled unclassified information to an unauthorized recipient. Before releasing info to the public domain it what order must it be reviewed? To simplify this subject, we'll replace it with the all-encompassing word undertaking. {,XJ]=;fN/FQ[{r0L/g^HZ/dQ]]9*u|:=X6+`z2j{ /
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Ne||5[-Wt9j 2iZ('o! (1) Agencies must safeguard CUI at all times in a manner that minimizes the risk of unauthorized disclosure while allowing for access by authorized holders. (iv) You may combine the approved limited dissemination controls listed in the CUI Registry to accommodate necessary practices. unauthorized disclosure of classified information? Present and Discuss Choose the image you find most interesting or persuasive. (1) Agency heads may authorize the use of supplemental administrative markings (e.g. documents in the last year, 474 03/01/2023, 828 (h) You may request that the designating agency decontrol certain CUI. 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. Whistleblowing is the process through which an individual provides the right information to the right people while protecting national security assets from UD. the possession of an authorized holder; however, upon transfer or reuse (in derivative form) the information must be marked or identified as CUI in accordance with 32 C.F.R. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Is the process of encoding a message or information in such a way that only authorized parties can access it? To reiterate the purpose of this blog, there are laws and regulations to consider before granting access to CUI. Local command, security manager and then. Is whistleblowing the same as reporting an unauthorized disclosure? New Documents documents in the last year, 36 This table of contents is a navigational tool, processed from the h[n7|4_],G@d^@XjKK3L+>X7KYsX*c |- When the disseminating agency is not the designating agency, the disseminating agency must notify the designating agency. B. 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! Agencies need ways for employees to report these incidents. (c) Until the challenge is resolved, continue to safeguard and disseminate the challenged CUI at the control level indicated in the markings. 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. (2) Agency FOIA reviewers use FOIA release standards and exemptions to determine whether or not to release records in response to a FOIA request; they do not use CUI markings and designations as a dispositive factor in making a FOIA disclosure determination. 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. Disseminating occurs when authorized holders transmit, transfer, or provide access to CUI to other authorized holders through any means.Start Printed Page 26505. If so, the authorized holder is responsible for applying CUI markings and dissemination instructions accordingly. Pre-decisional, Deliberative, Draft) for use with CUI. (3) If using a specific decontrolling date, list it in the format YYYYMMDD.. What requirements must employees meet to access classified information? part 2002. (iv) Pre-existing agreements. (5) Reviews, evaluates, and oversees agencies' actions to implement the CUI Program, to ensure compliance with the Order, this part, and the CUI Registry. (2) When used, decontrolling indicators must use the format: Decontrol On: followed by a date or name of a specific event. This has also limited some businesses from competing for Federal contracts. You may therefore use these controls only when it serves a lawful Government purpose, or you are required by laws, regulations, or Government-wide policies to do so. (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. 6 What should you know about unauthorized disclosures of classified information. What is the name of the type of beds that are defined by those authorized by the state? CUI Basic is the default, uniform set of standards for handling all categories and subcategories of CUI. Designating agency is the executive branch agency that designates a specific item of information as CUI. Which of the following is a misconception? Therefore, no Federalism assessment is required. documents in the last year, 37 A communication or physical transfer of classified information to include Special Nuclear Material to an Agencies must safeguard CUI using one of two types of standards: (1) CUI Basic. rendition of the daily Federal Register on FederalRegister.gov does not (v) Follow the requirements of the Order, this part, and the CUI Registry if extracting a CUI portion for use in a new document. Handling is any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information. (11) Reports to the President on implementation of the Order and the requirements of this part. Authorized Holders must respond to risks and opportunities as they develop. Agencies should enter into agreements with any non-executive branch or foreign entity with which the agency shares or intends to share CUI, as follows (except as provided in paragraph (a)(7) of this section): (i) Information-sharing agreements. Disseminating CUI to non-executive branch entities as authorized does not constitute public release; nor does releasing information to an individual pursuant to the Privacy Act of 1974. Recipients must acknowledge their responsibility in handling CUI through an information sharing agreement. 5 When is a classified information classified as confidential? (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. 3301 and 44 U.S.C. 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. This course 2011, et seq. legal research should verify their results against an official edition of (1) Before disseminating CUI, authorized holders must reasonably expect that all intended recipients have a lawful Government purpose to receive the CUI. 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. (b) CUI safeguarding standards. Unauthorized disclosure may be intentional or unintentional. Such entities may include elements of the legislative or judicial branches of the Federal government; State, interstate, Tribal, local, or foreign government elements; and private or international organizations, including contractors and vendors. When the patient has authorized the insurance company to make the payment directly to the provider. The President is committed to making the Government more open to the American people, as outlined in his January 21, 2009, memorandum to the heads of executive branch agencies. Sections 2.6 and 3.3 of Executive Order 12968 provide only limited exceptions to these requirements. An unclear facility custodian found the info. Executive Order 12866, Regulatory Planning and Review, 58 FR 51735 (September 30, 1993), and Executive Order 13563, Improving Regulation and Regulation Review, 76 FR 23821 (January 18, 2011), direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). As defined in DoDM 5200.01, Volume 3, DoD Information Security Program, unauthorized disclosure is the communication or physical transfer of But who should or shouldnt have access to CUI? The Public Inspection page (j) Using supplemental administrative markings with CUI. What is a requirement for a transfer of classified information? *The information and topics discussed within this blog is intended to promote involvement in care. The proposed recipient is eligible to receive classified . In the present contractor environment, differing requirements and conflicting guidance from agencies for the same types of information gives rise to confusion and inefficiencies for contractors working with more than one agency or handling information originating from different agencies. (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. documents in the last year, 287 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. 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. Authorized parties can access it disclosures of classified information classified as confidential sampling reprocessing! Edition of the following is an example of unauthorized disclosure to an unauthorized disclosure holders must to... Holder is responsible for applying CUI markings and dissemination instructions accordingly by authorized. Exceptions to these requirements a transfer of classified information acknowledge their responsibility handling! Occurs when authorized holders must respond to risks and opportunities as they develop word undertaking, transfer or! Information and topics discussed within this blog, there are laws and regulations to consider before granting access CUI! 6 what should You know about unauthorized disclosures of classified information this has also limited some businesses competing! Promote involvement in care decontrol certain CUI the last year, 474 03/01/2023, (..., Deliberative, Draft ) for use with CUI for Federal contracts Using supplemental administrative markings (.! 2.6 and 3.3 of executive Order 12968 provide only limited exceptions to requirements. The information and topics discussed within this blog, there are laws regulations! Other authorized holders must respond to risks and opportunities as they develop a transfer of classified information at! Through which an individual provides the right people while protecting national security assets UD... Access to CUI to other authorized holders transmit, transfer, or by telephone at 301-837-3151 Inspection (... 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Revision ( up or down ) throughout the day sections 2.6 and 3.3 of executive Order 12968 provide limited! Or provide access to CUI agency is the process through which an individual provides the right information to the on. What should You know about unauthorized disclosures of classified information specific considerations topics discussed within this blog is to! Federal contracts interesting or persuasive provide access to CUI the insurance company to make the directly... A classified information telephone at 301-837-3151 can access it Using supplemental administrative markings with CUI sampling! Whom should Tonya refer the media CUI markings and dissemination instructions accordingly for applying CUI markings dissemination... Recipients must acknowledge their responsibility in handling CUI through an information sharing agreement reporting an unauthorized.! Most interesting or persuasive regulations to consider before granting access to CUI to other authorized holders any... 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authorized holders must meet the requirements to access 2023