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Page 1: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI
Page 2: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Briefing Outline CUI Program

– Benefits – Executive Order 13556– Defining the World of CUI– Categories and the CUI Registry– Basic and Specified CUI

Phased Implementation Approach to Contractor Environment CUI and IT Implementation

– NIST Special Publication 800-171– Moderate Baseline (Select Controls)

32 CFR Part 2002 (Draft policy points)

Page 3: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

Why is the CUI Program necessary?

Executive departments and agencies apply their own ad-hoc policies and markings to unclassified information that requires

safeguarding or dissemination controls, resulting in:

An inefficient patchwork

system with more than

100 different policies

and markings across the executive

branch

Inconsistent

marking and

safeguarding of

documents

Unclear or

unnecessarily

restrictive dissemina

tion policies

Impediments to

authorized

information sharing

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Page 4: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

What are the benefits of the CUI Program?

One uniform, shared, and transparent system for safeguarding and disseminating CUI that:

Establishes

common understan

ding of CUI

control

Promotes information sharing

Reinforces existing legislation

and regulation

s

Clarifies difference between

CUI controls

and FOIA exemptio

ns

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Page 5: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

Executive Order 13556

Established CUI Program– In consultation with affected agencies

(CUI Advisory Council)

Designated an Executive Agent (EA) to implement the E.O. and oversee department and agency actions to ensure compliance. – National Archives and Records

Administration– Information Security Oversight Office

An open and uniform program to manage all unclassified information within the executive branch that requires safeguarding and dissemination controls as required by law, regulation, and Government-wide policy

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Page 6: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Where do we begin? Define the world of CUI

EO 13556 called for a review of the categories, subcategories, and markings currently used by agencies.

– Agencies submitted to NARA/ISOO what they were protecting and the basis for that protection

– Over 2,200 submissions were received

– Information types were grouped together, legal authorities were examined, and a CUI Registry was published.

Page 7: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

• Bank Secrecy• DNA• Investigation

• Census• Investment Survey

Approved CUI Categories

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23 Categories

1. Agriculture

2. Copyright

3. Critical Infrastructure

4. Emergency Management

5. Export Control

6. Financial

7. Foreign Government

8. Geodetic Product Information

9. Immigration

10. Information Systems Vulnerability Information

11. Intelligence

12. Law Enforcement

13. Legal

14. NATO

15. Nuclear

16. Patent

17. Privacy

18. Proprietary Business

19. Safety Act Information

20. Statistical

21. Tax

22. Transportation

Agriculture Law Enforcement

Controlled Technical Information Legal

Copyright NATO

Critical Infrastructure Nuclear

Export Control Patent

Emergency Management Privacy

Financial Proprietary Business

Foreign Government Safety Act Information

Geodetic Product Information Statistical

Immigration Tax

Information Systems Vulnerability Information Transportation

Intelligence

82 Subcategories (examples listed)

• Financial• Health Information• Personnel

Page 8: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Online Registry

23 Categories

82 Sub-categories

315 unique Control citations

106 unique Sanction citations

http://www.archives.gov/cui

Page 9: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Two types: Basic and Specified

CUI Basic versus CUI Specified

CUI Basic = LRGWP identifies an information type and says protect it.

CUI Specified = LRGWP identifies an information type and says protect it but specifies exactly how it should be protected or handled.

Page 10: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Category Creation

Sample of analysis (Legal/Witness Protection):

Identify information types and any specific protection/handling requirements

Page 11: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Category Creation

Who can designate the information?

What information needs to be protected?

Who can authorize the dissemination (sharing)?

Page 12: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

Phased Implementation

E.O. 13556 Sec. 5.  Implementation (b):After a review of agency plans, and in consultation with affected agencies and the Office of Management and Budget, the Executive Agent shall establish deadlines for phased implementation by agencies.

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Page 13: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

Monitor & Report on Phased Implementation

Phased Implementation

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Planning Readiness Initiation Final

Prepare environment and workforce for the CUI transition

Identify and initiate planning activities for CUI implementation

Full Implementation of the CUI program

• Publish 32 CFR Part 2002 Rule & Supplemental Guidance (Day 0)

• Augment Registry

• Provide Awareness Materials & Products

• Consult with OMB & Provide Budget Guidance

• Review Agency Policies

• Oversee Executive Branch Implementation

• Resolve Disputes & Complaints

• Initiate On-site Reviews

• Oversee Executive Branch Implementation

• Collect Reporting Data

Begin implementation of CUI practices

Begin Phase Out of obsolete practices

Ke

y E

A A

cti

vit

ies

Ph

as

es

IOC FOC

• Develop & Publish Policy*

• Develop Training/Awareness

• Develop IT Transition Plan

• Continue Internal Budget Planning

• Develop Self-Inspection Plan

• Develop Process to Manage CUI Status Challenges

Ke

y D

/A A

cti

vit

ies

• Assert Physical Safeguarding*

• Conduct Training*

• Initiate Awareness

• Prepare IT Transition

• Continue Internal Budget Planning

• Initiate CUI Implementation• Handle• Recognize• Receive

• Initiate IT Transition

• Permit Creation of CUI

• Initiate Self-Inspection Program

• Eliminate Old Markings

• Assure use of only New Markings

• Complete IT Transition

• Meet Refresher Training Requirements

• Publish CUI Training (Day

180)

• Provide Additional Guidance as needed

• Establish Schedule for On-site Reviews

• Provide Training Support & Consultation

Day 0 Day 180 Year 1 Year 3-4

As of 3/17/15

*Required for IOC

Page 14: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

What is needed to implement a CUI Program?

Policy – Roles and Responsibilities– Identify CUI handled– Specialized implementation

Suitable physical environment Training (of all affected

personnel)– Basic– Specified

Suitable electronic environment– Moderate Confidentiality 14

180 Days

Year 1

Year 3-4

32 CFR Part 2002 is scheduled to be published in 2016

Page 15: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

CUI Approach for Contractor Environment

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E.O. 13556 Registry

32 CFR 2002 & Supplemental

Guidance

FAR

GovernmentIndustry

Until the formal process of establishing a single FAR clause takes place, the CUI requirements in NIST SP 800-171 may be referenced in federal contracts consistent with federal law and regulatory requirements.

The Department of Defense is in the process of revising its DFARS to reference the new publication.

NIST SP 800-171

Page 16: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Three-part Plan for CUI Protection

Federal CUI rule (32 CFR Part 2002) to establish the required controls and markings for CUI governmentwide.

NIST Special Publication 800-171 to define security requirements for protecting CUI in nonfederal information systems and organizations.

Federal Acquisition Regulation (FAR) clause to apply the requirements of the federal CUI rule and NIST Special Publication 800-171 to contractors.

Page 17: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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NIST Special Publication 800-171This publication provides federal agencies with recommended requirements for protecting the confidentiality of CUI:

(i) when the CUI is resident in nonfederal information systems and organizations;

(ii) when the information systems where the CUI resides are not used or operated by contractors of federal agencies or other organizations on behalf of those agencies; and

(iii) where there are no specific safeguarding requirements for protecting the confidentiality of CUI prescribed by the authorizing law, regulation, or government-wide policy for the CUI category or subcategory listed in the CUI Registry.

The requirements apply to all components of nonfederal information systems and organizations that process, store, or transmit CUI, or provide security protection for such components.

Page 18: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Development of Requirements

The basic security requirements are obtained from FIPS Publication 200, which provides the high-level and fundamental security requirements for federal information and information systems.

The derived security requirements, which supplement the basic security requirements, are taken from the security controls in NIST Special Publication 800-53.

Starting with the FIPS Publication 200 security requirements and the security controls in the moderate baseline (i.e., the minimum level of protection required for CUI in federal information systems and organizations), the requirements and controls are tailored to eliminate requirements, controls, or parts of controls that are:

1. Uniquely federal (i.e., primarily the responsibility of the federal government);

2. Not directly related to protecting the confidentiality of CUI; or

3. Expected to be routinely satisfied by nonfederal organizations without specification.

Page 19: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

Access Control. Audit and Accountability.

Awareness and Training. Configuration Management.

Identification and Authentication. Incident Response.

Maintenance. Media Protection.

Physical Protection. Personnel Security.

Risk Assessment. Security Assessment.

System and Communications Protection System and Information Integrity.

Obtained from FIPS 200 and NIST Special Publication 800-53.

Security Requirements: 14 Families

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Page 20: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Structure of NIST SP 800-171

Basic Security Requirements & Derived Security Requirements

Tables that illustrate the mapping of CUI requirements to security controls in:– National Institute of Standards

and Technology Special Publication (NIST SP) 800-53

– International Organization for Standardization / International Electrotechnical Commission (ISO/IEC) 27001

Page 21: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Moderate Baseline (Select Controls)Access Control, 3.1.13, Employ cryptographic mechanisms to protect the confidentiality of remote access sessions.

Awareness and Training, 3.2.3, Provide security awareness training on recognizing and reporting potential indicators of insider threat.

Audit and Accountability, 3.3.2, Ensure that the actions of individual information system users can be uniquely traced to those users so they can be held accountable for their actions.

Incident Response, 3.6.1, Establish an operational incident-handling capability for organizational information systems that includes adequate preparation, detection, analysis, containment, recovery, and user response activities.

Media Protection:3.8.1, Protect (i.e., physically control and securely store) information

system media containing CUI, both paper and digital. 3.8.3, Sanitize or destroy information system media containing CUI before

disposal or release for reuse.

Page 22: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Moderate Baseline (Select Controls)

Physical Protection, 3.10.1, Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

Identification and Authentication, 3.5.3, Use multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts.

Multifactor authentication requires two or more different factors to achieve authentication. Factors include: (i) something you know (e.g., password/PIN); (ii) something you have (e.g., cryptographic identification device, token); or (iii) something you are (e.g., biometric).

The requirement for multifactor authentication should not be interpreted as requiring federal Personal Identity Verification (PIV) card or Department of Defense Common Access Card (CAC)-like solutions. A variety of multifactor solutions (including those with replay resistance) using tokens and biometrics are commercially available. Such solutions may employ hard tokens (e.g., smartcards, key fobs, or dongles) or soft tokens to store user credentials.

Page 23: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Moderate Baseline (Select Controls)

System and Information Integrity:

3.14.6, Monitor the information system including inbound and outbound communications traffic, to detect attacks and indicators of potential attacks.

3.14.7, Identify unauthorized use of the information system. Security Assessment, 3.12.3, Monitor information system security controls on an ongoing basis to ensure the continued effectiveness of the controls.

Page 24: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Moderate Baseline (Select Controls)

Systems and Communications Protection:

3.13.8, Implement cryptographic mechanisms to prevent unauthorized disclosure of CUI during transmission unless otherwise protected by alternative physical safeguards.

3.13.11, Employ FIPS-validated cryptography when used to protect the confidentiality of CUI.

A cryptographic module validated by the Cryptographic Module Validation Program (CMVP) to meet requirements specified in FIPS Publication 140-2 (as amended). As a prerequisite to CMVP validation, the cryptographic module is required to employ a cryptographic algorithm implementation that has successfully passed validation testing by the Cryptographic Algorithm Validation Program (CAVP).

Page 25: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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32 CFR Part 2002

New Terms…

Lawful Government purpose is any activity, mission, function, operation, or endeavor that the U.S. Government authorizes or recognizes within the scope of its legal authorities.

Legacy material is unclassified information that was marked or otherwise controlled prior to implementation of the CUI Program.

Uncontrolled unclassified information is information that neither the Order (EO 13556) nor classified information authorities cover as protected. Although this information is not controlled or classified, agencies must still handle it consistently with Federal Information Security Management Act (FISMA) requirements.

Decontrolling occurs when an agency removes safeguarding or disseminating controls from CUI that no longer requires them.

DRAFT

Page 26: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Limitations on applicability

Limitations on applicability of agency CUI policies

– 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.

– Agencies may not levy any requirements in addition to those contained in the Order, this Part, or the CUI Registry when entering into contracts, treaties, or other agreements about handling CUI by entities outside of that agency.

DRAFT

Page 27: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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32 CFR Part 2002: Sharing

Access and Dissemination (Sharing)

Lawful Government purpose is any activity, mission, function, operation, or endeavor that the U.S. Government authorizes or recognizes within the scope of its legal authorities.

Agencies should permit access and dissemination of CUI, provided such access or dissemination:– Abides by the law, regulation, or Government-wide policy that

established the CUI category or subcategory;– Furthers a Lawful Government Purpose;– Is not restricted by an authorized limited dissemination control

established by the CUI Executive Agent; and,– Is not otherwise prohibited by law.

DRAFT

Page 28: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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32 CFR Part 2002: Marking

Agencies must uniformly and conspicuously apply CUI markings to all CUI prior to disseminating it unless otherwise specifically permitted by the CUI Executive Agent or as provided below.– When marking is excessively burdensome, an

agency’s CUI senior agency official may approve waivers of all or some of the marking requirements for CUI designated within that agency.

The CUI banner marking must appear, at a minimum, at the top center of each page containing CUI

DRAFT

Page 29: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

Banner Marking

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CONTROLLED/Categories or Subcategories//Dissemination

CUI Control Marking

CategoryMarking

(if required)

DisseminationControl

Marking

The banner marking consists of the CUI control marking, category markings (if required), and dissemination control markings.

• The CUI control marking (the word “CONTROLLED” or the acronym “CUI”) is mandatory for all CUI banners.

• Category markings are mandatory in the case of CUI Specified, and for CUI Basic when required by agency policy. Either complete category names or abbreviations may be used in banners to designate the categories of CUI contained within the document.

• All dissemination control markings must be approved by the CUI EA and published in the CUI Registry. Access to and dissemination of CUI must be allowed as extensively as necessary, consistent with or in furtherance of a Lawful Government Purpose.

DRAFT

Top center of each page

containing CUI

Page 30: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

Portion Marking

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Portion marking is permitted and encouraged to facilitate information sharing and proper handling of the information. Portion markings must use only those abbreviations that are approved and listed in the CUI Registry. When used, the abbreviations, in parentheses, are placed at the beginning of the portion to which they apply and throughout the entire document.

Department of Good Works Washington, D.C. 20006

June 27, 2013

MEMORANDUM FOR THE DIRECTOR

From: John E. Doe, Chief Division 5

Subject: (U) Examples

(U) We support the President by ensuring that the Government protects and provides proper access to information to advance the national and public interest.

(CUI) We lead efforts to standardize and assess the management of classified and controlled unclassified information through oversight, policy development, guidance, education, and reporting.

CONTROLLED

CONTROLLED

Portion Markings

Portion Marking = Best P

ractice

DRAFTPortion Marking = Best Practice

Page 31: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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CONTROLLED

Forms & emailsDRAFT

Page 32: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Marking Handbook

--------

2016--------

Page 33: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

Coversheet Consolidation

Page 34: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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New Coversheets: Optional Forms

Optional Form 901. Basic CUI Coversheet. Acceptable for all forms of CUI. Optional Form 902.

Category/Subcategory CUI Coversheet. Acceptable for all forms of CUI. Categories or Subcategories can be identified in the spaces provided.

Optional Form 903. Detailed CUI Coversheet. Acceptable for all forms of CUI. The space indicated can be used to convey specific categories or subcategories used, special instructions, or relevant points of contact.

Page 35: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Legacy Information

Sensitive unclassified information that was marked prior to the implementation of the CUI Program which meets the standards for CUI is considered legacy information.

Agencies are not required to review and re-mark legacy information until and unless the information is re-used, restated, or paraphrased. In such instances, pre-CUI markings must not be carried forward. If the information falls under the CUI Program, new documents containing the information must be marked in accordance with CUI directives.

DRAFT

Page 36: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Reproducing CUI

You may reproduce (e.g., copy, scan, print, electronically duplicate) CUI in furtherance of a lawful Government purpose.

When reproducing CUI documents on equipment such as printers, copiers, scanners, or fax machines, you must ensure that the equipment does not retain data or otherwise sanitize it in accordance with NIST SP 800-53.

DRAFT

Page 37: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Controlled Environments

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) for protecting CUI from unauthorized access or disclosure.

Reception Area used to control access to workspace.

When outside a controlled environment, you must keep the CUI under your direct control or protect it with at least one physical barrier. You or the physical barrier must reasonably protect the CUI from unauthorized access or observation.

DRAFT

Page 38: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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General Safeguarding Policy

Agencies must safeguard CUI at all times in a manner that minimizes the risk of unauthorized disclosure while allowing for access by authorized holders.– For categories designated as CUI Specified,

personnel must also follow the procedures in the underlying law, regulation, or Government-wide policy that established the specific category or subcategory involved.

Safeguarding measures that are authorized or accredited for classified information are sufficient for safeguarding CUI.

DRAFT

Page 39: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Destruction

When destroying CUI, including in electronic form, you must do so in a manner that makes it unreadable, indecipherable, and irrecoverable, using any of the following:

– Guidance for destruction in NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations, and NIST SP 800-88, Guidelines for Media Sanitization;

– Any method of destruction approved for Classified National Security Information, as delineated in 32 CFR 2001.47, Destruction, or any implementing or successor guidance; or

– Any specific destruction methods required by law, regulation, or Government-wide policy for that item.

DRAFT

Page 40: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

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Questions?

Page 41: Briefing Outline  CUI Program –Benefits –Executive Order 13556 –Defining the World of CUI –Categories and the CUI Registry –Basic and Specified CUI

Contact Information

Information Security Oversight OfficeNational Archives and Records Administration

700 Pennsylvania Avenue, N.W., Room 100Washington, DC 20408-0001

(202) 357-6870 (voice)(202) 357-6871/6872 (fax)

[email protected]/cui

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