What is CUI? Understanding Controlled Unclassified Information

Controlled Unclassified Information (CUI) is a category of information within the U.S. federal government that, while not classified as secret or confidential, still requires safeguarding or dissemination controls according to laws, regulations, and government-wide policies. Essentially, CUI is sensitive information that needs to be protected, even though it’s not classified in the traditional sense.

The Purpose of the CUI Program

The CUI program was established to create a unified and standardized approach across all Executive Branch agencies for handling this sensitive unclassified information. Before the CUI program, agencies had varying systems for managing similar types of information, leading to inconsistencies and potential security risks. The program aims to streamline these protections, ensuring consistent practices across different departments and agencies when dealing with CUI.

Key Regulations Governing CUI

The CUI program is primarily governed by two key documents. Firstly, Executive Order 13556, titled “Controlled Unclassified Information,” laid the foundation for the program. This order mandated the establishment of a government-wide framework for managing CUI and designated the National Archives and Records Administration (NARA) as the executive agent responsible for implementation and oversight. Within NARA, the Information Security Oversight Office (ISOO) was delegated the day-to-day responsibilities for managing the CUI program.

Secondly, 32 CFR Part 2002, also known as the CUI Rule, provides the detailed policy and procedures for agencies to follow. Issued by ISOO, this rule outlines everything from how to designate information as CUI and the necessary safeguarding measures, to dissemination, marking, decontrolling, and disposal protocols. It applies to all federal executive branch agencies and any organizations that work with them, handling CUI on behalf of the government.

Waivers for CUI Marking Requirements

While consistent marking of CUI is a core requirement to ensure proper handling, there are provisions for waivers. Agencies can, in certain situations, determine that marking specific CUI as such would be excessively burdensome. In these cases, a Senior Agency Official can approve waivers to some or all marking requirements, but only while the CUI remains under the agency’s direct control. This waiver process acknowledges that in specific circumstances, strict marking might hinder operations without compromising security.

Resources for Further Information

For individuals and organizations seeking more in-depth information about CUI, the central online resource is the CUI Registry, maintained by the National Archives. The CUI Registry (Controlled Unclassified Information (CUI) | National Archives) offers a wealth of materials, including training videos and comprehensive documentation, designed to enhance understanding of CUI concepts and program requirements. This registry serves as the authoritative source for all things CUI, providing the necessary tools to navigate the complexities of handling controlled unclassified information effectively.

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