Only three specific entities in the federal information ecosystem hold the Controlled Unclassified Information (CUI) decontrol authority. This exclusive control explains the critical nature of CUI. The system represents one of the most important categories of federal information in the United States.

The government creates or owns CUI that isn’t officially classified. This information could still compromise national or international security if someone accesses it inappropriately. Several factors trigger the decontrol process that removes information from CUI designation. These include changes in laws, agency disclosure decisions, Freedom of Information Act requests, and predetermined events. Federal regulations, especially 32 CFR 2002.18, require agencies to decontrol CUI as soon as possible once it no longer needs safeguarding or dissemination controls. The originating agency or authorized offices must make this decision. No outside agency or contractor can independently decontrol CUI.

This piece examines who can decontrol CUI and what the process involves. It also details the essential responsibilities that follow this crucial compliance procedure.

What is CUI and Why Decontrol Matters

The federal information ecosystem has a unique category of information that sits between public and classified data. The Controlled Unclassified Information (CUI) framework, 13 years old, came through Executive Order 13556 in 2010. This standardized framework helps handle sensitive but unclassified government information.

Definition of Controlled Unclassified Information (CUI)

CUI covers information the government creates or possesses, or entities create or possess on behalf of the government. Laws, regulations, and government-wide policies require safeguarding or dissemination controls for this information. Agencies developed their own practices for handling sensitive information before CUI existed. This led to inconsistent markings and protection standards throughout the federal government.

The standardized program replaced various agency-specific labels like “For Official Use Only” (FOUO), “Law Enforcement Sensitive” (LES), and “Sensitive But Unclassified” (SBU). The National Archives and Records Administration (NARA) manages the CUI Registry as the authoritative source that defines all CUI-qualified information categories.

CUI has two distinct subcategories:

• CUI Basic: Information where authorizing laws or policies don’t specify handling requirements
• CUI Specified: Information where governing authorities contain specific handling controls that differ from CUI Basic

Why CUI is not classified but still sensitive

CUI needs protection because it lacks classified information’s strict access controls. The unclassified status makes this information more vulnerable while containing details that could harm national or international security if breached.

Government-created information that needs safeguarding but doesn’t meet classification thresholds falls under CUI. These thresholds come from Executive Order 13526 (Classified National Security Information) or the Atomic Energy Act. Controlled technical information, privacy data, infrastructure details, and proprietary business information serve as examples.

The 9/11 Commission Report emphasized agencies’ need to share information horizontally. This need led to standardized CUI practices. A major data breach at NARA in 2009 exposed millions of veterans’ records and showed why unclassified yet sensitive information needs strong protection.

The role of decontrol in reducing compliance burden

Decontrol removes information from CUI designation when protection no longer benefits the public interest. The Code of Federal Regulations (32 CFR 2002.18) directs agencies to “decontrol as soon as practicable any CUI designated by their agency that no longer requires safeguarding or dissemination controls”.

The volume of controlled information would grow endlessly without effective decontrol procedures. This would create unnecessary administrative and compliance challenges for organizations. Removing CUI designation eliminates the need for CUI program protection but doesn’t authorize public release.

This strategic pruning of the CUI registry helps federal contractors and agencies reduce compliance burden while protecting truly sensitive information. Organizations must implement expensive security controls from NIST Special Publication 800-171 for CUI handling. Timely decontrol becomes a vital cost-saving measure.

Who Can Decontrol CUI?

Only a handful of federal government entities can remove safeguarding requirements from CUI. Federal regulations carefully restrict who can decontrol CUI. This ensures proper oversight of sensitive information from creation to disposal.

1. The Information’s Originator

The creator of the information has the power to decontrol it. Originators know their content’s sensitivity and protection needs better than anyone else. Their authority makes sense because they first labeled the information as CUI.

You’ll see originator decontrol happen when:

• Information no longer fits CUI criteria
• Protection requirements expire
• Regulation changes affect control requirements

Remember that federal agencies keep decontrol authority when contractors create information for them. This key difference stops contractors from removing CUI controls without government approval.

2. The Original Classification Authority (OCA)

OCAs use classification guides to manage information and have substantial decontrol power. They can issue orders that decontrol entire information categories at once, which speeds up the process.

Their authority comes into play with CUI listed in Security Classification Guides. OCAs have a broad view of information security that helps them make consistent decontrol decisions across related documents.

3. Designated Decontrolling Offices

Some offices get special permission to decontrol CUI. These offices change based on:

• Information category
• Agency policies
• Expert knowledge requirements

The Department of Defense Instruction 5200.48 gives these offices the power to carry out decontrol procedures. They often work with specific steps to review and release information under the Freedom of Information Act.

Agencies can choose which staff members have CUI decontrol authority in their policies. These choices must match laws, regulations, and government-wide policies.

4. The Archivist of the United States in special cases

The Archivist has unique power to decontrol records sent to the National Archives. This comes from 44 U.S.C. 2108, which helps the Archivist make historical government information available to the public.

The Archivist can decontrol records based on NARA regulations in 36 CFR parts 1235, 1250, and 1256. This happens unless there’s a specific agreement with the designating agency. The public gets access to historical records while truly sensitive information stays protected.

Government contractors must understand these authorities to handle CUI properly. Unlike classified information with strict declassification timelines, CUI decontrol happens when authorized holders decide protection isn’t needed anymore. Contracts or agreements must spell out decontrol rules for non-federal stakeholders.

CUI can be decontrolled automatically after public release, legal requirements, or when control needs end. This also happens on dates set by decontrol indicators. Agencies might also decontrol CUI if authorized holders ask or when safeguards become unnecessary.

What Does Decontrolling CUI Actually Mean?

Decontrolling Controlled Unclassified Information is a vital process that affects how federal agencies and contractors operate. This process goes beyond just removing markings. It changes how organizations must handle information from top to bottom.

Removal of safeguarding and dissemination controls

Decontrolling CUI means removing any safeguarding or dissemination controls that were applied to the information. Authorized holders don’t need to follow the strict protection requirements of the CUI program once information is decontrolled. This happens when the information no longer needs special handling or protection under the CUI framework.

CUI differs from classified information in an important way. Classified documents usually come with preset declassification dates. CUI doesn’t have set decontrol timelines. Decontrol happens in these situations:

• Laws or regulations no longer require controlling the information
• The originating agency makes a proactive disclosure
• A Freedom of Information Act (FOIA) or Privacy Act request leads to disclosure
• A specific event or date triggers control removal

Authorized holders must remove or strike through all CUI markings on documents after decontrol. Agency policy might require:

1. Marking “DECONTROLLED” on the document
2. Drawing a 45-degree diagonal line through the CUI Designation Indicator block
3. Adding the name of the person who decontrolled it and the date

Difference between decontrol and public release

Organizations need to understand a key difference – decontrolling CUI doesn’t automatically allow public release. This creates confusion among federal contractors.

Decontrolled information no longer needs handling under CUI program standards. In spite of that, sensitive content might still face other disclosure restrictions or review processes.

Decontrolled information must go through separate pre-publication review procedures before public release. Department of Defense information follows DODI 5230.09, “Clearance of DOD Information for Public Release”. Information can only be shared outside authorized channels after this review.

The reverse process works more simply. Information becomes automatically decontrolled in organizations of all sizes once it gets formal public release approval. This makes sense because publicly available information clearly doesn’t need protection from disclosure.

Why decontrol is not the same as destruction

There’s another reason for confusion – people often mix up decontrol with destruction. These processes serve completely different purposes in managing information.

Decontrolling removes CUI safeguarding requirements but doesn’t mean you must destroy the information. Organizations usually keep decontrolled information in their files unless other records management rules say otherwise.

Organizations can’t use decontrol as a way to avoid consequences. If information leaks, agencies or contractors can’t try to decontrol it after the fact. The information must follow CUI requirements until it officially goes through the decontrol process.

Decontrol helps create better accountability in information management. Organizations should never decontrol CUI just to hide unauthorized information that already leaked.

When and How Can CUI Be Decontrolled?

Federal regulations create specific pathways to decontrol CUI, each with unique requirements and procedures. Organizations managing sensitive government information need to know when and how CUI can be decontrolled. This knowledge plays a vital role throughout the information lifecycle.

Legal or policy changes

Organizations can decontrol CUI when laws, regulations, or government-wide policies no longer need protection. This happens when authorities change requirements or remove certain information types from CUI registries. The authorized holder must have proper authority under relevant law, regulation, or government-wide policy.

The quickest way to decontrol requires constant monitoring of regulatory changes. Authorized holders should verify regulatory status before assuming information needs no protection.

Proactive agency disclosure

Designating agencies have the power to decontrol CUI through clear, proactive disclosure decisions. Agencies make these decisions when public benefit outweighs protection requirements. The originating agency handles these decisions through formal public release processes.

The biggest problem comes from public availability. Information that appears publicly elsewhere doesn’t mean handlers can call it decontrolled. Official agency channels must approve the decontrol.

FOIA or Privacy Act requests

Agencies can decontrol CUI during disclosure under information access statutes like Freedom of Information Act or Privacy Act. These disclosures become part of the agency’s public release processes.

FOIA disclosures decontrol information automatically. Once public, the information can’t stay protected as CUI. Remember that FOIA should never serve as a CUI safeguarding or dissemination control authority.

Predetermined dates or events

CUI decontrol happens automatically on reaching specific dates or events listed in 32 CFR 2002.20(g). This method lets information transition smoothly from controlled to uncontrolled status. Agencies set up decontrol indicators that show when information no longer needs protection.

The automatic decontrol process must follow coordination requirements set by laws, regulations, or government-wide policies.

Declassification orders

Agencies can decontrol CUI along with declassification actions under Executive Order 13526. This works when information qualifies properly for CUI decontrol.

Classification reviews need CUI assessment for all classified documents. This happens especially when documents move from classified to unclassified status. The decontrol process works together with declassification.

The CUI program tells agencies to “decontrol as soon as practicable any CUI designated by their agency that no longer requires safeguarding or dissemination controls”. Knowledge about who can decontrol CUI and under what conditions helps organizations keep information secure without extra administrative work.

Responsibilities After Decontrol

Organizations must fulfill several critical obligations to maintain compliance after a CUI decontrol decision. These responsibilities ensure federal agencies and their contractors handle information appropriately.

Removing CUI markings

The decontrol of CUI requires specific actions for marking management. Authorized holders need to draw a line through CUI banner and footer markings and replace them with “DECONTROLLED”. The CUI Designation Indicator block needs a 45-degree diagonal line that includes the name of the person who performed the decontrol and the date. This action becomes mandatory only when someone reuses CUI in new documents, releases it publicly, or donates it to private institutions.

Updating internal handling procedures

The organization must notify all known holders through email or other communication channels at the time of decontrol. Holders don’t need to immediately collect all records just to update markings. They should know that decontrolled information no longer needs CUI safeguards.

Training staff on new status

Staff training remains essential after decontrol. The team must understand that decontrolled status doesn’t automatically allow public release. Any information intended for public release needs appropriate review first.

Avoiding over-protection or under-protection

A proper balance must exist after decontrol. Over-protection creates extra administrative work, while under-protection might lead to unauthorized disclosure. Information still needs review before public release according to DoD Instruction 5230.09, even after decontrol. Privacy Act disclosures apply only to the specific request, not broader purposes.

Summing all up

Organizations that handle sensitive federal information must understand the rules about CUI decontrol. The decontrol process follows logical principles that protect national security without creating unnecessary paperwork. Note that only three entities can authorize decontrol: the information’s originator, the Original Classification Authority, and designated decontrolling offices. The Archivist has special authority for archived records.

Contractors and other non-originating entities can’t decide on their own to remove CUI protections. This holds true whatever the information’s age or public availability. This rule acts as a vital safeguard against unauthorized sharing of sensitive information.

The biggest difference between decontrol and public release often confuses people managing CUI. When information is decontrolled, it no longer needs CUI safeguards. All the same, it might contain sensitive content that needs review before public sharing. Companies must keep appropriate internal controls until they get formal permission for public release.

Federal regulations set specific paths for the decontrol process. CUI protections can be removed through legal or policy changes, proactive agency decisions, FOIA requests, preset dates, and declassification orders. Organizations must update markings, change handling procedures, and train their core team about the information’s new status after decontrol.

CUI decontrol practices balance security needs with administrative efficiency. Organizations succeed when they know who can decontrol CUI, understand the process, and fulfill their responsibilities afterward. These practices protect sensitive information throughout its lifecycle while avoiding unnecessary controls that limit operational effectiveness. Proper decontrol isn’t just about following rules – it’s central to managing information responsibly in the federal ecosystem.

Here are some who can decontrol CUI:

Who can be decontrol CUI?

Only the CUI Authorized Holder who created the information or an authorized official within the originating agency can decontrol CUI. This authority is not granted to just anyone and requires proper designation and understanding of the decontrol procedures.

Who can decontrol CUI CUI quizlet?

The authority to decontrol CUI lies with the originating agency or the authorized holder who initially designated the information. This process is not typically covered on a quizlet but is detailed in official government policies and training materials.

Who can decontrol cut?

The authority to decontrol CUI rests with the authorized holder from the originating agency or an official designated by that agency. This individual must have the proper authorization and follow established protocols to remove the CUI designation.

How to destroy CUI material?

CUI material must be destroyed using methods that render it irrecoverable, such as cross-cut shredding, pulping, or burning, in accordance with NIST guidelines. The destruction must be documented to provide an audit trail proving the information was properly disposed of.

What is decontrolling?

Decontrolling is the official process of removing a Controlled Unclassified Information designation from a document or material. This action is taken when the information no longer requires protection under CUI protocols.

Who can control the CUI?

The controlling of CUI is managed by authorized officials within the federal government who are responsible for its designation, marking, and safeguarding. These individuals operate under the framework established by the CUI Program.

What are the CUI specified controls?

CUI specified controls are the specific safeguarding and dissemination controls assigned to a particular category of CUI as outlined in the CUI Registry. These controls dictate how the information must be handled, stored, and shared.

Who is allowed access to CUI?

Access to CUI is permitted for individuals who have a legitimate need to know the information to perform their official duties and who have undergone required training. This typically includes federal employees, contractors, and state or local personnel with appropriate authorization.

Who is responsible for detecting CUI?

All personnel who handle government information are responsible for detecting and identifying potential CUI based on its content and markings. This is a shared responsibility that requires ongoing vigilance and proper training.