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Impact of Pending Controlled Unclassified Information on Chemical-terrorism Vulnerability Information

Controlled Unclassified Information

On November 4, 2010, the President signed an Executive Order on Controlled Unclassified Information (CUI). When the CUI Program is implemented, it will standardize the way the Executive Branch manages sensitive unclassified information that requires safeguarding or dissemination controls.

The National Archives and Records Administration (NARA) is the designated Executive Agent overseeing implementation of CUI across the Executive Branch. Learn more at NARA.

NARA has acknowledged the success of the Chemical-terrorism Vulnerability Information (CVI) Program and has stated its intention to approve CVI as a category of CUI. CVI's statutory and regulatory requirements will remain unchanged. CVI is based on law (PL 109-295, Section 550) (PDF - 109 pages, 289 KB) and federal regulation (6 CFR § 27.400) (PDF - 109 pages, 289 KB) and will continue to exist and function in the same manner as it does today, with possible additional marking requirements.

The Department of Homeland Security (DHS) will work closely with NARA to develop and implement the CUI Program. When CUI is implemented, training and instruction will be made available to all CVI Authorized Users concerning changes or modifications that affect current CVI protection practices.

Why CUI?

After 9/11, the federal government moved toward greater information sharing between the federal, state, local, and tribal governments. One of the challenges to information sharing has been the use of different markings by agencies to protect sensitive unclassified information. Some examples of these markings include:

  • For Official Use Only (FOUO)
  • Law Enforcement Sensitive (LES)
  • Chemical-terrorism Vulnerability Information (CVI)
  • Protected Critical Infrastructure Information (PCII)

CUI will standardize both protection and marking, leading to enhanced information sharing.

Should I start marking CVI documents as CUI now?

Current guidance from DHS states that CUI markings shall not be implemented until appropriate policies have been developed and training provided. CVI Authorized Users should continue to use existing CVI markings until notified otherwise.

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