Who Can Decontrol CUI?

Managing controlled unclassified information creates a major administrative burden for government agencies and contractors. Understanding who can decontrol CUI helps organizations handle these requirements properly. This article explains the authority structure, processes, and requirements for decontrolling CUI.

What is CUI and Why Does Decontrol Matter?

Controlled unclassified information includes government-created or owned information that needs protection but lacks official classification. Federal agencies and contractors must maintain oversight, security controls, access management, and record-keeping systems to protect CUI.

Decontrol reduces this burden by removing information from the controlled list when protection no longer serves the public interest. The Code of Federal Regulations (32 CFR 2002.18) states agencies should decontrol information quickly when safeguarding requirements no longer apply.

The decontrol process helps keep the CUI registry small and reduces compliance costs for organizations handling sensitive information. Without proper decontrol procedures, the amount of controlled information would grow forever, creating unnecessary administrative challenges.

Who Can Decontrol CUI: The Three Primary Entities

Three entities have authority to decontrol CUI:

The Information’s Originator The entity that created the information can determine when control requirements no longer apply. Originators understand the original purpose and sensitivity of the information, making them qualified to assess ongoing protection needs.

The Original Classification Authority The original classification authority manages groups of information according to classification guides. When entire categories of information no longer need protection, the OCA can issue decontrol orders affecting multiple documents at once.

Designated Offices Specific offices hold decontrol authority based on information type and origin. These designated offices vary by agency and information category, ensuring appropriate expertise guides decontrol decisions.

Government contractors usually cannot decontrol information they handle. Federal laws governing CUI protection override contractor authority over government information. Contractors must wait for official decontrol notification from authorized entities.

What Does Decontrolling CUI Mean?

Decontrolling CUI means removing safeguarding and dissemination controls from previously protected information. Authorized holders must remove CUI markings from decontrolled information but keep the documents unless separate disposal requirements apply.

Decontrol differs from public release. Information loses its controlled status but remains subject to other disclosure restrictions. Agencies must complete separate public release reviews before sharing decontrolled information outside authorized channels.

Decontrol also differs from unauthorized disclosure. Information compromised through leaks or security breaches remains controlled until proper authorities complete decontrol procedures. Organizations cannot retroactively decontrol information to avoid unauthorized disclosure penalties.

When Can CUI Be Decontrolled?

Four specific conditions allow CUI decontrol:

Legal or Policy Changes When laws, regulations, or government-wide policies no longer require information control, authorized holders with appropriate authority can start decontrol procedures.

Proactive Agency Disclosure Designating agencies can decontrol information through public disclosure decisions. This happens when public benefit outweighs continued protection requirements.

Statutory Disclosure Requirements Freedom of Information Act requests or Privacy Act disclosures may trigger decontrol when agencies include such disclosures in public release processes.

Pre-determined Events Agencies can set up automatic decontrol based on specific dates or events outlined in 32 CFR 2002.20(g). This allows planned transitions from controlled to uncontrolled status.

Additionally, authorities may decontrol CUI in response to authorized holder requests or alongside declassification actions under Executive Order 13526.

The CUI Decontrol Process

The decontrol process follows established procedures to ensure proper authorization and documentation:

Initial Determination Controlling authorities check whether information meets decontrol criteria based on current laws, policies, and security requirements.

Prepublication Review Department of Defense Instruction 5230.09 requires prepublication review before decontrolling defense-related information. This ensures no conflicts with ongoing security requirements.

National Archives Notification Authorities notify the CUI registry at the National Archives when starting decontrol procedures. The registry reviews for conflicts or objections before approving removal.

Stakeholder Communication After approval, all known information holders receive decontrol notification. This ensures consistent handling across all organizations with the information.

Marking Removal Authorized holders must quickly remove or strike through CUI markings on decontrolled information. Delays can cause confusion about current control status.

Authorized Holder Responsibilities

Authorized holders play key roles in proper decontrol procedures:

Identification and Authority Only people with legitimate access and handling authority qualify as authorized holders. Organizations must keep clear records of who holds such authority.

Marking Management Holders must remove CUI markings quickly after receiving decontrol notification. Agency policies may allow striking through cover page markings while leaving internal markings unchanged.

Ongoing Security Decontrol removes CUI-specific requirements but doesn’t eliminate all security responsibilities. Information may remain sensitive under other regulations or policies.

Disclosure Restrictions Authorized holders cannot publicly release decontrolled information without separate authorization. Additional reviews ensure compliance with all applicable disclosure laws.

Common Misconceptions About Decontrol

Several misunderstandings complicate CUI decontrol procedures:

Decontrol Equals Destruction False. Decontrolled information usually stays in organizational files. Destruction requires separate authorization based on records management schedules.

Automatic Public Release Incorrect. Decontrol removes CUI controls but doesn’t authorize public disclosure. Separate release procedures prevent inappropriate disclosure.

Retroactive Application Impossible. Organizations cannot decontrol information after unauthorized disclosure to avoid penalties. Decontrol must happen through proper channels before any disclosure.

Timeline Flexibility Limited. Pre-determined decontrol dates need official confirmation. Circumstances may delay automatic decontrol despite original timelines.

Special Circumstances and Considerations

Certain situations require extra decontrol considerations:

Defense Industrial Base Requirements DoD contractors face specific challenges with CUI decontrol. Defense Federal Acquisition Regulation Supplement compliance continues even for decontrolled information with ongoing sensitivity.

National Archives Authority The Archivist can decontrol records transferred to the National Archives under 44 USC 2108. This helps public access to historical government information.

Compliance Framework Integration Organizations should include decontrol procedures in existing compliance programs. Professional compliance partners like Relevant Compliance help organizations maintain proper decontrol processes while meeting broader regulatory requirements.

Multiple Authority Scenarios When multiple agencies control information together, all must agree before decontrol happens. This prevents early decontrol when conflicting interests exist.

Conclusion

Understanding who can decontrol CUI helps organizations manage information protection requirements properly. Only information originators, original classification authorities, and designated offices have decontrol authority. Contractors and other stakeholders must follow established procedures and wait for official notification.

Proper decontrol reduces the administrative burden while keeping necessary security protections. Organizations must balance efficiency with compliance, ensuring all stakeholders understand their roles and responsibilities.

For companies dealing with complex CUI requirements, professional guidance ensures full compliance with decontrol procedures. Relevant Compliance provides complete support for organizations managing CUI throughout its lifecycle, from initial designation through eventual decontrol. Their expertise helps businesses maintain proper controls while reducing unnecessary administrative burden.

Good CUI management requires understanding both control and decontrol processes. With proper procedures and expert support, organizations can protect sensitive information while avoiding excessive compliance costs.

FAQs