ML20079H844

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March 5, 2020, Summary of Meeting to Discuss the Status of NRC Plans to Transition to Controlled Unclassified Information
ML20079H844
Person / Time
Issue date: 04/14/2020
From: Tanya Mensah
Governance & Enterprise Management Services Division
To: David Nelson
NRC/OCIO
Tanya Mensah, 301-415-3610
Shared Package
ML20062F082 List:
References
Download: ML20079H844 (3)


Text

April 14, 2020 MEMORANDUM TO: David J. Nelson Chief Information Officer Office of the Chief Information Officer Digitally signed by Tanya FROM: Tanya M. Mensah Tanya Mensah Mensah Date: 2020.04.14 09:13:03 CUI Program Manager -04'00' Office of the Chief Information Officer

SUBJECT:

SUMMARY

OF THE MARCH 5, 2020, PUBLIC MEETING TO DISCUSS THE STATUS OF THE U.S. NUCLEAR REGULATORY COMMISSIONS PLANS TO TRANSITION TO CONTROLLED UNCLASSIFIED INFORMATION On March 5, 2020, the U.S. Nuclear Regulatory Commission (NRC) held a Category 2 public meeting at NRC Headquarters to discuss the status of its plans to establish and transition to a controlled unclassified information (CUI) program. Representatives from the Nuclear Energy Institute (NEI), NRC Agreement States, universities, industry, and members of the public attended the meeting in person and by phone. In addition, representatives from the National Archives and Records Administration (NARA) attended to observe the meeting and to address questions on the CUI rule requirements, where appropriate. The NRC has made all information related to this meeting and discussed in this summary available in the NRCs Agencywide Documents Access and Management System (ADAMS) at Accession No. Main Library (ML)

ML20062F082. A list of attendees is enclosed.

During the meeting, the NRC staff provided an overview of the CUI rule requirements, as described in Title 32 of the Code of Federal Regulations (32 CFR) Part 2002, Controlled Unclassified Information (CUI); shared a proposed timeline to establish and implement a CUI program at the NRC; and discussed topics such as written agreements, third-party agreements, and how the NRC is considering sharing CUI with non-Federal entities. NEI also discussed its plans to ensure that industry representatives, including the corporate sector, are aware of the CUI rule requirements and are prepared to comply with the requirements of National Institute of Science and Technology (NIST) Special Publication (SP) 800-171, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations, Revision 2, issued February 2020. The staff made no regulatory decisions or commitments during this meeting.

The meeting transcript is available at ADAMS Accession No. ML20072H953.

Enclosure:

Attendance Sheet CONTACT: Tanya M. Mensah, OCIO (301) 415-3610

D. Nelson Controlled Unclassified Information Program Update The March 5, 2020, public meeting continued a discussion that the NRC staff held with NRC external stakeholders at a July 25, 2019, NRC CUI public meeting (ADAMS Accession No. ML19211B785).

During the July 25, 2019, public meeting, the meeting participants raised the following questions for further NRC consideration:

  • How does the NRC plan to establish written agreements or arrangements with non-executive-branch entities?
  • How does the NRC plan to share CUI with non-executive-branch entities?
  • What types of CUI documents does the NRC expect to share with non-executive-branch entities?
  • Can a non-executive-branch entity share CUI received from an agency with a third party without a written agreement?
  • Will non-executive-branch entities be required to handle NRC documents that contain CUI?

Does the NRC plan to inspect non-executive-branch entities to ensure that they are appropriately handling CUI in accordance with the CUI rule requirements and NIST SP 800-171?

On March 5, 2020, the NRC staff shared its proposed path forward to address each of these questions. In regard to written agreements, the NRC staff shared the draft NARA CUI nondisclosure agreement (NDA) to facilitate discussion on this topic during the public meeting.

The meeting participants appreciated having access to the draft NARA CUI NDA and were encouraged that the NRC continues to collaborate with NARA and other Federal agencies on this topic. The draft NARA CUI NDA is available at ADAMS Accession No. ML20050E290. As discussed during the public meeting, once NARA finalizes the CUI NDA, a template will be published on NARAs CUI public Web site for executive branch agency use. The NRC staff presentation slides provide additional detail and are available at ADAMS Accession No. ML20050E291.

At the meeting conclusion, the NRC staff informed the meeting participants of its plans to undertake the following:

  • Establish a path forward on written agreements between the NRC and non-executive-branch entities.
  • Continue to coordinate with NARA and other Federal agencies as the NRC develops its CUI program.
  • Continue to engage and seek feedback from NRC external stakeholders on a routine basis.

The NRC did not receive any public meeting feedback forms.

Please direct any inquiries to Tanya Mensah.

(Pkg) ML20062F082; (Memo) ML20079H844 *concur via email OFFICE QTE OCIO/GEMS OCIO/GEMS/D OCIO/DD NAME JDougherty* TMensah* JMoses* SFlanders*

DATE 03/16/2020 03/19/2020 04/4/2020 04/13/2020