5 USC 574
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 5 USC 574 | status: Basic | banner: CUI.
- DoD authority row: 5 USC 574. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 5 USC 574 | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- Page 79 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 574
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Adjudication of agency-related matters including, but not limited to, dispute resolution, settlements, and issuances of orders.
- DoD category scope used with this authority: Adjudication of agency-related matters including, but not limited to, dispute resolution, settlements, and issuances of orders.
- 5 USC 574 | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-ADPO. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Adjudication of agency-related matters including, but not limited to, dispute resolution, settlements, and issuances of orders.
- Extracted authority condition: Any party or affected nonparty participant who re- ceives such notice and within 15 calendar days does not offer to defend a refusal of the neutral to disclose the requested information shall have waived any objection to such disclosure.
- Extracted authority condition: (b) A party to a dispute resolution proceeding shall not voluntarily disclose or through discov- ery or compulsory process be required to dis- close any dispute resolution communication, un- less— (1) the communication was prepared by the party seeking disclosure; (2) all parties to the dispute resolution pro- ceeding consent in writing; (3) the dispute resolution communication has already been made public; (4) the dispute resolution communication is required by statute to be made public; (5) a court determines that such testimony or disclosure is necessary to— (A) prevent a manifest injustice; (B) help establish a violation of law; or (C) prevent harm to the public health and safety, of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution proceedings in general by reducing the con- fidence of parties in future cases that their communications will remain confidential; (6) the dispute resolution communication is relevant to determining the existence or meaning of an agreement or award that re- sulted from the dispute resolution proceeding or to the enforcement of such an agreement or award; or (7) except for dispute resolution communica- tions generated by the neutral, the dispute resolution communication was provided to or was available to all parties to the dispute res- olution proceeding.
- Extracted authority condition: Such agency or interagency committee, in consulta- tion with other appropriate Federal agencies and professional organizations experienced in matters concerning dispute resolution, shall— (1) encourage and facilitate agency use of al- ternative means of dispute resolution; and (2) develop procedures that permit agencies to obtain the services of neutrals on an expe- dited basis.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 5 USC 574 | status: Basic | banner: CUI || 42 USC 2000e-8(e) | status: Basic | banner: CUI | sanctions: 42 USC 2000e-8(e) || 16 CFR 3.45 | status: Specified | banner: CUI//SP-ADPO || 16 CFR 4.9(c) | status: Basic | banner: CUI || 18 CFR 385.606 | status: Basic | banner: CUI || 29 CFR 2200.120(d)(3) | status: Basic | banner: CUI || 8 CFR 292.3(h) | status: Basic | banner: CUI || 42 USC 2000e-5(b) | status: Basic | banner: CUI | sanctions: 42 USC 2000e-5(b) || 42 USC 3610(d) | status: Basic | banner: CUI || 46 CFR 502.167 | status: Basic | banner: CUI || 17 CFR 11.3 | status: Basic | banner: CUI || 17 CFR 10.64 | status: Specified | banner: CUI//SP-ADPO || 29 CFR 1640.4 | status: Basic | banner: CUI || 29 CFR 1603.108(d) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-ADPO
- Nara sanctions: 42 USC 2000e-8(e) || 42 USC 2000e-5(b)
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Confidentiality (a) Except as provided in subsections (d) and (e), a neutral in a dispute resolution proceeding shall not voluntarily disclose or through discov- ery or compulsory process be required to dis- close any dispute resolution communication or any communication provided in confidence to the neutral, unless— (1) all parties to the dispute resolution pro- ceeding and the neutral consent in writing, and, if the dispute resolution communication was provided by a nonparty participant, that participant also consents in writing; (2) the dispute resolution communication has already been made public; (3) the dispute resolution communication is required by statute to be made public, but a neutral should make such communication public only if no other person is reasonably available to disclose the communication; or (4) a court determines that such testimony or disclosure is necessary to— (A) prevent a manifest injustice; (B) help establish a violation of law; or (C) prevent harm to the public health or safety, of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution
- Extracted authority control: (b) A party to a dispute resolution proceeding shall not voluntarily disclose or through discov- ery or compulsory process be required to dis- close any dispute resolution communication, un- less— (1) the communication was prepared by the party seeking disclosure; (2) all parties to the dispute resolution pro- ceeding consent in writing; (3) the dispute resolution communication has already been made public; (4) the dispute resolution communication is required by statute to be made public; (5) a court determines that such testimony or disclosure is necessary to— (A) prevent a manifest injustice; (B) help establish a violation of law; or (C) prevent harm to the public health and safety, of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution proceedings in general by reducing the con- fidence of parties in future cases that their communications will remain confidential; (6) the dispute resolution communication is relevant to determining the existence or meaning of an agreement or award that re- sulted from the dispute resolution proceeding or to the enforcement of such an agreement or award; or (7) except for dispute resolution communica- tions generated by the neutral, the dispute resolution communication was provided to or was available to all parties to the dispute res- olution proceeding.
- Extracted authority control: Upon such agreement the parties shall in- form the neutral before the commencement of the dispute resolution proceeding of any modi- fications to the provisions of subsection (a) that will govern the confidentiality of the dispute resolution proceeding.
- Extracted authority control: (2) To qualify for the exemption established under subsection (j), an alternative confidential procedure under this subsection may not provide for less disclosure than the confidential proce- dures otherwise provided under this section.
Authority excerpts
Most relevant extracted authority passage
Confidentiality (a) Except as provided in subsections (d) and (e), a neutral in a dispute resolution proceeding shall not voluntarily disclose or through discov- ery or compulsory process be required to dis- close any dispute resolution communication or any communication provided in confidence to the neutral, unless— (1) all parties to the dispute resolution pro- ceeding and the neutral consent in writing, and, if the dispute resolution communication was provided by a nonparty participant, that participant also consents in writing; (2) the dispute resolution communication has already been made public; (3) the dispute resolution communication is required by statute to be made public, but a neutral should make such communication public only if no other person is reasonably available to disclose the communication; or (4) a court determines that such testimony or disclosure is necessary to— (A) prevent a manifest injustice; (B) help establish a violation of law; or (C) prevent harm to the public health or safety, of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution
Extracted authority passage 2
(b) A party to a dispute resolution proceeding shall not voluntarily disclose or through discov- ery or compulsory process be required to dis- close any dispute resolution communication, un- less— (1) the communication was prepared by the party seeking disclosure; (2) all parties to the dispute resolution pro- ceeding consent in writing; (3) the dispute resolution communication has already been made public; (4) the dispute resolution communication is required by statute to be made public; (5) a court determines that such testimony or disclosure is necessary to— (A) prevent a manifest injustice; (B) help establish a violation of law; or (C) prevent harm to the public health and safety, of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution proceedings in general by reducing the con- fidence of parties in future cases that their communications will remain confidential; (6) the dispute resolution communication is relevant to determining the existence or meaning of an agreement or award that re- sulted from the dispute resolution proceeding or to the enforcement of such an agreement or award; or (7) except for dispute resolution communica- tions generated by the neutral, the dispute resolution communication was provided to or was available to all parties to the dispute res- olution proceeding.
Extracted authority passage 3
Upon such agreement the parties shall in- form the neutral before the commencement of the dispute resolution proceeding of any modi- fications to the provisions of subsection (a) that will govern the confidentiality of the dispute resolution proceeding.
Extracted authority passage 4
(2) To qualify for the exemption established under subsection (j), an alternative confidential procedure under this subsection may not provide for less disclosure than the confidential proce- dures otherwise provided under this section.
Extracted authority passage 6
Any party or affected nonparty participant who re- ceives such notice and within 15 calendar days does not offer to defend a refusal of the neutral to disclose the requested information shall have waived any objection to such disclosure.
17 CFR 10.64
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 17 CFR 10.64 | status: Specified | banner: CUI//SP-ADPO.
- DoD authority row: 17 CFR 10.64. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 17 CFR 10.64 | status: Specified | banner: CUI//SP-ADPO
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- (a) Who may appear. The parties may
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
Operating conditions
- NARA category scope used with this authority: Adjudication of agency-related matters including, but not limited to, dispute resolution, settlements, and issuances of orders.
- DoD category scope used with this authority: Adjudication of agency-related matters including, but not limited to, dispute resolution, settlements, and issuances of orders.
- 17 CFR 10.64 | status: Specified | banner: CUI//SP-ADPO
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-ADPO. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Adjudication of agency-related matters including, but not limited to, dispute resolution, settlements, and issuances of orders.
- Extracted authority condition: All hearings shall be public, except that upon application of a respondent or affected witness the Administrative Law Judge may direct that specific documents or testimony be received and retained non-publicly in order to prevent unwarranted disclosure of trade secrets or sensitive commercial or financial information or an unwar- ranted invasion of personal privacy. § 10.65 Record of hearing.
- Extracted authority condition: (2) A failure to appear at a hearing shall not constitute a waiver of a par- ty’s right to propose findings of fact based on the record in the proceeding, to propose conclusions of law or to sub- mit briefs, in the manner provided in § 10.82, if the non-appearing party sub- mits prior to the scheduled hearing or within three days thereafter, a notice of appearance indicating his intent to continue to participate in the pro- ceeding.
- Extracted authority condition: Corrections shall be made by the offi- cial reporter, who shall furnish sub- stitute pages of the transcript, under the usual certificate of the reporter, for insertion in the official record.
- Extracted authority condition: Hear- ings for the purpose of taking evidence shall be recorded and transcribed in written form under the supervision of the Administrative Law Judge by a re- porter employed by the Commission for that purpose.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-ADPO.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 5 USC 574 | status: Basic | banner: CUI || 42 USC 2000e-8(e) | status: Basic | banner: CUI | sanctions: 42 USC 2000e-8(e) || 16 CFR 3.45 | status: Specified | banner: CUI//SP-ADPO || 16 CFR 4.9(c) | status: Basic | banner: CUI || 18 CFR 385.606 | status: Basic | banner: CUI || 29 CFR 2200.120(d)(3) | status: Basic | banner: CUI || 8 CFR 292.3(h) | status: Basic | banner: CUI || 42 USC 2000e-5(b) | status: Basic | banner: CUI | sanctions: 42 USC 2000e-5(b) || 42 USC 3610(d) | status: Basic | banner: CUI || 46 CFR 502.167 | status: Basic | banner: CUI || 17 CFR 11.3 | status: Basic | banner: CUI || 17 CFR 10.64 | status: Specified | banner: CUI//SP-ADPO || 29 CFR 1640.4 | status: Basic | banner: CUI || 29 CFR 1603.108(d) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-ADPO
- Nara sanctions: 42 USC 2000e-8(e) || 42 USC 2000e-5(b)
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: All hearings shall be public, except that upon application of a respondent or affected witness the Administrative Law Judge may direct that specific documents or testimony be received and retained non-publicly in order to prevent unwarranted disclosure of trade secrets or sensitive commercial or financial information or an unwar- ranted invasion of personal privacy. § 10.65 Record of hearing.
- Extracted authority control: Copies of transcripts, except those portions granted non-public treatment, shall be available from the reporter at rates not to exceed the maximum rates fixed by the contract between the Commission and the reporter.
Authority excerpts
Most relevant extracted authority passage
All hearings shall be public, except that upon application of a respondent or affected witness the Administrative Law Judge may direct that specific documents or testimony be received and retained non-publicly in order to prevent unwarranted disclosure of trade secrets or sensitive commercial or financial information or an unwar- ranted invasion of personal privacy. § 10.65 Record of hearing.
Extracted authority passage 2
Copies of transcripts, except those portions granted non-public treatment, shall be available from the reporter at rates not to exceed the maximum rates fixed by the contract between the Commission and the reporter.
Extracted authority passage 3
(2) A failure to appear at a hearing shall not constitute a waiver of a par- ty’s right to propose findings of fact based on the record in the proceeding, to propose conclusions of law or to sub- mit briefs, in the manner provided in § 10.82, if the non-appearing party sub- mits prior to the scheduled hearing or within three days thereafter, a notice of appearance indicating his intent to continue to participate in the pro- ceeding.
Extracted authority passage 4
Corrections shall be made by the offi- cial reporter, who shall furnish sub- stitute pages of the transcript, under the usual certificate of the reporter, for insertion in the official record.
Extracted authority passage 5
Hear- ings for the purpose of taking evidence shall be recorded and transcribed in written form under the supervision of the Administrative Law Judge by a re- porter employed by the Commission for that purpose.
29 CFR 1640.4
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 29 CFR 1640.4 | status: Basic | banner: CUI.
- DoD authority row: 29 CFR 1640.4. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 29 CFR 1640.4 | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- (a) When a section 504 agency or a
- Registry designation context: Basic + Specified, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Adjudication of agency-related matters including, but not limited to, dispute resolution, settlements, and issuances of orders.
- DoD category scope used with this authority: Adjudication of agency-related matters including, but not limited to, dispute resolution, settlements, and issuances of orders.
- 29 CFR 1640.4 | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-ADPO. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Adjudication of agency-related matters including, but not limited to, dispute resolution, settlements, and issuances of orders.
- Extracted authority condition: (a) When a section 504 agency or a designated agency receives information obtained by the EEOC, such agency shall observe the confidentiality re- quirements of section 706(b) and sec- tion 709(e) of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-5(b) and 2000e-8(e)), as incorporated by sec- tion 107(a) of the ADA, to the same ex- tent as these provisions would bind the EEOC, except when the agency receives the same information from a source independent of the EEOC.
- Extracted authority condition: Such informa- tion shall include, but is not limited to, complaints, charges, investigative files, compliance review reports and files, affirmative action programs, and annual employment reports. § 1640.4 Confidentiality.
- Extracted authority condition: (b) When the EEOC receives informa- tion from a section 504 or a designated agency, the EEOC shall observe any confidentiality requirements applica- ble to that information. § 1640.5 Date of receipt.
- Extracted authority condition: A complaint or charge of employ- ment discrimination is deemed to be filed, for purposes of determining time- liness, on the date the complaint or charge is first received by a Federal agency with section 504 or ADA juris- diction, regardless of whether it is sub- sequently transferred to another agen- cy for processing. § 1640.6 Processing of complaints of employment discrimination filed with an agency other than the EEOC.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 5 USC 574 | status: Basic | banner: CUI || 42 USC 2000e-8(e) | status: Basic | banner: CUI | sanctions: 42 USC 2000e-8(e) || 16 CFR 3.45 | status: Specified | banner: CUI//SP-ADPO || 16 CFR 4.9(c) | status: Basic | banner: CUI || 18 CFR 385.606 | status: Basic | banner: CUI || 29 CFR 2200.120(d)(3) | status: Basic | banner: CUI || 8 CFR 292.3(h) | status: Basic | banner: CUI || 42 USC 2000e-5(b) | status: Basic | banner: CUI | sanctions: 42 USC 2000e-5(b) || 42 USC 3610(d) | status: Basic | banner: CUI || 46 CFR 502.167 | status: Basic | banner: CUI || 17 CFR 11.3 | status: Basic | banner: CUI || 17 CFR 10.64 | status: Specified | banner: CUI//SP-ADPO || 29 CFR 1640.4 | status: Basic | banner: CUI || 29 CFR 1603.108(d) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-ADPO
- Nara sanctions: 42 USC 2000e-8(e) || 42 USC 2000e-5(b)
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Such informa- tion shall include, but is not limited to, complaints, charges, investigative files, compliance review reports and files, affirmative action programs, and annual employment reports. § 1640.4 Confidentiality.
- Extracted authority control: (a) When a section 504 agency or a designated agency receives information obtained by the EEOC, such agency shall observe the confidentiality re- quirements of section 706(b) and sec- tion 709(e) of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-5(b) and 2000e-8(e)), as incorporated by sec- tion 107(a) of the ADA, to the same ex- tent as these provisions would bind the EEOC, except when the agency receives the same information from a source independent of the EEOC.
- Extracted authority control: (b) When the EEOC receives informa- tion from a section 504 or a designated agency, the EEOC shall observe any confidentiality requirements applica- ble to that information. § 1640.5 Date of receipt.
- Extracted authority control: Agency ques- tions concerning the confidentiality re- quirements of title I shall be directed to the Associate Legal Counsel for Legal Services, Office of Legal Counsel, the EEOC.
- Extracted authority control: If the agency determines that it does not have jurisdiction under section 504 or title II, and determines that the EEOC does not have jurisdiction under title I, the agency shall promptly refer the complaint to the Civil Rights Divi- sion.
Authority excerpts
Most relevant extracted authority passage
Such informa- tion shall include, but is not limited to, complaints, charges, investigative files, compliance review reports and files, affirmative action programs, and annual employment reports. § 1640.4 Confidentiality.
Extracted authority passage 2
(a) When a section 504 agency or a designated agency receives information obtained by the EEOC, such agency shall observe the confidentiality re- quirements of section 706(b) and sec- tion 709(e) of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-5(b) and 2000e-8(e)), as incorporated by sec- tion 107(a) of the ADA, to the same ex- tent as these provisions would bind the EEOC, except when the agency receives the same information from a source independent of the EEOC.
Extracted authority passage 3
(b) When the EEOC receives informa- tion from a section 504 or a designated agency, the EEOC shall observe any confidentiality requirements applica- ble to that information. § 1640.5 Date of receipt.
Extracted authority passage 4
Agency ques- tions concerning the confidentiality re- quirements of title I shall be directed to the Associate Legal Counsel for Legal Services, Office of Legal Counsel, the EEOC.
Extracted authority passage 5
A complaint or charge of employ- ment discrimination is deemed to be filed, for purposes of determining time- liness, on the date the complaint or charge is first received by a Federal agency with section 504 or ADA juris- diction, regardless of whether it is sub- sequently transferred to another agen- cy for processing. § 1640.6 Processing of complaints of employment discrimination filed with an agency other than the EEOC.
Extracted authority passage 6
If the agency determines that it does not have jurisdiction under section 504 or title II, and determines that the EEOC does not have jurisdiction under title I, the agency shall promptly refer the complaint to the Civil Rights Divi- sion.