5 CFR 736.103
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 5 CFR 736.103 | status: Basic | banner: CUI.
- DoD authority row: 5 CFR 736.103. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 5 CFR 736.103 | 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
- Subpart B—Standards of Conduct
- 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: Related to the identity of a human source.
- DoD category scope used with this authority: Related to the identity of a human source.
- 5 CFR 736.103 | 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-INF. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to the identity of a human source.
- Extracted authority condition: The interviewing agent must no- tify each person interviewed and each custodian of records contacted that all information provided, including the record source’s identity, may be dis- closed upon the request of the subject of the investigation.
- Extracted authority condition: (c) Where information is requested by written inquiry, the form, instructions, or correspondence used by an agency will include: (1) Notification that all information furnished by the source, including the source’s identity, except for custodians of law enforcement or educational records, may be disclosed upon the request of the subject of the investigation; and (2) Space for the in- formation source to request a pledge that the source’s identity will not be disclosed to the subject of the inves- tigation; or (3) An offer to make special arrangements to obtain significant in- formation which the source feels un- able to furnish without a promise that the source’s identity will be kept con- fidential.
- Extracted authority condition: (a) Investigative files are records subject to the Privacy Act and the Freedom of Information Act and are made available to requesters in accord- ance with the provisions of those Acts.
- Extracted authority condition: (3) Personnel investigation means an investigation conducted by written or telephone inquiries or through personal contacts to determine the suitability, eligibility, or qualifications of individ- uals for Federal employment, for work on Federal contracts, or for access to classified information or restricted areas. § 736.102 Notice to investigative sources.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 5 CFR 736.103 | status: Basic | banner: CUI || 21 CFR 20.64(a)(4) | status: Basic | banner: CUI || 10 CFR 19.16(a) | status: Basic | banner: CUI || 26 USC 6103(a) | status: Specified | banner: CUI//SP-INF || 26 USC 6103(h) | status: Specified | banner: CUI//SP-INF
- Nara banner markings: CUI, CUI//SP-INF
- 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: (d) A pledge of confidentiality, if granted, extends only to the identity of the source, and to any information fur- nished by the source that would reveal the identity of the source. § 736.103 Protecting the identity of a source.
- Extracted authority control: (3) Personnel investigation means an investigation conducted by written or telephone inquiries or through personal contacts to determine the suitability, eligibility, or qualifications of individ- uals for Federal employment, for work on Federal contracts, or for access to classified information or restricted areas. § 736.102 Notice to investigative sources.
- Extracted authority control: (b) This section does not preclude ac- tivities: (1) Necessitated by an employee’s of- ficial duties; or (2) Occurring under section 7 of Exec- utive Order 12353 and similar agency- approved activities. § 735.202 What are the restrictions on conduct that safeguard the exam- ination process? (a) An employee shall not, with or without compensation, teach, lecture, or write for the purpose of the prepara- tion of a person or class of persons for an examination of the Office of Per- sonnel Management (OPM) or other agency to which examining authority has been delegated, or Board of Exam- iners for the Foreign Service that de- pends on information obtained as a re- sult of the employee’s Government em- ployment.
- Extracted authority control: (b) This section does not preclude the preparation described in paragraph (a) of this section if: (1) The information upon which the preparation is based has been made available to the general public or will be made available on request; or (2) Such preparation is authorized in writing by the Director of OPM, or his or her designee, or by the head of an agency to which examining authority had been delegated, or his or her des- ignee, or by the Director General of the Foreign Service, or his or her designee, as applicable. § 735.203 What are the restrictions on conduct prejudicial to the Govern- ment? An employee shall not engage in criminal, infamous, dishonest, im- moral, or notoriously disgraceful con- duct, or other conduct prejudicial to the Government.
- Extracted authority control: In addition, the agent has discretion to offer the source a pledge of confidentiality where the agent believes that such a pledge is necessary to obtain informa- tion pertinent to the investigation.
- Extracted authority control: The require- ments of this part apply to employees in the civil service of the Executive Branch and to persons performing con- tract, voluntary or indirect services for the Federal Government, as set forth in subsection (b) below.
Authority excerpts
Most relevant extracted authority passage(d) A pledge of confidentiality, if granted, extends only to the identity of the source, and to any information fur- nished by the source that would reveal the identity of the source. § 736.103 Protecting the identity of a source.
Extracted authority passage 2(3) Personnel investigation means an investigation conducted by written or telephone inquiries or through personal contacts to determine the suitability, eligibility, or qualifications of individ- uals for Federal employment, for work on Federal contracts, or for access to classified information or restricted areas. § 736.102 Notice to investigative sources.
Extracted authority passage 3(b) This section does not preclude ac- tivities: (1) Necessitated by an employee’s of- ficial duties; or (2) Occurring under section 7 of Exec- utive Order 12353 and similar agency- approved activities. § 735.202 What are the restrictions on conduct that safeguard the exam- ination process? (a) An employee shall not, with or without compensation, teach, lecture, or write for the purpose of the prepara- tion of a person or class of persons for an examination of the Office of Per- sonnel Management (OPM) or other agency to which examining authority has been delegated, or Board of Exam- iners for the Foreign Service that de- pends on information obtained as a re- sult of the employee’s Government em- ployment.
Extracted authority passage 4(b) This section does not preclude the preparation described in paragraph (a) of this section if: (1) The information upon which the preparation is based has been made available to the general public or will be made available on request; or (2) Such preparation is authorized in writing by the Director of OPM, or his or her designee, or by the head of an agency to which examining authority had been delegated, or his or her des- ignee, or by the Director General of the Foreign Service, or his or her designee, as applicable. § 735.203 What are the restrictions on conduct prejudicial to the Govern- ment? An employee shall not engage in criminal, infamous, dishonest, im- moral, or notoriously disgraceful con- duct, or other conduct prejudicial to the Government.
Extracted authority passage 5In addition, the agent has discretion to offer the source a pledge of confidentiality where the agent believes that such a pledge is necessary to obtain informa- tion pertinent to the investigation.
Extracted authority passage 6The interviewing agent must no- tify each person interviewed and each custodian of records contacted that all information provided, including the record source’s identity, may be dis- closed upon the request of the subject of the investigation.