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On December 21, 2020, the Department of Defense (DoD) published a final rule titled "National Industrial Security Program Operating Manual (NISPOM)” in the Federal Register (RIN 0790-AK85) that added part 117 to title 32 of the Code of Federal Regulations. That rule codified the NISPOM, which prescribes specific requirements, restrictions, and other safeguards that are necessary to preclude unauthorized disclosure and control authorized disclosure of Federal Government classified information to contractors, licensees, or grantees. The NISPOM applies to the release of classified information during all phases of the contracting process, including bidding, negotiation, award, performance, and termination of contractors, and the licensing process or the grant process, with or under the control of departments or agencies.

On August 19, 2021, DoD published a final rule technical amendment (RIN 0790-AL41), which extended the implementation date to August 24, 2022 for those contractors under DoD security cognizance to report foreign travel to allow for the modifications to DoD’s IT system to be completed.

DoD plans to propose additional amendments to the December 21, 2020 rule based on the public comments received.