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DOD/OS RIN: 0790-AK85 Publication ID: Fall 2023 
Title: National Industrial Security Program Operating Manual (NISPOM)  
Abstract:

The Department of Defense (DoD) is codified the National Industrial Security Program Operating Manual (NISPOM) in regulation.  The NISPOM establishes requirements for the protection of classified information disclosed to or developed by contractors, licensees, grantees, or certificate holders (hereinafter referred to as contractors) to prevent unauthorized disclosure.  In addition to adding the NISPOM to the Code of Federal Regulations (CFR), this rule incorporates the requirements of Security Executive Agent Directive (SEAD) 3, Reporting Requirements for Personnel with Access to Classified Information or Who Hold a Sensitive Position.”  SEAD 3 requires reporting by all contractor cleared personnel who have been granted eligibility for access to classified information.  This NISPOM rule provides for a single nation-wide implementation plan which will, with this rule, include SEAD 3 reporting by all contractor cleared personnel to report specific activities that may adversely impact their continued national security eligibility, such as reporting of foreign travel and foreign contacts. NISP Cognizant Security Agencies (CSAs) shall conduct an analysis of such reported activities to determine whether they pose a potential threat to national security and take appropriate action.  Finally, the rule also implements the provisions of section 842 of Pub. L. 115-232, which removes the requirement for a covered National Technology and Industrial Base (NTIB) entity operating under a special security agreement pursuant to the NISP to obtain a national interest determination as a condition for access to proscribed information.

 
Agency: Department of Defense(DOD)  Priority: Section 3(f)(1) Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 32 CFR 117   
Legal Authority: E.O. 12829    32 CFR 2004   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  12/21/2020  85 FR 83300   
Comment Period End  02/19/2021 
Final Rule Effective  02/24/2021 
Final Rule Amendment  08/19/2021  86 FR 46597   
Final Rule Amendment Effective  08/19/2021  86 FR 46597   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: Organizations  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Related RINs: Related to 0790-AL41, Related to 0790-AL52 
Agency Contact:
Allyson C. Renzella
Industrial Security Specialist
Department of Defense
Office of the Secretary
1400 Defense Pentagon,
Arlington, VA 20130
Phone:703 697-9209
Email: allyson.c.renzella.civ@mail.mil