Current through October 31, 2024
(a) This rule implements policy, assigns responsibilities, establishes requirements, and provides procedures, consistent with E.O. 12829, "National Industrial Security Program"; E.O. 10865, "Safeguarding Classified Information within Industry"; 32 CFR part 2004 ; and DoD Instruction (DoDI) 5220.22, "National Industrial Security Program (NISP)" (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/522022p.pdf?ver=2018-05-01-073158-710) for the protection of classified information that is disclosed to, or developed by contractors of the U.S. Government (USG) (hereinafter referred to in this rule as contractors).(b) This rule, also in accordance with E.O. 12829, E.O. 13587,"Structural Reforms To Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information"; E.O. 13691, "Promoting Private Sector Cybersecurity Information Sharing"; E.O. 12333, "United States Intelligence Activities"; 42 U.S.C. 2011 et seq. (also known as and referred to in this rule as the "AEA of 1954," as amended); " 50 U.S.C. Ch. 44 (also known as the "National Security Act of 1947," as amended); 50 U.S.C. 3501 et seq. (also known as the "Central Intelligence Agency Act of 1949," as amended); Public Law 108-458 (also known as the "Intelligence Reform and Terrorism Prevention Act of 2004"); and 32 CFR part 2004 : (1) Prescribes industrial security procedures and practices, under E.O. 12829 or successor orders, to safeguard USG classified information that is developed by or disclosed to contractors of the USG.(2) Prescribes requirements, restrictions, and other safeguards to prevent unauthorized disclosure of classified information and protect special classes of classified information.(3) Prescribes that contractors will implement the provisions of this part no later than 6 months from February 24, 2021, with the exception of requirements for reporting foreign travel to the Department of Defense prescribed in SEAD 3 and implemented through this rule. Contractors under the security cognizance of the Department of Defense will begin reporting foreign travel to the Department of Defense no later than 18 months from February 24, 2021. 85 FR 83312 , Dec. 21, 2020, as amended at 86 FR 46598 , Aug. 19, 2021 85 FR 83312, 2/24/2021; as amended at 86 FR 46598, 8/19/2021