DoD Codifies NISPOM, Makes Changes Concerning Access To Classified Information

The Department of Defense has issued a final rule codifying the National Industrial Security Program Operating Manual in the Code of Federal Regulations at 32 C.F.R. Part 117, effective February 24, 2021. The NISPOM governs the disclosure of classified information to cleared government contractors and personnel and establishes the mechanisms and procedures for protecting such information from unauthorized disclosure, including means to mitigate the national security risks associated with contractors operating under foreign ownership, control or influence (FOCI). The codified NISPOM will also incorporate the reporting requirements under Security Executive Agent Directive 3 (SEAD 3) and eliminate the requirement for a National Interest Determination for particular entities operating under a Special Security Agreement to access certain classified information.