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Learn more here. This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format. The NISP safeguards classified information the Federal Government or foreign governments release to contractors, licensees, grantees, and certificate holders.
The proposed revisions also make other administrative changes to be consistent with recent revisions to the NISPOM and with updated regulatory language and style.
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The proposed revisions do not change requirements for industry which are contained in the NISPOM , but instead clarify agency responsibilities. The President issued E.
Protection level 1 nispom pdf
In , ISOO issued, and periodically updates, this regulation, which functions as one of those directives. This regulation establishes uniform standards throughout the Program, and helps agencies implement requirements in E.
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This revision also establishes agency responsibilities for implementing the insider threat provisions of E. However, the regulation does not stand alone; users should refer concurrently to the underlying executive orders for guidance. Nothing in this regulation supersedes the authority of the Secretary of Energy or the Nuclear Regulatory Commission under the Atomic Energy Act of , as amended 42 U. This proposed rule reflects a national level policy framework that should not change existing practices and procedures for any of the affected agencies or for entities in any significant way.
We initiated the proposed revisions in to incorporate new insider threat program requirements as a result of E. On the other side of the equation, this NISP regulation gives policy direction and establishes responsibilities for the agencies that release classified information to private sector entities to ensure that the agencies provide consistent oversight of entity programs.
We are therefore proposing revisions to the regulation to add the insider threat requirements that pertain to NISP oversight by agencies; similar provisions have been added to the NISPOM for private sector entities to follow.
During review of the regulation, the working group determined that, although the NISPOM provides requirements and procedures for entities, this regulation did not include many of the coinciding oversight requirements for agencies. We therefore expanded the revision to include adding aspects of NISP implementation for which the agencies have a responsibility that weren't already spelled out in the regulation. These proposed changes include adding responsibility provisions Start Printed Page for CSAs and Government contracting activities GCAs , standards by which they make entity and employee eligibility determinations for access to classified information, standards for assessing foreign ownership, control, or influence and for mitigating or negating it, and identifying CSA and non-CSA agency responsibilities for security classification and for authorizing entity information systems to process classified information.
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We are including them to ensure agencies consistently apply the NISP requirements for all entities that have access to classified information and thereby aid in reducing processing burdens on entities.
This affords agencies the opportunity to ensure that they are complying with existing NISP requirements, to include verifying that all current contracts or agreements with contractors, licensees, or grantees include appropriate security requirements. We have also made some proposed revisions to more clearly set out items that were already in the regulation. One such proposed change is the approach to reciprocity. Because of the separate and unique authorities of the CSAs, one CSA might not, in some cases, reciprocally accept entity eligibility determinations made by another CSA.
However, the proposed revision stipulates that CSAs will not require entities to go through duplicate steps for eligibility determinations. This should help reduce and streamline eligibility determinations for entities receiving classified information from more than one agency.
Our goal is to create a common framework that all CSAs can effectively use because it sets out requirements in terms that encompass CSA processes for varying types of classified information under the NISP. The NISPOM currently includes a limited facility security clearance as an option for agencies to consider when foreign ownership, control, or influence FOCI of an entity cannot be mitigated or negated. We have added the limited eligibility determination option to this regulation, but have also expanded it to include limited eligibility for entities that are not under FOCI, but for which an agency considers it appropriate to limit access to a specific and narrow purpose.
In addition, we have made some drafting changes to make the regulation more readable. Executive Order , Regulatory Planning and Review, 58 FR September 30, , and Executive Order , Improving Regulation and Regulation Review, 76 FR January 18, , direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity.
Chapter 8, Congressional Review of Agency Rulemaking. This review requires an agency to prepare an initial regulatory flexibility analysis and publish it when the agency publishes the proposed rule. This requirement does not apply if the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities 5 U.
As required by the Regulatory Flexibility Act, we certify that this proposed rulemaking will not have a significant impact on a substantial number of small entities because it applies only to Federal agencies. This rule sets out coinciding requirements for agencies. However, agencies implementing this regulation will do so through contracts with businesses as well as other agreements with entities and thus it indirectly affects those entities.
Agencies have been applying the requirements and procedures contained in the NISPOM and, to a lesser extent, contained in this regulation to entities for 20 years, with the exception of insider threat provisions added to the NISPOM in , and the proposed additions to this regulation do not substantially alter those requirements. Most of the provisions being added to this regulation have applied to entities through the NISPOM; we are simply incorporating the agency responsibilities for those requirements into the regulation.
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Other revisions to this regulation are primarily administrative, except the new insider threat requirements. The insider threat requirements make minor additions to training, oversight, information system security, and similar functions already being conducted by entities, and thus will not have a significant economic impact on a substantial number of small business entities.
This proposed rule contains information collection activities that are subject to review and approval by the Office of Management and Budget OMB under the Paperwork Reduction Act. Review under Executive Order requires that agencies review regulations for federalism effects on the Start Printed Page institutional interest of states and local governments, and, if the effects are sufficiently substantial, prepare a Federal assessment to assist senior policy makers.
This proposed rule will not have any direct effects on State and local governments within the meaning of the Executive Order.
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Therefore, this rule does not include a federalism assessment. For the reasons stated in the preamble, the National Archives and Records Administration proposes to revise 32 CFR part to read as follows:. Authority: Section b 1 of E. It establishes uniform standards throughout the Program, and helps agencies implement requirements in E. It applies to any executive branch agency that releases classified information to current, prospective, or former Federal contractors, licensees, grantees, or certificate holders.
However, this part does not stand alone; users should refer concurrently to the underlying executive orders for guidance. Appendix 3 governs release of classified information in criminal proceedings. This includes component agencies under another agency or under a cross-agency oversight office such as ODNI with CIA , which are also agencies for purposes of this part.
Critical infrastructure refers to systems and assets, whether physical or virtual, so vital to the United States that incapacitating or destroying such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination thereof.
These entities include banks and power plants, among others. The sectors of critical infrastructure are listed in Presidential Policy Directive 21, Critical Infrastructure Security and Resilience February 12, Classified information includes national security information NSI , restricted data RD , and formerly restricted data FRD , regardless of its physical form or characteristics including tangible items other than documents.
A CSA may have cognizance over a particular type s of classified information based on specific authorities such as those listed in Entities fall under a CSA's cognizance when they enter or compete to enter contracts or agreements to access classified information under the CSA's cognizance, including when they enter or compete to enter such contracts or agreements with a non-CSA agency or another entity under the CSA's cognizance.
They include, but are not limited to, contracts, sub-contracts, licenses, certificates, memoranda of understanding, inter-agency service agreements, other types of documents or arrangements setting out responsibilities, requirements, or terms agreed upon by the parties, programs, projects, and other legitimate U.
National Industrial Security Program
Eligibility determinations may be broad or limited to specific contracts, sponsoring agencies, or circumstances.
A favorable determination results in eligibility to access classified information under the cognizance of the responsible CSA to the level approved. When the entity would be accessing categories of information such as RD or SCI for which the CSA for that information has set additional requirements, CSAs must also assess whether the entity is eligible for access to that category.
A favorable entity eligibility determination does not convey authority to store classified information.
A foreign government may also be a GCA. They include, but are not limited to, conducting oversight reviews, making eligibility determinations, and providing agency and entity guidance and training. Government or entity resource such as personnel, facilities, information, equipment, networks, or systems.
Insider threats may include harm to entity or program information to the extent that the information impacts the entity's or agency's obligations to protect classified information. Agencies may conduct insider threat response actions through their counterintelligence CI , security, law enforcement, or inspector general organizations, depending on the statutory authority and internal policies that govern the agency.
An agency may have more than one insider threat program SO. They may include individuals who hold majority ownership interest in the entity Start Printed Page in the form of stock or other ownership interests. The security officer must complete security training specified by the responsible CSA, and must have and maintain an employee eligibility determination level that is at least the same level as the entity's eligibility determination level.
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Government must protect in the interest of national security. ISOO may conduct reviews during routine oversight visits, when a problem or potential problem comes to ISOO's attention, or after a change in national policy that impacts agency policies and guidelines. ISOO provides the responsible agency with findings from these reviews. The EA:.
The EA provides industrial security services only through an agreement with the agency. Non-CSA agencies must enter an agreement with the EA and comply with EA industrial security service processes before releasing classified information to an entity;. Non-CSA agencies are responsible for entering agreements with a designated CSA for industrial security services, and are responsible for carrying out NISP implementation within their agency consistently with the agreement, the CSA's guidelines and procedures, and this part;.
Component agencies do not have itemized responsibilities under this part and do not independently need to enter agreements with a CSA, but they follow, and may have responsibilities under, implementing guidelines and procedures established by their CSA or non-CSA agency, or both.