[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Page 31617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14517]
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DEPARTMENT OF DEFENSE
48 CFR Parts 4, 27, and 52
[FAC 90-39; FAR Case 95-004; Item II]
RIN 9000-AG95
Federal Acquisition Regulation; National Industrial Security
Program Operating Manual (NISPOM)
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule to amend
the Federal Acquisition Regulation (FAR) to reflect the applicability
of the National Industrial Security Program Operating Manual (NISPOM).
The NISPOM updates and replaces the DOD Industrial Security Manual for
Safeguarding Classified Information (DOD 5220.22-M). This regulatory
action was not subject to Office of Management and Budget review under
Executive Order 12866, dated September 30, 1993, and is not a major
rule under 5 U.S.C. 804.
EFFECTIVE DATE: August 19, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-39, FAR case 95-004.
SUPPLEMENTARY INFORMATION:
A. Background
The National Industrial Security Program was established by
Executive Order 12829, ``National Industrial Security Program'' (58 FR
3479). Section 201 of the Executive order directs the Secretary of
Defense, in consultation with all affected agencies and with the
concurrence of the Secretary of Energy, the Chairman of the Nuclear
Regulatory Commission, and the Director of Central Intelligence, to
issue and maintain a National Industrial Security Program Operating
Manual.
B. Regulatory Flexibility Act
This final rule does not constitute a significant FAR revision
within the meaning of FAR 1.501 and Public Law 98-577, and publication
for public comment is not required. Therefore, the Regulatory
Flexibility Act does not apply. However, comments from small entities
concerning the affected FAR subparts will be considered in accordance
with 5 U.S.C. 610. Such comments must be submitted separately and cite
5 U.S.C. 601, et seq. (FAC 90-39, FAR case 95-004), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 4, 27, and 52
Government procurement.
Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 4, 27, and 52 are amended as set forth
below:
1. The authority citation for 48 CFR Parts 4, 27, and 52 continues
to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 4--ADMINISTRATIVE MATTERS
2. Section 4.402 is amended by revising paragraphs (a) and (b); and
in paragraph (c) by removing ``Section VIII of the ISR'' and inserting
in its place ``Chapter 10 of the NISPOM''. The revised text reads as
follows:
4.402 General.
(a) Executive Order 12829, January 6, 1993 (58 FR 3479, January 8,
1993), entitled ``National Industrial Security Program'' (NISP),
establishes a program to safeguard Federal Government classified
information that is released to contractors, licensees, and grantees of
the United States Government. Executive Order 12829 amends Executive
Order 10865, February 20, 1960 (25 FR 1583, February 25, 1960),
entitled ``Safeguarding Classified Information Within Industry,'' as
amended by Executive Order 10909, January 17, 1961 (26 FR 508, January
20, 1961).
(b) The National Industrial Security Program Operating Manual
(NISPOM) incorporates the requirements of these Executive Orders. The
Secretary of Defense, in consultation with all affected agencies and
with the concurrence of the Secretary of Energy, the Chairman of the
Nuclear Regulatory Commission, and the Director of Central
Intelligence, is responsible for issuance and maintenance of this
Manual. The following DOD publications implement the program:
(1) National Industrial Security Program Operating Manual (NISPOM)
(DOD 5220.22-M).
(2) Industrial Security Regulation (ISR) (DOD 5220.22-R).
* * * * *
4.403 and 4.404 [Amended]
3. Section 4.403 is amended in paragraphs (a)(1)(i), (b)(1),
(c)(1), and (c)(2), by revising ``DISP'' to read ``NISP''; and section
4.403(c)(1) is amended in the last sentence by removing ``Section VII
of''.
3a. Section 4.404(d) is amended by revising ``DISP'' to read
``NISP''.
PART 27--PATENTS, DATA, AND COPYRIGHTS
27.207-1 [Amended]
4. Section 27.207-1 is amended in the second sentence of paragraph
(b) by removing ``Department of Defense Industrial Security Manual for
Safeguarding Classified Security Information'' and inserting in its
place ``National Industrial Security Program Operating Manual''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.204-2 [Amended]
5. Section 52.204-2 is amended by revising the introductory
paragraph to read as set forth below; by revising the date of the
clause to read ``(AUG 1996)''; and in paragraph (b)(1) of the clause by
removing ``Department of Defense Industrial Security Manual for
Safeguarding Classified Information'' and inserting in its place
``National Industrial Security Program Operating Manual''. The revised
text reads as follows:
52.204-2 Security requirements.
As prescribed in 4.404(a), insert the following clauses:
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[FR Doc. 96-14517 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P