[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).
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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