The FAR CUI Rule: Back from the Dead

Summary

The upcoming FAR CUI rule, a critical development in federal contracting, aims to standardize the protection of Controlled Unclassified Information across all federal contractors. Stemming from Executive Order 13556, the rule has faced delays since its inception, but is now expected to be published by Thanksgiving 2024. It will establish NIST SP 800-171 as the minimum protection standard and may introduce incident reporting requirements. The podcast emphasizes the importance of compliance and community engagement, encouraging listeners to utilize available resources to prepare for these significant regulatory changes.

Takeaways

• 😀 The FAR CUI rule is set to be published before Thanksgiving 2024, marking a significant milestone in the federal CUI program.
• 😀 The rule aims to standardize protections for Controlled Unclassified Information (CUI) across all federal contracts, not just those for the Department of Defense (DoD).
• 😀 The development of the FAR CUI rule has faced extensive delays, with origins tracing back to Executive Order 13556 issued in 2010.
• 😀 NIST SP 800-171 will be established as the minimum standard for protecting CUI, impacting all federal contractors.
• 😀 There is speculation that the FAR CUI rule will include incident reporting requirements similar to those in existing DoD regulations.
• 😀 The rule may mandate external verification of compliance with NIST SP 800-171 or allow self-attestation; clarity on this aspect is still awaited.
• 😀 The issue of FedRAMP moderate equivalency will be addressed, with expectations leaning towards requiring FedRAMP certification for cloud services handling CUI.
• 😀 The history of the FAR CUI rule reflects ongoing challenges and the need for a unified regulatory approach across federal agencies.
• 😀 The podcast encourages listeners to subscribe to stay updated on developments related to the FAR CUI rule and its implications.
• 😀 The FAR CUI rule represents a broader effort to harmonize information security requirements across federal contracting beyond just the DoD context.

Q & A

What is the FAR CUI rule?

The FAR CUI rule is a federal acquisition regulation that extends protections for Controlled Unclassified Information (CUI) to all federal contractors, not just those in defense.

Why has the FAR CUI rule taken so long to be implemented?

The implementation of the FAR CUI rule has been delayed due to the need for a comprehensive CUI registry and federal regulations, alongside complications arising from interim measures taken by the DOD.

What is the significance of Executive Order 13556?

Executive Order 13556, issued in 2010, established the federal CUI program, laying the groundwork for protecting unclassified information across federal agencies.

What is the expected minimum standard for protecting CUI?

The expected minimum standard for protecting CUI under the FAR CUI rule is NIST SP 800-171, which outlines a baseline of security controls.

Will there be incident reporting requirements under the FAR CUI rule?

It is likely that there will be incident reporting requirements similar to those in existing DOD regulations, although the specifics will be clarified upon the rule's release.

What challenges did the National Archives and Records Administration (NARA) face in implementing the CUI program?

NARA faced significant challenges in implementing the CUI program, including delays and the complexity of coordinating various federal agency requirements.

How does the FAR CUI rule relate to the DOD's own regulations?

The FAR CUI rule aims to provide a more uniform approach to CUI protection across all federal contractors, whereas DOD regulations were more limited in scope and had to be implemented earlier due to urgent needs.

What implications does the FAR CUI rule have for non-defense contractors?

The FAR CUI rule will impose CUI protection requirements on all federal contractors, meaning that non-defense contractors will also need to comply with standards like NIST SP 800-171.

What is the podcast's call to action for listeners?

The podcast encourages listeners to subscribe, highlighting that only about 10% of the audience is currently subscribed, which is important for sustaining the channel.

When is the FAR CUI rule expected to be published?

The FAR CUI rule is expected to be published before Thanksgiving of 2024, marking a significant milestone after years of delays.