Proposed FAR CUI NPRM Withdrawn

Yesterday, the OMB’s Office of Information and Regulatory
Affairs (OIRA) announced
that a Federal Acquisition Regulation (FAR) notice of proposed rulemaking
(NPRM) submitted by DOD, GSA and NASA on  “FAR Case 2017-016, Controlled Unclassified
Information (CUI)” had been withdrawn. No reason was given. This NPRM had
been submitted
to OIRA on March 7th, 2022.

According to the abstract in the Spring 2022 Unified Agenda
for this
rulemaking
:

“DoD, GSA, and NASA are proposing
to amend the Federal Acquisition Regulation (FAR) to implement the National
Archives and Records Administration (NARA) Controlled Unclassified Information
(CUI) program of Executive Order 13556 of November 4, 2010 as implemented in
NARA’s implementing regulations at 32
CFR 2002
[link added], and implement the OMB Memorandum M-17-12, entitled
Preparing for and Responding to a Breach of Personally Identifiable Information
(PII). This rule will apply the CUI program requirements in Federal contracts
in a uniform manner to protect CUI. This rule is one element of a larger
strategy to improve the Government’s efforts to identify, deter, protect
against, detect and respond to increasing sophisticated threat actions
targeting Federal contractors.”

This rulemaking has been on
the Unified Agenda
since 2017. There is no
record
of OMB meetings with stakeholders on this rulemaking.