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COVID-19 Effects on Cleared Contractors

Client Alert | 1 min read | 04.02.20

On March 30, 2020, the Defense Counterintelligence and Security Agency (DCSA) published COVID-19 NISP Guidance to describe for cleared industry how DCSA will conduct its oversight mission during the pandemic. That guidance includes, among other things:

  • DCSA has suspended all enhanced security vulnerability assessments (ESVA) and other on-site activities. DCSA Industrial Security Representatives (ISR) will instead conduct continuous monitoring engagements through virtual outreach.
  • Cleared contractors with safeguarding remain responsible for ensuring classified material remains appropriately secured, even in areas implementing mandatory quarantines. DCSA provides guidance regarding handling end-of-day checks of security containers, approved closed areas, and special access program facilities during the pandemic.
  • Cleared contractor personnel furloughed or not in pay status should be removed from access in JPAS and need not complete annual refresher training. Overdue training must be completed within 60-days of returning to normal operations.
  • DCSA will extend all information systems’ Authorizations to Operate (ATO) expiring before April 18, 2020 for an additional 90 days. Security Control Assessment (SCA) activity will continue, but the on-site portion will be deferred.
  • DCSA will continue to process facility clearance (FCL) actions. However, the inquiries telephone line is suspended, and contractors seeking status updates or other assistance may instead leave detailed voicemail messages on the Knowledge Center line at 888-282-7682 or e-mail the Facility Clearance Branch (FCB) at dcsa.fcb@mail.mil.
  • The Department of Defense (DoD) Consolidated Adjudication Facility (CAF) call center is temporarily suspended. Inquiries may be e-mailed to whs.meade.dodcaf.mbx.dodcaf-callcenter@mail.mil, and an agent will follow up.


Insights

Client Alert | 11 min read | 05.17.24

FTC Finalizes Modifications to Broaden the Applicability of the Health Breach Notification Rule

On April 26, 2024, the Federal Trade Commission (“FTC”) announced a final rule (“Final Rule”) modifying the Health Breach Notification Rule (“HBNR”). The Final Rule, which largely finalizes changes proposed in a Notice of Proposed Rulemaking published last year (“2023 NPRM”), broadens the scope of entities subject to the HBNR, including many mobile health applications (“apps”) and similar technologies, and clarifies that breaches subject to the HBNR include not only cybersecurity intrusions but also unauthorized disclosures, even those that are voluntary. The Final Rule will take effect 60 days after its publication in the Federal Register....