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The Wait Is Over: Final DFARS Safeguarding Rule Published Today

Client Alert | 1 min read | 10.21.16

Almost three years after its first iteration was published, DoD has finalized the DFARS Safeguarding Rule and corresponding DFARS clauses regarding the protection of “covered defense information” provided to or generated by defense contractors. Effective today, the Final Rule by and large reflects the same requirements of its interim versions and FAQs but with a few notable exceptions, including the definition of “covered defense information” now encompasses all forms of “controlled unclassified information” and thus aligns with the National Archive’s recent final rule, external cloud services housing covered defense information must comply with certain FedRAMP security requirements, and subcontractors must notify their primes when requesting variances from the security controls of NIST Special Publication 800-171.

Insights

Client Alert | 3 min read | 03.03.25

HHS Suggests It Will Provide Less Notice and Opportunity for Comment on Grant and Contract Rules

On February 28, the Department of Health and Human Services (HHS) announced that it was rescinding the Richardson Waiver, a policy in place since 1971 which said HHS would provide notice of proposed rulemaking in certain cases where it was not otherwise required to do so by law. This announcement signals a policy shift for the agency and suggests that where permitted by law, HHS will generally now issue rules relating to “agency management or personnel or to public property, loans, grants, benefits, or contracts” without providing notice and comment to stakeholders, and may otherwise find good cause to forego notice and comment procedures....