April 17, 2019
Implementation of Section 842 of the NDAA
On April 10, 2019, the Under Secretary of Defense for Intelligence (USD(I))directed DSS to accelerate the implementation of Section 842 of the National Defense Authorization Act (NDAA) for Fiscal Year 2019. Section 842 of the NDAA for Fiscal Year 2019 allows the Secretary of Defense, in consultation with the Director of the Information Security Oversight Office (ISOO), to waive the National Interest Determination (NID) requirement for a U.S. company operating under a special security agreement (SSA) if the company has:
1. an "ultimate parent" located in a country that is part of the National Technology and Industrial Base (NTIB), as defined in section 2500 of Title 10, U.S. Code (Canada, Australia, or the United Kingdom);
2. previously been approved for access to proscribed information; and
3. a "demonstrated successful record of compliance" with the National Industrial Security Program.
DSS has identified the legal entities that appear to meet the preliminary requirements of that statute and is in the process of reviewing those companies for a demonstrated successful record of compliance with the National Industrial Security Program. Within 30 days, DSS will provide USD(I) with recommendations for waivers of the requirement to obtain a NID prior to accessing proscribed information under the control and authority of the Secretary, which is limited to Special Access Program Information, Top Secret Information and, with the approval of the Director, National Security Agency, communications security information.