The letter, jointly submitted by the Council on Governmental Relations (COGR) and the Association of American Universities (AAU), addresses the Department of Defense’s (DoD) revised Defense Federal Acquisition Regulation Supplement (DFARS) clauses 252.204-7008 and 252.204-7012 concerning safeguarding covered defense information. The associations—which collectively represent a large network of prominent research universities—express appreciation for the DoD’s responsiveness in extending the deadline for compliance with the NIST SP 800-171 requirements to December 31, 2017, a move that they believe will help institutions plan and adapt their information systems accordingly. However, they note a contradiction between the two clauses regarding when and how contractors are required to notify or seek approval from the DoD Chief Information Officer (CIO) on variances from the NIST requirements, expressing concern that inconsistent requirements could lead to confusion. They urge DoD to clarify these provisions to ensure consistent understanding and compliance among contractors.
Additionally, the letter raises concerns about the applicability of these safeguarding requirements to contracts classified as “fundamental research,” arguing that such projects should not be inadvertently subjected to the new controls if they do not involve covered defense information. The associations recommend changes in the regulatory language—such as revising “information identified in” to “information subject to” export control regulations—to accurately reflect the existing protections for fundamental research and prevent unnecessary compliance burdens. They also advocate for an explicit clarification that the safeguarding requirements only apply to contractors and subcontractors handling covered defense information, proposing that the relevant DFARS clause clearly state its inapplicability to fundamental research projects unless covered defense information becomes involved. These recommendations aim to ensure both regulatory clarity and the continued robustness of academic research with DoD support.
