CMMC Timeline

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Introduction 

The Cybersecurity Maturity Model Certification (CMMC) serves as a vital framework established by the Department of Defense (DoD) to bolster cybersecurity within the Defense Industrial Base (DIB). As cybersecurity threats continue to evolve, the necessity for a comprehensive certification process has become increasingly urgent. The publication of the 32 CFR Cybersecurity Maturity Model Certification (CMMC) 2.0 Final Rule in the Federal Register on October 15, 2024, marks a pivotal development in the DoD’s mission to safeguard sensitive information. This framework is designed not only to enhance compliance among defense contractors but also to ensure the implementation of robust security measures essential for protecting Controlled Unclassified Information (CUI).

Understanding the nuances of the Federal Register is critical in this context, as it serves as the official journal of the U.S. government, detailing proposed and final rules along with other significant regulatory documents.

The Federal Register and Its Role in Rulemaking 

The Federal Register plays a crucial role in the rulemaking process by providing transparency and enabling public feedback on proposed regulations. The publication of a proposed rule in the Federal Register follows a period of internal development and review, leading to a public comment period where stakeholders can express support, concerns, or suggestions for modifications. Although the timeline for finalizing a rule can vary, the publication of a proposed rule signifies the DoD’s intent to enforce new cybersecurity standards, making these requirements binding across the DIB.  Once a rule is finalized, it is officially published in the Federal Register as a Final Rule, signaling that all public input has been considered, and the rule is ready to be implemented and enforced as law. (Federal Register). 

Timeline for the CMMC Program 

Building on the foundation established by the Federal Register, understanding the evolution of the CMMC program leading to CMMC 2.0 is essential. It is important to note that the security requirements forming the basis of CMMC 2.0 Level 2, as outlined in NIST SP 800-171, have been mandatory for DoD contractors handling sensitive information since December 2017. This requirement followed the introduction of DFARS clause 252.204-7012, which addresses the safeguarding of Covered Defense Information and Cyber Incident Reporting in DoD solicitations and contracts. However, enforcement of these requirements initially relied on self-attestation, lacking an effective verification process.

Consequently, many contractors did not fully implement the necessary security controls, which limited the DoD’s ability to ensure compliance. In response to these challenges, the DoD initiated the CMMC program as a structured framework for verifying compliance with the DFARS requirements. This initiative established a system through which compliance is assessed by CMMC Third Party Assessment Organizations (C3PAOs), which are certified by the DoD (RiskInsight). 

Some of the CMMC program key milestones are as follows:  

  1. In 2019, the DoD announced the development of the Cybersecurity Maturity Model Certification (CMMC) as a crucial step to enhance the cybersecurity posture of the Defense Industrial Base (DIB) sector against evolving threats. This initiative was conceived by the Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD(A&S)) to transition from a self-attestation model of security to a structured certification process (Federal Register). 
  1. On September 9, 2020, the DoD published the 48 CFR CMMC interim rule to the DFARS in the Federal Register (DFARS Case 2019-D041 85 FR 48513), which implemented the DoD’s initial vision for the CMMC program (“CMMC 1.0”) (DoDCIO, Federal Register).  This rule integrated requirements from the DFARS clause DFARS 252.204-7012, mandating defense contractors to implement NIST SP 800-171 controls to safeguard Covered Defense Information (CDI—Unclassified information specifically connected to defense contracts, programs, or operations), and report cyber incidents within 72 hours (Summit7). Additionally, it extended these obligations to subcontractors throughout the supply chain, introducing clauses like 252.204-7020 and 252.204-7021 that govern compliance with CMMC requirements and assessment methodologies. This shift formalized the CMMC certification process and emphasized the importance of protecting Controlled Unclassified Information (CUI), which is sensitive information that, while not classified, could still pose a risk to national security or other critical interests if improperly disclosed. 
  • CMMC 1.0 ensured that contractors handling CUI met a baseline cybersecurity standard and could respond quickly to cyber incidents. It required these contractors to obtain third-party CMMC certification through C3PAOs, marking a significant departure from the self-attestation approach under DFARS 252.204-7012.  The interim 48 CFR CMMC 1.0 rule became effective on November 30, 2020, marking the start of a phased rollout of CMMC requirements over five years (Federal Register, DoDCIO, CyberSheath, Acquisition.gov, LII / Legal Information Institute). 
  1.  In March 2021, the Department initiated an internal review of CMMC’s implementation, responding to approximately 750 public comments on the 48 CFR CMMC interim final rule. This review led to proposed updates, that would ensure the incorporation of the latest CMMC 2.0 requirements into the federal acquisition process. These updates were intended to provide clarity and enforce compliance, aligning cybersecurity requirements with the CMMC standards (Federal Register). 
  1. The DoD announced 32 CFR CMMC 2.0, on November 4, 2021. This revision aimed to simplify the certification structure to three levels and reduce the cost burden on small and medium-sized businesses (SMBs), while also aligning assessments with NIST standards and maintaining key protections outlined in DFARS 252.204-7012 (Summit7, DoDCIO, CyberSheath), The 32 CFR CMMC 2.0 Proposed Rule was subsequently published in the Federal Register on December 26, 2023 (DoD).  
  1. On June 27, 2024, the DoD submitted a draft of the 32 CFR CMMC 2.0 Final Rule to the Office of Information and Regulatory Affairs (OIRA), which is part of the standard rulemaking process, marking a key step toward the finalization of CMMC 2.0 (RiskInsight).    
  1. Additionally, on August 15, 2024, the DoD issued a Proposed Rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS), incorporating the latest CMMC 2.0 requirements (Arnold & Porter, Atlantic Digital). This amendment updates the existing requirements of DFARS 252.204-7021, which outlines the cybersecurity certification levels that contractors must achieve to handle sensitive defense information. This rule builds directly upon the requirements established in DFARS 252.204-7012.  It also aligns with 32 CFR 117.8, which specifies reporting requirements for contractors working with classified information. Both 32 CFR 117.8 and the DFARS regulations emphasize the importance of reporting security incidents and any material changes that could affect defense contracts. (National Archives, DoD).  Following its publication in the Federal Register, the Proposed Rule initiated a public comment period. Once this period concludes and revisions are implemented based on stakeholder feedback, the rule is expected to be finalized in early 2025, becoming enforceable and requiring all contractors to comply with the updated CMMC 2.0 standards to be eligible for DoD contracts. This proposed rule will also serve as an update to the 48 CFR, which governs the entire federal acquisition process, ensuring consistent alignment with cybersecurity requirements. 
  1. Finally, the 32 CFR CMMC 2.0 Final Rule was published on October 15, 2024, and will become effective on December 16, 2024. This rule mandates that contractors must be certified under CMMC 2.0 before they can bid on or be awarded defense contracts; thereby, enforcing the CMMC 2.0 requirements across the DIB. The phased rollout will facilitate a gradual compliance process for contractors, ultimately strengthening cybersecurity across the entire defense supply chain.  The full impact of the Final Rule is expected to manifest in early 2025 (Arnold & Porter, ECURON). 

In sum, the 48 CFR Final Rule, which includes the DFARS as a supplement to the Federal Acquisition Regulation, will enforce compliance through contractual obligations. In contrast, the 32 CFR Final Rule will outline the detailed cybersecurity practices contractors are required to adopt. This alignment between the DFARS and the 32 CFR Final Rule demonstrates the DoD’s concerted effort to integrate stringent cybersecurity controls and reporting protocols into defense contracts, ensuring that the entire defense supply chain is fortified against potential cybersecurity threats.

Conclusion

The timeline of the CMMC program reflects a critical evolution in the DoD’s approach to cybersecurity. The integration of the CMMC requirements into the federal acquisition process, as detailed in the Federal Register, underscores the importance of a structured, enforceable framework for protecting sensitive information. By mandating compliance and certification, the DoD is taking essential steps to enhance the cybersecurity posture of the Defense Industrial Base, ensuring that contractors are equipped to manage and mitigate potential threats effectively. To learn more about the CMMC timeline and its implications, visit the Atlantic Digital Blog or contact us for a consultation regarding your CMMC compliance needs.

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