In response to more than 850 public comments, the Department of Defense (“DOD”) has decided to significantly revamp the Cybersecurity Maturity Model Certification (“CMMC”) program. On November 4, 2021, DOD announced that it was replacing the current CMMC program with CMMC 2.0, which is expected to significantly reduce the regulatory burden on companies in the Defense Industrial Base (“DIB”). DOD made three significant changes through the new CMMC 2.0 program:
Reduces the number of CMMC levels. As we explained in earlier posts, CMMC 1.0 originally had five CMMC levels of ascending sophistication. CMMC 2.0 now only has three levels:
- CMMC 2.0 Level One: This level will apply to most DIB companies and requires compliance with 17 basic cyber hygiene practices.
- CMMC 2.0 Level Two: This level applies to DIB companies who will receive controlled unclassified information (“CUI”) and is expected to align with the requirements under NIST SP 800-171. Notably, DOD already requires most DIB companies receiving CUI to comply with NIST SP 800-171 through the cybersecurity DFARS clause 252.204-7012.
- CMMC 2.0 Level Three: DOD is still developing the requirements for this level, but we expect that this level will apply to only the most sensitive and high-risk DOD projects.