Bylaws
Bylaws (As Revised May 28, 2025)
A. Primary Membership
B. Nominations for Government Representatives
C. Nomination Process for Non-government Representatives
D. Appointment
E. Term of Membership
F. NISPPAC Industry Spokesperson
G. Security Clearance
H. Compensation
I. Observers
A. General
B. Quorum
C. Open Meetings
D. Closed Meetings
E. Agenda
F. Conduct of Meetings
G. Minutes
H. Public Comment
I. Sub-Committee Meetings
A. Voting Eligibility
B. Voting Procedures
C. Reporting of Votes
Article 6. Committee Officers and Responsibilities
A. Chairman
B. Designated Federal Officer
C. Executive Secretary
D. Committee Staff
Article 8. Committee Expenses and Cost Accounting
Article 9. Amendment of Charter and Bylaws
Article 1. Purpose.
The purpose of the NISPPAC, hereinafter referred to as the Committee, is to advise the Director, Information Security Oversight Office (ISOO), hereinafter referred to as the Chairperson, on all matters concerning the policies of the National Industrial Security Program (NISP), including recommended changes to those policies; and to serve as a forum to discuss policy issues in dispute.
Article 2. Authority.
Executive Order 12829, "National Industrial Security Program," as amended, (the Order) establishes the Committee as an advisory committee acting through the Director, Information Security Oversight Office (ISOO), who serves as the Chairperson of the Committee, and who is responsible for implementing and monitoring the NISP, developing directives implementing the Order, reviewing agency implementing regulations, and overseeing agency and industry compliance. The framework for the Committee's membership, operations, and administration is set forth in the Order. The Committee is subject to the Federal Advisory Committee Act (FACA), the Freedom of Information Act (FOIA), and the Government in the Sunshine Act (GISA).
Article 3. Membership.
A. Primary Membership. The Order conveys to the Chairperson the authority to appoint all members. There will be 16 representatives, including the Chairperson, from executive branch departments and agencies most affected by the NISP and eight non-government representatives of contractors, licenses, or grantees involved with classified contracts, licenses, or grants, for a total of 24 voting members. At least one industry member shall represent small business concerns, and at least one industry member shall represent the Department of Energy/Nuclear Regulatory Commission contractors or licensees. An industry member serves as a representative of industry, not as a representative of their employing company or corporation. All members must comply with the following guidelines:
(1) Any federal employees who are appointed to the Committee must file a confidential financial disclosure report on an annual basis, with the National Archives and Records Administration (NARA) Office of General Counsel (NGC) starting before the date of their first participation in a Committee meeting.
(2) If the initial or annual financial disclosure is not received by the NGC by the established deadline, then the representative will be unable to continue serving in that capacity until the financial disclosure is received.
(3) For purposes of federal ethics law, the non-federal members of the Committee have been determined to be "representatives" rather than "special government employees.”
NARA will ensure the Committee’s non-federal composition does not violate President Obama’s June 18, 2010, Presidential Memorandum on “Lobbyists of Agency Boards and Commissions” 75 Fed. Reg. 35.955 (Directing “heads of executive departments and agencies not to make any new appointments or reappointments of federally registered lobbyists to advisory committees or other boards and commissions…”)
B. Nominations for Government Representatives. The Chairperson will solicit and accept formal nominations for Committee membership from the agency head or the Senior Agency Official (SAO) for the NISP, however, a person may not nominate themselves. If the nomination from the SAO for the NISP or agency head is not received by the Chairperson on or before the date of their first participation in a Committee meeting, then the representative will not be able to vote during the Committee meeting and will be unable to continue serving as a Committee member until the appropriate nomination is received.
C. Nomination Process for Non-government Representatives.
The Chairperson will solicit and accept formal nominations for Committee membership for non-government representatives through the Committee industry spokesperson designated in accordance with Article 3, paragraph E. They are responsible for ensuring the solicitation of nominations from the other non-government representatives on the Committee and from the governing boards of professional, trade and other organizations whose membership is substantially comprised of employees of business concerns involved with classified contracts, licenses, or grants. Although a non-government representative does not represent his or her employing company, the Chairperson will solicit the approval of the Chief Executive Officer or senior management official of that company to allow the nominated individual to serve on the Committee.
Each non-government Committee member and professional organization will be permitted to submit one nomination each to replace the two outgoing non-government Committee members whose terms end September 30 of that fiscal year (FY), or vacancies that occur during that FY but prior to September 30. Nominations from such professional, trade and other organizations must be endorsed by the board of the nominating organization. No such endorsement is necessary for nominations from the current Committee non-government members.
Nomination packages must include a resume, at minimum, and any other information that supports a nominee’s qualifications for non-government Committee membership.
The industry spokesperson will select a former non-government Committee representative to convene a panel comprised of all the current non-government Committee representatives and the chairpersons of the professional organizations which have submitted a nomination to review all the submitted nomination packages.
Each non-government Committee member is allowed a total of two votes; one for each individual they determine will best represent industry to replace the two outgoing non-government Committee members, but they must ensure alignment with the criteria established in paragraph 12 of the Committee charter for non-government members.
While non-government Committee members represent all of industry and do not represent their respective company organizations, nominees who are employed by a company that already has current representation on the Committee will not be considered.
The industry spokesperson will ensure the nomination process is completed to allow sufficient time to transition the two incoming non-government Committee members by October 1 of the new FY.
At the conclusion of the vote, the industry spokesperson will provide the Chairperson with a copy of all submitted nomination packages and an endorsement of the two nominees to the Chairperson for consideration.
The Chairperson will request management approval from the companies employing the two endorsed nominees for their participation on the Committee for a four-year period. If company management cannot approve participation of a nominee, that individual will no longer be considered for Committee membership. The Chairperson will request that the panel endorse a replacement nominee from the pool of submitted nominations.
The Chairperson is not obligated to select a panel-endorsed nominee. Such a determination by the Chairperson should only be under exceptional circumstances, with rationale provided to the industry spokesperson. Should this occur, the panel will reconvene to identify a replacement nominee for consideration.
D. Appointment. The Chairperson shall initially appoint all Committee members. Members are required to attend Committee meetings. A member may select one or more alternates, who may, with advance written notification to the Chairperson, and with the approval of the Chairperson, when the primary member is unable to attend, serve in place of the primary member at Committee meetings. Selected alternates shall have all the rights and authorities of the appointed primary member. If a member consistently misses meetings, the Chairperson may remove them as a member.
E. Term of Membership. The term of membership for Government representatives will conclude when they leave their current position, choose to no longer participate in the Committee, or are no longer a member by decision of the Chairperson. If their nomination letter states a term end date, a new letter is required to be provided prior to that term ending.
The term of membership for industry representatives is four years. The terms of industry representatives must be staggered so that the terms of two industry representatives are completed at the end of each FY. Industry representatives may not serve successive terms unless a representative served for a period of no longer than two years of the immediately preceding term. When a member is unable to serve their full term, or when, in the view of the Chairperson, a member has failed to meet their commitment to the Committee, a replacement will be selected in the same manner to complete the unexpired portion of that member's term. Each representative's term of membership will be conveyed by letter from the Chairperson.
F. NISPPAC Industry Spokesperson.
The industry spokesperson serves as the focal point representative to the Committee on behalf of the industrial base to coordinate collective points of view from the eight non-government Committee members on national security policy regulations. The industry spokesperson is responsible for representing the Committee non-government members at each Committee meeting, recommending to the Chairperson the addition or deletion of Committee working groups (WGs), and assigning and recommending industry leads and subject matter experts for Committee WGs.
The industry spokesperson is selected from among the eight current non-government members and nominated to the Chairperson for consideration and approval. An annual vote is required to determine who will be the industry spokesperson. There is no term limit for this position. The spokesperson is expected to be flexible for attendance at impromptu government meetings where industry representation is required. The spokesperson engages with various facets of industry, to include governing boards of professional, trade and other organizations whose membership is substantially comprised of employees of business concerns involved with classified contracts, licenses, or grants.
G. Security Clearance. If it becomes necessary to hold a classified meeting, members and those in attendance must possess a current security clearance at or above the level of the meeting’s classification.
Clearance certification shall be provided in advance of the meeting to the Chairperson by the employing agency or company. ISOO and NARA’s Security Management Division will verify that members have been approved for access to classified national security information and ensure that classified information utilized in association with a Committee meeting is managed in accordance with national policy (i.e., E.O. 13526, “Classified National Security Information”).
H. Compensation. Federal Government employees serving on the Committee are not eligible for any form of compensation. If appropriated funds are available, the Government may pay travel and per diem for industry members at a rate equivalent to that allowable to Federal Government employees. Industry members will submit travel vouchers to the Executive Secretary within 15 days after each meeting.
I. Observers. Any NISP participating organization (industry or Government) may send observers to attend meetings of the Committee. Such observers will have no voting authority and will be subject to the same restrictions on oral presentations as any member of the public. As determined by the Chairperson, observers may be permitted to attend closed meetings. Industry observers will not be eligible for travel or per diem compensation.
Article 4. Meetings.
A. General. The Committee will meet at least twice each calendar year as called by the Chairperson. As the situation permits, the Executive Secretary will assess the membership in advance of the scheduling of meetings to facilitate attendance by the largest number of members. The Chairperson will also call a meeting when requested by a majority of the Government members or alternates and a majority of the eight industry members. The Chairperson will set the time and place for meetings and will publish a notice in the Federal Register at least 15 calendar days prior to each meeting.
B. Quorum. . Committee meetings will be held only when a quorum is present. In this instance, a quorum requires the presence of at least a majority of the current members of the Board and shall not be fewer than three members of the government members and three of the industry members.
C. Open Meetings.
Unless otherwise determined in advance, all meetings of the Committee will be open to the public. Once an open meeting has begun, it shall not be closed for any reason. All matters brought before or presented to the Committee during the conduct of an open meeting, including the minutes of the proceedings of an open meeting, shall be available to the public for review or copying.
If, during an open meeting, matters inappropriate for public disclosure arise during discussions, the Chairperson will order such discussion to cease, and shall schedule such discussions for a closed session.
D. Closed Meetings. Meetings of the Committee will be closed only in limited circumstances and in accordance with applicable law. When the Chairperson has decided in advance that discussions during a Committee meeting will involve matters about which public disclosure would be harmful to the interests of the Government, industry, or others, an advance notice of a closed meeting, citing the applicable exemptions of GISA, will be published in the Federal Register. The notice may announce the full or partial closing of a meeting. Notices of closed meetings will be published in the Federal Register at least 15 calendar days in advance.
E. Agenda. The Chairperson will approve the agenda for all meetings, and the final agenda will be provided to the members prior to each meeting. Suggested items for the agenda may be submitted to the Chairperson by any regular or alternate member of the Committee. Items may also be suggested by non-members, including members of the public. To the extent possible, all written recommendations for the NISP or National Industrial Security Program Operating Manual policy changes, whether they are placed on the agenda, will be provided to the Committee membership prior to the start of any scheduled meeting. The Chairperson will advise the party making the recommendation what action was taken or is pending.
F. Conduct of Meetings. Meetings will be called to order by the Chairperson. The Designated Federal Officer (DFO) will take roll call and reference the certified minutes of the previous meeting. The Chairperson will open the meeting. The DFO will provide announcements, ask for reports from subgroups or individual members (as previously arranged), open discussion of unfinished business, introduce new business, and invite membership comments on that business. Public comment and questions may be provided verbally or through written communication at any time during the meeting. Upon completion of the Committee's business, as agreed upon by the members present, the meeting will be adjourned by the Chairperson.
G. Minutes. The Committee's DFO shall prepare minutes of each meeting, which will be certified by the Chairperson within 90 calendar days. The agenda, minutes, attendee list, and presentations will be consolidated into a single “NISPPAC Meeting Report”, posted on the ISOO website at https://www.archives.gov/isoo/oversight-groups/nisppac/committee.html, and will be accessible to the public. Copies of the meeting report will also be distributed to all Committee members and speakers once finalized. The minutes will include the time, date, and place of the Committee meeting, a list of the persons who were present at the meeting, including the names of committee members and staff, agency employees, and members of the public who presented oral or written statements, an accurate description of the each matter discussed and the resolution, if any, made by the Committee regarding such matters, copies of each report received, issued or approved by the Committee at the meeting.
H. Public Comment. Members of the public may attend any meeting, or a portion(s) of a meeting, that is not closed to the public, and may at the determination of the Chairman, offer public comment during a meeting. The meeting announcement published in the Federal Register may note that oral comment from the public is excluded and in such circumstances invite written comment as an alternative. Also, members of the public may submit written statements to the Committee at any time.
I. Sub-committee Meetings. The Chairperson may establish a sub-committee(s), to include sub-groups or WGs. The Industry lead as determined by the Industry Spokesperson for each working group is responsible for approving industry attendees that are not currently Committee members. The DFO will be responsible for approving government attendees that are not currently Committee members. Each sub-committee/WG will brief the members of the Committee on its work, and any recommendations of a sub-committee/WG shall be presented to the Committee for deliberation.
Article 5. Voting.
When a decision or recommendation of the Committee is required, it will be annotated on the agenda for awareness. The Chairperson will then request a motion for a vote during the public meeting. Any member or approved alternate of the Committee, including the Chairperson, may make a motion for a vote. No second motion after a proper motion shall be required to bring any issue to a vote.
A. Voting Eligibility. Only the Chairperson and the appointed members, or their designated alternates, may vote on an issue before the Committee.
B. Voting Procedures. Votes shall ordinarily be taken verbally, in writing, or tabulated by a show of hands. Results of votes will be annotated in the meeting minutes.
C. Reporting of Votes.
The Chairperson will report to the President, Executive Agent of the NISP, or other Government officials the results of Committee voting that pertain to the responsibilities of that official. In reporting or using the results of Committee voting, the following terms shall apply:
(1) Unanimous Decision. Results when every voting member, except abstentions, are in favor of, or opposed to, a particular motion;
(2) Government and Industry Consensus. Results when two-thirds of those voting, including two-thirds of all Government members and two-thirds of all industry members, are in favor of, or are opposed to, a particular motion;
(3) General Consensus. Results when two-thirds of the total vote cast are in favor of, or are opposed to, a particular motion;
(4) Government and Industry Majority. Results when the majority of the votes cast, including a majority of all Government members and a majority of all industry members, are in favor of or are opposed to a particular motion;
(5) General Majority. Results when a majority of the total votes cast are in favor of or are opposed to a particular motion.
Article 6. Committee Officers and Responsibilities.
A. Chairman. As established by the Order, the Committee Chairperson is the Director, ISOO. The Chairperson will: (1) call meetings of the full Committee; (2) set the meeting agenda; (3) determine a quorum; (4) open, preside over and adjourn meetings; and (5) certify meeting minutes.
B. Designated Federal Officer. The FACA requires each advisory committee to have a DFO and an alternate, one of whom must be present for all meetings. The Industrial Security Program Manager, ISOO, is the DFO for the Committee. The alternate DFO is one of ISOO’s Committee staff. Any meeting held without the DFO or alternate present will be considered as a sub-committee/WG meeting.
C. Executive Secretary. The Executive Secretary shall be a member of the staff of the ISOO and shall be responsible for: (1) notifying members of the time and place for each meeting; (2) recording the proceedings of all meetings, including subgroups or working group activities that are presented to the full Committee; (3) maintaining the roll; (4) preparing the minutes of all meetings of the full Committee, including subgroups and working group activities that are presented to the full Committee; (5) attending to official correspondence; (6) maintaining official Committee records and filing all papers and submissions to the Committee, including those items generated by subgroups and working groups; (7) acting as Committee Treasurer to collect, validate and pay all vouchers for preapproved expenditures presented to the Committee; (8) preparing a yearly financial report; and (9) preparing and filing the annual Committee report as required by the FACA.
D. Committee Staff. The staff of the ISOO shall serve as the Committee staff on an as needed basis and shall provide all services normally performed by such staff, including assistance in the fulfilling of the functions of the Executive Secretary.
Article 7. Documents.
Documents presented to the Committee by any method at any time, including those distributed during a meeting, are part of the official Committee files, and become agency records within the meaning of the FOIA, and are subject to the provisions of that Act. Documents originating with agencies of the Federal Government shall remain under the primary control of such agencies and will be on loan to the Committee. Any FOIA request for access to documents originating with any agency shall be referred to that agency. Documents originating with industry that have been submitted to the Committee during its official business shall also be subject to request for access under FOIA. Proprietary information that may be contained within such documents should be clearly identified at the time of submission.
Article 8. Committee Expenses and Cost Accounting.
Committee expenses, including travel and per diem of non-Government members, will be borne by ISOO if appropriated funds are available for these expenditures. Cost accounting will be performed by the Committee's Executive Secretary. Expenditures by the Committee or any subgroup or working group must be approved in advance by the Chairperson or the Executive Secretary.
Article 9. Amendment of Charter and Bylaws.
Amendments to the Charter and Bylaws of the Committee must conform to the requirements of the FACA and the Order and be agreed to by two-thirds of the Government members or alternates and two-thirds of the eight industry members or alternates. Confirmed receipt of notification to all Committee members must be completed before any vote is taken to amend either the Charter or Bylaws.