80 FR 27938 - Proposed Collection; Comment Request

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 94 (May 15, 2015)

In compliance with the Paperwork Reduction Act of 1995, the Defense Security Service (DSS) announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Notices]
[Pages 27938-27939]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11671]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2015-OS-0048]


Proposed Collection; Comment Request

AGENCY: Defense Security Service (DSS), DoD.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the 
Defense Security Service (DSS) announces a proposed public information 
collection and seeks public comment on the provisions thereof. Comments 
are invited on: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; (b) the 
accuracy of the agency's estimate of the burden of the proposed 
information collection; (c) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (d) ways to minimize 
the burden of the information collection on respondents, including 
through the use of automated collection techniques or other forms of 
information technology.

DATES: Consideration will be given to all comments received by July 14, 
2015.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information. Any 
associated form(s) for this collection may be located within this same 
electronic docket and downloaded for review/testing. Follow the 
instructions at http://www.regulations.gov for submitting comments. 
Please submit comments on any given form identified by docket number, 
form number, and title.

FOR FURTHER INFORMATION CONTACT: To request more information on this 
proposed information collection or to obtain a copy of the proposal and 
associated collection instruments, please write to the Defense Security 
Service, ATTN: Mr. Robert C. Morton, OCIO, Russell-Knox Building, 27130 
Telegraph Road, Quantico, VA 22134-2253, or call Defense Security 
Service, (571) 305-6442.

SUPPLEMENTARY INFORMATION:
    Title; Associated Form; and OMB Number: ``Department of Defense 
Security Agreement,'' ``Appendage to Department of Defense Security 
Agreement,'' ``Certificate Pertaining to Foreign Interests;'' DD Forms, 
441, 441-1 and SF 328; OMB No. 0704-0194.
    Needs and Uses: Executive Order (EO) 12829 as amended, ``National 
Industrial Security Program (NISP),'' stipulates that the Secretary of 
Defense shall serve as the Executive Agent for inspecting and 
monitoring the contractors, licensees, and grantees who require or will 
require access, to or who store or will store classified information; 
and for determining the eligibility for access to classified 
information of contractors, licensees, and grantees and their 
respective employees. The specific requirements necessary to protect 
classified information released to private industry are set forth in 
Department of Defense (DoD) 5220.22M, ``National Industrial Security 
Program Operating Manual (NISPOM),'' dated February 28, 2006 as amended 
by Conforming Change 1, dated March 28, 2013. These forms are mandated 
in the Industrial Security Regulation DoD 5220.22-R dated December 1985 
as amended, DoD 5220.22--NISP Volume 3, dated April 17, 2014 and The 
Federal Acquisition Regulation. Respondents must execute DD Form 441, 
``Department of Defense Security Agreement,'' which is the initial 
agreement between the contractor and the government regarding security 
requirements necessary to protect classified information associated 
with the contract. This legally binding document details the 
responsibility of both parties and obligates the contractor to fulfill 
the requirements outlined in DoD 5220.22M. The DD Form 441-1, 
``Appendage to Department of Defense Security Agreement,'' is used to 
extend the agreement to branch offices of the contractor. The SF Form 
328, ``Certificate Pertaining to Foreign Interests,'' must be submitted 
to provide certification regarding elements of Foreign Ownership, 
Control or Influence (FOCI) as stipulated in paragraph 2-302 of the 
NISPOM.
    DSS proposes to make changes to the DD Form 441 and SF 328. The 
requirement for execution of the corporate ``Certificate'' section and 
the use of a corporate seal is being deleted. Currently the government 
does not require all corporations to execute the corporate Certificate 
portion of the Forms. Only those corporations who are in possession of 
a seal were being required to execute the Certificate. Corporations 
that do not have a seal and other types of businesses structures

[[Page 27939]]

such as limited liability companies, partnership and sole proprietors 
are only required to have the signing of the agreement witnessed. DSS 
proposes that a witness is sufficient for all companies whether or not 
they are a corporation.
    Affected Public: Business, other profit, and non-profit 
organizations under DoD Security Cognizance.
    DD 441 Total Annual Burden Hours: 698.13.
    DD Form 441 Number of Respondents: 2,992.
    Total DD Form 441 Responses: 2,992.
    Average Burden Hours per Respondent: 14 minutes.
    Number of Responses per Respondent: 1.

    DD Form 441-1 Total Annual Burden Hours: 171.5.
    Total DD Form 441-1 Respondents: 1,029.
    Total DD Form 441-1 Responses: 1,029.
    Average Burden Hours per Respondent: 10 minutes.
    Number of Responses per Respondent: 1.

    SF 328 Total Annual Burden Hours: 3,301.67.
    Total SF 328 Respondents: 2,830.
    Total SF 328 Responses: 2,830.
    Averge Burden Hours per Respondent: 1 hour 10 minutes or 70 
MINUTES.
    Number of Responses per Respondent: 1.

    Combined Total Number of Respondents: 6,851.
    Combined Total Number of Responses: 6,851.
    Combined Total Burden Hours: 4,171.3.
    Combined Total Burden Hours per Respondent: 1.5 or 94 minutes.
    Frequency: On occasion.
    The execution of the DD Form 441, 441-1 and SF 328 is a factor in 
making a determination as to whether a contractor company is eligible 
to have a facility security clearance. It is also a legal basis for 
imposing NISP security requirements on eligible contractors. These 
requirements are necessary in order to preserve and maintain the 
security of the United States through establishing standards to prevent 
the improper disclosure of classified information.

    Dated: May 11, 2015.

Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-11671 Filed 5-14-15; 8:45 am]
 BILLING CODE 5001-06-P