[Federal Register Volume 64, Number 203 (Thursday, October 21, 1999)]
[Proposed Rules]
[Pages 56724-56725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27277]


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DEPARTMENT OF DEFENSE

48 CFR Parts 204 and 252

[DFARS Case 99-D015]


Defense Federal Acquisition Regulation Supplement; Disclosure of 
Information

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation supplement (DFARS) to narrow the 
circumstances under which contractors must obtain contracting officer 
approval for release of unclassified information to the public. The 
amendments are expected to streamline the current approval process.

DATES: Comments on the proposed rule should be submitted in writing to 
the address specified below on or before December 20, 1999, to be 
considered in the formation of the final rule.

ADDRESSES: Interested parties should submit written comments on the 
proposed rule to: Defense Acquisition Regulations Council, Attn: Ms. 
Melissa Rider, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062. Telefax (703) 602-0350. Please cite DFARS 
Case 99-D015.
    E-mail comments submitted over the Internet should be addressed to: 
[email protected].

[[Page 56725]]

    Please cite DFARS Case 99-D015 in all correspondence related to 
this issue. E-mail correspondence should cite DFARS Case 99-D015 in the 
subject line.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, (703) 602-4245. 
Please cite DFARS Case 99-D015.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule adds a new subpart to the DFARS and revises the 
existing clause at DFARS 252.204-7000 to narrow the circumstances under 
which contractors must obtain contracting officer approval for release 
of unclassified information outside the contractor's organization. The 
clause at DFARS 252.204-7000 presently requires contractors to obtain 
approval from the contracting officer prior to release of any 
unclassified information related to the contract. This rule proposes 
amendments to the clause to limit the applicability of the approval 
requirement to unclassified information that may be sensitive and 
inappropriate for release to the public. In addition, the rule adds a 
third exception to the approval requirement, to exclude from the 
requirement information that must be disclosed to a subcontractor or 
prospective subcontractor for performance of its subcontract. The rule 
also moves the clause prescription from its present location at DFARS 
204.404-70 to a new subpart at DFARS 204.7X, and adds guidance to the 
contracting officer related to processing contractor requests for 
release of information.

B. Regulatory Flexibility Act

    The proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
pertains only to the administrative procedures for submission and 
approval of contractor requests for release of information to the 
public. Therefore, an initial regulatory flexibility analysis has not 
been performed. Comments are invited from small businesses and other 
interested parties. Comments from small entities concerning the 
affected DFARS subparts also will be considered in accordance with 5 
U.S.C. 610. Such comments should be submitted separately and should 
cite DFARS Case 99-D015 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Parts 204 and 252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 204 and 252 are proposed to be amended as 
follows:
    1. The authority citation for 48 CFR Parts 204 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 204--ADMINISTRATIVE MATTERS


204.404-70  [Amended]

    2. Section 204.404-70 is amended by removing paragraph (a) and 
redesignating paragraphs (b) and (c) as paragraphs (a) and (b), 
respectively.
    3. Subpart 204.7X is added to read as follows:

Subpart 204.7X--Safeguarding Sensitive Information

Sec.
204.7X01  Disclosure of information.
204.7X02  Contract clause.


204.7X01  Disclosure of information.

    If a contractor submits a request for approval to release 
information in accordance with the clause at 252.204-7000, Disclosure 
of Information--
    (a) Obtain a decision from the appropriate authority regarding the 
suitability of the information for release in accordance with agency 
procedures; and
    (b) Notify the contractor of approval or disapproval for release of 
the information within 45 days of receipt of the contractor's request.


204.7X02  Contract clause.

    (a) Use the clause at 252.204-7000, Disclosure of Information, in 
solicitations and contracts when--
    (1) The contractor will have access to or generate unclassified 
information that may be sensitive and inappropriate for release to the 
public; and
    (2) The solicitation or contract does not include the clause at FAR 
52.204-2, Security Requirements.
    (b) Use of the clause at 252.204-7000 does not eliminate the 
requirements for use of the clauses at FAR 52.224-1, Privacy Act 
Notification, and FAR 52.244-2, Privacy Act, in accordance with the 
prescriptions at FAR 24.104.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 252.204-7000 is revised to read as follows:


252.204-7000  Disclosure of information.

    As prescribed in 204.7X02, use the following clause:

Disclosure of Information (XXX 1999)

    (a) The Contractor shall not release to anyone outside the 
Contractor's organization any unclassified information that may be 
sensitive and inappropriate for release to the public, regardless of 
medium (e.g., film, tape, paper, electronic), that is generated 
under the contract or to which the Contractor has been given access 
under the contract, unless--
    (1) The Contracting Officer has given prior written approval;
    (2) The information is otherwise in the public domain before the 
date of release; or
    (3) The information must be disclosed to a subcontractor or 
prospective subcontractor for performance of its subcontract.
    (b) Requests for approval shall identify the specific 
information to be released, the medium to be used, and the purpose 
for the release. The Contractor shall submit its requests to the 
Contracting Officer at least 45 days before the proposed release 
date.
    (c) The Contractor shall include a similar requirement in each 
subcontract under this contract. Subcontractors shall submit 
requests for authorization to release through the prime contractor 
to the Contracting Officer.

(End of clause)


252.204-7003  [Amended]

    5. Section 252.204-7003 is amended in the introductory text by 
removing the reference ``204.404-70(b)'' and adding in its place the 
reference ``204.404-70(a)''.


252.204-7005  [Amended]

    6. Section 252.204-7005 is amended in the introductory text by 
removing the reference ``204.404-70(c)'' and adding in its place the 
reference ``204.404-70(b)''.

[FR Doc. 99-27277 Filed 10-20-99; 8:45 am]
BILLING CODE 5000-04-M