[Federal Register Volume 65, Number 186 (Monday, September 25, 2000)]
[Notices]
[Page 57594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24493]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Proposed Collection; Comment Request

AGENCY: Defense Security Service.

ACTION: Notice.

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    In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction 
Act of 1995, the Defense Security Service (DSS) announces the proposed 
continuation of a public information collection affecting cleared DoD 
contractors and seeks public comments on the provision thereof. 
Comments are invited on: (a) Whether the proposed collection shall have 
practical utility; (b) the accuracy of the agency's estimate of the 
burden of the information to be collected; and (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 November 
24, 2000.

ADDRESSES: Written comments and recommendations on the proposed 
information collection should be sent to Defense Security Service, 
Chief Operations Division, ATTN: Mr. Richard L. Lawhorn, 1340 Braddock 
Place, Alexandria, VA 22314-1650.

FOR FURTHER INFORMATION CONTACT: To request more information on this 
proposed data collection or obtain a copy of the proposal and 
associated collection instrument, please write to the above address, or 
call Defense Security Service, (703) 325-5327 or (703) 325-6050.
    Title, Associated Forms, 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 Standard Form (SF) 328) respectively; OMB No. 0704-0194.
    Needs and Uses: Executive Order (EO) 12829, ``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. EO 
12829 also authorizes the Executive Agent to issue, after consultation 
with affected agencies, standard forms that will promote the 
implementation of the NISP. The specific requirements necessary to 
protect classified information released to private industry are set 
forth in DoD 5200.22M, ``National Industrial Security Program Operating 
Manual (NISPOM); they must execute DD Form 441, ``Department of Defense 
Security Agreement'', which is the initial contract between industry 
and the government. 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 
agreements to branch offices of the contractor. 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 2-302b of the NISPOM.
    Affected Public: Business, University, Institution or other profit 
and non-profit organizations.
    Annual Burden Hours: 533.33-4,480
    Number of Respondents: 3,200
    Responses Per Respondent: 1-2
    Average Burden Per Respondent: DD Form 441: 14 minutes; DD Form 
441-1: 10 minutes; SF 328: 70 minutes (1 hr & 10 min); DD Form 441 and 
SF 328: 84 min (1 hr & 24 min).
    Frequency: One time and/or on occasion (e.g. initial facility 
clearance processing, when the respondent changes: name, organizational 
structure, moves; or upon request, etc.)

SUPPLEMENTARY INFORMATION:

Summary of Information Collection

    The execution of the DD Form 441, 441-1 and SF 328 is a factor in 
making a determination as to whether a contractor is eligible to have a 
facility security clearance and/or participate in the National 
Industrial Security Program (NISP). 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. DoD estimates the 
annual usage of the DD Form 441, 441-1 and SF 328 to be 3,200. In 
addition, the Department of Energy estimates the usage of the SF 328 to 
be 500 per year. NRC estimated that usage of the SF 328 is zero at this 
time. The form is authorized for local reproduction and will be 
available electronically on the World Wide Web. The forms will display 
OMB approval number 0704-0194.

Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 00-24493 Filed 9-22-00; 8:45 am]
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