[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Notices]
[Pages 9812-9813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4566]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Proposed Collection; Comment Request

AGENCY: Department of Defense, 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; (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 April 
29, 2004.

ADDRESSES: Written comments and recommendations on the proposed 
information collection should be sent to Defense Security Service, 
Chief Program Integration Branch, 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.
    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; 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. 
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)''; Respondents 
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 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. SF Form 328, ``Certificate

[[Page 9813]]

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, or profit and non-profit organizations.
    Total Annual Burden Hours: 9,107.75.
    Number of Respondents: 3,070.
    Responses Per Respondent: 2.
    Average Burden Per Respondent: 1.5.
    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. 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: February 24, 2004.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-4566 Filed 3-1-04; 8:45 am]
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