[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Notices]
[Pages 47790-47791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17353]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2015-OS-0048]


Submission for OMB Review; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Defense has submitted to OMB for clearance, 
the following proposal for collection of information under the 
provisions of the Paperwork Reduction Act.

DATES: Consideration will be given to all comments received by August 
22, 2016.

FOR FURTHER INFORMATION CONTACT: Fred Licari, 571-372-0493.

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 Control Number 0704-0194.
    Type of Request: Reinstatement, with change, of a previously 
approved collection for which approval has expired.
    Number of Respondents: 6,851.
    Responses per Respondent: 1.
    Annual Responses: 6,851.
    Average Burden per Response: 1.5 hours.
    Annual Burden Hours: 4171.3 hours.

[[Page 47791]]

    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 business structures 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 or other for-profit; individuals or 
households; Not-for-profit institutions.
    Frequency: On occasion.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Ms. Jasmeet Seehra.
    Comments and recommendations on the proposed information collection 
should be emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at 
[email protected]. Please identify the proposed information 
collection by DoD Desk Officer and the Docket ID number and title of 
the information collection.
    You may also submit comments and recommendations, identified by 
Docket ID number and title, by the following method:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, Docket ID 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.
    DOD Clearance Officer: Mr. Frederick Licari.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Licari at WHS/ESD Directives Division, 4800 Mark 
Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.

    Dated: July 19, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-17353 Filed 7-21-16; 8:45 am]
 BILLING CODE 5001-06-P