[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Rules and Regulations]
[Pages 12138-12139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06253]

[[Page 12138]]



Defense Acquisition Regulations System

48 CFR Parts 204 and 252

[Docket DARS-2019-0014]
RIN 0750-AK41

Defense Federal Acquisition Regulation Supplement: Repeal of 
DFARS Clause ``Oral Attestation of Security Responsibilities'' (DFARS 
Case 2019-D006)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove a clause that is no 
longer necessary.

DATES: Effective April 1, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-


I. Background

    DoD is amending the DFARS to remove DFARS clause 252.204-7005, Oral 
Attestation of Security Responsibilities, and the associated clause 
prescription at DFARS 204.404-70. This clause is included in 
solicitations and contracts when the contractor may require access to 
classified information and requires certain cleared contractor 
employees to attest orally that they will conform to requisite security 
responsibilities by reading aloud the first paragraph of Standard Form 
312, Classified Information Nondisclosure Agreement, in the presence of 
a person designated by the contractor and a witness. The purpose of 
this clause was to make individuals more aware of the significance of 
the access being granted to them. Upon further review, DoD subject 
matter experts determined that the clause is not necessary to safeguard 
classified information in industry. In addition, the Industrial 
Security Regulation and National Industrial Security Program Operating 
Manual contain the requisite policies and procedures to safeguard 
Government classified information released to contractors, licensees, 
and grantees of the Government. Neither of these documents require 
contractor employees to attest orally to their security 
responsibilities, as required by the clause. As such, this DFARS clause 
is no longer necessary and can be removed.
    The removal of this DFARS text supports a recommendation from the 
DoD Regulatory Reform Task Force. On February 24, 2017, the President 
signed Executive Order (E.O.) 13777, ``Enforcing the Regulatory Reform 
Agenda,'' which established a Federal policy ``to alleviate unnecessary 
regulatory burdens'' on the American people. In accordance with E.O. 
13777, DoD established a Regulatory Reform Task Force to review and 
validate DoD regulations, including the DFARS. A public notice of the 
establishment of the DFARS Subgroup to the DoD Regulatory Reform Task 
Force, for the purpose of reviewing DFARS provisions and clauses, was 
published in the Federal Register at 82 FR 35741 on August 1, 2017, and 
requested public input. No public comments were received on this 
clause. The DoD Task Force reviewed the requirements of DFARS clause 
252.204-7005, Oral Attestation of Security Responsibilities, and 
determined that the DFARS coverage was unnecessary and recommended 

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule only removes obsolete DFARS clause 252.204-7005, Oral 
Attestation of Security Responsibilities. The rule does not impose any 
new requirements on contracts at or below the simplified acquisition 
threshold and for commercial items, including commercially available 
off-the-shelf items.

III. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is Office of Federal Procurement Policy 
statute (codified at title 41 of the United States Code). Specifically, 
41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, 
procedure or form (including an amendment or modification thereof) must 
be published for public comment if it relates to the expenditure of 
appropriated funds, and has either a significant effect beyond the 
internal operating procedures of the agency issuing the policy, 
regulation, procedure, or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment, because DoD is not 
issuing a new regulation; rather, this rule is merely removing an 
obsolete clause from the DFARS.

IV. Executive Orders 12866 and 13563

    Executive Order (E.O.) 12866, Regulatory Planning and Review; and 
E.O. 13563, Improving Regulation and Regulatory Review, direct agencies 
to assess all costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. The Office of Management and Budget, Office of Information 
and Regulatory Affairs, has determined that this is not a significant 
regulatory action as defined under section 3(f) of E.O. 12866 and, 
therefore, was not subject to review under section 6(b). This rule is 
not a major rule as defined at 5 U.S.C. 804(2).

V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required, and none has been prepared.

VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 204 and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 204 and 252 are amended as follows:

1. The authority citation for 48 CFR parts 204 and 252 continues to 
read as follows:

[[Page 12139]]

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.


204.404-70   [Amended]

2. Amend section 204.404-70 by removing paragraph (c).


252.204-7005   [Removed and Reserved]

3. Remove and reserve section 252.204-7005.

[FR Doc. 2019-06253 Filed 3-29-19; 8:45 am]