[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]]
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DEPARTMENT OF DEFENSE
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
(DoD).
ACTION: Final rule.
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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-
6093.
SUPPLEMENTARY INFORMATION:
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
removal.
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:
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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.
PART 204--ADMINISTRATIVE MATTERS
204.404-70 [Amended]
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2. Amend section 204.404-70 by removing paragraph (c).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.204-7005 [Removed and Reserved]
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3. Remove and reserve section 252.204-7005.
[FR Doc. 2019-06253 Filed 3-29-19; 8:45 am]
BILLING CODE 5001-06-P