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[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 70976-70977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29531]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2011-OS-0125]

Proposed Collection; Comment Request

AGENCY: Defense Security Service, DoD.

ACTION: Notice.

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SUMMARY: In compliance with Section 3506 (c) (2) (A) of the Paperwork 
Reduction Act of 1995, the Defense Security Service (DSS) announces the 
proposed extension of a public information collection and seeks public 
comments on the provision thereof. Comments are invited on: (a) Whether 
the proposed collection is necessary for the proper performance of the 
functions of the agency, including whether the information 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 January 
17, 2012.

ADDRESS: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal Rule Making Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, 2nd Floor, East Tower, Suite 02G09, Alexandria, VA 22350-
3100.
    Instructions: All submissions received must include agency name, 
docket number and title for this Federal Register document. The general 
policy of 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 contract information.

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 Defense Security 
Service, OCIO, Attn: Mr. Prakash Kollaram, Russell-Knox Building, 27130 
Telegraph Road, Quantico, VA 22134-2253, or call Defense Security 
Service at (571) 305-6445.
    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 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

[[Page 70977]]

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 5220.22-M, ``National Industrial Security Program 
Operating Manual (NISPOM),'' dated February 28, 2006. 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 
5220.22-M. 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 businesses 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 profit and non-profit 
organizations under Department of Defense Security Cognizance.
    Total Annual Burden Hours: 12,246.
    Number of Respondents: 4,128.
    Responses per Respondent: 2.
    Average Burden Hours per Respondent: 1.5.
    Frequency: One time and/or on occasion (e.g. initial facility 
clearance processing, when the respondent changes: Name, organizational 
structure, or address; or there is a material change pertaining to its 
Foreign Ownership, Control or Influence, 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: November 10, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-29531 Filed 11-15-11; 8:45 am]
BILLING CODE 5001-06-P
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