[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Notices]
[Pages 44653-44654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22287]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Proposed Collection; Comment Request

AGENCY: Defense Investigative Service, DOD.

ACTION: Notice.

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    In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction 
Act of 1995, the Defense Investigative Service announces the proposed 
continuation of a public information collection affecting cleared 
Department of Defense contractors and seeks public comment on the 
provisions thereof. Comments are invited on: (a) Whether the proposed 
collection of information 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 proposed information collection; (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 October 
21, 1997.

ADDRESSES: Written comments and recommendations on the proposed 
information collection should be sent to Defense Investigative Service, 
Policy Directorate, ATTN: Mr. Stephen F. Lewis, 1340 Braddock Place, 
Alexandria, VA 22314-1651.

FOR FURTHER INFORMATION CONTACT:

To request more information on this proposed information collection or 
to obtain a copy of the proposal and associated collection instruments, 
please write to the above address, or call Defense Investigative 
Service at (703) 325-6034.
    Title; Associated Forms; and OMB Number: Department of Defense 
Security Agreement, the Appendage to the Security Agreement, and 
Certificate Pertaining to Foreign Interest; DD Forms 441, 441-1, and DD 
Form 441S (to be converted to Standard Form); OMB No. 0704-0194.
    Needs and Uses: Executive Order 12829 stipulates that the Secretary 
of Defense shall serve as the Executive Agent for inspecting and 
monitoring the contractors, licensees and grantees who require access 
to classified information and for determining eligibility for access to 
classified information. The specific requirements necessary to protect 
classified information released to private industry are set for the DoD 
5200.22-M, ``National Industrial Security Program (NISP), they 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 the requirements outlined in DoD 
5220.22-M. The DD Form 441-1, ``Appendage to the Department of Defense 
Agreement,'' is used to extend the agreement to separately located 
branches and offices of the contractor. DD Form 441S, ``Certificate 
Pertaining to Foreign Interests,'' must be submitted to provide 
certification regarding elements of Foreign Ownership, Control, and 
Influence (FOCI) as stipulated in paragraph 2-302b of the NISPOM.
    Affected Public: Business or other for profit.
    Annual Burden Hours: 3,735.
    Number of Respondents: 6,225.
    Responses per Respondent: 1.
    Average Burden per Response: 36 minutes.
    Frequency: On occasion; one time and when the respondent changes 
name, organizational structure, or moves.

SUPPLEMENTARY INFORMATION:

Summary of Information Collection

    The execution of the DD Forms 441, 441-1, and 441S (SF X322 
(Draft)) is a factor in making a determination as to whether a 
contractor is eligible to have a facility security clearance. It is 
also the legal basis for imposing NISP security requirements on 
eligible contractors. These requirements are necessary in

[[Page 44654]]

order to preserve and maintain the security of the United States 
through establishing standards to prevent the improper disclosure of 
classified information.

Conversion of DD Form 441S to Standard Form

    The form is required of all contractors being processed by the 
Department of Defense, Department of Energy, Nuclear Regulatory 
Commission, and the Central Intelligence Agency for security 
clearances. Contractors must submit the form to provide certification 
regarding elements of Foreign Ownership, Control, and Influence (FOCI) 
as stipulated in paragraph 2-302b of the NISPOM. Cleared contractors 
are required to update the form every five years. The proposed Standard 
Form, SF X322 (Draft), will replace the existing DD Form 441S and will 
implement the specific requirements of the January 1995 NISPOM. The 
proposed Standard Form is identical to the current DD Form 441S. 
Obligation for use is mandatory. DoD has estimated annual usage to be 
approximately 1,100 per year. The DoD anticipates usage of 
approximately 1,500 forms for the first year and about 500 in 
succeeding years. NRC advises that usage of the form will be less than 
twenty-five per year. CIA usage will be approximately 5,000 per year. 
The form is authorized for local reproduction and will be available 
electronically on the World Wide Web. The form will display OMB 
approval number 0704-0194 and will be effective upon GSA approval for 
conversion.

    Dated: August 18, 1997.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Office, Department of Defense.
[FR Doc. 97-22287 Filed 8-21-97; 8:45 am]
BILLING CODE 5000-04-M