99-7137. Defense Federal Acquisition Regulation Supplement; Oral Attestation of Security Responsibilities

[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Proposed Rules]
[Page 14424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7137]



[[Page 14424]]

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DEPARTMENT OF DEFENSE

48 CFR Parts 204 and 252

[DFARS Case 99-D006]


Defense Federal Acquisition Regulation Supplement; Oral 
Attestation of Security Responsibilities

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation Supplement (DFARS) to add a 
requirement for contractor employees that are cleared for access to 
certain classified information to attest orally that they will comply 
with the security requirements associated with the information.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before May 24, 1999, to be considered in 
the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments on the 
proposed rule to: Defense Acquisition Regulations Council, Attn: Ms. 
Melissa Rider, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062. Telefax [phone].
    E-mail comments submitted over the Internet should be addressed to: 
[e-mail]
    Please cite DFARS Case 99-D006 in all correspondence related to 
this issue. E-mail comments should cite DFARS Case 99-D006 in the 
subject line.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, [phone].

SUPPLEMENTARY INFORMATION: 

A. Background

    This rule proposes amendments to the DFARS to add a new clause for 
use in contracts requiring access to classified information. The new 
clause would require contractor employees that are cleared for access 
to information designated as Top Secret, Special Access Program, or 
Special Compartmented Information to attest orally that they will 
conform to the conditions and responsibilities imposed by law or 
regulation on those granted access to such information.

B. Regulatory Flexibility Act

    The proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act 5 U.S.C. 601, et seq., because the 
conditions and responsibilities that are the subject of the oral 
attestation are conditions and responsibilities that already are placed 
on individuals granted access to classified information. To satisfy the 
requirement for oral attestation, the rule permits reading aloud from a 
form that the individual already is required to sign. Therefore, an 
initial regulatory flexibility analysis has not been performed. 
Comments are invited from small businesses and other interested 
parties. Comments from small entities concerning the affected DFARS 
subparts also will be considered in accordance with 5 U.S.C. 610. Such 
comments should be submitted separately and should cite DFARS Case 99-
D006 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
rule does not impose any information collection requirements that 
require the approval of the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 204 and 252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 204 and 252 are proposed to be amended as 
follows:
    1. The authority citation for 48 CFR Parts 204 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 204--ADMINISTRATIVE MATTERS

    2. Section 204.404-70 is amended by adding paragraph (c) to read as 
follows:


204.404-70  Additional contract clauses.

* * * * *
    (c) Use the clause at 252.204-7XXX, Oral Attestation of Security 
Responsibilities, in solicitations and contracts that include the 
clause at FAR 52.204-2, Security Requirements.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.204-7XXX is added to read as follows:


252.204-7XXX  Oral Attestation of Security Responsibilities.

    As prescribed in 204.404-70(c), use the following clause:

ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (XXX 19XX)

    (a) Contractor employees cleared for access to Top Secret (TS), 
Special Access Program (SAP), or Special Compartmented Information 
(SCI) shall attest orally that they will conform to the conditions 
and responsibilities imposed by law or regulation on those granted 
access. Reading aloud the first paragraph of the Standard Form 312, 
Classified Information Nondisclosure Agreement, in the presence of a 
person designated by the Contractor for this purpose, and a witness, 
will satisfy this requirement. Contractor employees currently 
cleared for access to TS, SAP, or SCI may attest orally to their 
security responsibilities when being briefed into a new program or 
during their annual refresher briefing. There is no requirement to 
retain a separate record of the oral attestation.
    (b) If an employee refuses to attest orally to security 
responsibilities, the Contractor shall deny the employee access to 
classified information and shall submit a report to the Contractor's 
security activity.

(End of clause)

[FR Doc. 99-7137 Filed 3-24-99; 8:45 am]
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