99-21417. Defense Federal Acquisition Regulation Supplement; Oral Attestation of Security Responsibilities

[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Rules and Regulations]
[Pages 45196-45197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21417]


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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: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending 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.

EFFECTIVE DATE: August 19, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Defense Acquisition 
Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone [phone]; telefax 
[phone]. Please cite DFARS Case 99-D006.

SUPPLEMENTARY INFORMATION: 

A. Background

    This rule adds a new clause at DFARS 252.204-7005 for use in 
contracts requiring access to classified information. The new clause 
requires contractor employees that are cleared for access to 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.
    A proposed rule was published in the Federal Register on March 25, 
1999 (64 FR 14424). Six sources submitted comments on the proposed 
rule. DoD considered all comments in the development of the final rule.
    This rule was not subject to Office of Management and Budget review 
under Executive order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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 addressed in the oral 
attestation are conditions and responsibilities that already are placed

[[Page 45197]]

on contractor personnel granted access to classified information. Any 
contractor costs related to compliance with the rule should be included 
in the contract price.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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 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 252.204-7005, 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 252.204-7005 is added to read as follow:


252.204-7005  Oral Attestation of Security Responsibilities.

    As prescribed in 204.404-70(c), use the following clause: Oral 
Attestation of Security Responsibilities (Aug 1999)
    (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 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. 99-21417 Filed 8-18-99; 8:45 am]
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