[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 (703) 602-4245; telefax
(703) 602-0350. 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]
BILLING CODE 5000-04-M