Notice2024-20650
Submission for OMB Review; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 12, 2024
Issuing agencies
Defense Department
Abstract
The DoD has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.
Full Text
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<title>Federal Register, Volume 89 Issue 177 (Thursday, September 12, 2024)</title>
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[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Pages 74277-74279]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20650]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2024-OS-0035]
Submission for OMB Review; Comment Request
AGENCY: Office of the Under Secretary of Defense for Intelligence and
Security (OUSD(I&S)), Department of Defense (DoD).
ACTION: 30-Day information collection notice.
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SUMMARY: The DoD has submitted to the Office of Management and Budget
(OMB) for clearance the following proposal for collection of
information under the provisions of the Paperwork Reduction Act.
DATES: Consideration will be given to all comments received by October
15, 2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Reginald Lucas, (571) 372-7574,
<a href="/cdn-cgi/l/email-protection#413629326f2c226c202d24396f2432256f2c23396f25256c252e256c282f272e332c2035282e2f6c222e2d2d242235282e2f32012c20282d6f2c282d"><span class="__cf_email__" data-cfemail="0e79667d20636d236f626b76206b7d6a20636c76206a6a236a616a23676068617c636f7a676160236d6162626b6d7a6761607d4e636f676220636762">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB Number: Certificate Pertaining to
Foreign Interests; SF-328; OMB Control Number 0704-0579.
Type of Request: Revision.
Number of Respondents: 62,950.
Responses per Respondent: 1.
Annual Responses: 62,950.
Average Burden per Response: 100 minutes.
Annual Burden Hours: 104,917.
Needs and Uses: Information collection via the Standard Form (SF)
328, ``Certificate Pertaining to Foreign Interests,'' is necessary to
support the execution of 32 CFR part 117, ``National Industrial
Security Program (NISPOM),''
[[Page 74278]]
dated December 21, 2020, or equivalent. Executive Order (E.O.) 12829,
as amended, ``National Industrial Security Program (NISP),'' section
202 (a) stipulates that the Secretary of Defense serves 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 classified information; and for determining
eligibility for access to classified information of contractors,
licensees, and grantees and their respective employees. Section 202 (e)
also authorizes the Executive Agent to issue, after consultation with
affected agencies, standard forms that will promote the implementation
of the NISP.
E.O. 12829 was amended by E.O. 13691, adding the Secretary of
Homeland Security as the fifth Cognizant Security Agency. Section 202
(d) of E.O. 12829 stipulates that the Secretary of Homeland Security
may determine the eligibility for access to Classified National
Security Information of contractors, licensees and grantees and their
respective employees under a designated critical infrastructure
protection program, including parties to agreements with such programs.
The Secretary of Homeland Security also may inspect and monitor the
contractors, grantees or licensees and facilities or may enter into
written agreements with the Secretary of Defense, as Executive Agent or
with the office of the Director of Intelligence/Director of Central
Intelligence Agency to inspect and monitor these programs in whole or
in part on behalf of the Secretary of Homeland Security. The specific
requirements necessary to protect classified information released to
private industry are found in NISPOM; found in DoDI 5220.31 ``National
Industrial Security Program (NISP),'' which incorporates and cancels
DoD Instruction 5220.22, ``National Industrial Security Program,''
March 18, 2011, as amended. The SF 328 incorporates its usage for the
NISP portion of the Classified Critical Infrastructure Protection
Program as stipulated under E.O. 12829, as amended by E.O. 13691.
Revisions to the SF 328 will also incorporate its usage under the DoD's
Innovation initiative through the DoD Enhanced Security Program (DESP),
pursuant to section 951 of Public Law 114-328 (10 U.S.C. 1564 note).
The DESP is a DoD only initiative and is not part of the NISP.
Companies participating under the DESP do not require a DoD contract
but are required to enter into a Memorandum of Agreement. Completion of
the SF 328 and submission of supporting documentation (e.g., company or
entity charter documents, board meeting minutes, stock or securities
information, descriptions of organizational structures, contracts,
sales, leases and/or loan agreements and revenue documents, annual
reports and income statements, etc.) is part of the eligibility
determination for access to classified information and/or issuance of
an Entity Eligibility Determination (also known as a Facility Security
Clearance).
Section 847 of the National Defense Authorization Act for Fiscal
Year 2020 (Pub. L. 116-92), ``Mitigating Risks Related to Foreign
Ownership, Control, or Influence of Department of Defense Contractors
or Subcontractors,'' requires the Secretary for Defense to improve the
process and procedures for the assessment and mitigation of risks
related to FOCI of contractors and subcontractors doing business with
the DoD, in conjunction with the Departments efforts to develop and
implement an improved analytical framework for mitigating risk relating
to ownership structure, as required by 10 U.S.C. 2509 and section 847
of Public Law 116-92. To fulfill the requirements of sec. 847,
contractors and subcontractors must disclose to DCSA their beneficial
ownership and whether they are under FOCI, and to update those
disclosures when changes occur to information previously provided
consistent with the requirements of the NISPOM. In addition, sec. 847
provides for the creation of other measures as necessary to be
consistent with other relevant authorities, including the NISP.
The Small Business Innovation Research and Small Business
Technology Transfer (SBIR/STTR) Extension Act of 2022, Public Law 117-
183, section 4, ``Foreign Risk Management'' (DoD SBIR/STTR programs),
requires the head of each Federal agency required to establish a SBIR
or STTR program to implement a due diligence program to assess security
risks presented by small business concerns seeking federal awards.
These security risks includes, among other things, foreign interested-
related risks. The DoD intends to utilize the SF 328 as the basis for
information collection for DoD SBIR/STTR program participants to
disclose their foreign interests, and to report any future changes, as
appropriate. For DoD SBIR/STTR, the DoD will use this form to collect
information to conduct a risk-based due diligence review and assess
security risks presented by small business concerns seeking a federally
funded award through the DoD SBIR/STTR programs. The submission will be
required to be submitted as part of the SBIR/STTR solicitation package,
and details concerning its submission will be included in the
solicitation published to perspective submitters.
The use of the SF 328 will also be required by the forthcoming
Cybersecurity Maturity Model Certification (CMMC) program, which is
currently in the Rulemaking process under 32 CFR part 170. The CMMC
program will require CMMC Level 2 Certification Assessments be
conducted by a CMMC Third Party Assessment Organization (C3PAO),
accredited by the DoD approved CMMC Accreditation Body (AB). To be
accredited, the CMMC AB and all C3PAOs must receive a favorable
adjudication and not be subject to a level of risk from Foreign
Ownership, Control, or Influence (FOCI) as determined by the CMMC
Program Management Office (PMO). DCSA will conduct the FOCI assessments
for the CMMC AB and C3PAOs after they are nominated by the CMMC PMO.
The multiple authorized uses of this form will create uniformity
among numerous authorities responsible for the vetting or review of
companies or entities for foreign interest-related risks. In addition,
it will establish more consistency among industry concerning their
basic information submission requirements regarding foreign interest
information.
The submission of the SF-328, and supporting documentation, may be
done electronically through a government approved system of record.
Affected Public: Business or other for profit; Not-for-profit
institutions.
Frequency: On occasion.
Respondent's Obligation: Voluntary.
OMB Desk Officer: Ms. Jasmeet Seehra.
You may also submit comments and recommendations, identified by
Docket ID number and title, by the following method:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency
name, Docket ID number, and title for this Federal Register document.
The general policy for comments and other submissions from members of
the public is to make these submissions available for public viewing on
the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> as they are received without
change, including any personal identifiers or contact information.
DoD Clearance Officer: Mr. Reginald Lucas.
[[Page 74279]]
Requests for copies of the information collection proposal should
be sent to Mr. Lucas at <a href="/cdn-cgi/l/email-protection#681f001b46050b4509040d10460d1b0c46050a10460c0c450c070c4501060e071a05091c010706450b0704040d0b1c0107061b280509010446050104"><span class="__cf_email__" data-cfemail="73041b005d1e105e121f160b5d1600175d1e110b5d17175e171c175e1a1d151c011e12071a1c1d5e101c1f1f1610071a1c1d00331e121a1f5d1e1a1f">[email protected]</span></a>.
Dated: September 4, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-20650 Filed 9-11-24; 8:45 am]
BILLING CODE 6001-FR-P
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