Emergency Request Memo

OFFICE OF THE UNDER SECRETARY OF DEFENSE
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000

ACQUISITION
AND SUSTAINMENT

September 16, 2020
Paul J. Ray
Acting Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget
Washington, DC 20503
Dear Mr. Ray:
In accordance with 5 CFR 1320.13, “Emergency Processing,” the Department of
Defense (DoD) requests emergency processing and approval of a new public information
collection requirement in the Defense Federal Acquisition Regulation Supplement (DFARS).
This collection is tied to a rule currently under OIRA review: Strategic Assessment and
Cybersecurity Certification Requirements (DFARS Case 2019-D041). This rule and DoD’s
request for a new information collection builds on existing Federal Acquisition Regulation
(FAR) and DFARS cybersecurity requirements by: (1) adding a mechanism to immediately
begin assessing the current status of contractor implementation of existing National Institute of
Standards and Technology (NIST) guidance on cybersecurity; and (2) requiring contractors and
subcontractors to take steps to fully implement existing cybersecurity requirements to protect
government information on contractor information systems. There is an urgent need for DoD to
immediately begin assessing where vulnerabilities in its supply chain exist and take steps to
correct such deficiencies based on internal reports indicating DoD contractors do not
consistently implement mandated system security requirements for safeguarding DoD
information. This can be accomplished by requiring contractors and subcontractors handling
DoD information on contractor systems to perform an assessment and implement required
changes consistent with existing NIST guidance.
Additional information is provided by the enclosures. The Determination for
Emergency Processing is at Enclosure 1. The Supporting Statement is at Enclosure 2. The
Federal Register notice for the rulemaking that imposes the information collection is at
Enclosure 3. The collection instrument (DFARS text) is at Enclosure 4.
Use of the normal OMB process would preclude the collection of the information in a
timely manner. The Department requests emergency approval by September 18, 2020.
HERRINGTON.KIM.1
507719313

Digitally signed by
HERRINGTON.KIM.1507719313
Date: 2020.09.16 15:07:26 -04'00'

Kim Herrington
Acting Principal Director,
Defense Pricing and Contracting
Enclosures:
As stated