Supporting Statement

SUPPORTING STATEMENT

A.
1.

JUSTIFICATION
Need for the Information Collection

This is a request for extension of the expiration date of the
information collection currently approved under OMB Control Number
0704-0207, Militarily Critical Technical Data Agreement (DD Form 2345).
The approval for this collection expires March 31, 2008.
Enterprises and individuals wishing to receive unclassified DODcontrolled militarily critical technical data are required to complete
DD Form 2345, Militarily Critical Technical Data Agreement, for the
following reasons:
a. Under 32 CFR 250, the Secretary of Defense is authorized
to establish policy, prescribe procedures, and assign responsibilities
for the dissemination and withholding of unclassified export-controlled
militarily critical technical data in the possession of, or under the
control of DOD. Failure to collect the information will adversely
impact on DOD procurement programs that involve militarily critical
technical data. This authority is implemented by DOD Directive
5230.25, dated November 6, 1984.
b. 32 CFR 250 established a process for certifying
enterprises and individuals who have a legitimate need for militarily
critical technical data and outlines procedures for obtaining the
required data. The system of certification established under 32 CFR
250 permits transfer of DOD-controlled militarily critical technical
data to private entities in a way that will prevent unauthorized public
disclosure or foreign access.
c. The certification required by 32CFR 250.3(a) is
accomplished using DD Form 2345. Enterprises and individuals who need
access to unclassified DOD-controlled militarily critical technical
data must certify on DD Form 2345 that the data will be used only in
ways that will inhibit unauthorized access and maintain the protection
afforded by U.S. export control laws.
d. The certification form is designed for ease of
completion. As a condition of receiving militarily critical technical
data, the requester must furnish written acknowledgment of its
responsibilities under U.S. export control laws. It must furnish
evidence of eligibility to receive militarily critical technical data
long with a statement of intended use of the data. It must agree not
to publicly disclose any militarily critical technical data it receives
under the DD Form 2345. It must also agree to limit dissemination of
the data to those individuals who are specifically authorized to
receive it.

2.

Use of the Information

The collected information is used by DOD Components as a basis for
approving or disapproving requests for access to technical data subject
to the provisions of 32 CFR 250. Failure to collect the information
will adversely impact on DOD procurement programs that involve
militarily critical technical data.
3.

Use of Information Technology

Electronic information technology is used to the maximum extent
practicable. Automated processing contractor automated databases, and
electronic access or transfer are used wherever they exist in the DD
Form 2345 preparation process. However, each submitted DD Form 2345
must have an original signature, verifying the understanding of and
agreement to abide by the export laws of the U.S. and Canada. When an
individual receives export-controlled data from DOD, they agree to
abide by the export laws of the U.S. and Canada. They acknowledge that
they understand the requirements to obtain an export license if they
plan to subsequently take or send the data outside the U.S. or Canada.
The original signature provides lawful evidence for successful
prosecution of individuals violating the export laws.
4.

Non-Duplication

The certification is a requirement prescribed by DOD Directive
5230.25 and is not a duplication of any similar information.
5.

Burden on Small Business

The burden applied to small business is the minimum consistent
with applicable laws, executive orders, regulations, and prudent
business practices.
6.

Less Frequent Collection

Collecting this information less frequently has been considered
and accommodated to the maximum extent practicable. The information is
collected only as necessary to provide requested services.
7.

Paperwork Reduction Act Guidelines

This information collection is consistent with the guidelines in 5
CFR 1320.5(d) (2).

8.

Consultation and Public Comments

Public comments were solicited in the Federal Register on October
3rd, 2007, Vo1 69, NO, 178, pg. 55587. The sixty day public comment
period ended December 3rd, 2007. No public comments were received.

9.

Gifts or Payment
No payment or gift will be provided to respondents.

10.

Confidentiality

The information collected will be disclosed only to the extent
consistent with prudent business practices and current regulations and
statutory requirements.
11.

Sensitive Questions
No sensitive questions are involved.

12.

Estimates of Respondent Burden and Annual Costs
a.

Respondent Burden

We estimate that an average of 20 minutes will be required for
each respondent to review, prepare, and submit the required
information. The estimated cost is based on the current salary for a
GS-12, step 5 equivalent, plus 32.45% fringe benefit rates.
Response per respondent:
Number of respondents:
Hours per response:
Annual burden:
b.

I

6,000
20 minutes
2,000

Annual Cost of Respondent

Total annual burden:
Average hourly cost:
Total annual cost of respondents:
13.

Estimated Respondent Costs Other Than Burden Hour Costs

None. There are no start-up, capital, operational and maintenance
costs imposed upon the respondents by this information collection.
14.

Estimated Annual Costs to the Federal Government

We estimate the Government will spend an average of one hour in
receiving, reviewing, and processing the information submitted by the
respondents. The average cost is based on the current salary of a GS12, step 5, plus 32.45% fringe benefit rates.
Total
Total
Costs
Total

annual responses
government hours
per hour
annual cost to the Government

6,000
1 hour
$38 .OO
$228,000

15.

Reasons to Change in Burden

This is a request for extension of a currently approved collection
with no change in the substance or method of collection.
16.

Publication of Results
Results of this collection will not be published.

17.

Non-Display of OMB Expiration Date

Display of the expiration date for OMB approval of the information
collection is appropriate.
18.

Exceptions to "Certification for Paperwork Reduction Submissions"
No exceptions to the certification statement are being sought

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Results will not be tabulated.
employed.

Statistical methods will not be