0704-0382_ssa_12.31.24

SUPPORTING STATEMENT - PART A

Summary of Changes

• The DLA Form 1822 has been revised to improve functionality. The change is limited to the signature. The form must be signed, and the signature may be electronic, digital, or written (wet). There are no changes to the context or substance of this collection instrument.

• Burden responses have remained consistent, but automation is necessary to meet sales requirements.

End-Use Certificate – OMB Control Number 0704-0382

1. Need for the Information Collection

The End-Use Certificate (DLA Form 1822) is submitted by individuals prior to releasing export controlled personal property out of Department of Defense (DoD) control. Export-controlled personal property are items listed on the United States Munitions Lists (USML) or Commerce Control List (CCL), and includes articles, items, technical data, technology or software. Transfers of export-controlled personal property out of DoD control may be in tangible and non-tangible forms. The information collected is for the purpose of determining bidder or transferee eligibility to receive export-controlled personal property, and to ensure that property recipients comply with the terms of sale or Military Critical Technical Data Agreement regarding end-use of the property. This form is to be used by the DoD Components and other Federal agencies and or their contractors prior to releasing export-controlled personal property out DoD control. End-Use checks are required by the following: DoD Instruction 2030.08, “Implementation of Trade Security Controls (TSCs) for Transfers of DoD U.S. Munitions List (USML) and Commerce Control List (CCL) Personal Property to Parties Outside DoD Control;” DoDM 4160.28, “DoD Demilitarization (DEMIL) Manual;” and the DoDM 4160.21, Defense Materiel Disposition Manual.

Other authorities for this collection include: 10 U.S.C. 133b, “Under Secretary of Defense for Acquisition and Sustainment;” 22 U.S.C. 2751-2799, “Arms Export Control;” Export Administration Act of 1979, as continued under Executive Order 13222, as amended”; E.O. 12738, “Export Controls;” 22 CFR 122, 15 CFR 762, and 41 CFR 101-102; DoD Directives 2040.3, “End-Use Certificates (EUCs);” DoD Instruction 2040.02, “International Transfers of Technology, Articles, and Services;” DoD Instruction 4161.2, “Management, Control and Disposal of Government Property in the Possession of Contractors;”.

2. Use of the Information

Respondents are individuals and businesses wishing to acquire or gain access to DoD export-controlled personal property. The information is used to determine recipients’ eligibility to receive such property transfers to conduct business with the government. The information is used to determine if transferees are qualified contractors as described by the Federal Acquisition Regulation System (48 CFR 9 et. seq.); identified on the Lists of Parties of Concern (person and entity); on specially designated nationals (SDNs) or blocked persons; or have violated U.S. export laws or regulations. The End-Use Certificate (EUC) informs the recipients that when this property is to be exported, they must comply with the International Traffic in Arms Regulations (ITAR) (22 CFR 120 et. seq.); Export Administration Regulations (EAR) (15 CFR 730 et. seq.); and other applicable export laws and regulations. The collection instruments utilized for a completed End-Use Certificate (DLA Form 1822) for the submission, processing, and return of EUCs are executed through two methods, due to the necessity of protecting Personal Identifiable Information (PII): (1) using a Common Access Card (CAC) with the encryption option selected, or (2) employing the Department of Defense (DoD) Secure Access File Exchange (SAFE). SAFE is a web-based tool that enables both authenticated DoD CAC users and unregistered guests to securely send and receive large files that may exceed the size limit for email transmission.

3. Use of Information Technology

The DL 1822 End-Use-Certificate is accessible in a digital form fillable PDF format from the Defense Logistics Agency public website. The form must be signed and the signature maybe electronic, digital, or written (wet). Once signed the completed DL1822 may then be submitted to the DoD Component, Federal Agency, or their contractor. The DoD Trade Security Controls Program Office processes 100% of End-Use Certificates (DLA Form 1822) for workload through electronic submissions, utilizing either Common Access Card (CAC) encryption or the Department of Defense (DoD) Secure Access File Exchange (SAFE).

4. Non-duplication

The information obtained through this collection is unique and is not already available for use or adaptation from another cleared source.

5. Burden on Small Businesses

This information collection does not impose a significant economic impact on a substantial number of small businesses or entities.

6. Less Frequent Collection

The information in DLA Form 1822 is collected as necessary to meet Department of Defense mission requirements.

7. Paperwork Reduction Act Guidelines

This collection of information does not require collection to be conducted in a manner inconsistent with the guidelines delineated in 5 CFR 1320.5(d)(2).

8. Consultation and Public Comments

Part A: PUBLIC NOTICE

A 60-Day Federal Register Notice (FRN) for the collection published on Friday, October 11, 2024. The 60-Day FRN citation is 89 FR 82587.

No comments were received during the 60-Day Comment Period.

A 30-Day Federal Register Notice for the collection published on Tuesday, December 31, 2024. The 30-Day FRN citation is 89 FR 107116.

Part B: CONSULTATION

No additional consultation apart from soliciting public comments through the 60-Day Federal Register Noticed was conducted for this submission.

9. Gifts or Payment

No payments or gifts are being offered to respondents as an incentive to participate in the collection.

10. Confidentiality

A Privacy Act Statement is required and is present on the DL 1822, End Use Certificate. The top of the DL 1822 states, “Please read Privacy Act Statement on page 2 before completing this form.” The Privacy Act Statement on page 2 conforms with DoD and DLA policy requirements.

A System of Record Notice for this collection is required. It can be located at: https://dpcld.defense.gov/Privacy/SORNsIndex/DOD-wide-SORN-Article-View/Article/570273/s64045/

The Defense Logistics Agency Criminal Incident Reporting System (DCIRS) is the only electronic system in which the DLA Form 1822 is stored.

The Privacy Impact Assessment for DCIRS is included with this submission.

Records are retained in accordance with NARA approved DLA Records Retention Schedule 6055.02, Temporary. Cutoff at end of event and destroy/erase 25 years after the completion of investigation.

11. Sensitive Questions

Social Security Number is collected on the DLA Form 1822. An SSN Justification Memo is included in this package for OMB’s review.

12. Respondent Burden and its Labor Costs

Part A: ESTIMATION OF RESPONDENT BURDEN

1. Collection Instrument(s)

DLA Form 1822

1. Number of Respondents: 42,000

2. Number of Responses Per Respondent: 1

3. Number of Total Annual Responses: 42,000

4. Response Time: 20 minutes

5. Respondent Burden Hours: 14,000 hours

2. Total Submission Burden

   1. Total Number of Respondents: 42,000

   2. Total Number of Annual Responses: 42,000

   3. Total Respondent Burden Hours: 14,000

Part B: LABOR COST OF RESPONDENT BURDEN

1. Collection Instrument(s)

DLA Form 1822

1. Number of Total Annual Responses: 42,000

2. Response Time: 20 minutes

3. Respondent Hourly Wage: $31.48

4. Labor Burden per Response: $10.49

5. Total Labor Burden: $440,720

2. Overall Labor Burden

   1. Total Number of Annual Responses: 42,000

   2. Total Labor Burden: $440,720

The Respondent hourly wage was determined by using the May 2023 Bureau of Labor Statistics website, https://www.bls.gov/oes/current/oes_nat.htm

13. Respondent Costs Other Than Burden Hour Costs

There are no annualized costs to respondents other than the labor burden costs addressed in Section 12 of this document to complete this collection.

14. Cost to the Federal Government

Part A: LABOR COST TO THE FEDERAL GOVERNMENT

1. Collection Instrument(s)

DLA Form 1822

1. Number of Total Annual Responses: 42,000

2. Processing Time per Response: 15 minutes

3. Hourly Wage of Worker(s) Processing Responses: $56.52

4. Cost to Process Each Response: $14.13

5. Total Cost to Process Responses: $593,460

2. Overall Labor Burden to the Federal Government

   1. Total Number of Annual Responses: 42,000

   2. Total Labor Burden: $593,460

Part B: OPERATIONAL AND MAINTENANCE COSTS

1. Cost Categories

   1. Equipment: $0

   2. Printing: $0

   3. Postage: $0

   4. Software Purchases: $0

   5. Licensing Costs: $0

   6. Other: $0

2. Total Operational and Maintenance Cost: $0

Part C: TOTAL COST TO THE FEDERAL GOVERNMENT

1. Total Labor Cost to the Federal Government: $593,460

2. Total Operational and Maintenance Costs: $0

3. Total Cost to the Federal Government: $593,460

Cost to the Federal government was determined using General Schedule (opm.gov).

15. Reasons for Change in Burden

The burden responses have remained consistent at 42,000, but automation is necessary to meet sales requirements. Future projections are anticipated to exceed current estimates by more than double, owing to the implementation of the Joint Certification Program.

16. Publication of Results

The results of this information collection will not be published.

17. Non-Display of OMB Expiration Date

We are not seeking approval to omit the display of the expiration date of the OMB approval on the collection instrument.

18. Exceptions to “Certification for Paperwork Reduction Submissions”

We are not requesting any exemptions to the provisions stated in 5 CFR 1320.9.