82 FR 13507 - Agency Information Collection Activities; Request for Comments; Revision of the BJS Confidentiality Pledge
DEPARTMENT OF JUSTICE Federal Register Volume 82, Issue 47 (March 13, 2017)
Federal Register Volume 82, Issue 47 (March 13, 2017)
| Page Range | 13507-13509 | |
| FR Document | 2017-04886 |
[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)] [Notices] [Pages 13507-13509] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04886] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Agency Information Collection Activities; Request for Comments; Revision of the BJS Confidentiality Pledge AGENCY: Bureau of Justice Statistics, U.S. Department of Justice. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Bureau of Justice Statistics (BJS), a component of the Office of Justice Programs (OJP) in the U.S. Department of Justice (DOJ), is seeking comments on revisions to the confidentiality pledge it provides to its respondents. These revisions are required by the passage and implementation of provisions of the federal Cybersecurity Enhancement Act of 2015, which requires the Secretary of the Department of Homeland Security (DHS) to provide Federal civilian agencies' information technology systems with cybersecurity protection for their Internet traffic. More details on this announcement are presented in the SUPPLEMENTARY INFORMATION section below. DATES: Comments are encouraged and will be accepted for 60 days until May 12, 2017. ADDRESSES: Questions about this notice should be addressed to the Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, ATTN: Devon Adams, 810 7th Street NW., Washington, DC 20531 (email: [email protected]; telephone: 202-307- 0765 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: Allina Lee by telephone at 202-305- 0765 (this is not a toll-free number); by email at [email protected]; or by mail or courier to the Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, ATTN: Allina Lee, 810 7th Street NW., Washington, DC 20531. Because of delays in the receipt of regular mail related to security screening, respondents are encouraged to use electronic communications. SUPPLEMENTARY INFORMATION: I. Abstract Federal statistics provide key information that the Nation uses to measure its performance and make informed choices about budgets, employment, health, investments, taxes, and a host of other significant topics. Most federal surveys are completed on a voluntary basis. Respondents, ranging from businesses to households to institutions, may choose whether or not to provide the requested information. Many of the most valuable federal statistics come from surveys that ask for highly sensitive information such as proprietary business data from companies or particularly personal information or practices from individuals. BJS protects all personally identifiable information collected under its authority under the confidentiality provisions of 42 U.S.C. 3789(g). Strong and trusted confidentiality and exclusively statistical use pledges under 42 U.S.C. 3789(g) and similar statutes are effective and necessary in honoring the trust that businesses, individuals, and institutions, by their responses, place in statistical agencies. Under statistical confidentiality protection statutes, federal statistical agencies make statutory pledges that the information respondents provide will be [[Page 13508]] seen only by statistical agency personnel or their agents and will be used only for statistical purposes. These statutes protect such statistical information from administrative, law enforcement, taxation, regulatory, or any other non-statistical use and immunize the information submitted to statistical agencies from legal process. Moreover, many of these statutes carry monetary fines and/or criminal penalties for conviction of a knowing and willful unauthorized disclosure of covered information. Any person violating the confidentiality provisions of 42 U.S.C. 3789(g) may be punished by a fine of up to $10,000, in addition to any other penalties imposed by law. As part of the Consolidated Appropriations Act for Fiscal Year 2016 (Pub. L. 114-113) signed on December 17, 2015, the Congress included the Federal Cybersecurity Enhancement Act of 2015 (codified in relevant part at 6 U.S.C. 151). This act, among other provisions, permits and requires the Secretary of Homeland Security to provide federal civilian agencies' information technology systems with cybersecurity protection for their Internet traffic. The technology currently used to provide this protection against cyber malware is known as Einstein 3A. Einstein 3A electronically searches internet traffic in and out of federal civilian agencies in real time for malware signatures. When such a signature is found, the internet packets that contain the malware signature are shunted aside for further inspection by DHS personnel. Because it is possible that such packets entering or leaving a statistical agency's information technology system may contain a small portion of confidential statistical data, statistical agencies can no longer promise their respondents that their responses will be seen only by statistical agency personnel or their agents. However, federal statistical agencies can promise, in accordance with provisions of the Federal Cybersecurity Enhancement Act of 2015, that such monitoring can be used only to protect information and information systems from cybersecurity risks, thereby, in effect, providing stronger protection to the integrity of the respondents' submissions. Consequently, with the passage of the Federal Cybersecurity Enhancement Act of 2015, the federal statistical community has an opportunity to welcome the further protection of its confidential data offered by DHS' Einstein 3A cybersecurity protection program. The DHS cybersecurity program's objective is to protect federal civilian information systems from malicious malware attacks. The federal statistical system's objective is to endeavor to ensure that the DHS Secretary performs those essential duties in a manner that honors the statistical agencies' statutory promises to the public to protect their confidential data. DHS and the federal statistical system have been successfully engaged in finding a way to balance both objectives and achieve these mutually reinforcing objectives. However, pledges of confidentiality made pursuant to 42 U.S.C. 3789(g) and similar statutes assure respondents that their data will be seen only by statistical agency personnel or their agents. Because it is possible that DHS personnel could see some portion of those confidential data in the course of examining the suspicious Internet packets identified by Einstein 3A sensors, statistical agencies are revising their confidentiality pledges to reflect this process change. Therefore, BJS is providing this notice to alert the public to these confidentiality pledge revisions in an efficient and coordinated fashion. II. Method of Collection The following is the revised statistical confidentiality pledge for applicable BJS data collections, with the new line added to address the new cybersecurity monitoring activities bolded for reference only: ``The Bureau of Justice Statistics (BJS) is authorized to conduct this data collection under 42 U.S.C. 3732. BJS is dedicated to maintaining the confidentiality of your personally identifiable information, and will protect it to the fullest extent under federal law. BJS, BJS employees, and BJS data collection agents will use the information you provide for statistical or research purposes only, and will not disclose your information in identifiable form without your consent to anyone outside of the BJS project team. All personally identifiable data collected under BJS's authority are protected under the confidentiality provisions of 42 U.S.C. 3789g, and any person who violates these provisions may be punished by a fine up to $10,000, in addition to any other penalties imposed by law. Further, per the Cybersecurity Enhancement Act of 2015 (codified in relevant part at 6 U.S.C. 151), federal information systems are protected from malicious activities through cybersecurity screening of transmitted data. For more information on the federal statutes, regulations, and other authorities that govern how BJS, BJS employees, and BJS data collection agents collect, handle, store, disseminate, and protect your information, see the BJS Data Protection Guidelines--(https://www.bjs.gov/content/pub/pdf/BJS_Data_Protection_Guidelines.pdf).'' The following listing shows the current BJS Paperwork Reduction Act (PRA) OMB numbers and information collection titles whose confidentiality pledges will change to reflect the statutory implementation of DHS' Einstein 3A monitoring for cybersecurity protection purposes. ------------------------------------------------------------------------ OMB control No. Information collection title ------------------------------------------------------------------------ 1121-0094............................... Deaths in Custody Reporting Program. 1121-0065............................... National Corrections Reporting Program. ------------------------------------------------------------------------ Affected Public: Survey respondents to applicable BJS information collections. Total Respondents: Unchanged from current collection. Frequency: Unchanged from current collection. Total Responses: Unchanged from current collection. Average Time per Response: Unchanged from current collection. Estimated Total Burden Hours: Unchanged from current collection. Estimated Total Cost: Unchanged from current collection. BJS has also added information about the Cybersecurity Enhancement Act and Einstein 3A to the BJS Data Protection Guidelines to provide more details to interested respondents about the new cybersecurity monitoring requirements. The following text has been added to Section V. Information System Security and Privacy Requirements: ``The Cybersecurity Enhancement Act of 2015 (codified in relevant part at 6 U.S.C. 151) required the Department of Homeland Security (DHS) to provide cybersecurity protection for federal civilian agency information technology systems and to conduct cybersecurity screening of the Internet traffic going in and out of these systems to look for viruses, malware, and other cybersecurity threats. DHS has implemented this requirement by instituting procedures such that, if a potentially malicious malware signature were found, the Internet packets that contain the malware signature would be further inspected, pursuant to any required legal process, to identify and mitigate the cybersecurity threat. In accordance with the Act's provisions, DHS conducts these cybersecurity screening activities solely to protect federal information and information systems from cybersecurity risks. To [[Page 13509]] comply with the Act's requirements and to increase the protection of information from cybersecurity threats, OJP facilitates, through the DOJ Trusted Internet Connection and DHS's EINSTEIN 3A system, the inspection of all information transmitted to and from OJP systems including, but not limited to, respondent data collected and maintained by BJS.'' The Census Bureau collects data on behalf of BJS for BJS's National Crime Victimization Survey (NCVS) and its supplements. These collections are protected under Title 13 U.S.C. 9. The Census Bureau issued a Federal Register notice (FRN) to revise its confidentiality pledge language to address the new cybersecurity screening requirements (new line bolded for reference only): ``The U.S. Census Bureau is required by law to protect your information. The Census Bureau is not permitted to publicly release your responses in a way that could identify you. Per the Federal Cybersecurity Enhancement Act of 2015, your data are protected from cybersecurity risks through screening of the systems that transmit your data.'' The following listing includes the BJS information collections that are administered by the Census Bureau whose confidentiality pledge will be revised. ------------------------------------------------------------------------ OMB control No. Information collection title ------------------------------------------------------------------------ 1121-0111............................... NCVS. 1121-0184............................... School Crime Supplement to the NCVS. 1121-0317............................... Identity Theft Supplement to the NCVS. 1121-0260............................... Police Public Contact Supplement to the NCVS. 1121-0302............................... Supplemental Victimization Survey to the NCVS. ------------------------------------------------------------------------ Affected Public: Survey respondents to applicable BJS information collections. Total Respondents: Unchanged from current collection. Frequency: Unchanged from current collection. Total Responses: Unchanged from current collection. Average Time per Response: Unchanged from current collection. Estimated Total Burden Hours: Unchanged from current collection. Estimated Total Cost: Unchanged from current collection. The 60-day FRN submitted by the Census Bureau can be accessed at https://www.federalregister.gov/documents/2016/12/23/2016-30959/agency-information-collection-activities-request-for-comments-revision-of-the-confidentiality-pledge. The Census Bureau will publish a 30-day FRN to solicit additional public comment. Comments on the Census Bureau's revised confidentiality pledge should be submitted directly to the point-of-contact listed in the notice. III. Data OMB Control Number: 1121-0358. Legal Authority: 44 U.S.C. 3506(e) and 42 U.S.C. 3789(g). Form Number(s): None. IV. Request for Comments Comments are invited on the efficacy of BJS's revised confidentiality pledge above. Comments submitted in response to this notice will become a matter of public record. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405A, Washington, DC 20530. Dated: March 8, 2017. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2017-04886 Filed 3-10-17; 8:45 am] BILLING CODE 4410-18-P
![Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices 13507
difference between NIBRS and the 5. An estimate of the total number of the Department of Homeland Security
traditional Summary Reporting System respondents and the amount of time (DHS) to provide Federal civilian
(SRS) is the degree of detail in reporting. estimated for an average respondent to agencies’ information technology
In reporting data via the traditional SRS, respond: There are approximately 6,648 systems with cybersecurity protection
law enforcement agencies tally the law enforcement agencies. The amount for their Internet traffic. More details on
occurrences of eight Part I crimes. of time estimated for an average this announcement are presented in the
NIBRS is capable of producing more respondent to respond is two hours SUPPLEMENTARY INFORMATION section
detailed, accurate, and meaningful data monthly which totals to an annual hour below.
because data are collected about when burden of 24 hours. The two hours to DATES: Comments are encouraged and
and where crime takes place, what form respond is the time it takes for the will be accepted for 60 days until May
it takes, and the characteristics of its agencies records management system 12, 2017.
victims and perpetrators. Although most (RMS) to download the NIBRS and send ADDRESSES: Questions about this notice
of the general concepts for collecting, to the FBI. By design, law enforcement should be addressed to the Bureau of
scoring, and reporting UCR data in the agencies generate NIBRS data as a by- Justice Statistics, Office of Justice
SRS apply in the NIBRS, such as product of their RMS. Therefore, a law Programs, U.S. Department of Justice,
jurisdictional rules, there are some enforcement agency builds its system to ATTN: Devon Adams, 810 7th Street
important differences in the two suit its own individual needs, including NW., Washington, DC 20531 (email:
systems. The most notable differences all of the information required for Devon.Adams@usdoj.gov; telephone:
that give the NIBRS an advantage over administration and operation; then 202–307–0765 (this is not a toll-free
the SRS are: No Hierarchy Rule, in a forwards only the data required by the number).
multiple-offense incident NIBRS reports NIBRS to participate in the FBI UCR
Program. FOR FURTHER INFORMATION CONTACT:
every offense occurring during the Allina Lee by telephone at 202–305–
6. An estimate of the total public
incident where SRS would report just burden (in hours) associated with the 0765 (this is not a toll-free number); by
the most serious offense and the lower- collection: There are approximately email at Allina.Lee@usdoj.gov; or by
listed offense would not be reported; 159,552 hours, annual burden, mail or courier to the Bureau of Justice
NIBRS provides revised, expanded, and associated with this information Statistics, Office of Justice Programs,
new offense definitions; NIBRS provides collection. The total number of U.S. Department of Justice, ATTN:
more specificity in reporting offenses, respondents is 6,648 with a total annual Allina Lee, 810 7th Street NW.,
using NIBRS offense and arrest data for hour burden of 24 hours (6,648 × 24 = Washington, DC 20531. Because of
24 Group A offense categories can be 159,552 total annual hours). delays in the receipt of regular mail
reported while in the SRS eight Part I If additional information is required related to security screening,
offenses can be reported; NIBRS can contact: Melody Braswell, Department respondents are encouraged to use
distinguish between attempted and Clearance Officer, United States electronic communications.
completed Group A crimes; NIBRS also Department of Justice, Justice SUPPLEMENTARY INFORMATION:
provides crimes against society while Management Division, Policy and I. Abstract
the SRS does not; the victim-to-offender Planning Staff, Two Constitution
data, circumstance reporting, drug Square, 145 N Street NE., 3E.405A, Federal statistics provide key
related offenses, offenders suspected use Washington, DC 20530. information that the Nation uses to
of drugs, and computer crime is measure its performance and make
Dated: March 8, 2017. informed choices about budgets,
expanded in NIBRS; the NIBRS update Melody Braswell,
reports are directly tied to the original employment, health, investments, taxes,
Department Clearance Officer for PRA, U.S. and a host of other significant topics.
incident submitted. The Group A Department of Justice. Most federal surveys are completed on
offense categories include animal [FR Doc. 2017–04871 Filed 3–10–17; 8:45 am] a voluntary basis. Respondents, ranging
cruelty, arson, assault offenses, bribery,
BILLING CODE 4410–02–P from businesses to households to
burglary/breaking and entering, institutions, may choose whether or not
counterfeiting/forgery, destruction/ to provide the requested information.
damage/vandalism of property, drug/ DEPARTMENT OF JUSTICE Many of the most valuable federal
narcotic offenses, embezzlement, statistics come from surveys that ask for
extortion/blackmail, fraud offenses, Agency Information Collection highly sensitive information such as
gambling offenses, homicide offenses, Activities; Request for Comments; proprietary business data from
human trafficking, kidnapping/ Revision of the BJS Confidentiality companies or particularly personal
abduction, larceny/theft offenses, motor Pledge information or practices from
vehicle theft, pornography/obscene AGENCY: Bureau of Justice Statistics, individuals. BJS protects all personally
material, prostitution offenses, robbery, U.S. Department of Justice. identifiable information collected under
sex offenses, sex offenses/nonforcible, its authority under the confidentiality
ACTION: Notice.
stolen property offenses, and weapon provisions of 42 U.S.C. 3789(g). Strong
law violations. The Group B offense SUMMARY: The Bureau of Justice and trusted confidentiality and
categories include bad checks, curfew/ Statistics (BJS), a component of the exclusively statistical use pledges under
loitering/vagrancy violations, disorderly Office of Justice Programs (OJP) in the 42 U.S.C. 3789(g) and similar statutes
conduct, DUI, drunkenness, family U.S. Department of Justice (DOJ), is are effective and necessary in honoring
mstockstill on DSK3G9T082PROD with NOTICES
offenses/nonviolent, liquor law seeking comments on revisions to the the trust that businesses, individuals,
violations, peeping tom, trespass of real confidentiality pledge it provides to its and institutions, by their responses,
property, and all other offenses. respondents. These revisions are place in statistical agencies.
Beginning in 2019, the NIBRS will also required by the passage and Under statistical confidentiality
collect additional data values to capture implementation of provisions of the protection statutes, federal statistical
data on domestic violence, cargo theft, federal Cybersecurity Enhancement Act agencies make statutory pledges that the
and negligent manslaughter. of 2015, which requires the Secretary of information respondents provide will be
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![Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Notices 13509
comply with the Act’s requirements and documents/2016/12/23/2016-30959/ scheduled from 9:00 a.m. to 12:00 p.m.
to increase the protection of information agency-information-collection-activities- and will be open to the public on a
from cybersecurity threats, OJP request-for-comments-revision-of-the- space available basis. The tentative
facilitates, through the DOJ Trusted confidentiality-pledge. The Census agenda is as follows: The meeting will
Internet Connection and DHS’s Bureau will publish a 30-day FRN to begin at 9:00 a.m. with opening remarks
EINSTEIN 3A system, the inspection of solicit additional public comment. and voting on recommendations for
all information transmitted to and from Comments on the Census Bureau’s funding and rejection and guidelines,
OJP systems including, but not limited revised confidentiality pledge should be followed by updates from the Chairman.
to, respondent data collected and submitted directly to the point-of- There also will be presentations related
maintained by BJS.’’ contact listed in the notice. to several Arts Education projects
The Census Bureau collects data on supported by the National Endowment
III. Data
behalf of BJS for BJS’s National Crime
OMB Control Number: 1121–0358. for the Arts, including: The Regional
Victimization Survey (NCVS) and its
Legal Authority: 44 U.S.C. 3506(e) and Arts and Culture Council (Oregon)
supplements. These collections are
42 U.S.C. 3789(g). presenting on their Right Brain
protected under Title 13 U.S.C. 9. The
Census Bureau issued a Federal Form Number(s): None. Initiative; Paper Mill Playhouse (New
Register notice (FRN) to revise its Jersey) presenting on their autism-
IV. Request for Comments friendly theater performances;
confidentiality pledge language to
address the new cybersecurity screening Comments are invited on the efficacy Architecture Resource Center
requirements (new line bolded for of BJS’s revised confidentiality pledge (Connecticut) presenting on their design
reference only): above. Comments submitted in response education program; ProjectSTEP
‘‘The U.S. Census Bureau is required to this notice will become a matter of (Massachusetts) presenting on their
by law to protect your information. The public record. If additional information music education program, including a
Census Bureau is not permitted to is required contact: Melody Braswell, student presentation/performance; and
publicly release your responses in a way Department Clearance Officer, United Adventure Theatre (Maryland)
that could identify you. Per the States Department of Justice, Justice presenting on its programs, including a
Federal Cybersecurity Enhancement Management Division, Policy and vocal performance by students. After the
Act of 2015, your data are protected Planning Staff, Two Constitution presentations there will be concluding
from cybersecurity risks through Square, 145 N Street NE., 3E.405A, remarks from the Chairman and
screening of the systems that Washington, DC 20530. announcement of voting results. The
transmit your data.’’ Dated: March 8, 2017. meeting will adjourn at 12:00 p.m.
The following listing includes the BJS Melody Braswell,
information collections that are The session also will be webcast. To
Department Clearance Officer for PRA, U.S. register to watch the webcasting of this
administered by the Census Bureau Department of Justice
whose confidentiality pledge will be open session of the meeting, go to
[FR Doc. 2017–04886 Filed 3–10–17; 8:45 am] https://www.arts.gov/event/2017/
revised. BILLING CODE 4410–18–P national-council-arts-march-2017-
Information collection webcast.
OMB control No. title If, in the course of the open session
NATIONAL FOUNDATION ON THE
1121–0111 ............. NCVS. ARTS AND THE HUMANITIES discussion, it becomes necessary for the
1121–0184 ............. School Crime Supple- Council to discuss non-public
ment to the NCVS. National Endowment for the Arts commercial or financial information of
1121–0317 ............. Identity Theft Supple- intrinsic value, the Council will go into
ment to the NCVS. National Council on the Arts 190th closed session pursuant to subsection
1121–0260 ............. Police Public Contact Meeting (c)(4) of the Government in the
Supplement to the
NCVS. AGENCY: National Endowment for the Sunshine Act, 5 U.S.C. 552b, and in
1121–0302 ............. Supplemental Victimiza- Arts, National Foundation on the Arts accordance with the July 5, 2016
tion Survey to the and Humanities. determination of the Chairman.
NCVS. Additionally, discussion concerning
ACTION: Notice of meeting.
purely personal information about
Affected Public: Survey respondents SUMMARY: Pursuant to section 10(a)(2) of individuals, such as personal
to applicable BJS information the Federal Advisory Committee Act biographical and salary data or medical
collections. (Pub. L. 92–463), as amended, notice is information, may be conducted by the
Total Respondents: Unchanged from hereby given that a meeting of the Council in closed session in accordance
current collection. National Council on the Arts will be with subsection (c)(6) of 5 U.S.C. 552b.
Frequency: Unchanged from current held in Conference Rooms A & B at
collection. Any interested persons may attend, as
Constitution Center, 400 7th St. SW., observers, Council discussions and
Total Responses: Unchanged from Washington, DC 20506. Agenda times
current collection. reviews that are open to the public. If
are approximate.
Average Time per Response: you need special accommodations due
DATES: Friday, March 31, 2017 from 9:00 to a disability, please contact the Office
Unchanged from current collection.
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Estimated Total Burden Hours: a.m. to 12:00 p.m. of Accessibility, National Endowment
Unchanged from current collection. FOR FURTHER INFORMATION CONTACT: for the Arts, Constitution Center, 400
Estimated Total Cost: Unchanged Office of Public Affairs, National 7th St. SW., Washington, DC 20506,
from current collection. Endowment for the Arts, Washington, 202/682–5567, Voice/T.T.Y. 202/682–
The 60-day FRN submitted by the DC 20506, at 202/682–5570. 5496, at least seven (7) days prior to the
Census Bureau can be accessed at SUPPLEMENTARY INFORMATION: The meeting.
https://www.federalregister.gov/ meeting, in Conference Rooms A & B, is
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Document Created: 2018-02-01 14:57:53
Document Modified: 2018-02-01 14:57:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Comments are encouraged and will be accepted for 60 days until May 12, 2017. | |
| Contact | Allina Lee by telephone at 202-305- 0765 (this is not a toll-free number); by email at [email protected]; or by mail or courier to the Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice, ATTN: Allina Lee, 810 7th Street NW., Washington, DC 20531. Because of delays in the receipt of regular mail related to security screening, respondents are encouraged to use electronic communications. | |
| FR Citation | 82 FR 13507 |
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