Enhanced Safeguarding and Cyber Incident Reporting of Unclassified DoD Information Within Industry

Forms and Documents

Document Name	Status
0704-0478 Justification Statement 091913_Revised.doc Supporting Statement A	2013-09-19

IC Document Collections

IC ID	Document Title	Status
197144	Enhanced Safeguarding and Cyber Incident Reporting of Unclassified DoD Information Within Industry Other-DFARS Clause	Modified

ICR Details

OMB Control No: 0704-0478	ICR Reference No: 201309-0704-003
Status: Historical Active	Previous ICR Reference No: 201104-0704-004
Agency/Subagency: DOD/DODDEP	Agency Tracking No:
Title: Enhanced Safeguarding and Cyber Incident Reporting of Unclassified DoD Information Within Industry
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/25/2013
OIRA Conclusion Action: Withdrawn	Conclusion Date: 09/24/2013
	Date Received in OIRA: 09/19/2013
Terms of Clearance: This collection is withdrawn at the request of hte agency.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		6 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This DFARS case implements the tracking and reporting of incursions on contractor information technology networks that process DoD information. The purpose is to assess the methods of loss, to better understand the impact of a loss, to facilitate sharing and collaboration, and to standardize procedures for tracking and reporting network intrusions.

Emergency Justfication: The Office of the Assistance Secretary of Defense for Acquisition, Technology and Acquisition (OASD(AT&L) Defense Procurement and Acquisition Policy (DPAP) / Defense Acquisition Regulations System (DARS) is submitting the subject requirement for emergency review and approval. This action is necessitated due to the increased attention to cyber security related issues, highlighted by legislation such as section 941, ?Reports to Department of Defense on penetrations of networks and information systems of certain contractors,? of the National Defense Authorization Act for Fiscal Year 2013. Defense Federal Acquisition Regulation Supplement (DFARS) final rule 2011-D039, entitled Safeguarding Unclassified Controlled Technical Information implements controls to safeguard unclassified controlled technical information and imposes new information collection requirements on DoD contractors. This information collection has been assigned OMB control number 0704-0478. There have previously been two public comment periods for this final rule, in a 2010 advanced notice of proposed rulemaking (ANPR) and a 2011 Proposed Rule. DoD has revised the rule in response to public concerns and effectively narrowed the rule to the minimum requirements acceptable to DoD. Absent implementation of this final rule, DoD will continue to lack the means to implement consistent information security controls across DoD contracts, leading to burdensome, inconsistent requirements for Defense contractors. This is part of DoD?s effort to enhance the protection of DoD information. Finally, this rule also partially implements the NDAA for FY2013 section 941 requirement to mandate contractor reporting of information created by or for DoD that has been potentially compromised by a penetration of a contractor network. OUSD(AT&L) DPAP/DARS has coordinated this submission with the OMB Clearance Officer, Ms. Patricia Toppings.

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Authorizing Statute(s): US Code: 41 USC 421 Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0750-AG47	Final or interim final rulemaking	76 FR 38089	06/29/2011

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 38089	06/29/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Enhanced Safeguarding and Cyber Incident Reporting of Unclassified DoD Information Within Industry

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: New collection

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Annual Cost to Federal Government: $3,638,025

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/19/2013

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