[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Notices]
[Pages 23532-23533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10459]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2019-0020; OMB Control Number 0704-0478]


Information Collection Requirement; Defense Federal Acquisition 
Regulation Supplement (DFARS); Cyber Incident Reporting and Cloud 
Computing

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Notice and request for comments regarding a proposed extension 
of an approved information collection requirement.

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SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995, DoD announces the proposed extension of a public 
information collection requirement and seeks public comment on the 
provisions thereof. DoD invites comments on: Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of DoD, including whether the information will have 
practical utility; the accuracy of the estimate of the burden of the 
proposed information collection; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the information collection on respondents, including the 
use of automated collection techniques or other forms of information 
technology. The Office of Management and Budget (OMB) has approved this 
information collection for use through July 31, 2019. DoD proposes that 
OMB extend its approval for use for three additional years beyond the 
current expiration date.

DATES: DoD will consider all comments received by July 22, 2019.

ADDRESSES: You may submit comments, identified by OMB Control Number 
0704-0478, using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Email: [email protected]. Include OMB Control Number 0704-
0478 in the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Kimberly Ziegler, OUSD(A&S)DPC(DARS), 3060 Defense Pentagon, Room 
3B941, Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Ziegler, at 571- 372-
6095.

SUPPLEMENTARY INFORMATION:
    Title, Associated Form, and OMB Number: Safeguarding Covered 
Defense Information, Cyber Incident Reporting, and Cloud Computing; OMB 
Control Number 0704-0478.
    Needs and Uses: Offerors and contractors must report cyber 
incidents on unclassified networks or information systems, within cloud 
computing services, and when they affect contractors designated as 
providing operationally critical support, as required by statute.

[[Page 23533]]

    a. The clause at DFARS 252.204-7012, Safeguarding Covered Defense 
Information and Cyber Incident Reporting, covers cyber incident 
reporting requirements for incidents that affect a covered contractor 
information system or the covered defense information residing therein, 
or that affects the contractor's ability to perform the requirements of 
the contract that are designated as operationally critical support and 
identified in the contract.
    b. DFARS provision 252.204-7008, Compliance with Safeguarding 
Covered Defense Information Controls, requires an offeror that proposes 
to vary from any of the security controls of National Institute of 
Standards and Technology (NIST) Special Publication (SP) 800-171 in 
effect at the time the solicitation is issued to submit to the 
contracting officer a written explanation of how the specified security 
control is not applicable or an alternative control or protective 
measure is used to achieve equivalent protection.
    c. DFARS provision 252.239-7009, Representation of Use of Cloud 
Computing, requires contractors to report that they ``anticipate'' or 
``do not anticipate'' utilizing cloud computing service in performance 
of the resultant contract. The representation will notify contracting 
officers of the applicability of the cloud computing requirements at 
DFARS clause 252.239-7010 of the contract.
    d. DFARS clause 252.239-7010, Cloud Computing Services, requires 
reporting of cyber incidents that occur when DoD is purchasing cloud 
computing services.
    These DFARS provisions and clauses facilitate mandatory cyber 
incident reporting requirements in accordance with statutory 
regulations. When reports are submitted, DoD will analyze the reported 
information for cyber threats and vulnerabilities in order to develop 
response measures as well as improve U.S. Government understanding of 
advanced cyber threat activity. In addition, the security requirements 
in NIST SP 800-171 are specifically tailored for use in protecting 
sensitive information residing in contractor information systems and 
generally reduce the burden placed on contractors by eliminating 
Federal-centric processes and requirements. The information provided 
will inform the Department in assessing the overall risk to DoD covered 
defense information on unclassified contractor systems and networks.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Respondent's Obligation: Required to obtain or retain benefits.
    Number of Respondents: 2,017.
    Responses per Respondent: Approximately 17.35.
    Annual Responses: 34,974.
    Average Burden per Response: .29 hours.
    Annual Burden Hours: 10,071.
    Frequency: On occasion.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2019-10459 Filed 5-21-19; 8:45 am]
 BILLING CODE 5001-06-P