[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Page 53462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18769]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2022-0016; OMB Control Number 0704-0478]


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

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

ACTION: Notice.

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SUMMARY: The Defense Acquisition Regulations System has submitted to 
OMB for clearance the following proposal for collection of information 
under the provisions of the Paperwork Reduction Act.

DATES: Consideration will be given to all comments received by 
September 30, 2022.

SUPPLEMENTARY INFORMATION:
    Title and OMB Number: Safeguarding Covered Defense Information, 
Cyber Incident Reporting, and Cloud Computing; OMB Control Number 0704-
0478.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Respondent's Obligation: Required to obtain or retain benefits.
    Type of Request: Extension of a currently approved collection.
    Number of Respondents: 2,097.
    Responses per Respondent: 7.99, approximately.
    Annual Responses: 16,760.
    Average Burden per Response: 0.46 hours.
    Annual Burden Hours: 7,695.
    Reporting Frequency: On occasion.
    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.
    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 DoD in assessing the overall risk to DoD covered defense 
information on unclassified contractor systems and networks.
    Comments and recommendations on the proposed information collection 
should be sent to Ms. Susan Minson, DoD Desk Officer, at 
[email protected]. Please identify the proposed information 
collection by DoD Desk Officer and the Docket ID number and title of 
the information collection.
    You may also submit comments, identified by docket number and 
title, by the following method: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
    DoD Clearance Officer: Ms. Angela Duncan. Requests for copies of 
the information collection proposal should be sent to Ms. Duncan at 
[email protected].

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2022-18769 Filed 8-30-22; 8:45 am]
BILLING CODE 5001-06-P