Agency Information Collection Activities; Request for Comments; Revision of the BJS Confidentiality Pledge, 23301-23303 [2017-10345]

Download as PDF mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices Substances Act (CSA), ‘‘upon a finding that the registrant . . . has had his State license . . . suspended [or] revoked . . . by competent State authority and is no longer authorized by State law to engage in the . . . dispensing of controlled substances.’’ Also, DEA has long held that the possession of authority to dispense controlled substances under the laws of the State in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner’s registration. See, e.g., James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, 481 Fed. Appx. 826 (4th Cir. 2012); see also Frederick Marsh Blanton, 43 FR 27616 (1978) (‘‘State authorization to dispense or otherwise handle controlled substances is a prerequisite to the issuance and maintenance of a Federal controlled substances registration.’’). This rule derives from the text of two provisions of the Controlled Substances Act (CSA). First, Congress defined ‘‘the term ‘practitioner’ [to] mean[ ] a . . . physician . . . or other person licensed, registered or otherwise permitted, by . . . the jurisdiction in which he practices . . . to distribute, dispense, [or] administer . . . a controlled substance in the course of professional practice.’’ 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner’s registration, Congress directed that ‘‘[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.’’ 21 U.S.C. 823(f). Moreover, because ‘‘the controlling question’’ in a proceeding brought under 21 U.S.C. 824(a)(3) is whether the holder of a DEA registration ‘‘is currently authorized to handle controlled substances in the [S]tate,’’ Hooper, 76 FR at 71371 (quoting Anne Lazar Thorn, 62 FR 12847, 12848 (1997)), the Agency has also long held that revocation is warranted even where a practitioner has lost his state authority by virtue of the State’s use of summary process and the State has yet to provide a hearing to challenge the suspension. Bourne Pharmacy, 72 FR 18273, 18274 (2007); Wingfield Drugs, 52 FR 27070, 27071 (1987). Thus, for the purposes of the CSA, it is of no consequence that the Wyoming Medical Board has employed summary process in suspending Registrant’s state license. As found above, on November 29, 2016, the Wyoming Board of Medicine ordered the summary suspension of Registrant’s Physician License effective the same day, thereby suspending ‘‘his authority and ability to practice VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 medicine in the state of Wyoming.’’ GX 3, at 18. I therefore find that Registrant lacks authority to dispense controlled substances in Wyoming, the State in which he is registered with the Agency and that he is not entitled to maintain his registration. See Hooper, 76 FR at 71371; Blanton, 43 FR 27616. Accordingly, I will order that his registration be revoked. 21 U.S.C. 824(a)(3). Order Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well as 28 CFR 0.100(b), I order that DEA Certificate of Registration No. FK5578464 issued to Shakeel A. Kahn, M.D., be, and it hereby is, revoked. I further order that any application of Shakeel A. Khan, M.D., to renew or modify this registration be, and it hereby is, denied. This Order is effective immediately.1 Dated: May 15, 2017. Chuck Rosenberg, Acting Administrator. [FR Doc. 2017–10386 Filed 5–19–17; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE [OMB Number 1121–NEW] Agency Information Collection Activities; Request for Comments; Revision of the BJS Confidentiality Pledge Bureau of Justice Statistics, U.S. Department of Justice. ACTION: Notice. AGENCY: 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. The revisions to the confidentiality pledge were previously published in the Federal Register on SUMMARY: 1 For the same reasons that led the Wyoming Board to summarily suspend Registrant’s medical license, I find that the public interest necessitates that this order be effective immediately. 21 CFR 1316.67. PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 23301 March 20, 2017, allowing for a 60 day comment period. BJS received and responded to one comment. DATES: Comments are encouraged and will be accepted for 30 days until June 21, 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, D.C. 20531; email: Devon.Adams@usdoj.gov; 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 Allina.Lee@usdoj.gov; 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, D.C. 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. § 3789g. Strong and trusted confidentiality and exclusively statistical use pledges under Title 42 U.S.C. § 3789g 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 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 E:\FR\FM\22MYN1.SGM 22MYN1 mstockstill on DSK30JT082PROD with NOTICES 23302 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices 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. § 3789g 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. No. 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 VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 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. § 3789g 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. PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 OMB control No. Information collection title 1121–0094 ..... Deaths in Custody Reporting Program. National Corrections Reporting Program. 1121–0065 ..... 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 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. Section 9. The Census Bureau issued a Federal Register notice (FRN) to revise its confidentiality pledge language to address the new cybersecurity screening E:\FR\FM\22MYN1.SGM 22MYN1 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices 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 ..... 1121–0184 ..... NCVS. School Crime Supplement to the NCVS. Identity Theft Supplement to the NCVS. Police Public Contact Supplement to the NCVS. Supplemental Victimization Survey to the NCVS. 1121–0317 ..... 1121–0260 ..... 1121–0302 ..... 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-activitiesrequest-for-comments-revision-of-theconfidentiality-pledge. The Census Bureau is currently reviewing and preparing responses to the comments it received and 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-ofcontact listed in the notice. mstockstill on DSK30JT082PROD with NOTICES III. Data OMB Control Number: 1121–0358. Legal Authority: 44 U.S.C. 3506(e) and 42 U.S.C. 3789g. Form Number(s): None. Comments are invited on the efficacy of BJS’s revised confidentiality pledge 23:17 May 19, 2017 Dated: May 17, 2017. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2017–10345 Filed 5–19–17; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection Requests Submitted for Public Comment Employee Benefits Security Administration, Department of Labor. ACTION: Notice. AGENCY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995 (PRA), provides the general public and SUMMARY: IV. Request for Comments VerDate Sep<11>2014 above. Comments submitted in response to this notice will become a matter of public record. BJS received one comment during the 60-day notice period. The commenter questioned why BJS chose not to specifically reference who (cybersecurity personnel, or DHS personnel) would conduct the cybersecurity screening activities authorized by the Cybersecurity Act of 2015. BJS responded with information about the process it followed to revise the confidentiality pledge, including using the results of pretesting that other statistical agencies conducted on different versions of revised language and coordinating with OJP’s Office of General Counsel to ensure that the new pledge language fulfills BJS’s statutory obligation to inform respondents that their data may be accessed by others for non-statistical purposes. BJS also directed the commenter to the information added to the BJS Data Protection guidelines (Section V. Information System Security and Privacy Requirements) that provides more details about the Act and the associated monitoring activities. BJS is not proposing edits to its confidentiality pledge, though it will consider conducting pretesting activities on its various respondent populations and developing more detailed guidance for staff and contractors on how to answer respondents’ questions about the Act. 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. Jkt 241001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 23303 Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. The Employee Benefits Security Administration (EBSA) is soliciting comments on the proposed extension of the information collection requests (ICRs) contained in the documents described below. A copy of the ICRs may be obtained by contacting the office listed in the ADDRESSES section of this notice. ICRs also are available at reginfo.gov (http://www.reginfo.gov/ public/do/PRAMain). DATES: Written comments must be submitted to the office shown in the Addresses section on or before July 21, 2017. ADDRESSES: G. Christopher Cosby, Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue NW., Room N–5718, Washington, DC 20210, ebsa.opr@dol.gov, (202) 693–8410, FAX (202) 693–4745 (these are not toll-free numbers). SUPPLEMENTARY INFORMATION: This notice requests public comment on the Department’s request for extension of the Office of Management and Budget’s (OMB) approval of ICRs contained in the rules and prohibited transaction exemptions described below. The Department is not proposing any changes to the existing ICRs at this time. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a valid OMB control number. A summary of the ICRs and the current burden estimates follows: Agency: Employee Benefits Security Administration, Department of Labor. Title: Prohibited Transaction Exemption (PTE) 81–8 for Investment of Plan Assets in Certain Types of ShortTerm Investments. Type of Review: Extension of a currently approved collection of information. OMB Number: 1210–0061. Affected Public: Businesses or other for-profits, Not-for-profit institutions. Respondents: 65,000. Responses: 325,000. Estimated Total Burden Hours: 81,000. Estimated Total Burden Cost (Operating and Maintenance): $99,000. Description: PTE 81–8 permits the investment of plan assets that involve E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23301-23303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10345]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

[OMB Number 1121-NEW]


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. The revisions to the 
confidentiality pledge were previously published in the Federal 
Register on March 20, 2017, allowing for a 60 day comment period. BJS 
received and responded to one comment.

DATES:  Comments are encouraged and will be accepted for 30 days until 
June 21, 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, D.C. 20531; email: Devon.Adams@usdoj.gov; 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 
Allina.Lee@usdoj.gov; 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, D.C. 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. Sec.  
3789g. Strong and trusted confidentiality and exclusively statistical 
use pledges under Title 42 U.S.C. Sec.  3789g 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 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

[[Page 23302]]

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. Sec.  3789g 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. No. 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. Sec.  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. 
Sec.  3789g 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. Sec.  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. Sec.  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. Sec.  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. Sec.  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 
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. Section 9. The Census 
Bureau issued a Federal Register notice (FRN) to revise its 
confidentiality pledge language to address the new cybersecurity 
screening

[[Page 23303]]

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 is currently reviewing and 
preparing responses to the comments it received and 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. 3789g.
    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. BJS received one comment 
during the 60-day notice period. The commenter questioned why BJS chose 
not to specifically reference who (cybersecurity personnel, or DHS 
personnel) would conduct the cybersecurity screening activities 
authorized by the Cybersecurity Act of 2015. BJS responded with 
information about the process it followed to revise the confidentiality 
pledge, including using the results of pretesting that other 
statistical agencies conducted on different versions of revised 
language and coordinating with OJP's Office of General Counsel to 
ensure that the new pledge language fulfills BJS's statutory obligation 
to inform respondents that their data may be accessed by others for 
non-statistical purposes. BJS also directed the commenter to the 
information added to the BJS Data Protection guidelines (Section V. 
Information System Security and Privacy Requirements) that provides 
more details about the Act and the associated monitoring activities. 
BJS is not proposing edits to its confidentiality pledge, though it 
will consider conducting pretesting activities on its various 
respondent populations and developing more detailed guidance for staff 
and contractors on how to answer respondents' questions about the Act.
    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: May 17, 2017.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2017-10345 Filed 5-19-17; 8:45 am]
 BILLING CODE 4410-18-P