Notice2022-25036
Agency Information Collection Activities; Proposed eCollection eComments Requested
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 17, 2022
Issuing agencies
Justice DepartmentJustice Programs Office
Abstract
The Department of Justice, Office of Justice Programs, Bureau of Justice Statistics is submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Full Text
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<title>Federal Register, Volume 87 Issue 221 (Thursday, November 17, 2022)</title>
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[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 69046-69048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25036]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
[OMB Number 1121-NEW]
Agency Information Collection Activities; Proposed eCollection
eComments Requested
AGENCY: Bureau of Justice Statistics, Office of Justice Programs,
Department of Justice.
ACTION: 60 Day notice.
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SUMMARY: The Department of Justice, Office of Justice Programs, Bureau
of Justice Statistics is submitting the following information
collection request to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act of
1995.
DATES: The Department of Justice encourages public comment and will
accept input until January 16, 2023.
FOR FURTHER INFORMATION CONTACT: If you have additional comments
especially on the estimated public
[[Page 69047]]
burden or associated response time, suggestions, or additional
information, please contact the Bureau of Justice Statistics, 810
Seventh Street NW, Washington, DC 20531; telephone (202) 307-0765 or
send an email to <a href="/cdn-cgi/l/email-protection#d4b5a7bfb6bea794a1a7b0bbbefab3bba2"><span class="__cf_email__" data-cfemail="1677657d747c6556636572797c38717960">[email protected]</span></a>. Please include ``STANDARD
APPLICATION PROCESS'' in the subject line.
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the
public and affected agencies concerning the proposed collection of
information are encouraged. Your comments should address one or more of
the following four points:
<bullet> Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Bureau of
Justice Statistics, including whether the information will have
practical utility;
<bullet> Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information;
<bullet> Evaluate whether and if so how the quality, utility, and
clarity of the information to be collected can be enhanced; and
<bullet> Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Overview of This Information Collection
1. Type of Information Collection: Request for access.
2. The Title of the Form/Collection: Data Security Requirements for
Accessing Confidential Data.
3. The agency form number, if any, and the applicable component of
the Department of Justice sponsoring the collection: There is no form
number associated with this information collection. The applicable
component within the Department of Justice is the Bureau of Justice
Statistics (BJS), in the Office of Justice Programs.
4. Affected public who will be asked or required to respond, as
well as a brief abstract: The Foundations for Evidence-Based
Policymaking Act of 2018 mandates that the OMB establish a Standard
Application Process (SAP) for requesting access to certain confidential
data assets for statistical purposes, including evidence-building The
SAP is to be a process through which agencies, the Congressional Budget
Office, State, local, and Tribal governments, researchers, and other
individuals, as appropriate, may apply to access confidential data
assets held by a federal statistical agency or unit for the purposes of
developing evidence. With the Interagency Council on Statistical Policy
(ICSP) as advisors, the entities upon whom this requirement is levied
are working with the SAP Project Management Office (PMO) and with OMB
to implement the SAP. The SAP Portal is to be a single web-based common
application for requesting access to confidential data assets from
federal statistical agencies and units. On behalf of BJS and the other
federal statistical agencies and units, the National Center for Science
and Engineering Statistics (NCSES) submitted a Federal Register Notice
in September 2022 announcing plans to collect information through the
SAP Portal (87 FR 53793).
Once an application for confidential data is approved through the
SAP Portal, BJS will collect information to meet its data security
requirements when providing access to restricted use (confidential)
microdata for the purpose of evidence building. This collection will
occur outside of the SAP Portal. BJS's data security agreements and
other paperwork along with the corresponding security protocols allow
the agency to maintain careful controls on confidentiality and privacy,
as required by law. If an application requesting access to an BJS-owned
confidential data asset is approved, BJS will contact the applicant(s)
to initiate the process of collecting the following information to
fulfill its data security requirements:
<bullet> Restricted data use agreement--This document is an
agreement between BJS's official archive (currently the National
Archive of Criminal Justice Data [NACJD]), on behalf of BJS, and the
user(s) who is approved to access BJS's confidential data assets
exclusively for statistical purposes, including evidence-building, in
accordance with the terms and conditions stated in the agreement and
all applicable federal laws and regulations. An applicant must submit
the appropriate data security plan information to describe how they
will protect the data from misuse and unauthorized access. The
agreement describes the penalties associated with the misuse or
unauthorized access of the data. The agreement requires signature from
the applicant(s) and any other representative who has the authority to
enter into a legal agreement with NACJD, as applicable.
<bullet> Privacy Certificate--Office of Justice Programs
regulations at 28 CFR part 22 require that a Privacy Certificate be
submitted as part of any application for a project in which information
identifiable to a private person will be collected, analyzed, or
otherwise used for research or statistical purposes. The Privacy
Certificate describes the specific technical, administrative, and
physical controls and procedures that will be used to protect data
confidentiality and safeguard the data from misuse or unauthorized
access. The Privacy Certificate is an applicant's certification to
comply with BJS's confidentiality requirements. All individuals who
will have access to the confidential BJS data are required to sign a
Privacy Certificate to affirm their understanding of and agreement to
comply with BJS's confidentiality requirements.
<bullet> Data security plan--This document describes the data
access modality requested (physical enclave, virtual enclave, or secure
download) and the specific data security measures and technical,
physical, and administrative controls that will be followed to protect
data from unauthorized disclosure and misuse.
<bullet> Confidentiality pledge--This document describes the
applicant's responsibilities related to accessing restricted data and
confidentiality protections the applicant(s) must uphold, including
adhering to applicable federal laws and regulations. The assurance
requires signature from the applicant(s) and certifies their
understanding of and agreement to fulfill the terms in the data use
agreement and data security plan.
<bullet> Institutional Review Board (IRB) documentation--Users of
BJS restricted data must comply with Department of Justice regulations
at 28 CFR part 46 (Protection of Human Subjects), including ensuring
that adequate protections are in place to protect the confidentiality
of information identifiable to a private person. Applicants must submit
the appropriate documentation to demonstrate that an IRB has approved
or exempted the proposed project using BJS restricted data in
accordance with the requirements in 28 CFR part 46.
<bullet> Certification of training--Users of BJS restricted data
will be required to complete relevant data security, confidentiality,
and privacy training, as appropriate, and provide written certification
of completion.
5. An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: The amount of time
to complete the agreements and other paperwork that comprise BJS's
security requirements will vary based on the confidential data assets
requested. To obtain access to BJS confidential data assets, it is
estimated that the average
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time to complete and submit BJS's data security agreements, IRB
application, and other paperwork is 3 hours (180 minutes). This
estimate does not include the time needed to complete and submit an
application within the SAP Portal or time waiting to receive a decision
from an IRB determination after submitting an application. All efforts
related to SAP Portal applications occur prior to and separate from
BJS's effort to collect information related to data security
requirements.
6. An estimate of the total public burden (in hours) associated
with the collection: The expected number of applications in the SAP
Portal that receive a positive determination from BJS in a given year
may vary. Overall, per year, BJS estimates it will collect data
security information for 55 application submissions that received a
positive determination within the SAP Portal. BJS estimates that the
total burden for the collection of information for data security
requirements over the course of the three-year OMB clearance will be
about 495 hours and, as a result, an average annual burden of 165
hours.
If additional information is required contact: Robert Houser,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, United States Department of Justice, Two
Constitution Square, 145 N Street NE, 3E.206, Washington, DC 20530.
Dated: November 14, 2022.
Robert Houser,
Department Clearance Officer for PRA, Policy and Planning Staff, Office
of the Chief Information Officer, U.S. Department of Justice.
[FR Doc. 2022-25036 Filed 11-16-22; 8:45 am]
BILLING CODE 4410-18-P
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