[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67862-67864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24524]


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DEPARTMENT OF AGRICULTURE

National Agricultural Statistics Service


Agency Information Collection Activities: Comment Request

AGENCY: National Agricultural Statistics Service, U.S. Department of 
Agriculture.

ACTION: Notice.

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SUMMARY: The National Agricultural Statistics Service (NASS) within US 
Department of Agriculture (USDA) invites the general public and other 
Federal agencies to comment on a proposed information collection. NASS 
plans to collect information from the public to fulfill its data 
security requirements when providing access to restricted use data for 
the purpose of evidence building. NASS's data security agreements and 
other paperwork along with the corresponding security protocols allow 
NASS to maintain careful controls on confidentiality and privacy, as 
required by law. The purpose of this notice is to allow for 60 days of 
public comment on the proposed data security information collection, 
prior to submission of the information collection request (ICR) to the 
Office of Management and Budget (OMB).

DATES: Written comments on this notice must be received by January 9, 
2023 to be assured of consideration. Comments received after that date 
will be considered to the extent practicable. Send comments to the 
address below.
    Comments: Comments are invited on (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the National Agricultural Statistics Service (NASS), 
including whether the information will have practical utility; (b) the 
accuracy of NASS's estimate of the burden of the proposed collection of 
information; (c) ways to enhance the quality, use, and clarity of the 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology; and (d) 
ways to 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.

ADDRESSES: You may submit comments, identified by docket number 0535-
NEW, by any of the following methods:
     Email: [email protected]. Include docket number 
above in the subject line of the message.
     E-fax: (855) 838-6382.
     Mail: Mail any paper, disk, or CD-ROM submissions to: 
Richard Hopper, NASS Clearance Officer, U.S. Department of Agriculture, 
Room 5336 South Building, 1400 Independence Avenue SW, Washington, DC 
20250-2024.
     Hand Delivery/Courier: Hand deliver to: Richard Hopper, 
NASS Clearance Officer, U.S. Department of Agriculture, Room 5336 South 
Building, 1400 Independence Avenue SW, Washington, DC 20250-2024.

FOR FURTHER INFORMATION CONTACT: Kevin L. Barnes, Associate 
Administrator, National Agricultural Statistics Service, U.S. 
Department of Agriculture, (202) 720-2707. Copies of this information 
collection and related instructions can be obtained without charge from 
Richard Hopper, NASS--OMB Clearance Officer, at (202) 720-2206 or at 
[email protected].

SUPPLEMENTARY INFORMATION: The Foundations for Evidence-Based 
Policymaking Act of 2018 mandates that the Office of Management and 
Budget (OMB) establish a Standard Application Process (SAP) for 
requesting access to certain confidential data assets. While the 
adoption of the SAP is required for statistical agencies and units 
designated under the Confidential Information Protection and 
Statistical Efficiency Act (CIPSEA), it is recognized that other 
agencies and organizational units within the Executive branch may 
benefit from the adoption of the SAP to accept applications for access 
to confidential data assets. 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 the 
public to request access to confidential data assets from federal 
statistical agencies and units. The National Center for Science and 
Engineering Statistics (NCSES), within the National Science Foundation 
(NSF), 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, the National Agricultural

[[Page 67863]]

Statistics Service will collect information to meet its data security 
requirements. This collection will occur outside of the SAP Portal.
    Title of collection: NASS Data Security Requirements for Accessing 
Confidential Data.
    OMB Control Number: 0535-NEW.
    Expiration Date of Current Approval: Not Applicable.
    Type of Request: Intent to seek approval to collect information 
from the public to fulfill the National Agricultural Statistics Service 
security requirements allowing individuals to access confidential data 
assets for the purposes of building evidence.

Abstract

    Title III of the Foundations for Evidence-Based Policymaking Act of 
2018 (hereafter referred to as the Evidence Act) mandates that OMB 
establish a Standard Application Process (SAP) for requesting access to 
certain confidential data assets. Specifically, the Evidence Act 
requires OMB to establish a common application process through which 
agencies, the Congressional Budget Office, State, local, and Tribal 
governments, researchers, and other individuals, as appropriate, may 
apply for access to confidential data assets collected, accessed, or 
acquired by a statistical agency or unit. This new process will be 
implemented while maintaining stringent controls to protect 
confidentiality and privacy, as required by law.
    Data collected, accessed, or acquired by statistical agencies and 
units is vital for developing evidence on conditions, characteristics, 
and behaviors of the public and on the operations and outcomes of 
public programs and policies. This evidence can benefit the 
stakeholders in the programs, the broader public, as well as 
policymakers and program managers at the local, State, Tribal, and 
National levels. The many benefits of access to data for evidence 
building notwithstanding, National Agricultural Statistics Service is 
required by law to maintain careful controls that allow it to minimize 
disclosure risk while protecting confidentiality and privacy. The 
fulfillment of National Agricultural Statistics Service's data security 
requirements places a degree of burden on the public, which is outlined 
below.
    The SAP Portal is a web-based application for the public to request 
access to confidential data assets from federal statistical agencies 
and units. The objective of the SAP Portal is to increase public access 
to confidential data for the purposes of evidence building and reduce 
the burden of applying for confidential data. Once an individual's 
application in the SAP Portal has received a positive determination, 
the data-owning agency(ies) or unit(s) will begin the process of 
collecting information to fulfill their data security requirements.
    The paragraphs below outline the SAP Policy, the steps to complete 
an application through the SAP Portal, and the process for agencies to 
collect information fulfilling their data security requirements.

The SAP Policy

    At the recommendation of the ICSP, the SAP Policy establishes the 
SAP to be implemented by statistical agencies and units and 
incorporates directives from the Evidence Act. The policy is intended 
to provide guidance as to the application and review processes using 
the SAP Portal, setting forth clear standards that enable statistical 
agencies and units to implement a common application form and a uniform 
review process. The SAP Policy was submitted to the public for comment 
in January 2022 (87 FR 2459). The policy is currently under review and 
has not yet been finalized.

The SAP Portal

    The SAP Portal is an application interface connecting applicants 
seeking data with a catalog of data assets owned by the federal 
statistical agencies and units. The SAP Portal is not a new data 
repository or warehouse; confidential data assets will continue to be 
stored in secure data access facilities owned and hosted by the federal 
statistical agencies and units. The Portal will provide a streamlined 
application process across agencies, reducing redundancies in the 
application process. This single SAP Portal will improve the process 
for applicants, tracking and communicating the application process 
throughout its lifecycle. This reduces redundancies and burden on 
applicants that request access to data from multiple agencies. The SAP 
Portal will automate key tasks to save resources and time and will 
bring agencies into compliance with the Evidence Act statutory 
requirements.

Data Discovery

    Individuals begin the process of accessing restricted use data by 
discovering confidential data assets through the SAP data catalog, 
maintained by federal statistical agencies at www.researchdatagov.org. 
Potential applicants can search by agency, topic, or keyword to 
identify data of interest or relevance. Once they have identified data 
of interest, applicants can view metadata outlining the title, 
description or abstract, scope and coverage, and detailed methodology 
related to a specific data asset to determine its relevance to their 
research.
    While statistical agencies and units shall endeavor to include 
metadata in the SAP data catalog on all confidential data assets for 
which they accept applications, it may not be feasible to include 
metadata for some data assets (e.g., potential curated versions of 
administrative data). A statistical agency or unit may still accept an 
application through the SAP Portal even if the requested data asset is 
not listed in the SAP data catalog.

SAP Application Process

    Individuals who have identified and wish to access confidential 
data assets will be able to apply for access through the SAP Portal 
when it is released to the public in late 2022. Applicants must create 
an account and follow all steps to complete the application. Applicants 
begin by entering their personal, contact, and institutional 
information, as well as the personal, contact, and institutional 
information of all individuals on their research team. Applicants 
proceed to provide summary information about their proposed project, to 
include project title, duration, funding, timeline, and other details 
including the data asset(s) they are requesting and any proposed 
linkages to data not listed in the SAP data catalog, including non-
federal data sources. Applicants then proceed to enter detailed 
information regarding their proposed project, including a project 
abstract, research question(s), literature review, project scope, 
research methodology, project products, and anticipated output. 
Applicants must demonstrate a need for confidential data, outlining why 
their research question cannot be answered using publicly available 
information.

Submission for Review

    Upon submission of their application, applicants will receive a 
notification that their application has been received and is under 
review by the data owning agency or agencies (in the event where data 
assets are requested from multiple agencies). At this point, applicants 
will also be notified that application approval does not alone grant 
access to confidential data, and that, if approved, applicants must 
comply with the data-owning agency's security requirements outside of 
the SAP Portal, which may include a background check.
    In accordance with the Evidence Act and the direction of the ICSP, 
agencies

[[Page 67864]]

will approve or reject an application within a prompt timeframe. In 
some cases, agencies may determine that additional clarity, 
information, or modification is needed and request the applicant to 
``revise and resubmit'' their application.
    Data discovery, the SAP application process, and the submission for 
review are planned to take place within the web-based SAP Portal. As 
noted above, the notice announcing plans to collect information through 
the SAP Portal has been published separately (87 FR 53793).

Access to Restricted Use Data

    In the event of a positive determination, the applicant will be 
notified that their proposal has been accepted. The positive or final 
adverse determination concludes the SAP Portal process. In the instance 
of a positive determination, the data-owning agency (or agencies) will 
contact the applicant to provide instructions on the agency's security 
requirements that must be completed to gain access to the confidential 
data. The completion and submission of the agency's security 
requirements will take place outside of the SAP Portal.

Collection of Information for Data Security Requirements

    In the instance of a positive determination for an application 
requesting access to a National Agricultural Statistics Service (NASS) 
confidential data asset, NASS will contact the applicant(s) to initiate 
the process of collecting information to fulfill their security 
requirements. These include additional requirements necessary for the 
statistical agency or unit to place the applicant(s) in a trusted 
category that may include the applicant's successful completion of a 
background investigation, confidentiality training, nondisclosure, 
inspection of the site the confidential data will be accessed, and data 
use agreements.
    NASS's data security requirements include the collection of the 
following:
     Security Briefing: NASS personnel provide a Security 
Briefing to all applicants who were approved access to restricted data. 
The Briefing is provided prior to the applicant completing the three 
forms listed below and includes information on the Confidential 
Information Protection and Statistical Efficiency Act of 2018, Title 
III of Public Law 115-435, codified in 44 U.S.C. Ch. 35 and other 
applicable Federal laws that protect the restricted data.
     Completion of form ADM-043, Certification and Restrictions 
on Use of Unpublished Data. This form is required to be signed by 
researchers who have been approved to access unpublished NASS data 
(alternatively, some approved researchers complete on-line training in 
lieu of completing this form). The form contains excerpts of the 
various laws that apply to the unpublished data being provided to the 
researcher. The form explains the restrictions associated with the 
unpublished data and includes a place for the research to sign the 
form, thereby acknowledging the restrictions and agreeing to abide by 
them.
     Completion of User Attestation Form. Researchers approved 
to access unpublished NASS data are provided with the document Handbook 
for Special Sworn Data Users of a NASS Data Lab that explains the 
policies and procedures associated with accessing unpublished NASS data 
in a NASS Data Lab (including data enclaves). Each researcher approved 
to access unpublished NASS data is required to sign the User 
Attestation Form to acknowledge they were provided with the Handbook 
for Special Sworn Data Users of a NASS Data Lab and agree to abide by 
its provisions.
     Completion of NASS Site Inspection Checklist. Researchers 
approved to access unpublished NASS data do so using a secure data 
enclave environment accessible at their own location. A NASS employee 
performs a site inspection (either in-person or via a video call) of 
the researcher's location prior to the researcher being granted access 
to the unpublished data. During the site inspection, the NASS employee 
administers the form NASS Site Inspection Checklist, which asks 
questions pertaining to the suitability of the location for restricted 
data access and some of the policies associated with accessing the 
restricted data. The form also collects information about the computer 
the researcher will use to access the NASS data enclave.
    Note: Foreign Nationals who are approved to access NASS 
confidential data assets must also complete form OF-306, Declaration 
for Federal Employment (the form may also be used to assess fitness for 
federal contract employment). Form OF-306 is approved under OMB No. 
3206-0182. Consequently, burden for completing OF-306 is not included 
here.
    Estimate of Burden: The amount of time to complete the agreements 
and other paperwork, Security Briefing, and read the Handbook for 
Special Sworn Data Users that comprise NASS's security requirements 
will vary based on the confidential data assets requested and the 
access modality. To obtain access to NASS confidential data assets, it 
is estimated that the average time to complete and submit NASS's data 
security agreements and other paperwork, Security Briefing, and read 
the Handbook for Special Sworn Data Users is 145 minutes per applicant. 
This estimate does not include the time needed to complete and submit 
an application within the SAP Portal. All efforts related to SAP Portal 
applications occur prior to and separate from NASS's effort to collect 
information related to data security requirements.
    The expected number of applications in the SAP Portal that receive 
a positive determination from NASS in a given year may vary. Overall, 
per year, NASS estimates it will collect data security information from 
200 applicants that received a positive determination within the SAP 
Portal (note: a SAP Portal application may include access for more than 
one applicant) or other restricted use access approval. NASS 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 1,452 hours and, as a result, an average annual burden of 
484 hours.

    Signed at Washington, DC, November 3, 2022.
Kevin L. Barnes,
Associate Administrator.
[FR Doc. 2022-24524 Filed 11-9-22; 8:45 am]
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