[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67865-67867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24593]


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DEPARTMENT OF COMMERCE

Census Bureau

Bureau of Economic Analysis


Agency Information Collection Activities: Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request

AGENCY: U.S. Census Bureau and the U.S. Bureau of Economic Analysis, 
Commerce.

ACTION: Notice.

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SUMMARY: The U.S. Census Bureau and the U.S. Bureau of Economic 
Analysis within the U.S. Department of Commerce invite the general 
public and other Federal agencies to comment on a proposed information 
collection. The U.S. Census Bureau and the U.S. Bureau of Economic 
Analysis plan to collect information from the public to fulfill their 
data security requirements when providing access to restricted use 
microdata for the purpose of evidence building. The U.S. Census Bureau 
and U.S. Bureau of Economic Analysis's data security agreements and 
other paperwork along with the corresponding security protocols allow 
the U.S. Census Bureau and the U.S. Bureau of Economic Analysis to 
maintain careful controls on

[[Page 67866]]

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.

FOR FURTHER INFORMATION CONTACT: 
    Heather Madray, Senior Research Review Coordinator, U.S. Census 
Bureau, 4600 Silver Hill Road, Washington, DC 20233; telephone (301) 
763-1484; or send email to [email protected].
    James Fetzer, Research Data Center Administrator, U.S. Bureau of 
Economic Analysis, 4600 Silver Hill Road, Washington, DC 20233; 
telephone (301) 278-9124; or send email to [email protected].
    Individuals who use a telecommunications device for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339, which is accessible 24 hours a day, 7 days a week, 365 days a 
year (including Federal holidays).

SUPPLEMENTARY INFORMATION: 
    Comments: Comments are invited on (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the U.S. Census Bureau and the U.S. Bureau of Economic 
Analysis, including whether the information will have practical 
utility; (b) the accuracy of the U.S. Census Bureau and the U.S. Bureau 
of Economic Analysis'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.
    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. 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. 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 U.S. Census Bureau and the U.S. Bureau of Economic 
Analysis will collect information to meet its data security 
requirements. This collection will occur outside of the SAP Portal.
    Title of collection: Data Security Requirements for Accessing 
Confidential Data.
    OMB Control Number: 0607-NEW.
    Expiration Date of Current Approval: Not Applicable.
    Type of Review: Regular Submission.
    Affected Public: Members of the public who are seeking a security 
clearance with either the U.S. Census Bureau or the U.S. Bureau of 
Economic Analysis.
    Estimated Number of Respondents: 640.
    Estimated Time per Response: 57 minutes for the U.S. Bureau of 
Economic Analysis and 345 minutes for the U.S. Census Bureau; This 
estimate includes completion of paperwork and training requirements.
    Estimated Total Annual Cost to the Public: $1.59 million.
    Respondent's Obligation: Mandatory.
    Legal Authority: 13 U.S.C. Sections 9 and 23(c) for Census; 22 
U.S.C. Section 3104 and 15 CFR part 80 for BEA.
    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 certain 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 the law governing 
the data-owning agency.
    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 potential benefits of access to data for 
evidence building notwithstanding, the U.S. Census Bureau and the U.S. 
Bureau of Economic Analysis are required by the law governing their 
activities to maintain controls to protect the confidentiality and 
privacy of the data they collect.
    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 such access. Once an individual's 
application in the SAP Portal has received a positive determination by 
the data-owning agency, 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 the process for BEA and Census to 
collect information fulfilling their data security requirements, 
consistent with their statutory requirements.

Collection of Information for Data Security Requirements

    In the instance of a positive determination for an application 
requesting access to a U.S. Census Bureau and/or a U.S. Bureau of 
Economic Analysis confidential data asset through the SAP process, the 
U.S. Census Bureau and/or the U.S. Bureau of Economic Analysis will 
contact the applicant(s) to initiate the process of collecting 
information to fulfill their security requirements. These requirements 
include additional information 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, and data use agreements.
    The U.S. Census Bureau and the U.S. Bureau of Economic Analysis's 
data security requirements include the collection of all or some of the 
following

[[Page 67867]]

information. The agency that requires each individual form is noted 
below:

 Form BC-1759, Special Sworn Status--U.S. Census Bureau
 Form CD-591, Department of Commerce Personal Identity 
Verification (PIV) Request--U.S. Census Bureau
 Fair Credit Release--U.S. Census Bureau
 Selective Service Form--U.S. Census Bureau
 Foreign National Residence History--U.S. Census Bureau
 Initial Information Sheet--U.S. Census Bureau
 Researcher Semi-Annual Contact Information and Travel History 
Update--U.S. Census Bureau
 Sworn Statement (Affirmation) of Nondisclosure for Consultant 
to BEA--U.S. Bureau of Economic Analysis
 Annual Census Bureau Data Handling University Training, 
including:
    [cir] Data Stewardship & Controlled Unclassified Information (CUI)
    [cir] Title 13 Awareness Course
    [cir] Title 26 Awareness Training
    [cir] Cybersecurity Awareness & Protection Course
 Annual Census Bureau Records Management Training
 Annual Bureau of Economic Analysis Title 26 Awareness Training
 Annual Bureau of Economic Analysis Data Stewardship and IT 
Security Training
 Annual Bureau of Economic Analysis Records Management 101 
Training
 Annual Bureau of Economic Analysis Active Shooter Training
 Annual Bureau of Economic Analysis Employees Safety Training

    Estimate of Burden: The amount of time to complete the agreements 
and other paperwork that comprise the U.S. Census Bureau and the U.S. 
Bureau of Economic Analysis's security requirements will vary based on 
the confidential data assets requested and the access modality. To 
obtain access to U.S. Census Bureau and U.S. Bureau of Economic 
Analysis confidential data assets, it is estimated that the average 
time to complete and submit the U.S. Census Bureau and the U.S. Bureau 
of Economic Analysis's data security agreements and other paperwork is 
45 minutes for the U.S. Census Bureau and 12 minutes for the U.S. 
Bureau of Economic Analysis. 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 the U.S. Census Bureau and the U.S. Bureau of Economic Analysis's 
effort to collect information related to data security requirements. In 
addition, annual trainings are required to obtain and maintain a 
security clearance. It is estimated that the average time to complete 
the Census Bureau's Data Handling University and Records Management 
Training is 300 minutes.
    The expected number of applications in the SAP Portal that receive 
a positive determination from the U.S. Census Bureau and the U.S. 
Bureau of Economic Analysis in a given year may vary. Overall, per 
year, the U.S. Census Bureau and the U.S. Bureau of Economic Analysis 
estimate they will collect data security information for a total of 260 
application submissions that received a positive determination within 
the SAP Portal. The U.S. Census Bureau and the U.S. Bureau of Economic 
Analysis estimate that the total burden for the collection of 
information for data security requirements and completion of training 
over the course of the three-year OMB clearance will be about 10,503 
hours and, as a result, an average annual burden of 3,501 hours.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2022-24593 Filed 11-9-22; 8:45 am]
BILLING CODE 3510-07-P