Notice2022-24524
Agency Information Collection Activities: Comment Request
Primary source
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Published
November 10, 2022
Issuing agencies
Agriculture DepartmentNational Agricultural Statistics Service
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
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[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67862-67864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#aec1c3ccc1c8c8c7cdcbdceec0cfdddd80dbddcacf80c9c1d8"><span class="__cf_email__" data-cfemail="7f10121d101919161c1a0d3f111e0c0c510a0c1b1e51181009">[email protected]</span></a>. Include docket number
above in the subject line of the message.
<bullet> E-fax: (855) 838-6382.
<bullet> 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.
<bullet> 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
<a href="/cdn-cgi/l/email-protection#c2adafa0ada4a4aba1a7b082aca3b1b1ecb7b1a6a3eca5adb4"><span class="__cf_email__" data-cfemail="87e8eae5e8e1e1eee4e2f5c7e9e6f4f4a9f2f4e3e6a9e0e8f1">[email protected]</span></a>.
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 <a href="http://www.researchdatagov.org">www.researchdatagov.org</a>.
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:
<bullet> 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.
<bullet> 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.
<bullet> 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.
<bullet> 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]
BILLING CODE 3410-20-P
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