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Notice2022-25767

Agency Information Collection Activities; Comment Request; NCES Data Security Requirements for Accessing Restricted Use Data

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Published
November 25, 2022

Issuing agencies

Education Department

Abstract

The National Center for Education Statistics (NCES) within the Institute of Education Sciences, US Department of Education invites the general public and other federal agencies to comment on a proposed information collection request. NCES plans to collect information from individuals to fulfill its data security requirements when providing access to restricted-use microdata for the purpose of evidence building. NCES'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.

Full Text

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<title>Federal Register, Volume 87 Issue 226 (Friday, November 25, 2022)</title>
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[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Notices]
[Pages 72466-72468]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25767]


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DEPARTMENT OF EDUCATION

[Docket No.: ED-2022-SCC-0147]


Agency Information Collection Activities; Comment Request; NCES 
Data Security Requirements for Accessing Restricted Use Data

AGENCY: National Center for Education Statistics, Institute of 
Education Sciences, Department of Education.

ACTION: Notice.

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SUMMARY: The National Center for Education Statistics (NCES) within the 
Institute of Education Sciences, US Department of Education invites the 
general public and other federal agencies to comment on a proposed 
information collection request. NCES plans to collect information from 
individuals to fulfill its data security requirements when providing 
access to restricted-use microdata for the purpose of evidence 
building. NCES'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.

DATES: Written comments on this notice must be received by January 24, 
2023 to be assured of consideration. Comments received after that date 
will be considered to the extent practicable. Send comments to the 
address below.

ADDRESSES: Comments submitted in response to this notice should be 
submitted electronically through the Federal eRulemaking Portal at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by selecting the Docket ID ED-2022-SCC-0147, 
or via postal mail, commercial delivery, or hand delivery. If the 
<a href="http://regulations.gov">regulations.gov</a> site is not available to the public for any reason, ED 
will temporarily accept comments at <a href="/cdn-cgi/l/email-protection#cf868c8ba0aca4aabb82a8bd8faaabe1a8a0b9"><span class="__cf_email__" data-cfemail="bdf4fef9d2ded6d8c9f0dacffdd8d993dad2cb">[email&#160;protected]</span></a>. Please include 
the docket ID number and the title of the information collection 
request when submitting comments. Written requests for information or 
comments submitted by postal mail or delivery should be addressed to 
the Director of the Strategic Collections and Clearance Governance and 
Strategy Division, U.S. Department of Education, 400 Maryland Ave. SW, 
LBJ, Room 6W203, Washington, DC 20202-8240.
    Comments: Comments are invited on (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of NCES, including whether the information will have 
practical utility; (b) the accuracy of NCES 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.

FOR FURTHER INFORMATION CONTACT: For specific questions related to 
information activities, please contact Carrie Clarady, 202-245-6347 or 
<a href="/cdn-cgi/l/email-protection#3c5f5d4e4e5559125f505d4e5d58457c5958125b534a"><span class="__cf_email__" data-cfemail="6d0e0c1f1f0408430e010c1f0c09142d0809430a021b">[email&#160;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 of 2018, 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

[[Page 72467]]

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. The National Center for Science and 
Engineering Statistics (NCSES) within the National Science Foundation 
submitted a Federal Register Notice in September 2022 announcing plans 
to collect information through the SAP Portal (87 FR 53793). NCES will 
request OMB approval to use the SAP after approval is provided to 
NCSES.
    Once an application for confidential data is approved through the 
SAP Portal, NCES will collect information to meet its data security 
requirements. This collection will occur outside of the SAP Portal.
    Title of Collection: NCES Data Security Requirements for Accessing 
Restricted Use Data.
    OMB Control Number: 1850-NEW.
    Type of Request: A new information collection request.
    Respondents/Affected Public: Federal Government; State, local, and 
Tribal governments; Individuals and Households.
    Total Estimated Number of Annual Responses: 80.
    Total Estimated Number of Annual Burden Hours: 60.
    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, NCES is required by law to maintain careful 
controls that allow it to minimize disclosure risk while protecting 
confidentiality and privacy. The fulfillment of NCES's data security 
requirements places a degree of burden on individuals, which is 
outlined below.
    The SAP Portal is a web-based application for requesting access to 
confidential data assets from federal statistical agencies and units. 
The objective of the SAP Portal is to broaden 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 NCES uses to 
collect information fulfilling its 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 who 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

[[Page 72468]]

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 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 an IES/NCES-owned confidential data asset, NCES 
will contact the applicant(s) to initiate the process of collecting 
information to fulfill its data security requirements. This process 
allows NCES to place the applicant(s) in a trusted access category and 
includes the collection of the following information from applicant(s):
    <bullet> Restricted-use licensing agreement--This document is an 
agreement between NCES and the applicant's organization stipulating 
that NCES's confidential data assets are provisioned exclusively for 
statistical purposes and that the applicant must handle and use the 
data in accordance with the terms and conditions stated in the 
agreement and all prevailing laws and regulations. The agreement 
requires signatures from the applicant(s) and a senior official at the 
applicant's organization who has the authority to enter the 
organization into a legal agreement with NCES. A Memorandum of 
Understanding is used in lieu of a restricted-use data licensing 
agreement for other government agencies.
    <bullet> Security plan form--This document requests information 
from the applicant(s) to ensure the confidential data assets are 
protected from unauthorized access, disclosure, or modification. The 
information collected in the security plan form includes the following:
    [cir] planned work location address(es),
    [cir] workstation specifications (make, model, serial number, type, 
and operating system),
    [cir] workstation authorized users,
    [cir] workstation monitor position (to prevent unauthorized 
viewing), and
    [cir] workstation antivirus brand and version.
    In addition, the applicant(s) must initial a series of security 
measures to indicate compliance. Finally, the form requires signatures 
from the applicant(s), a senior official at the applicant's 
organization, and a System Security Officer (SSO) at the applicant's 
organization. The SSO, in signing the Security plan form, assures the 
inspection and integrity of the applicant's security plan.
    <bullet> Affidavit of nondisclosure form--This document describes 
the confidentiality protections the applicant(s) must uphold and the 
penalties for unauthorized access or disclosure. The form requires 
signatures from the applicant(s) as well as the imprint of a notary 
public.
    <bullet> Licensee training certificate--This document requests 
information from the applicant(s) to ensure the completion of the IES/
NCES restricted-use data license training.
    These documents and a more complete description of the NCES Data 
Security Process will be available for public view during the 30D 
public comment period.

Estimate of Burden

    The amount of time to complete the agreements and other paperwork 
that comprise NCES's security requirements will vary based on the 
confidential data assets requested. To obtain access to NCES 
confidential data assets, it is estimated that the average time to 
complete and submit NCES's data security agreements and other paperwork 
and to complete the required training is 45 minutes. 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 NCES'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 NCES in a given year may vary. Overall, 
per year, NCES estimates it will collect data security information for 
80 application submissions that received a positive determination 
within the SAP Portal. NCES 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 180 hours and, as 
a result, an average annual burden of 60 hours.

    Dated: November 21, 2022.
Stephanie Valentine,
PRA Coordinator, Strategic Collections and Clearance, Governance and 
Strategy Division, Office of Chief Data Officer, Office of Planning, 
Evaluation and Policy Development.
[FR Doc. 2022-25767 Filed 11-23-22; 8:45 am]
BILLING CODE 4000-01-P


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