Notice2023-04660
Request for Information; NSPM 33 Research Security Programs Standard Requirement
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
March 7, 2023
Issuing agencies
Science and Technology Policy Office
Abstract
The Office of Science and Technology Policy (OSTP) requests comments from the public on draft Research Security Programs Standard Requirement developed in response to National Security Presidential Memorandum 33 on National Security Strategy for United States Government-Supported Research and Development (R&D). The draft Standard Requirement has been created by OSTP, together with Federal agencies and the Office of Management and Budget, to ensure that there is uniformity across Federal research agencies in implementing this requirement.
Full Text
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14187-14189]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04660]
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OFFICE OF SCIENCE AND TECHNOLOGY POLICY
Request for Information; NSPM 33 Research Security Programs
Standard Requirement
AGENCY: Office of Science and Technology Policy (OSTP).
ACTION: Notice and request for comments.
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SUMMARY: The Office of Science and Technology Policy (OSTP) requests
comments from the public on draft Research Security Programs Standard
Requirement developed in response to National Security Presidential
Memorandum 33 on National Security Strategy for United States
Government-Supported Research and Development (R&D). The draft Standard
Requirement has been created by OSTP, together with Federal agencies
and the Office of Management and Budget, to ensure that there is
uniformity across Federal research agencies in implementing this
requirement.
DATES: Interested persons and organizations are invited to submit
comments on or before 5 p.m. ET June 5, 2023.
ADDRESSES: Submit comments electronically to
<a href="/cdn-cgi/l/email-protection#aad8cfd9cfcbd8c9c2d9cfc9dfd8c3ded3eac5d9deda84cfc5da84cdc5dc"><span class="__cf_email__" data-cfemail="e6948395838794858e95838593948f929fa689959296c8838996c8818990">[email protected]</span></a> with the subject line Comment on Research
Security Programs by the deadline. Due to time constraints, mailed
paper submissions will not be accepted.
Instructions: Response to this notice is voluntary. Responses to
this notice may be used by the government for program planning on a
non-attribution basis. OSTP therefore requests that no business
proprietary information or copyrighted information be submitted in
response to this notice. Please note that the U.S. Government will not
pay for response preparation, or for the use of any information
contained in the response.
Responses may address one or as many topics as desired from the
enumerated list provided in this request for comment, noting the
corresponding number of the topic(s) to which the response pertains.
Submissions must not exceed 5 pages (exclusive of cover page) in 12-
point or larger font, with a page number provided on each page.
Responses should include the name of the person(s) or organization(s)
filing the comment, as well as the respondent type (e.g., academic
institution, advocacy group, professional society, community-based
organization, industry, member of the public, government, other).
Respondent's role in the organization may also be
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provided (e.g., researcher, administrator, student, program manager,
journalist) on a voluntary basis.
Please also organize your responses such that substantive comments
are at the beginning of the document and more procedural and/or
technical comments are at the end. This format will help us to absorb
and respond to your comments in a more organized way.
Comments containing references, studies, research, and other
empirical data that are not widely published should include copies or
electronic links of the referenced materials; these materials, as well
as a list of references, do not count toward the 5-page limit. No
business proprietary information, copyrighted information, or
personally identifiable information (aside from that requested above)
should be submitted in response to this request for comment. Comments
submitted in response to this notice are subject to the Freedom of
Information Act. Comments submitted may be posted online or otherwise
released publicly.
FOR FURTHER INFORMATION CONTACT: Direct questions to Kei Koizumi at
<a href="/cdn-cgi/l/email-protection#9ceef9eff9fdeefff4eff9ffe9eef5e8e5dcf3efe8ecb2f9f3ecb2fbf3ea"><span class="__cf_email__" data-cfemail="14667167717566777c67717761667d606d547b6760643a717b643a737b62">[email protected]</span></a>; tel: 202-456-4444.
SUPPLEMENTARY INFORMATION: National Security Presidential Memorandum 33
provides for a National Security Strategy for United States
Government--Supported Research and Development. Section 4(g) directs
that, ``heads of funding agencies shall require that research
institutions receiving Federal science and engineering support in
excess of 50 million dollars per year certify to the funding agency
that the institution has established and operates a research security
program. Institutional research security programs should include
elements of cyber security, foreign travel security, insider threat
awareness and identification, and, as appropriate, export control
training.''
On January 4, 2022, the OSTP's National Science and Technology
Council released Guidance for Implementing National Security
Presidential Memorandum 33 (NSPM-33). NSPM-33 charges OSTP with
``coordina[ting] activities to protect Federally funded R&D from
foreign government interference, and outreach to the United States
scientific and academic communities to enhance awareness of risks to
research security and Federal Government actions to address these
risks.'' A similar charge is captured in the National Defense
Authorization Act of 2020.\1\
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\1\ The language from the 2020 NDAA (Public Law 116-92),
captured in Sec. 1746. (a), states: ``In general.--The Director of
the Office of Science and Technology Policy, acting through the
National Science and Technology Council, in consultation with the
National Security Advisor, shall establish or designate an
interagency working group to coordinate activities to protect
federally funded research and development from foreign interference,
cyber attacks, theft, or espionage and to develop common definitions
and best practices for Federal science agencies and grantees, while
accounting for the importance of the open exchange of ideas and
international talent required for scientific progression and
American leadership in science and technology.''
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The resulting Guidance, called for by the Director of OSTP,
delivers on three key priorities, consistent with the values of the
Biden-Harris Administration: (1) protecting America's security AND
openness; (2) being clear in our delivery of guidance and information
to impacted communities, so that compliance with NSPM-33 is easy,
straightforward, and minimally burdensome; and (3) ensuring that our
policies do not fuel xenophobia or prejudice.
The Guidance also captured next steps regarding the implementation
of a Standard Requirement for Research Security Programs (hereinafter
shortened to `Standard Requirement'), stating on page 19: ``OSTP, in
consultation with the NSTC Subcommittee on Research Security, OMB, and
external stakeholders, will develop a standardized requirement for
uniform implementation across research agencies. Following a 90-day
external engagement period, OSTP will complete the standardized
requirement in the subsequent 120 days, and, upon completion, work with
OMB to develop a plan to implement the standardized requirement. Upon
receipt of the standards, relevant research agencies should engage with
external stakeholders to ensure that program requirements are
appropriate to the broad range of organizations that are subject to the
requirement.''
In fulfillment of this statement, a draft Standard Requirement has
been completed and is available for review at: <a href="https://www.whitehouse.gov/wp-content/uploads/2023/02/RS_Programs_Guidance_public_comment.pdf">https://www.whitehouse.gov/wp-content/uploads/2023/02/RS_Programs_Guidance_public_comment.pdf</a>.
To enable further coordination, OSTP is leading engagement with
external stakeholders, as the Guidance described. This request for
comment is an important source of engagement and is meant to give the
public an opportunity to review and provide feedback on the draft
Standard Requirement. Through this request for comment, OSTP seeks
public input on the Standard Requirement, with special attention to
equity, clarity, feasibility, burden, and compliance.
Scope: OSTP invites comment from any interested stakeholders. In
particular, OSTP is interested in input from research organizations
that will be subject to the Research Security Program requirement,
researchers within those organizations, professional organizations
representing those organizations, and organizations representing
diverse interests across the U.S. research ecosystem.
Information Requested: Respondents may provide information for one
or more of the topics included below. Respondents are asked to note the
corresponding number/s to which responses pertain.
1. Equity. The NSPM-33 implementation Guidance requires that
research security policies and practices are implemented in an
equitable and non-discriminatory fashion. Are there any areas of the
Standard Requirement that have not, in your view, upheld the
fundamental commitments to equity and non-discrimination?
2. Clarity. It is essential that the Research Security Programs
Standard Requirement is clear. Clarity enables equity, transparency,
and compliance. Comments on clarity throughout the Standard Requirement
are especially appreciated, particularly as they pertain to the ability
of organizations to understand and meet the provisions of the Standard
Requirement. Your perspectives on the extent to which the Standard
Requirement is clear and allows for straightforward adoption are of
great interest.
3. Feasibility. The Research Security Program Standard Requirement
will be most successful if covered organizations view adoption as
feasible. With that in mind, are there aspects of the Standard
Requirement that are concerning in terms of implementation? If so, how
and why?
4. Burden. Closely related to feasibility is burden. Engagement
with the research community has allowed us to understand that concerns
about burden, whether in regard to financial or administrative burden,
are high. Provisions in the Standard Requirement have been scoped with
an aim to lessen burden, such as centralized certification on <a href="http://SAM.gov">SAM.gov</a>
and technical assistance for development of research security training.
Are there other measures that would help to lower the burden on the
research community in implementing the Standard Requirement?
5. Compliance. The draft Standard Requirement suggests self-
certification as the primary model of compliance with the requirements,
with initially certification required one year after the issuance of
the Standard Requirement.
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What are your perspectives on these approaches? Are there others that
should be considered?
Dated: March 2, 2023.
Stacy Murphy,
Deputy Chief Operations Officer/Security Officer.
[FR Doc. 2023-04660 Filed 3-6-23; 8:45 am]
BILLING CODE 3270-F1-P
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