Sec. 12516. Program data protection and access
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In this section: The term data asset has the meaning given the term in section 3502 of title 44, United States Code. The term Department means the Department of Agriculture. The term designated statistical agency means the statistical agency or unit designated by the Secretary under subsection (c)(3). The term evaluation has the meaning given the term in section 311 of title 5, United States Code. The term evidence has the meaning given the term in section 3561 of title 44, United States Code.
The term restricted use data asset means a data asset in the comprehensive data inventory developed by the Secretary under section 3511(a) of title 44, United States Code, that has been determined by the Secretary to meet the criteria described in paragraph (2)(A)(iii)(I)(dd) of that section. The term technical assistance means information developed to implement or administer a Department program, including information provided to program participants, State, regional, or field office staff, and external partners involved in implementing or administering the program.
The Secretary, in consultation with the officers and entities described in paragraph (2), shall identify data assets (including restricted use data assets) that individuals or entities with proposals meeting the requirements under the process described in subsection
(d)may use to build evidence to support policymaking, including assessment of program outcomes and developing technical assistance, as required under section 312 of title 5, United States Code, in the priority areas described in paragraph (3). The officers and entities with which the Secretary shall consult under paragraph
(1)are— the Under Secretary for Farm Production and Conservation; the Under Secretary for Rural Development; the Under Secretary for Research, Education, and Economics; the Under Secretary for Marketing and Regulatory Programs; the Under Secretary for Natural Resources and Environment; the designated Chief Data Officer of the Department; the designated Evaluation Officer of the Department; the heads of other agencies or offices of the Department, as determined by the Secretary; and stakeholders outside of the Department. The priority areas referred to in paragraph
(1)are the following: Farm profitability. Farm solvency. Conservation practice outcomes. Yield and income variability and risk. Climate resilience. Rural well-being. Any other areas identified by the Secretary. The data assets identified under paragraph
(1)shall include information relating to— crop yields; production practices; conservation practices; rural development investments; Department program participation, election, and enrollment, including demographic data such as race, ethnicity, and gender of program participants; Department program eligibility; and other information, as determined by the Secretary. The Secretary shall— transfer data assets identified under subsection (b)(1) to the designated statistical agency; and to the maximum extent practicable, develop common approaches for linking data assets identified under subsection (b)(1). The Secretary shall— take the actions described in paragraph
(1)not later than 1 year after the date of enactment of the Rural Prosperity and Food Security Act of 2024 ; and establish a regular process to identify, transfer, link, and update additional data assets (including restricted use data assets) necessary to develop evidence to support policymaking. The Secretary shall designate the statistical agency or unit (as defined in section 3561 of title 44, United States Code) responsible for carrying out this section. The Secretary, acting through the head of the designated statistical agency, shall make data assets identified under subsection (b)(1) available for research proposals through the standard application process established under section 3583 of title 44, United States Code. For purposes of this subsection, the Secretary may incorporate any terms developed by the agencies and offices within the Department responsible for the collection of data in the data asset. For purposes of section 3583(a)(3) of title 44, United States Code, the criteria established by the Secretary shall include measures to ensure that a research proposal described in paragraph (1)— would have statistical results that pose no risk of unauthorized disclosure of protected data; is feasible given the features of the data asset; and would be consistent with the purposes for which the data were collected, including for developing evidence that can be used for technical assistance and assessment of program outcomes. Not later than 18 months after the date of enactment of this Act, the Secretary shall establish— a method to provide secure access to data assets to researchers with approved research proposals; and a method to provide disclosure review of research resulting from each proposal for which access is provided under subparagraph
(A)prior to public release to ensure that no information that is otherwise protected from disclosure by law is disclosed. The Secretary may provide secure access to data assets under paragraph
(1)through the use of a secure data center, data enclave, or another arrangement that complies with all applicable data privacy laws. Out of amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary to establish and maintain the methods described in paragraph (1)— $5,000,000 for each of fiscal years 2025 and 2026, to remain available until expended; and $3,000,000 for fiscal year 2027 and each fiscal year thereafter, to remain available until expended. In addition to amounts otherwise available to carry out this section, there are authorized to be appropriated to establish and maintain the methods described in paragraph (1)— $4,000,000 for each of fiscal years 2025 and 2026; and $2,500,000 for each fiscal year thereafter. The Secretary may charge individuals and entities a fee for each approved research proposal for secure access to data assets under this subsection. The amount of a fee charged under clause
(i)shall not exceed the cost of providing the secure access to the applicable individual or entity for the approved research proposal. The fees collected under clause
(i)shall remain available to the Secretary, without further appropriation, until expended to establish and maintain the methods described in paragraph (1). For each proposal approved for research under subsection (d), the Secretary shall— provide public access to primary research results through journal open access fees or other methods; and retain archived methods, code, documentation, and data to allow for research replication and review for a period of at least 10 years. Nothing in this section shall affect or modify the authority of the Secretary to conduct program evaluation studies under section 1471 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3317 ) through means not authorized by this section. Nothing in this section shall affect or modify the authority of the Secretary to make authorized disclosures under section 1619(b)(3) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791(b)(3) ).
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