ADM-043 Certification And Restrictions On Use Of Unpublished Dat

National Agricultural Statistics Service

ADM-043
USDA NASS
OMB No. 0535-0274
Approval Expires: 04/30/2026

U.S. DEPARTMENT OF AGRICULTURE
1400 Independence Avenue, S.W.
Washington, D.C. 20250-2000

CERTIFICATION AND RESTRICTIONS
ON USE OF UNPUBLISHED DATA
Application ID ___________

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities
created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an
Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated
into this agreement and are controlling. (Pub. L. No. 112-199, Sec. 104, Whistleblower Protection Enhancement Act of 2012)
I,
, understand and agree to the following conditions concerning the use of
unpublished data provided by the National Agricultural Statistics Service in response to my request.
Approved data source/s year/s:

The specific conditions of the agreement are:
a.

Any aggregates, summaries, or analysis that have not been published by the National Agricultural Statistics Service (NASS) cannot
be considered as official estimates.

b.

All individual report data are confidential and may not be revealed, copied, or transmitted in any form. All summaries and analyses
must not reveal individual operations and must be cleared by authorized staff.
Access is authorized via (check one):
 Data Enclave

c.
d.

 Project Collaboration Only

 Other:________________

These data will be used for statistical and economic research purposes only.
Reproducing or sharing the data, whether in original or aggregated form, with persons other than those who are explicitly approved
on the data access project agreement and have completed necessary security protocols is strictly prohibited.

In addition to the above conditions, I have been provided Title III of Pub. L. No. 115-435, codified in 44 U.S.C. Ch. 35, Section 3572, Fines
and Penalties, and Limitations on Use and Disclosure of Data and Information; 18 U. S. Code 1902, Disclosure of crop information and
speculation thereon; 18 U. S. Code 1905, Disclosure of confidential information generally; 7 U. S. Code 2276, Confidentiality of information;
and 18 U.S. Code 2072, False crop reports.
I certify that I have read the above-mentioned regulations this

day of

, 20

, and will abide by them.

Name (Type or Print)
Organization or Agency / Division / Branch
City and State

Witnessed by:

Signature

Representative of Chair, Agricultural Statistics Board,
National Agricultural Statistics Service

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB number is 0535-0274. The time required to complete this information collection
is estimated to average 20 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of information.

ADM-043
USDA NASS
Revised (12/20)

Title III of Pub. L. No. 115-435, codified in 44 U.S.C. Ch. 35,
Section 3572. Fines and Penalties.

Title 18, U.S. Code, Section 1905
Disclosure of confidential information generally

Whoever, being an officer, employee, or agent of an agency
acquiring information for exclusively statistical purposes, having
taken and subscribed the oath of office, or having sworn to observe
the limitations imposed by Section 3572 (see below), comes into
possession of such information by reason of his or her being an
officer, employee, or agent and, knowing that the disclosure of the
specific information is prohibited under the provisions of this title,
willfully discloses the information in any manner to a person or
agency not entitled to receive it, shall be guilty of a class E felony
and imprisoned for not more than 5 years, or fined not more than
$250,000, or both.

Whoever, being an officer or employee of the United States or of
any department or agency thereof, publishes, divulges, discloses,
or makes known in any manner or to any extent not authorized by
law any information coming to him in the course of his employment
or official duties or by reason of any examination or investigation
made by, or return, report or record made to or filed with, such
department or agency or officer or employee thereof, which
information concerns or relates to the trade secrets, processes,
operations, style of work, or apparatus, or to the identity,
confidential statistical data, amount or source of any income,
profits, losses, or expenditures of any person, firm, partnership,
corporation, or association; or permits any income return or copy
thereof or any book containing any abstract or particulars thereof to
be seen or examined by any person except as provided by law;
shall be fined . . ., or imprisoned . . ., or both and shall be removed
from office or employment.

Title III of Pub. L. No. 115-435, codified in 44 U.S.C. Ch. 35,
Section 3572. Limitations on Use and Disclosure of Data and
Information.
(a) Use of Statistical Data or Information.--Data or information
acquired by an agency under a pledge of confidentiality and for
exclusively statistical purposes shall be used by officers,
employees, or agents of the agency exclusively for statistical
purposes.
(b) Disclosure of Statistical Data or Information.-- (1) Data or
information acquired by an agency under a pledge of confidentiality
for exclusively statistical purposes shall not be disclosed by an
agency in identifiable form, for any use other than an exclusively
statistical purpose, except with the informed consent of the
respondent. (2) A disclosure pursuant to paragraph (1) is
authorized only when the head of the agency approves such
disclosure and the disclosure is not prohibited by any other law. (3)
This section does not restrict or diminish any confidentiality
protections in law that otherwise apply to data or information
acquired by an agency under a pledge of confidentiality for
exclusively statistical purposes.
(c) Rule for Use of Data or Information for Nonstatistical
Purposes.--A statistical agency or unit shall clearly distinguish any
data or information it collects for nonstatistical purposes (as
authorized by law) and provide notice to the public, before the data
or information is collected, that the data or information could be
used for nonstatistical purposes.
(d) Designation of Agents.--A statistical agency or unit may
designate agents, by contract or by entering into a special
agreement containing the provisions required under section
3561(2) for treatment as an agent under that section, who may
perform exclusively statistical activities, subject to the limitations
and penalties described in this title.
Title 18, U.S. Code, Section 1902
Disclosure of crop information and speculation thereon
Whoever, being an officer, employee or person acting for or on
behalf of the United States or any department or agency thereof,
and having by virtue of his office, employment or position, become
possessed of information which might influence or affect the market
value of any product of the soil grown within the United States,
which information is by law or by the rules of such department or
agency required to be withheld from publication until a fixed time,
willfully imparts, directly or indirectly, such information, or any part
thereof, to any person not entitled under the law or the rules of the
department or agency to receive the same, or before such
information is made public through regular official channels, directly
or indirectly speculated in any such product by buying or selling the
same in any quantity, shall be fined... or imprisoned..., or both.
No person shall be deemed guilty of a
violation of any such rules, unless prior to such alleged violation he
shall have had actual knowledge thereof.

Title 7, U.S. Code, Section 2276
Confidentiality of information
(a) In the case of information furnished under a provision of law
. . . ., neither the Secretary of Agriculture, any other officer
or employee of the Department of Agriculture or agency
thereof, nor any other person may:
(1) use such information for a purpose other than the
development or reporting of aggregate data in a manner
such that the identity of the person who supplied such
information is not discernible and is not material to the
intended use of such information; or
(2) disclose such information to the public, unless such
information has been transformed into a statistical or
aggregate form that does not allow the identification of
the person who supplied particular information.
(b) (1) In carrying out a provision of law . . ., no department,
agency, officer, or employee of the Federal Government,
other than the Secretary of Agriculture, shall require a
person to furnish a copy of statistical information
provided to the Department of Agriculture.
(2) A copy of such information:
(A) shall be immune from mandatory disclosure of any
type, including legal process; and
(B) shall not, without the consent of such person be
admitted as evidence or used for any purpose in any
action, suit, or other judicial or administrative
proceeding.
(c) Any person who shall publish, cause to be published, or
otherwise publicly release information collected pursuant to
a provision of law . . ., in any manner or for any purpose
prohibited in section (a), shall be fined . . . or imprisoned . . .,
or both.
Title 18, U.S. Code, Section 2072
False crop reports
Whoever, being an officer or employee of the United States or any
of its agencies, whose duties require the compilation or report of
statistics or information relating to the products of the soil,
knowingly compiles for issuance, or issues, any false statistics or
information as a report of the United States or any of its agencies,
shall be fined under this title or imprisoned not more than five
years, or both.