Memorandum of Understanding

Between

The Food Safety and Inspection Service

United States Department of Agriculture

and

The Economic Research Service 

United States Department of Agriculture

ARTICLE 1 - PURPOSE

The purpose of this agreement is to set forth the working relationships between the Food Safety and 

Inspection Service (FSIS) and the Economic Research Service (ERS) to ensure the secure use of FSIS 

confidential data by ERS researchers and provide FSIS with benefits of that research.

Specifically, this memorandum of understanding (MOU) outlines the measures ERS will take to (1) ensure 

the security of FSIS’ confidential data for research purposes and (2) share results of research using FSIS nonpublic data with FSIS in a timely manner. 

This MOU does not modify any other existing agreements between FSIS and ERS. 

ARTICLE 2 - BACKGROUND

FSIS is responsible for implementing and enforcing the Federal Meat Inspection Act (FMIA) (21 U.S.C. 

601, et seq.), the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451, et seq.), and the Egg Products 

Inspection Act (EPIA) (21 U.S.C. 1031, et. seq.), which require Federal inspection and regulation of meat, 

poultry, and processed egg products prepared for distribution in commerce for use as human food.

In carrying out its responsibilities under the FMIA, PPIA, and EPIA, FSIS assigns inspectors in meat and 

poultry, slaughter and processing plants, and egg products processing plants. FSIS also conducts reviews 

of warehouses, transporters, retail stores, restaurants, and other places where meat, poultry, and processed 

egg products are handled and stored. In addition, FSIS conducts voluntary inspections under the

Agricultural Marketing Act (7 U.S.C. 1621, et seq.). The FSIS mission is accomplished, in part, by

sampling and analyzing meat, poultry, and processed egg products to ensure such products do not contain 

foodborne pathogens that cause them to be adulterated under the Acts.

ERS is responsible for anticipating trends and emerging issues in agriculture, food, the environment, 

and rural America and conducting high-quality, objective economic research to inform and enhance 

public and private decision making.

Because FSIS and ERS have common and related objectives in carrying out their respective 

responsibilities, it is desirable and in the public interest to set forth in an MOU,the working arrangements 

adopted to discharge these responsibilities as effectively as possible.

Nothing in this agreement shall lessen the responsibilities or authorities of FSIS or ERS under their 

statutory authorities.

ARTICLE 3 - FSIS RESPONSIBILITIES

FSIS agrees to:

(1) Acknowledge receipt of ERS research proposal and inform ERS in a timely manner when the requested 

data to conduct research will be available.
(2) Provide ERS with validated datasetsthat could be used to address questions of legitimate interest to ERS

or FSIS.

(3) Conduct pre-publication disclosure risk review of ERS manuscripts using non-public FSIS data and 

provide comments and other feedback within a timely manner. Pre-publication manuscripts contain the 

research results and findings that have not been released publicly and have not been submitted to any 

outlet to be considered for publication; and 

(4) Allow ERS researchers to use datasets derived from non-public FSIS data and employed for prior ERS 

research on future ERS research projects.

ARTICLE 4 - ERS RESPONSIBILITIES

ERS agrees to:

(1) Submit requests for non-public FSIS data to the designated FSIS contact for FSIS review and agreement.

(2) Use non-public FSIS data in the ERS IT environment, including data and applications. The ERS IT 

environmentis hosted in the ERS/USDA MS Azure Cloud, which is categorized at the FISMA Moderate 

level, is accessible only by approved and credentialed users (via eAuthentication) in secure network 

drives governed by approved, limited Active Directory groups. Access to confidential data is restricted 

and granted only to approved researchers (who sign non-disclosure and rules of behavior agreements and 

undergo training) for approved research projects. The restricted access is further governed and secured 

by approved limited-scope elevated privilege accounts.

(3) Require allERScollaborators under ERScooperative agreements to sign data sharing agreements which 

prescribe the terms and conditions under which the data may be used (see attached data sharing 

agreement).

(4) Submit documents using non-public FSIS data to FSIS for disclosure risk reviewprior to any peer review 

process or other public release. 

(5) CommunicateERS research findings to FSIS and its stakeholders through presentations, reports, and 

memos that have been reviewed in advance for disclosure risks. 

(6) Provide FSIS with any value-added data created by ERS while using FSIS data. Data could be linked to 

existing FSIS data.

ARTICLE 5 - JOINT RESPONSIBILITIES

Both agencies agree to: 

(1) Maintain a close working relationship at all organizational levels. 

(2) When exchanging information, each agency will comply with any relevant restrictions or Federal law 

concerning trade secrets, confidential, commercial, orfinancial information, and personnel, medical, or 

other similar information constituting a clearly unwarranted invasion of personal privacy. Implementing 

regulations and procedures shall apply to any agency provided with such materials under this agreement.

(3) Ensure the effective implementation of this agreement by:

a. Designating a liaison officer responsible for implementing and being the primary contact for matters 

concerning this agreement; 
b. Responding to data requests in a timely manner;

c. Collaborating on projects between FSIS and ERS in accordance with standard scientific and ethical 

principles of collaboration governing the pursuit of public health and scientific advances. Both ERS 

and FSIS will seek clearances and cross-clearances for abstracts, presentations, and manuscripts that 

include data from both agencies. Clearance is in accordance with each agency's standing policies. 

Abstracts, presentations, and manuscripts will be submitted and processed in a timely manner;

d. Following Freedom of Information Act regulations where the release of Agency records is at issue, 

to include, but not be limited to, ensuring that trade secrets, confidential, commercial, or financial 

information are protected from public disclosure to the extent authorized under FOIA and in 

conformity with USDA’s FOIA regulations. If either agency receives a FOIA request seeking data 

that contains the equities or information of interest to the other, they shall consult with or refer those 

records prior to making a release determination; and

e. Keeping both agencies informed of related data analyses and interpretations to prevent conflicting 

statements from occurring. 

ARTICLE 6 - Other Agreements

Nothing in this MOU precludes the agencies from entering into additional, separate agreements with each 

other or with other agencies as they deem appropriate to achieve the purpose of this MOU.

ARTICLE 7 - NAME AND ADDRESS OF AGENCIES

A. FSIS Laision to ERS

U.S. Department of Agriculture Food Safety and Inspection Service 

1400 Independence Avenue, SW. 

Washington, DC 20250

B. ERS Laision to FSIS

U.S. Department of Agriculture Economic Research Service

1400 Independence Avenue, SW

Washington, DC 20250.

ARTICLE 8 - PERIOD OF AGREEMENT

This agreement will become effective upon acceptance by all parties indicated below and will continue 

indefinitely. It may be modified by unanimous consent or terminated by any party upon a 30-day 

advance written notice to the other parties.

Approved and Accepted for the Food Safety and Inspection Service

Signed by: ___ ___________________

Date:_______September 6, 2023____________________

Name:_________Paul Kiecker________________
Title:____Administrator________________________

Email:________Paul.Kiecker@usda.gov___________________

Approved and Accepted for the Economic Research Service

Signed by: ______________________

Date:___________________________

Name:__________________________

Title:____________________________

Email:___________________________

Administrator

spiro.stefanou@usda.gov
CERTIFICATION AND RESTRICTIONS ON USE 

OF UNPUBLISHED DATA

I, , understand and agree to the following conditions

concerningthe useof unpublished data collected by the Food Safety Inspection Service (FSIS) and 

provided to the Economic Research Service (ERS).

The specific conditions for the security of this data:

a. Pertains to all Public Health Information System (PHIS) data that has not been published by FSIS.

b. Will be used for report generation,statistical, and economic research and analysis purposes only.

c. Are confidential and must be in control of the ERS employee or cooperator at all times. No copies, 

reports, backups or disks containing this data can be made or published or provided outside the

control of the ERS employee or cooperator.

d. Summariesthat could possibly revealindividual data must not be published and are subject to 

disclosure review by ERS staff in coordination with FSIS.

e. Will not be disseminated or shared, whether in original form or aggregated (if confidentiality 

guideline is not met) with persons other than those who are directly associated with ERS.

f. Must be stored locally on encrypted hard drives.

In additionsto theconditions, I have been provided (shown on reserve side), 18 United States Code 

1905, Disclosure of confidential information generally, 7 United States Code 2276, Confidentiality of 

Information, and 7 United States Code 1635-1636 "Agricultural Marketing Act of 1946".

I certify that I have read the above cited regulations and will abide by them.

________________________ (Signature)

________________________ (Title)

________________________ (Office)

Witnessed by: Representative of the USDAERS 
DISCIPLINARY PENALTIES

A. A disciplinary action may be proposed for violations of the 

regulations containedin this Directive or other such cause as will 

promote the efficiency of the Service. Penalties may include an 

official letter of reprimand, suspension, demotion, or removal. 

Attachment4 containsthe USDATable of Disciplinary Penalties 

(reprint from DPM Chapter 751, Appendix A.)

UNITEDSTATESCODE

Title 18, Section 1905

Disclosure of confidential informationgenerally.

Whoever, being an officer or employee of the United States or of 

any department or agency thereof, any person acting on behalf of 

the Federal Housing Finance Agency, or agent of the Department 

of Justice as defined in the Antitrust Civil Process Act (15 U.S.C. 

1311-1314), or beingan employee of a private sector organization 

who is or was assigned to an agency under chapter 37 of title 5, 

publishes, divulges, discloses, or makes known in any manner or 

to any extent not authorizedbylawanyinformationcomingto 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 

particularsthereofto be seenor examined by anypersonexcept as 

provided by law; shall be fined under this title, or imprisoned not 

more than one year, or both; and shall be removed from office or 

employment.

UNITEDSTATESCODE

Title 7, Section 1636

(a ) CONFIDENTIALITY. The Secretary shall make available to 

the public information,statistics, anddocuments obtained from, or 

submitted by, packers, retail entities, and other persons under 

this subtitle in a manner that ensures that confidentiality is 

preserved regarding-

(1) the identity of persons, including parties to a contract

and

(2) proprietary business information

(b ) DISCLOSUREBYFEDERALGOVERNMENT 

EMPLOYEES.

(1)INGENERAL.Subject to paragraph (2), no officer,

employee, or agent of the United States shall, without the consent 

of the packer or other person concerned, divulge or make known in 

any manner, any facts or information regardingthe business of the 

packer or other person that was acquired through reporting required 

under this subtitle.

(2) EXCEPTION. Information obtained by the 

Secretary under this subtitle may be disclosed-

(A) to agents or employees of the Department of 

Agriculture in the course oftheir officialduties 

under this subtitle;

(B) as directed by the Secretary or the Attorney 

General, for enforcement purposes; or

(C) by a court of competent jurisdiction.

(3)DISCLOSURE UNDER FREEDOM OF 

INFORMATION ACT. Notwithstanding any other provision of 

law, no facts or information obtained under this subtitle shall be 

disclosed in accordancewith section 552oftitle 5,United States 

Code.

UNITED STATES CODE

Title 5, Section 2302(b)

These provisions are consistent with, anddonotsupersede, conflict 

with, or otherwise alter the employee obligations, rights, or 

liabilities created by existing statute or Executive order relating to

(1) classified information,(2) communicationsto Congress, (3) the 

reportingto the InspectorGeneralof a violationof anylaw, 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 whistle-blower 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.

Consolidated Appropriations Act, 2012, 

Pub. L. No. 112-74, § 715(a) (2012).

These restrictions are consistent with and do not supersede, conflict 

with, or otherwise alter the employee obligations, rights, or 

liabilities created by Executive Order No. 12958; section 7211 of 

title 5, United States Code (governing disclosures to Congress); 

section 1034 of title 10, United States Code, as amended by the 

Military Whistleblower Protection Act (governing disclosure to 

Congress by members ofthe military);section2302(b )(8) of title 5, 

United States Code, as amended by the Whistleblower Protection 

Act of 1989(governingdisclosures ofillegality,waste,fraud, abuse 

or public health or safety threats); the Intelligence Identities 

Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 

disclosures that could expose confidential Government agents); and 

the statutes which protect against disclosure that may compromise 

the nationalsecurity,includingsections 641, 793, 794, 798, and 952 

of title 18, United States Code, and section 4(b) of the Subversive 

Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, 

requirements, obligations, rights, sanctions, and liabilities created

by said Executive order andlisted statutes areincorporated intothis 

agreement and are controlling.