Cipsea 2002

Confidential Information Protection and Statistical Efficiency Act of 2002

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Statistical Efficiency Act of 2002

(TITLE V of Public Law 107-347)

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confidentiality program

Sec. 501. Short Title.

This title may be cited as the "Confidential Information Protection and

Statistical Efficiency Act of 2002".

Sec. 502. Definitions.

As used in this title:

The term "agency" means any entity that falls within the definition of the

term "executive agency" as defined in section 102 of title 31, United States

Code, or "agency", as defined in section 3502 of title 44, United States Code.

The term "agent" means an individual

who is an employee of a private organization or a researcher affiliated

with an institution of higher learning (including a person granted special

sworn status by the Bureau of the Census under section 23(c) of title 13,

United States Code), and with whom a contract or other agreement is

executed, on a temporary basis, by an executive agency to perform

exclusively statistical activities under the control and supervision of an

officer or employee of that agency;

who is working under the authority of a government entity with which a

contract or other agreement is executed by an executive agency to perform

exclusively statistical activities under the control of an officer or

employee of that agency;

who is a self-employed researcher, a consultant, a contractor, or an

employee of a contractor, and with whom a contract or other agreement is

executed by an executive agency to perform a statistical activity under

the control of an officer or employee of that agency; or

who is a contractor or an employee of a contractor, and who is engaged by

the agency to design or maintain the systems for handling or storage of

data received under this title; and

who agrees in writing to comply with all provisions of law that affect

information acquired by that agency.

The term "business data" means operating and financial data and information

about businesses, tax-exempt organizations, and government entities.

The term "identifiable form" means any representation of information that

permits the identity of the respondent to whom the information applies to be

reasonably inferred by either direct or indirect means.

The term "nonstatistical purpose"

means the use of data in identifiable form for any purpose that is not a

statistical purpose, including any administrative, regulatory, law

enforcement, adjudicatory, or other purpose that affects the rights,

privileges, or benefits of a particular identifiable respondent; and

includes the disclosure under section 552 of title 5, United States Code

(popularly known as the Freedom of Information Act) of data that are

acquired for exclusively statistical purposes under a pledge of

confidentiality.

The term "respondent" means a person who, or organization that, is requested

or required to supply information to an agency, is the subject of information

requested or required to be supplied to an agency, or provides that

information to an agency.

The term "statistical activities"

means the collection, compilation, processing, or analysis of data for the

purpose of describing or making estimates concerning the whole, or relevant

groups or components within, the economy, society, or the natural

environment; and

includes the development of methods or resources that support those

activities, such as measurement methods, models, statistical

classifications, or sampling frames.

The term "statistical agency or unit" means an agency or organizational unit

of the executive branch whose activities are predominantly the collection,

compilation, processing, or analysis of information for statistical purposes.

The term "statistical purpose"

means the description, estimation, or analysis of the characteristics of

groups, without identifying the individuals or organizations that comprise

such groups; and

includes the development, implementation, or maintenance of methods,

technical or administrative procedures, or information resources that

support the purposes described in subparagraph (A).

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Sec. 503. Coordination and Oversight of Policies.

In General.The Director of the office of Management and Budget shall

coordinate and oversee the confidentiality and disclosure policies established

by this title. The Director may promulgate rules or provide other guidance to

ensure consistent interpretation of this title by the affected agencies.

Agency Rules.Subject to subsection (c), agencies may promulgate rules to

implement this title. Rules governing disclosures of information that are

authorized by this title shall be promulgated by the agency that originally

collected the information.

Review and Approval of Rules.The Director shall review any rules proposed by

an agency pursuant to this title for consistency with the provisions of this

title and chapter 35 of title 44, United States Code, and such rules shall be

subject to the approval of the Director.

Reports.

The head of each agency shall provide to the Director of the office of

Management and Budget such reports and other information as the Director

requests.

Each Designated Statistical Agency referred to in section 522 shall report

annually to the Director of the office of Management and Budget, the

Committee on Government Reform of the House of Representatives, and the

Committee on Governmental Affairs of the Senate on the actions it has taken

to implement sections 523 and 524. The report shall include copies of each

written agreement entered into pursuant to section 524(a) for the applicable

year.

The Director of the office of Management and Budget shall include a summary

of reports submitted to the Director under paragraph (2) and actions taken

by the Director to advance the purposes of this title in the annual report

to the Congress on statistical programs prepared under section 3504(e)(2) of

title 44, United States Code.

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Sec. 504. Effect on Other Laws.

Title 44, United States Code.This title, including amendments made by this

title, does not diminish the authority under section 3510 of title 44, United

States Code, of the Director of the office of Management and Budget to direct,

and of an agency to make, disclosures that are not inconsistent with any

applicable law.

Title 13 and Title 44, United States Code.This title, including amendments

made by this title, does not diminish the authority of the Bureau of the

Census to provide information in accordance with sections 8, 16, 301, and 401

of title 13, United States Code, and section 2108 of title 44, United States

Code.

Title 13, United States Code.This title, including amendments made by this

title, shall not be construed as authorizing the disclosure for nonstatistical

purposes of demographic data or information collected by the Census Bureau

pursuant to section 9 of title 13, United States Code.

Various Energy Statutes.Data or information acquired by the Energy

Information Administration under a pledge of confidentiality and designated by

the Energy Information Administration to be used for exclusively statistical

purposes shall not be disclosed in identifiable form for nonstatistical

purposes under

section 12, 20, or 59 of the Federal Energy Administration Act of 1974 (15

U.S.C. 771, 779, 790h);

section 11 of the Energy Supply and Environmental Coordination Act of 1974

(15 U.S.C. 796); or

(3) section 205 or 407 of the Department of the Energy Organization Act of

1977 (42 U.S.C. 7135, 7177).

Section 201 of Congressional Budget Act of 1974.This title, including

amendments made by this title, shall not be construed to limit any authorities

of the Congressional Budget office to work (consistent with laws governing the

confidentiality of information the disclosure of which would be a violation of

law) with databases of Designated Statistical Agencies (as defined in section

522), either separately or, for data that may be shared pursuant to section

524 of this title or other authority, jointly in order to improve the general

utility of these databases for the statistical purpose of analyzing pension

and health care financing issues.

Preemption of State Law.Nothing in this title shall preempt applicable State

law regarding the confidentiality of data collected by the States.

Statutes Regarding False Statements.Notwithstanding section 512, information

collected by an agency for exclusively statistical purposes under a pledge of

confidentiality may be provided by the collecting agency to a law enforcement

agency for the prosecution of submissions to the collecting agency of false

statistical information under statutes that authorize criminal penalties (such

as section 221 of title 13, United States Code) or civil penalties for the

provision of false statistical information, unless such disclosure or use

would otherwise be prohibited under Federal law.

Construction.Nothing in this title shall be construed as restricting or

diminishing any confidentiality protections or penalties for unauthorized

disclosure that otherwise apply to data or information collected for

statistical purposes or nonstatistical purposes, including, but not limited

to, section 6103 of the Internal Revenue Code of 1986 (26 U.S.C. 6103).

Authority of Congress.Nothing in this title shall be construed to affect

the authority of the Congress, including its committees, members, or agents,

to obtain data or information for a statistical purpose, including for

oversight of an agency's statistical activities.

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Subtitle AConfidential Information Protection

Sec. 511. Findings and Purposes.

Findings.The Congress finds the following:

Individuals, businesses, and other organizations have varying degrees of

legal protection when providing information to the agencies for strictly

statistical purposes.

Pledges of confidentiality by agencies provide assurances to the public that

information about individuals or organizations or provided by individuals or

organizations for exclusively statistical purposes will be held in

confidence and will not be used against such individuals or organizations in

any agency action.

Protecting the confidentiality interests of individuals or organizations who

provide information under a pledge of confidentiality for Federal

statistical programs serves both the interests of the public and the needs

of society.

Declining trust of the public in the protection of information provided

under a pledge of confidentiality to the agencies adversely affects both the

accuracy and completeness of statistical analyses.

Ensuring that information provided under a pledge of confidentiality for

statistical purposes receives protection is essential in continuing public

cooperation in statistical programs.

Purposes.The purposes of this subtitle are the following:

To ensure that information supplied by individuals or organizations to an

agency for statistical purposes under a pledge of confidentiality is used

exclusively for statistical purposes.

To ensure that individuals or organizations who supply information under a

pledge of confidentiality to agencies for statistical purposes will neither

have that information disclosed in identifiable form to anyone not

authorized by this title nor have that information used for any purpose

other than a statistical purpose.

To safeguard the confidentiality of individually identifiable information

acquired under a pledge of confidentiality for statistical purposes by

controlling access to, and uses made of, such information.

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Sec. 512. Limitations on Use and Disclosure of Data and Information.

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.

Disclosure of Statistical Data or Information.

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.

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.

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.

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.

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 502(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.

Sec. 513. Fines and Penalties.

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 512, 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.

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Subtitle BStatistical Efficiency

Sec. 521. Findings and Purposes.

Findings.The Congress finds the following:

Federal statistics are an important source of information for public and

private decision-makers such as policymakers, consumers, businesses,

investors, and workers.

Federal statistical agencies should continuously seek to improve their

efficiency. Statutory constraints limit the ability of these agencies to

share data and thus to achieve higher efficiency for Federal statistical

programs.

The quality of Federal statistics depends on the willingness of businesses

to respond to statistical surveys. Reducing reporting burdens will increase

response rates, and therefore lead to more accurate characterizations of the

economy.

Enhanced sharing of business data among the Bureau of the Census, the Bureau

of Economic Analysis, and the Bureau of Labor Statistics for exclusively

statistical purposes will improve their ability to track more accurately the

large and rapidly changing nature of United States business. In particular,

the statistical agencies will be able to better ensure that businesses are

consistently classified in appropriate industries, resolve data anomalies,

produce statistical samples that are consistently adjusted for the entry and

exit of new businesses in a timely manner, and correct faulty reporting

errors quickly and efficiently.

The Congress enacted the International Investment and Trade in Services Act

of 1990 that allowed the Bureau of the Census, the Bureau of Economic

Analysis, and the Bureau of Labor Statistics to share data on foreign-owned

companies. The Act not only expanded detailed industry coverage from 135

industries to over 800 industries with no increase in the data collected

from respondents but also demonstrated how data sharing can result in the

creation of valuable data products.

With subtitle A of this title, the sharing of business data among the Bureau

of the Census, the Bureau of Economic Analysis, and the Bureau of Labor

Statistics continues to ensure the highest level of confidentiality for

respondents to statistical surveys.

Purposes.The purposes of this subtitle are the following:

To authorize the sharing of business data among the Bureau of the Census,

the Bureau of Economic Analysis, and the Bureau of Labor Statistics for

exclusively statistical purposes.

To reduce the paperwork burdens imposed on businesses that provide requested

information to the Federal Government.

To improve the comparability and accuracy of Federal economic statistics by

allowing the Bureau of the Census, the Bureau of Economic Analysis, and the

Bureau of Labor Statistics to update sample frames, develop consistent

classifications of establishments and companies into industries, improve

coverage, and reconcile significant differences in data produced by the

three agencies.

To increase understanding of the United States economy, especially for key

industry and regional statistics, to develop more accurate measures of the

impact of technology on productivity growth, and to enhance the reliability

of the Nation's most important economic indicators, such as the National

Income and Product Accounts.

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Sec. 522. Designation of Statistical Agencies.

For purposes of this subtitle, the term "Designated Statistical Agency" means

each of the following:

The Bureau of the Census of the Department of Commerce.

The Bureau of Economic Analysis of the Department of Commerce.

The Bureau of Labor Statistics of the Department of Labor.

Sec. 523. Responsibilities of Designated Statistical Agencies.

The head of each of the Designated Statistical Agencies shall

identify opportunities to eliminate duplication and otherwise reduce reporting

burden and cost imposed on the public in providing information for statistical

purposes;

enter into joint statistical projects to improve the quality and reduce the

cost of statistical programs; and

protect the confidentiality of individually identifiable information acquired

for statistical purposes by adhering to safeguard principles, including

emphasizing to their officers, employees, and agents the importance of

protecting the confidentiality of information in cases where the identity of

individual respondents can reasonably be inferred by either direct or

indirect means;

training their officers, employees, and agents in their legal obligations to

protect the confidentiality of individually identifiable information and in

the procedures that must be followed to provide access to such information;

implementing appropriate measures to assure the physical and electronic

security of confidential data;

establishing a system of records that identifies individuals accessing

confidential data and the project for which the data were required; and

being prepared to document their compliance with safeguard principles to

other agencies authorized by law to monitor such compliance.

Sec. 524. Sharing of Business Data Among Designated Statistical Agencies.

In General.A Designated Statistical Agency may provide business data in an

identifiable form to another Designated Statistical Agency under the terms of

a written agreement among the agencies sharing the business data that

specifies

the business data to be shared;

the statistical purposes for which the business data are to be used;

the officers, employees, and agents authorized to examine the business data

to be shared; and

appropriate security procedures to safeguard the confidentiality of the

business data.

Responsibilities of Agencies Under Other Laws.The provision of business data

by an agency to a Designated Statistical Agency under this subtitle shall in

no way alter the responsibility of the agency providing the data under other

statutes (including section 552 of title 5, United States Code (popularly

known as the Freedom of Information Act), and section 552b of title 5, United

States Code (popularly known as the Privacy Act of 1974)) with respect to the

provision or withholding of such information by the agency providing the data.

Responsibilities of officers, Employees, and Agents. Examination of business

data in identifiable form shall be limited to the officers, employees, and

agents authorized to examine the individual reports in accordance with written

agreements pursuant to this section. officers, employees, and agents of a

Designated Statistical Agency who receive data pursuant to this subtitle shall

be subject to all provisions of law, including penalties, that relate

to the unlawful provision of the business data that would apply to the

officers, employees, and agents of the agency that originally obtained the

information; and

to the unlawful disclosure of the business data that would apply to

officers, employees, and agents of the agency that originally obtained the

information.

Notice.Whenever a written agreement concerns data that respondents were

required by law to report and the respondents were not informed that the data

could be shared among the Designated Statistical Agencies, for exclusively

statistical purposes, the terms of such agreement shall be described in a

public notice issued by the agency that intends to provide the data. Such

notice shall allow a minimum of 60 days for public comment.

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Sec. 525. Limitations on Use of Business Data Provided by Designated Statistical

Agencies.

Use, Generally.Business data provided by a Designated Statistical Agency

pursuant to this subtitle shall be used exclusively for statistical purposes.

Publication.Publication of business data acquired by a Designated Statistical

Agency shall occur in a manner whereby the data furnished by any particular

respondent are not in identifiable form.

Sec. 526. Conforming Amendments.

Department of Commerce.Section 1 of the Act of January 27, 1938 (15 U.S.C.

176a) is amended by striking "The" and inserting "Except as provided in the

Confidential Information Protection and Statistical Efficiency Act of 2002,

the".

Title 13.Chapter 10 of title 13, United States Code, is amended

by adding after section 401 the following:

"Sec. 402. Providing business data to Designated Statistical Agencies"

"The Bureau of the Census may provide business data to the Bureau of

Economic Analysis and the Bureau of Labor Statistics ('Designated

Statistical Agencies') if such information is required for an authorized

statistical purpose and the provision is the subject of a written agreement

with that Designated Statistical Agency, or their successors, as defined in

the Confidential Information Protection and Statistical Efficiency Act of

2002."; and

in the table of sections for the chapter by adding after the item relating

to section 401 the following:

"402. Providing business data to Designated Statistical Agencies.".

Approved December 17, 2002.

For more information, please contact Chris Chapman at 691-5108.

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Updated: 06/01/05 03:16:47 PM

comments & suggestions URL:

http://www.psb.bls.gov/admin/confidentiality/act_title_v.php