ADM-043 Certification and Restrictions on Use of Unpublished Dat

NATIONAL
AGRICULTURAL
STATISTICS
SERVICE

ADM-043
USDA-NASS
Revised (8/06)

CERTIFICATION AND RESTRICTIONS
ON USE OF UNPUBLISHED DATA

U.S. Departm ent of Agriculture
Rm 5041A, South Building
Washington, D.C. 20250
202-720-4333

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of unpublished data provided by the National Agricultural Statistics Service in response to my request.
The specific data to which this request applies are:

The specific conditions of the agreement are:
a. The estimates provided have not been published by the National Agricultural Statistics Service (NASS) and cannot
be considered as official estimates.
b. All individual report data are confidential and, (check one):
must be used in a NASS Data Lab;
must be used on-site in ERS;
can be used off-site.
No copies of reports or computer media (tapes, disks, flash drives, etc.) containing these reports can be made
or published. Summaries that could possibly reveal individual reports must not be published. Summaries may
not be taken off-site until they are cleared by NASS.
c.

These data will be used for “statistical and economic research purposes” only.

d. I will not disseminate or share the data, whether in original form or aggregated, with persons other than those who
are directly associated with the project for which the data were obtained and have completed this agreement.
e. A report of any type using the unpublished data listed above will be provided to the Associate Administrator for
confidentiality clearance prior to publication or presentation. Any data contained in the report that have not been
transformed into a statistical or aggregate form, such that the identity of the respondent providing the particular
information is not discernible, must be appropriately modified or removed before the report may be published or
released to the public.
f.

All questions regarding access to these data shall be referred to the Associate Administrator for appropriate
response.

In addition to the above conditions, I have been provided (shown on reverse side) PL 107-347, Sec. 513, Fines and
Penalties, and Sec. 512, 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
20
, and will abide by them.

day of

,

(Signature)
(Type or print Name)
(Organization or Agency/Div./Br.)
(City and State)

Witnessed by:

Date:
Representative of Associate Administrator,
National Agricultural Statistics Service

ADM-043
USDA-NASS
Revised (8/06)

Title V of E-Government Act of 2002, Public Law 107-347,
Section 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 (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.
Title V of E-Government Act of 2002, Public Law 107-347,
Section 512. 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 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.
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 18, U.S. Code, Section 1905
Disclosure of confidential information generally
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 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.