ADM-043 Cerification and Restrictions on Use of Unpublished Data

NATIONAL
AGRICULTURAL
STATISTICS
SERVICE

CERTIFICATION AND RESTRICTIONS
ON USE OF UNPUBLISHED DATA

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

U.S. Department 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use of unpublished data provided by the National Agricultural Statistics Service in response to my request.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 Summaries that could possibly reveal individual reports must not be published.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 authorized staff.
c. These data will be used for Astatistical 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e. A report of any type using the unpublished data listed above will be provided to the Associate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 review and comment 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,
ADisclosure of crop information and speculation thereon@; 18 U. S. Code 1905, ADisclosure of confidential
information generally@; 7 U. S. Code 2276, AConfidentiality of information@; and 18 U.S. Code 2072, AFalse 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:
Representative of Associate Administrator,
National Agricultural Statistics Service

Date:

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

Title V of E-Government Act of 2002, Public Law 107-347,
Section 513. 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 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.

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 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 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.