H. R. 4174—22 
‘‘(2) 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. 
‘‘(3) The quality of Federal statistics depends on the willing-
ness of businesses to respond to statistical surveys. Reducing 
reporting burdens will increase response rates, and therefore 
lead to more accurate characterizations of the economy. 
‘‘(4) 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 indus-
tries, 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. 
‘‘(5) Congress enacted the International Investment and 
Trade in Services Survey Act (Public Law 94–472), which 
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 respond-
ents but also demonstrated how data sharing can result in 
the creation of valuable data products. 
‘‘(6) With part B of this subchapter, 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. 
‘‘§ 3576. Designated statistical agencies 
‘‘(a) PURPOSES.—The purposes of this section are the following: 
‘‘(1) 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 pur-
poses. 
‘‘(2) To reduce the paperwork burdens imposed on 
businesses that provide requested information to the Federal 
Government. 
‘‘(3) 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 Statis-
tics to update sample frames, develop consistent classifications 
of establishments and companies into industries, improve cov-
erage, and reconcile significant differences in data produced 
by the three agencies. 
‘‘(4) 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.
H. R. 4174—23 
‘‘(b) RESPONSIBILITIES OF DESIGNATED STATISTICAL AGENCIES.— 
The head of each of the Designated Statistical Agencies shall— 
‘‘(1) identify opportunities to eliminate duplication and 
otherwise reduce reporting burden and cost imposed on the 
public in providing information for statistical purposes; 
‘‘(2) enter into joint statistical projects to improve the 
quality and reduce the cost of statistical programs; and 
‘‘(3) protect the confidentiality of individually identifiable 
information acquired for statistical purposes by adhering to 
safeguard principles, including— 
‘‘(A) 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; 
‘‘(B) 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; 
‘‘(C) implementing appropriate measures to assure the 
physical and electronic security of confidential data; 
‘‘(D) establishing a system of records that identifies 
individuals accessing confidential data and the project for 
which the data were required; and 
‘‘(E) being prepared to document their compliance with 
safeguard principles to other agencies authorized by law 
to monitor such compliance. 
‘‘(c) SHARING OF BUSINESS DATA AMONG DESIGNATED STATIS-
TICAL AGENCIES.— 
‘‘(1) IN GENERAL.—A Designated Statistical Agency may 
provide business data in an identifiable form to another Des-
ignated Statistical Agency under the terms of a written agree-
ment among the agencies sharing the business data that speci-
fies— 
‘‘(A) the business data to be shared; 
‘‘(B) the statistical purposes for which the business 
data are to be used; 
‘‘(C) the officers, employees, and agents authorized to 
examine the business data to be shared; and 
‘‘(D) appropriate security procedures to safeguard the 
confidentiality of the business data. 
‘‘(2) RESPONSIBILITIES OF AGENCIES UNDER OTHER LAWS.— 
The provision of business data by an agency to a Designated 
Statistical Agency under this section shall in no way alter 
the responsibility of the agency providing the data under other 
statutes (including sections 552 and 552b of title 5) with respect 
to the provision or withholding of such information by the 
agency providing the data. 
‘‘(3) RESPONSIBILITIES
OF
OFFICERS, 
EMPLOYEES, 
AND 
AGENTS.—Examination of business data in identifiable form 
shall be limited to the officers, employees, and agents author-
ized to examine the individual reports in accordance with writ-
ten agreements pursuant to this section. Officers, employees, 
and agents of a Designated Statistical Agency who receive 
data pursuant to this section shall be subject to all provisions 
of law, including penalties, that relate—
H. R. 4174—24 
‘‘(A) 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 
‘‘(B) to the unlawful disclosure of the business data 
that would apply to officers, employees, and agents of the 
agency that originally obtained the information. 
‘‘(4) 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. 
‘‘(d) LIMITATIONS ON USE OF BUSINESS DATA PROVIDED BY DES-
IGNATED STATISTICAL AGENCIES.— 
‘‘(1) GENERAL
USE.—Business data provided by a Des-
ignated Statistical Agency pursuant to this section shall be 
used exclusively for statistical purposes. 
‘‘(2) 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. 
‘‘(e) DESIGNATED STATISTICAL AGENCY DEFINED.—In this sec-
tion, the term ‘Designated Statistical Agency’ means each of the 
following: 
‘‘(1) The Census Bureau of the Department of Commerce. 
‘‘(2) The Bureau of Economic Analysis of the Department 
of Commerce. 
‘‘(3) The Bureau of Labor Statistics of the Department 
of Labor.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 35 of title 44, United States Code, as amended 
by proceeding provisions of this Act, is further amended by adding 
at the end the following: 
‘‘SUBCHAPTER III—CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
EFFICIENCY 
‘‘PART A—GENERAL 
‘‘3561. Definitions. 
‘‘3562. Coordination and oversight of policies. 
‘‘3563. Statistical agencies. 
‘‘3564. Effect on other laws. 
‘‘PART B—CONFIDENTIAL INFORMATION PROTECTION 
‘‘3571. Findings. 
‘‘3572. Confidential information protection. 
‘‘PART C—STATISTICAL EFFICIENCY 
‘‘3575. Findings. 
‘‘3576. Designated statistical agencies.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) REPEAL OF CONFIDENTIAL INFORMATION PROTECTION AND 
STATISTICAL EFFICIENCY ACT OF 2002.—Title V of the E–Govern-
ment Act of 2002 (Public Law 107–347; 44 U.S.C. 3501 note) 
is repealed (and the table of contents of such Act shall be 
conformed accordingly).
H. R. 4174—25 
(2) TITLE 13, UNITED STATES CODE.—Section 402 of title 
13, United States Code, is amended by striking ‘‘the Confiden-
tial Information Protection and Statistical Efficiency Act of 
2002’’ and inserting ‘‘section 3576(e) of title 44’’. 
(3) TITLE 49, UNITED STATES CODE.—Title 49, United States 
Code, is amended— 
(A) in section 6302(d)(4), by striking ‘‘the Confidential 
Information’’ and all that follows through the period and 
inserting ‘‘section 3572 of title 44.’’; and 
(B) in section 6314(d)(2), by striking ‘‘the Confidential 
Information’’ and all that follows through the period and 
inserting ‘‘section 3572 of title 44.’’. 
(4) ACT OF JANUARY 27, 1938.—The first section of the Act 
of January 27, 1938, entitled ‘‘An Act to make confidential 
certain information furnished to the Bureau of Foreign and 
Domestic Commerce, and for other purposes’’ (52 Stat. 8, 
chapter 11; 15 U.S.C. 176a), is amended by striking ‘‘the Con-
fidential Information Protection and Statistical Efficiency Act 
of 2002’’ and inserting ‘‘subchapter III of chapter 35 of title 
44, United States Code’’. 
(5) FIXING AMERICA’S SURFACE TRANSPORTATION ACT.—Sec-
tion 7308(e)(2) of the Fixing America’s Surface Transportation 
Act (Public Law 114–94; 49 U.S.C. 20155 note) is amended 
by striking ‘‘the Confidential Information Protection and Statis-
tical Efficiency Act of 2002 (44 U.S.C. 3501 note)’’ and inserting 
‘‘section 3572 of title 44, United States Code’’. 
(d) TRANSITIONAL AND SAVINGS PROVISIONS.— 
(1) CUTOFF DATE.—This title replaces certain provisions 
of law enacted on December 17, 2002. If a law enacted after 
that date amends or repeals a provision replaced by this title, 
that law is deemed to amend or repeal, as the case may be, 
the corresponding provision enacted by this title. If a law 
enacted after that date is otherwise inconsistent with this title, 
it supersedes this title to the extent of the inconsistency. 
(2) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For pur-
poses of determining whether one provision of law supersedes 
another based on enactment later in time, the date of the 
enactment of a provision enacted by this title is deemed to 
be the date of the enactment of the provision it replaced. 
(3) REFERENCES TO PROVISIONS REPLACED.—A reference to 
a provision of law replaced by this title, including a reference 
in a regulation, order, or other law, is deemed to refer to 
the corresponding provision enacted by this title. 
(4) REGULATIONS, ORDERS, AND
OTHER
ADMINISTRATIVE 
ACTIONS.—A regulation, order, or other administrative action 
in effect under a provision of law replaced by this title continues 
in effect under the corresponding provision enacted by this 
title. 
(5) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action 
taken or an offense committed under a provision of law replaced 
by this title is deemed to have been taken or committed under 
the corresponding provision enacted by this title. 
SEC. 303. INCREASING ACCESS TO DATA FOR EVIDENCE. 
(a) IN GENERAL.—Subchapter III of chapter 35 of title 44, 
United States Code, as added by section 302, is amended by adding 
at the end the following new part: