H. R. 2458—69
Subtitle B—Statistical Efficiency
SEC. 521. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) Federal statistics are an important source of information
for public and private decision-makers such as policymakers,
consumers, businesses, investors, and workers.
(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) 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 prod-
ucts.
(6) 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.
(b) PURPOSES.—The purposes of this subtitle 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,
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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.
SEC. 522. DESIGNATION OF STATISTICAL AGENCIES.
For purposes of this subtitle, the term ‘‘Designated Statistical
Agency’’ means each of the following:
(1) The Bureau of the Census of the Department of Com-
merce.
(2) The Bureau of Economic Analysis of the Department
of Commerce.
(3) 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—
(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 informa-
tion 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.
SEC. 524. SHARING OF BUSINESS DATA AMONG DESIGNATED STATIS-
TICAL AGENCIES.
(a) IN GENERAL.—A Designated Statistical Agency may provide
business data in an identifiable form to another Designated Statis-
tical Agency under the terms of a written agreement among the
agencies sharing the business data that specifies—
(1) the business data to be shared;
(2) the statistical purposes for which the business data
are to be used;
(3) the officers, employees, and agents authorized to
examine the business data to be shared; and
(4) appropriate security procedures to safeguard the con-
fidentiality of the business data.
(b) RESPONSIBILITIES OF AGENCIES UNDER OTHER LAWS.—The
provision of business data by an agency to a Designated Statistical
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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.
(c) 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—
(1) 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
(2) to the unlawful disclosure of the business data that
would apply to officers, employees, and agents of the agency
that originally obtained the information.
(d) 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 Des-
ignated 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.
SEC. 525. LIMITATIONS ON USE OF BUSINESS DATA PROVIDED BY DES-
IGNATED STATISTICAL AGENCIES.
(a) USE, GENERALLY.—Business data provided by a Designated
Statistical Agency pursuant to this subtitle shall be used exclusively
for statistical purposes.
(b) 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 identifi-
able form.
SEC. 526. CONFORMING AMENDMENTS.
(a) 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’’.
(b) TITLE 13.—Chapter 10 of title 13, United States Code,
is amended—
(1) by adding after section 401 the following:
‘‘§ 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
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(2) 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.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.