176
otherwise apply to data or information collected for statis-
tical purposes or nonstatistical purposes, including, but
not limited to, section 6103 of the Internal Revenue Code
of 1986 (26 U.S.C. 6103).
(i) 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.
Subtitle A—Confidential
Information Protection
SEC. 511. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) Individuals, businesses, and other organiza-
tions have varying degrees of legal protection when
providing information to the agencies for strictly sta-
tistical purposes.
(2) Pledges of confidentiality by agencies pro-
vide assurances to the public that information about
individuals or organizations or provided by individ-
uals or organizations for exclusively statistical pur-
poses will be held in confidence and will not be used
against such individuals or organizations in any
agency action.
177
(3) Protecting the confidentiality interests of in-
dividuals or organizations who provide information
under a pledge of confidentiality for Federal statis-
tical programs serves both the interests of the public
and the needs of society.
(4) Declining trust of the public in the protec-
tion of information provided under a pledge of con-
fidentiality to the agencies adversely affects both the
accuracy and completeness of statistical analyses.
(5) Ensuring that information provided under a
pledge of confidentiality for statistical purposes re-
ceives protection is essential in continuing public co-
operation in statistical programs.
(b) PURPOSES.—The purposes of this subtitle are the
following:
(1) To ensure that information supplied by in-
dividuals or organizations to an agency for statistical
purposes under a pledge of confidentiality is used ex-
clusively for statistical purposes.
(2) To ensure that individuals or organizations
who supply information under a pledge of confiden-
tiality to agencies for statistical purposes will neither
have that information disclosed in identifiable form
to anyone not authorized by this title nor have that
178
information used for any purpose other than a sta-
tistical purpose.
(3) To safeguard the confidentiality of individ-
ually identifiable information acquired under a
pledge of confidentiality for statistical purposes by
controlling access to, and uses made of, such infor-
mation.
SEC. 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 agen-
cy exclusively for statistical purposes.
(b) DISCLOSURE OF STATISTICAL DATA OR INFOR-
MATION.—
(1) Data or information acquired by an agency
under a pledge of confidentiality for exclusively sta-
tistical purposes shall not be disclosed by an agency
in identifiable form, for any use other than an exclu-
sively 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 ap-
179
proves such disclosure and the disclosure is not pro-
hibited 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 sta-
tistical 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 infor-
mation 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 re-
quired under section 502(2) for treatment as an agent
under that section, who may perform exclusively statistical
activities, subject to the limitations and penalties de-
scribed 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,
180
or having sworn to observe the limitations imposed by sec-
tion 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 informa-
tion is prohibited under the provisions of this title, will-
fully 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.
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-mak-
ers such as policymakers, consumers, businesses, in-
vestors, and workers.
(2) Federal statistical agencies should continu-
ously seek to improve their efficiency. Statutory con-
straints limit the ability of these agencies to share
data and thus to achieve higher efficiency for Fed-
eral statistical programs.
(3) The quality of Federal statistics depends on
the willingness of businesses to respond to statistical
surveys. Reducing reporting burdens will increase re-
181
sponse 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 ex-
clusively statistical purposes will improve their abil-
ity to track more accurately the large and rapidly
changing nature of United States business. In par-
ticular, 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 ad-
justed 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 In-
vestment and Trade in Services Act of 1990 that al-
lowed the Bureau of the Census, the Bureau of Eco-
nomic 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 in-
crease in the data collected from respondents but
also demonstrated how data sharing can result in
the creation of valuable data products.
182
(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 sur-
veys.
(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 Statis-
tics for exclusively statistical purposes.
(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 Bu-
reau of the Census, the Bureau of Economic Anal-
ysis, and the Bureau of Labor Statistics to update
sample frames, develop consistent classifications of
establishments and companies into industries, im-
prove coverage, 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 re-
183
gional 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.
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 Depart-
ment of Commerce.
(2) The Bureau of Economic Analysis of the
Department of Commerce.
(3) The Bureau of Labor Statistics of the De-
partment of Labor.
SEC. 523. RESPONSIBILITIES OF DESIGNATED STATISTICAL
AGENCIES.
The head of each of the Designated Statistical Agen-
cies shall—
(1) identify opportunities to eliminate duplica-
tion and otherwise reduce reporting burden and cost
imposed on the public in providing information for
statistical purposes;
(2) enter into joint statistical projects to im-
prove the quality and reduce the cost of statistical
programs; and
184
(3) protect the confidentiality of individually
identifiable information acquired for statistical pur-
poses 
by 
adhering 
to 
safeguard 
principles,
including—
(A) emphasizing to their officers, employ-
ees, and agents the importance of protecting
the confidentiality of information in cases where
the identity of individual respondents can rea-
sonably 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 infor-
mation and in the procedures that must be fol-
lowed 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 re-
quired; and
(E) being prepared to document their com-
pliance with safeguard principles to other agen-
185
cies authorized by law to monitor such compli-
ance.
SEC. 524. SHARING OF BUSINESS DATA AMONG DES-
IGNATED STATISTICAL AGENCIES.
(a) IN GENERAL.—A Designated Statistical Agency
may provide business data in an identifiable form to an-
other Designated Statistical Agency under the terms of
a written agreement among the agencies sharing the busi-
ness data that specifies—
(1) the business data to be shared;
(2) the statistical purposes for which the busi-
ness data are to be used;
(3) the officers, employees, and agents author-
ized to examine the business data to be shared; and
(4) appropriate security procedures to safe-
guard the confidentiality of the business data.
(b) 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 Free-
dom of Information Act), and section 552b of title 5,
United States Code (popularly known as the Privacy Act
186
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 identifi-
able form shall be limited to the officers, employees, and
agents authorized to examine the individual reports in ac-
cordance 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 in-
formation; 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 in-
formation.
(d) NOTICE.—Whenever a written agreement con-
cerns 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 agree-
ment shall be described in a public notice issued by the
187
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 PRO-
VIDED BY DESIGNATED STATISTICAL AGEN-
CIES.
(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 ac-
quired 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.
(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 Statis-
tical Agencies
‘‘The Bureau of the Census may provide business
data to the Bureau of Economic Analysis and the Bureau
188
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 agree-
ment with that Designated Statistical Agency, or their
successors, as defined in the Confidential Information
Protection and Statistical Efficiency Act of 2002.’’; and
(2) in the table of sections for the chapter by
adding after the item relating to section 401 the fol-
lowing:
‘‘402. Providing business data to Designated Statistical Agencies.’’.
Passed the House of Representatives November 15
(legislative day, November 14), 2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 2458
AN ACT
To enhance the management and promotion of elec-
tronic Government services and processes by es-
tablishing a Federal Chief Information Officer
within the Office of Management and Budget,
and by establishing a broad framework of meas-
ures that require using Internet-based informa-
tion technology to enhance citizen access to Gov-
ernment information and services, and for other
purposes.