165
(ii) by striking ‘‘; and’’ and inserting a pe-
riod; and
(C) by striking paragraph (3).
(2) Section 3505 of such title is amended by adding
at the end—
‘‘(c) INVENTORY
OF MAJOR INFORMATION SYS-
TEMS.—(1) The head of each agency shall develop and
maintain an inventory of major information systems (in-
cluding major national security systems) operated by or
under the control of such agency.
‘‘(2) The identification of information systems in an
inventory under this subsection shall include an identifica-
tion of the interfaces between each such system and all
other systems or networks, including those not operated
by or under the control of the agency.
‘‘(3) Such inventory shall be—
‘‘(A) updated at least annually;
‘‘(B) made available to the Comptroller Gen-
eral; and
‘‘(C) used to support information resources
management, including—
‘‘(i) preparation and maintenance of the
inventory of information resources under sec-
tion 3506(b)(4);
166
‘‘(ii) 
information 
technology 
planning,
budgeting, acquisition, and management under
section 3506(h), subtitle III of title 40, and re-
lated laws and guidance;
‘‘(iii) monitoring, testing, and evaluation of
information security controls under subchapter
II;
‘‘(iv) preparation of the index of major in-
formation systems required under section
552(g) of title 5, United States Code; and
‘‘(v) preparation of information system in-
ventories required for records management
under chapters 21, 29, 31, and 33.
‘‘(4) The Director shall issue guidance for and over-
see the implementation of the requirements of this sub-
section.’’.
(3) Section 3506(g) of such title is amended—
(A) by adding ‘‘and’’ at the end of paragraph
(1);
(B) in paragraph (2)—
(i) by striking ‘‘section 11332 of title 40’’
and inserting ‘‘subchapter II of this chapter’’;
and
(ii) by striking ‘‘; and’’ and inserting a pe-
riod; and
167
(C) by striking paragraph (3).
TITLE IV—AUTHORIZATION OF
APPROPRIATIONS 
AND 
EF-
FECTIVE DATES
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
Except for those purposes for which an authorization
of appropriations is specifically provided in title I or II,
including the amendments made by such titles, there are
authorized to be appropriated such sums as are necessary
to carry out titles I and II for each of fiscal years 2003
through 2007.
SEC. 402. EFFECTIVE DATES.
(a) TITLES I AND II.—
(1) IN GENERAL.—Except as provided under
paragraph (2), titles I and II and the amendments
made by such titles shall take effect 120 days after
the date of enactment of this Act.
(2) IMMEDIATE
ENACTMENT.—Sections 207,
214, and 215 shall take effect on the date of enact-
ment of this Act.
(b) TITLES III AND IV.—Title III and this title shall
take effect on the date of enactment of this Act.
168
TITLE V—CONFIDENTIAL INFOR-
MATION 
PROTECTION 
AND
STATISTICAL EFFICIENCY
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Confidential Informa-
tion Protection and Statistical Efficiency Act of 2002’’.
SEC. 502. DEFINITIONS.
As used in this title:
(1) The term ‘‘agency’’ means any entity that
falls within the definition of the term ‘‘executive
agency’’ as defined in section 102 of title 31, United
States Code, or ‘‘agency’’, as defined in section 3502
of title 44, United States Code.
(2) The term ‘‘agent’’ means an individual—
(A)(i) who is an employee of a private or-
ganization or a researcher affiliated with an in-
stitution of higher learning (including a person
granted special sworn status by the Bureau of
the Census under section 23(c) of title 13,
United States Code), and with whom a contract
or other agreement is executed, on a temporary
basis, by an executive agency to perform exclu-
sively statistical activities under the control and
supervision of an officer or employee of that
agency;
169
(ii) who is working under the authority of
a government entity with which a contract or
other agreement is executed by an executive
agency to perform exclusively statistical activi-
ties under the control of an officer or employee
of that agency;
(iii) who is a self-employed researcher, a
consultant, a contractor, or an employee of a
contractor, and with whom a contract or other
agreement is executed by an executive agency to
perform a statistical activity under the control
of an officer or employee of that agency; or
(iv) who is a contractor or an employee of
a contractor, and who is engaged by the agency
to design or maintain the systems for handling
or storage of data received under this title; and
(B) who agrees in writing to comply with
all provisions of law that affect information ac-
quired by that agency.
(3) The term ‘‘business data’’ means operating
and financial data and information about businesses,
tax-exempt organizations, and government entities.
(4) The term ‘‘identifiable form’’ means any
representation of information that permits the iden-
tity of the respondent to whom the information ap-
170
plies to be reasonably inferred by either direct or in-
direct means.
(5) The term ‘‘nonstatistical purpose’’—
(A) means the use of data in identifiable
form for any purpose that is not a statistical
purpose, including any administrative, regu-
latory, law enforcement, adjudicatory, or other
purpose that affects the rights, privileges, or
benefits of a particular identifiable respondent;
and
(B) includes the disclosure under section
552 of title 5, United States Code (popularly
known as the Freedom of Information Act) of
data that are acquired for exclusively statistical
purposes under a pledge of confidentiality.
(6) The term ‘‘respondent’’ means a person
who, or organization that, is requested or required
to supply information to an agency, is the subject of
information requested or required to be supplied to
an agency, or provides that information to an agen-
cy.
(7) The term ‘‘statistical activities’’—
(A) means the collection, compilation,
processing, or analysis of data for the purpose
of describing or making estimates concerning
171
the whole, or relevant groups or components
within, the economy, society, or the natural en-
vironment; and
(B) includes the development of methods
or resources that support those activities, such
as measurement methods, models, statistical
classifications, or sampling frames.
(8) The term ‘‘statistical agency or unit’’ means
an agency or organizational unit of the executive
branch whose activities are predominantly the collec-
tion, compilation, processing, or analysis of informa-
tion for statistical purposes.
(9) The term ‘‘statistical purpose’’—
(A) means the description, estimation, or
analysis of the characteristics of groups, with-
out identifying the individuals or organizations
that comprise such groups; and
(B) includes the development, implementa-
tion, or maintenance of methods, technical or
administrative procedures, or information re-
sources that support the purposes described in
subparagraph (A).
SEC. 503. COORDINATION AND OVERSIGHT OF POLICIES.
(a) IN GENERAL.—The Director of the Office of
Management and Budget shall coordinate and oversee the
172
confidentiality and disclosure policies established by this
title. The Director may promulgate rules or provide other
guidance to ensure consistent interpretation of this title
by the affected agencies.
(b) AGENCY RULES.—Subject to subsection (c),
agencies may promulgate rules to implement this title.
Rules governing disclosures of information that are au-
thorized by this title shall be promulgated by the agency
that originally collected the information.
(c) REVIEW AND APPROVAL OF RULES.—The Direc-
tor shall review any rules proposed by an agency pursuant
to this title for consistency with the provisions of this title
and chapter 35 of title 44, United States Code, and such
rules shall be subject to the approval of the Director.
(d) REPORTS.—
(1) The head of each agency shall provide to
the Director of the Office of Management and Budg-
et such reports and other information as the Direc-
tor requests.
(2) Each Designated Statistical Agency referred
to in section 522 shall report annually to the Direc-
tor of the Office of Management and Budget, the
Committee on Government Reform of the House of
Representatives, and the Committee on Govern-
mental Affairs of the Senate on the actions it has
173
taken to implement sections 523 and 524. The re-
port shall include copies of each written agreement
entered into pursuant to section 524(a) for the ap-
plicable year.
(3) The Director of the Office of Management
and Budget shall include a summary of reports sub-
mitted to the Director under paragraph (2) and ac-
tions taken by the Director to advance the purposes
of this title in the annual report to the Congress on
statistical 
programs 
prepared 
under 
section
3504(e)(2) of title 44, United States Code.
SEC. 504. EFFECT ON OTHER LAWS.
(a) TITLE 44, UNITED STATES CODE.—This title, in-
cluding amendments made by this title, does not diminish
the authority under section 3510 of title 44, United States
Code, of the Director of the Office of Management and
Budget to direct, and of an agency to make, disclosures
that are not inconsistent with any applicable law.
(b) TITLE 13 AND TITLE 44, UNITED STATES
CODE.—This title, including amendments made by this
title, does not diminish the authority of the Bureau of the
Census to provide information in accordance with sections
8, 16, 301, and 401 of title 13, United States Code, and
section 2108 of title 44, United States Code.
174
(c) TITLE 13, UNITED STATES CODE.—This title, in-
cluding amendments made by this title, shall not be con-
strued as authorizing the disclosure for nonstatistical pur-
poses of demographic data or information collected by the
Census Bureau pursuant to section 9 of title 13, United
States Code.
(d) VARIOUS ENERGY STATUTES.—Data or informa-
tion acquired by the Energy Information Administration
under a pledge of confidentiality and designated by the
Energy Information Administration to be used for exclu-
sively statistical purposes shall not be disclosed in identifi-
able form for nonstatistical purposes under—
(1) section 12, 20, or 59 of the Federal Energy
Administration Act of 1974 (15 U.S.C. 771, 779,
790h);
(2) section 11 of the Energy Supply and Envi-
ronmental Coordination Act of 1974 (15 U.S.C.
796); or
(3) section 205 or 407 of the Department of
the Energy Organization Act of 1977 (42 U.S.C.
7135, 7177).
(e) SECTION 201 OF CONGRESSIONAL BUDGET ACT
OF 1974.—This title, including amendments made by this
title, shall not be construed to limit any authorities of the
Congressional Budget Office to work (consistent with laws
175
governing the confidentiality of information the disclosure
of which would be a violation of law) with databases of
Designated Statistical Agencies (as defined in section
522), either separately or, for data that may be shared
pursuant to section 524 of this title or other authority,
jointly in order to improve the general utility of these
databases for the statistical purpose of analyzing pension
and health care financing issues.
(f) PREEMPTION OF STATE LAW.—Nothing in this
title shall preempt applicable State law regarding the con-
fidentiality of data collected by the States.
(g) STATUTES REGARDING FALSE STATEMENTS.—
Notwithstanding section 512, information collected by an
agency for exclusively statistical purposes under a pledge
of confidentiality may be provided by the collecting agency
to a law enforcement agency for the prosecution of submis-
sions to the collecting agency of false statistical informa-
tion under statutes that authorize criminal penalties (such
as section 221 of title 13, United States Code) or civil
penalties for the provision of false statistical information,
unless such disclosure or use would otherwise be prohib-
ited under Federal law.
(h) CONSTRUCTION.—Nothing in this title shall be
construed as restricting or diminishing any confidentiality
protections or penalties for unauthorized disclosure that