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(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 
(including 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);
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‘‘(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
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(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.
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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;
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(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-
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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
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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
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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
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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.
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(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
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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
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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.
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(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
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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-
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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,
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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-
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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.
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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
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(3) protect the confidentiality of individually 
identifiable information acquired for statistical pur-
poses by adhering to safeguard principles, includ-
ing—
(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-
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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
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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
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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
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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: 
JEFF TRANDAHL, 
Clerk.