44 U.S.C. § 3572 — Confidential information protection

Page 198 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3571 Editorial Notes REFERENCES IN TEXT Section 201 of the Congressional Budget Act of 1974, referred to in subsec. (e), is classified to section 601 of Title 2, The Congress. Section 6103 of the Internal Revenue Code of 1986, re- ferred to in subsec. (h), is classified to section 6103 of Title 26, Internal Revenue Code. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 403 of Pub. L. 115–435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees. PART B—CONFIDENTIAL INFORMATION PROTECTION § 3571. Findings The Congress finds the following: (1) Individuals, businesses, and other organi- zations have varying degrees of legal protec- tion when providing information to the agen- cies for strictly statistical purposes. (2) Pledges of confidentiality by agencies provide assurances to the public that informa- tion about individuals or organizations or pro- vided by individuals or organizations for ex- clusively statistical purposes will be held in confidence and will not be used against such individuals or organizations in any agency ac- tion. (3) Protecting the confidentiality interests of individuals or organizations who provide in- formation under a pledge of confidentiality for Federal statistical programs serves both the interests of the public and the needs of soci- ety. (4) Declining trust of the public in the pro- tection of information provided under a pledge of confidentiality to the agencies adversely af- fects both the accuracy and completeness of statistical analyses. (5) Ensuring that information provided under a pledge of confidentiality for statis- tical purposes receives protection is essential in continuing public cooperation in statistical programs. (Added Pub. L. 115–435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5548.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 403 of Pub. L. 115–435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees. § 3572. Confidential information protection (a) PURPOSES.—The purposes of this section are the following: (1) To ensure that information supplied by individuals or organizations to an agency for statistical purposes under a pledge of con- fidentiality is used exclusively for statistical purposes. (2) To ensure that individuals or organiza- tions who supply information under a pledge of confidentiality to agencies for statistical purposes will neither have that information disclosed in identifiable form to anyone not authorized by this subchapter nor have that information used for any purpose other than a statistical purpose. (3) To safeguard the confidentiality of indi- vidually identifiable information acquired under a pledge of confidentiality for statis- tical purposes by controlling access to, and uses made of, such information. (b) USE OF STATISTICAL DATA OR INFORMA- TION.—Data or information acquired by an agen- cy under a pledge of confidentiality and for ex- clusively statistical purposes shall be used by officers, employees, or agents of the agency ex- clusively for statistical purposes and protected in accordance with such pledge. (c) DISCLOSURE OF STATISTICAL DATA OR INFOR- MATION.— (1) Data or information acquired by an agen- cy under a pledge of confidentiality for exclu- sively statistical purposes shall not be dis- closed by an agency in identifiable form, for any use other than an exclusively 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 approves such disclosure and the disclosure is not prohibited by any other law. (3) This section does not restrict or diminish any confidentiality protections in law that otherwise apply to data or information ac- quired by an agency under a pledge of con- fidentiality for exclusively statistical pur- poses. (d) RULE FOR USE OF DATA OR INFORMATION FOR NONSTATISTICAL PURPOSES.—A statistical agen- cy or unit shall clearly distinguish any data or information it collects for nonstatistical pur- poses (as authorized by law) and provide notice to the public, before the data or information is collected, that the data or information could be used for nonstatistical purposes. (e) DESIGNATION OF AGENTS.—A statistical agency or unit may designate agents, by con- tract or by entering into a special agreement containing the provisions required under section 3561(2) for treatment as an agent under that sec- tion, who may perform exclusively statistical activities, subject to the limitations and pen- alties described in this subchapter. (f) FINES AND PENALTIES.—Whoever, being an officer, employee, or agent of an agency acquir- ing information for exclusively statistical pur- poses, having taken and subscribed the oath of office, or having sworn to observe the limita- tions imposed by this section, comes into pos- session of such information by reason of his or her being an officer, employee, or agent and, knowing that the disclosure of the specific infor- mation is prohibited under the provisions of this subchapter, willfully discloses the information in any manner to a person or agency not enti- tled to receive it, shall be guilty of a class E fel- ony and imprisoned for not more than 5 years, or fined not more than $250,000, or both. (Added Pub. L. 115–435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5548.) Page 199 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3576 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 403 of Pub. L. 115–435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees. PART C—STATISTICAL EFFICIENCY § 3575. Findings The Congress finds the following: (1) Federal statistics are an important source of information for public and private decision-makers such as policymakers, con- sumers, businesses, investors, and workers. (2) Federal statistical agencies should con- tinuously seek to improve their efficiency. Statutory constraints limit the ability of these agencies to share data and thus to achieve higher efficiency for Federal statis- tical programs. (3) The quality of Federal statistics depends on the willingness of businesses to respond to statistical surveys. Reducing reporting bur- dens will increase response rates, and there- fore lead to more accurate characterizations of the economy. (4) Enhanced sharing of business data among the Bureau of the Census, the Bureau of Eco- nomic Analysis, and the Bureau of Labor Sta- tistics 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 sta- tistical agencies will be able to better ensure that businesses are consistently classified in appropriate industries, resolve data anoma- lies, produce statistical samples that are con- sistently adjusted for the entry and exit of new businesses in a timely manner, and cor- rect faulty reporting errors quickly and effi- ciently. (5) Congress enacted the International In- vestment and Trade in Services Survey Act (Public Law 94–472), which allowed the Bureau of the Census, the Bureau of Economic Anal- ysis, and the Bureau of Labor Statistics to share data on foreign-owned companies. The Act not only expanded detailed industry cov- erage from 135 industries to over 800 industries with no increase in the data collected from re- spondents but also demonstrated how data sharing can result in the creation of valuable data products. (6) With part B of this subchapter, the shar- ing 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. (Added Pub. L. 115–435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5549.) Editorial Notes REFERENCES IN TEXT The International Investment and Trade in Services Survey Act, referred to in par. (5), is Pub. L. 94–472, Oct. 11, 1976, 90 Stat. 2059, which is classified generally to chapter 46 (§ 3101 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 22 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 403 of Pub. L. 115–435, set out as an Effective Date of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees. § 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 purposes. (2) To reduce the paperwork burdens im- posed on businesses that provide requested in- formation to the Federal Government. (3) To improve the comparability and accu- racy of Federal economic statistics by allow- ing the Bureau of the Census, the Bureau of Economic Analysis, and the Bureau of Labor Statistics 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 accu- rate measures of the impact of technology on productivity growth, and to enhance the reli- ability of the Nation’s most important eco- nomic indicators, such as the National Income and Product Accounts. (b) RESPONSIBILITIES OF DESIGNATED STATIS- TICAL AGENCIES.—The head of each of the Des- ignated Statistical Agencies shall— (1) identify opportunities to eliminate dupli- cation and otherwise reduce reporting burden and cost imposed on the public in providing in- formation for statistical purposes; (2) enter into joint statistical projects to im- prove the quality and reduce the cost of statis- tical programs; and (3) protect the confidentiality of individ- ually identifiable information acquired for statistical purposes 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 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 identifi- able 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