§3576 — Title 44 Public Printing and Documents | U.S. Code

Summary

Allows the Census Bureau, the Bureau of Economic Analysis (BEA), and the Bureau of Labor Statistics (BLS) to share business data only for statistical work. The goals are to cut the paperwork businesses must fill out, make government economic numbers more accurate and comparable, and improve key measures like national income and how technology affects productivity. The heads of these agencies must try to stop duplicate reporting, run joint projects, and protect private data. They must follow safeguards like stressing confidentiality, training staff, keeping physical and electronic security, tracking who accesses data, and being ready to show they are following the rules. Identifiable business data can be shared only under a written agreement that says what data will be shared, why, who may see it, and how it will be kept secure. Only authorized people may look at identifiable reports and they face the same penalties for misuse as the original agency. Sharing does not change other legal duties (including sections 552 and 552b of title 5). If people were not told their required reports might be shared, the agency must give public notice and allow at least 60 days for comment. Shared data may be used only for statistics and any published results must not identify individual respondents. The three designated agencies are the Census Bureau, BEA, and BLS.

Title 44, §3576

Public Printing and Documents — Source: USLM XML via OLRC

(a)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 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 Statistics to update sample frames, develop consistent classifications of establishments and companies into industries, improve 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 regional 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.

(b)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 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 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.

(c)(1)A Designated Statistical Agency may provide business data in an identifiable form to another Designated Statistical Agency under the terms of a written agreement among the agencies sharing the business data that specifies—

(A)the business data to be shared;

(B)the statistical purposes for which the business data are to be used;

(C)the officers, employees, and agents authorized to examine the business data to be shared; and

(D)appropriate security procedures to safeguard the confidentiality of the business data.

(2)The provision of business data by an agency to a Designated Statistical Agency under this section shall in no way alter the responsibility of the agency providing the data under other statutes (including section 552 and 552b of title 5) with respect to the provision or withholding of such information by the agency providing the data.

(3)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 section shall be subject to all provisions of law, including penalties, that relate—

(A)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

(B)to the unlawful disclosure of the business data that would apply to officers, employees, and agents of the agency that originally obtained the information.

(4)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 Designated 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.

(d)(1)Business data provided by a Designated Statistical Agency pursuant to this section shall be used exclusively for statistical purposes.

(2)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 identifiable form.

(e)In this section, the term “Designated Statistical Agency” means each of the following:

(1)The Census Bureau of the Department of Commerce.

(2)The Bureau of Economic Analysis of the Department of Commerce.

(3)The Bureau of Labor Statistics of the Department of Labor.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Jan. 14, 2019, see section 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

Summary

Title 44, §3576

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata