§3561 — Title 44 Public Printing and Documents | U.S. Code

Summary

Defines key words used when federal agencies do statistical work. Agency is any entity that fits the definition of “executive agency” in section 102 of title 31 or “agency” in section 3502. Agent is an individual an executive agency hires or contracts with to do only statistical work under agency control; this can include employees of private groups, college researchers (including those with special sworn status from the Census Bureau under section 23(c) of title 13), people working under a government partner, self‑employed researchers, consultants, contractors or contractor employees, and people who design or run data systems; agents must agree in writing to follow laws about the information. Business data is operating and financial information about businesses, tax‑exempt groups, and government units. Data asset has the meaning given in section 3502. Director is the Director of the Office of Management and Budget. Evidence is information produced by statistical activities for a statistical purpose. Identifiable form is any way of showing information that lets someone reasonably infer who the respondent is, directly or indirectly. Nonstatistical purpose is using identifiable data for anything not statistical (for example, administrative, regulatory, law enforcement, adjudicatory, or other actions that affect a particular person’s rights, benefits, or privileges) and includes disclosure under section 552 of title 5 of data collected only for statistical use under a confidentiality pledge. Respondent is a person or organization asked or required to provide information, the subject of requested information, or the one who gives it. Statistical activities are collecting, compiling, processing, or analyzing data to describe or estimate groups or parts of the economy, society, or environment, and include making methods or tools that support that work. Statistical agency or unit is an executive‑branch agency or unit whose main job is statistical work, as designated by the Director under section 3562. Statistical purpose is describing, estimating, or analyzing group characteristics without identifying the people or organizations in the group, and includes developing or maintaining methods and procedures that support that work.

Title 44, §3561

Public Printing and Documents — Source: USLM XML via OLRC

In this subchapter:

(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, or “agency”, as defined in section 3502.

(2)The term “agent” means an individual—

(A)(i)who is an employee of a private organization or a researcher affiliated with an institution of higher learning (including a person granted special sworn status by the Bureau of the Census under section 23(c) of title 13), and with whom a contract or other agreement is executed, on a temporary basis, by an executive agency to perform exclusively statistical activities under the control and supervision of an officer or employee of that agency;

(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 activities 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 subchapter; and

(B)who agrees in writing to comply with all provisions of law that affect information acquired 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 “data asset” has the meaning given that term in section 3502.

(5)The term “Director” means the Director of the Office of Management and Budget.

(6)The term “evidence” means information produced as a result of statistical activities conducted for a statistical purpose.

(7)The term “identifiable form” means any representation of information that permits the identity of the respondent to whom the information applies to be reasonably inferred by either direct or indirect means.

(8)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, regulatory, 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 of data that are acquired for exclusively statistical purposes under a pledge of confidentiality.

(9)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 agency.

(10)The term “statistical activities”—

(A)means the collection, compilation, processing, or analysis of data for the purpose of describing or making estimates concerning the whole, or relevant groups or components within, the economy, society, or the natural environment; and

(B)includes the development of methods or resources that support those activities, such as measurement methods, models, statistical classifications, or sampling frames.

(11)The term “statistical agency or unit” means an agency or organizational unit of the executive branch whose activities are predominantly the collection, compilation, processing, or analysis of information for statistical purposes, as designated by the Director under section 3562.

(12)The term “statistical purpose”—

(A)means the description, estimation, or analysis of the characteristics of groups, without identifying the individuals or organizations that comprise such groups; and

(B)includes the development, implementation, or maintenance of methods, technical or administrative procedures, or information resources that support the purposes described in subparagraph (A).

Notes & Related Subsidiaries

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. Transitional and

Savings Provision

s Pub. L. 115–435, title III, § 302(d), Jan. 14, 2019, 132 Stat. 5553, provided that: “(1) Cutoff date.—This title [see

Short Title

of 2019 Amendment note set out under section 101 of this title] replaces certain provisions of law enacted on December 17, 2002. If a law enacted after that date amends or

Repeals

a provision replaced by this title, that law is deemed to amend or repeal, as the case may be, the corresponding provision enacted by this title. If a law enacted after that date is otherwise inconsistent with this title, it supersedes this title to the extent of the inconsistency. “(2) Original date of enactment unchanged.—For purposes of determining whether one provision of law supersedes another based on enactment later in time, the date of the enactment of a provision enacted by this title is deemed to be the date of the enactment of the provision it replaced. “(3) References to provisions replaced.—A reference to a provision of law replaced by this title, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this title. “(4)

Regulations

, orders, and other administrative actions.—A regulation, order, or other administrative action in effect under a provision of law replaced by this title continues in effect under the corresponding provision enacted by this title. “(5) Actions taken and offenses committed.—An action taken or an offense committed under a provision of law replaced by this title is deemed to have been taken or committed under the corresponding provision enacted by this title.” Deadline for Guidance and Implementation Pub. L. 115–435, title III, § 303(c), Jan. 14, 2019, 132 Stat. 5556, provided that: “Not later than 1 year after the date of the enactment of this Act [Jan. 14, 2019], the Director of the Office of Management and Budget shall promulgate or issue any regulation or guidance required by subchapter III of [chapter 35 of] title 44, United States Code, as amended by this section, with a requirement for such regulation or guidance to be implemented not later than 1 year after the date on which such regulation or guidance has been promulgated or issued.”

§3561 Definitions

Summary

Title 44, §3561

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Savings Provision

Short Title

Repeals

Regulations

Citations & Metadata