44 U.S.C. § 3561 — Definitions
submitted 7 years ago by Pub. L. 115-435 to r/title-44-PUBLIC-PRINTING-AND-DOCUMENTS · 656 words · no verdicts yet
This section defines the terms used in this subchapter, including agency, agent, business data, data asset, Director, evidence, identifiable form, nonstatistical purpose, respondent, statistical activities, statistical agency or unit, and statistical purpose.
In this subchapter: (1) “Agency” means an entity that is an executive agency under 31 U.S.C. 102 or an agency under section 3502. (2) “Agent” means an individual (A) who is (i) a private-organization employee or higher-education researcher temporarily contracted by an executive agency for exclusively statistical activities under that agency's supervision; (ii) working under a government entity contracted by an executive agency for exclusively statistical activities under that agency's supervision; (iii) a self-employed researcher, consultant, contractor, or contractor employee contracted for a statistical activity under that agency's supervision; or (iv) a contractor or contractor employee engaged to design or maintain systems handling or storing data received under this subchapter; and (B) who agrees in writing to obey all laws affecting information acquired by that agency. (3) “Business data” means operating and financial data and information about businesses, tax-exempt organizations, and government entities. (4) “Data asset” has the meaning in section 3502. (5) “Director” means the OMB Director. (6) “Evidence” means information produced by statistical activities for a statistical purpose. (7) “Identifiable form” means any representation from which the respondent's identity can reasonably be inferred directly or indirectly. (8) “Nonstatistical purpose” means using identifiable data for a purpose other than a statistical purpose, including administrative, regulatory, law-enforcement, adjudicatory, or other action affecting an identifiable respondent's rights, privileges, or benefits. It also includes disclosing under 5 U.S.C. 552 data acquired exclusively for statistical purposes under a confidentiality pledge. (9) “Respondent” means a person or organization asked or required to supply information to an agency, the subject of information asked or required to be supplied, or a person or organization that supplies it. (10) “Statistical activities” means collecting, compiling, processing, or analyzing data to describe or estimate the whole or relevant groups or parts of the economy, society, or natural environment. It includes developing methods or resources supporting those activities, such as measurement methods, models, classifications, and sampling frames. (11) “Statistical agency or unit” means an executive-branch agency or organizational unit predominantly collecting, compiling, processing, or analyzing information for statistical purposes, as designated by the Director under section 3562. (12) “Statistical purpose” means describing, estimating, or analyzing group characteristics without identifying the individuals or organizations in the groups. It includes developing, implementing, or maintaining methods, technical or administrative procedures, and information resources supporting that work.
In this subchapter:
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.
The term “agent” means an individual—
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;
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;
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
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
who agrees in writing to comply with all provisions of law that affect information acquired by that agency.
The term “business data” means operating and financial data and information about businesses, tax-exempt organizations, and government entities.
The term “Director” means the Director of the Office of Management and Budget.
The term “evidence” means information produced as a result of statistical activities conducted for a statistical purpose.
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.
The term “nonstatistical purpose”—
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
includes the disclosure under section 552 of title 5 of data that are acquired for exclusively statistical purposes under a pledge of confidentiality.
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.
The term “statistical activities”—
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
includes the development of methods or resources that support those activities, such as measurement methods, models, statistical classifications, or sampling frames.
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.
The term “statistical purpose”—
means the description, estimation, or analysis of the characteristics of groups, without identifying the individuals or organizations that comprise such groups; and
includes the development, implementation, or maintenance of methods, technical or administrative procedures, or information resources that support the purposes described in subparagraph (A).
Source credit: (Added Pub. L. 115–435, title III, § 302(a), Jan. 14, 2019, 132 Stat. 5544.)
- 2019Enacted · Pub. L. 115-435 · 132 Stat. 5544
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-435 on 2019-01-14.
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