[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60772-60773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17086]


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OFFICE OF MANAGEMENT AND BUDGET


Proposed Implementation Guidance for Title V of the E-Government 
Act, Confidential Information Protection and Statistical Efficiency Act 
of 2002 (CIPSEA)

AGENCY: Office of Management and Budget, Executive Office of the 
President.

ACTION: Notice and request for comments.

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SUMMARY: The Confidential Information Protection andStatistical 
Efficiency Act of 2002 (CIPSEA) can provide strong confidentiality 
protections for statistical information collections, such as surveys 
and censuses, as well as for other statistical activities, such as data 
analysis, modeling, and sample design, that are sponsored or conducted 
by Federal agencies. The purpose of the proposed CIPSEA implementation 
guidance is to inform agencies about the requirements for using CIPSEA 
and clarify the circumstances under which CIPSEA can be used. The 
Office of Management and Budget (OMB) requests comments on the proposed 
Implementation Guidance for Title V of the E-Government Act, the 
Confidential Information Protection and Statistical Efficiency Act of 
2002. The complete text of the proposed guidance is available on the 
OMB Web site at http://www.whitehouse.gov/omb/inforeg/statpolicy.html.

    Authority: 31 U.S.C. 1104(d); 44 U.S.C. 3504 (specifically 
(a)(1)(B)(iii) and (v), (e)(1), (3) and (5), and (g)(1)); Pub. L. 
107-347 503(a), 44 U.S.C. 3501 note.

DATES: To ensure consideration during the final decision-making 
process, written comments must be provided to OMB no later than 
December 15, 2006.

ADDRESSES: Due to potential delays in OMB's receipt and processing of 
mail, respondents are strongly encouraged to submit comments 
electronically to ensure timely receipt. We cannot guarantee that 
comments mailed will be received before the comment closing date. 
Electronic comments may be submitted to: Brian A. Harris-Kojetin at 
[email protected]. Please provide the full body of your comments in 
the text of the electronic message and as an attachment. Please include 
your name, title, organization, postal address, telephone number, and 
e-mail address in the text of the message. Comments may also be 
submitted via facsimile to (202) 395-7245. Comments may be mailed to 
Brian Harris-Kojetin, Ph.D., Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725 17th Street, NW., New 
Executive Office Building, Room 10201, Washington, DC 20503. All 
comments submitted in response to this notice will be made available to 
the public, including by posting them on OMB's Web site. For this 
reason, please do not include in your comments information of a 
confidential nature, such as sensitive personal information or 
proprietary information.

FOR FURTHER INFORMATION CONTACT: Brian Harris-Kojetin, Ph.D., 
Statistical and Science Policy Office, Office of Information and 
Regulatory Affairs, Office of Management and Budget, NEOB, Room 10201, 
725 17th Street, NW., Washington, DC 20503. Telephone: 202-395-3093.

SUPPLEMENTARY INFORMATION:

Background

    Statistics collected and published by the Federal Government 
constitute a significant portion of the available information about the 
United States' economy, population, natural resources, environment, and 
public and private institutions. There are more than 70 Federal 
agencies or organizational units that carry out statistical activities 
as their principal mission or in conjunction with other program 
missions, such as providing services or enforcing regulations. In 
addition to these 70 agencies, many other Federal agencies or units may 
collect statistical information to use for specific program needs.
    Prior to the enactment CIPSEA, a patchwork of legislative 
protections governed the confidentiality of data gathered for 
statistical purposes by the different agencies and units. Some agencies 
had strong statutory authority to protect the confidentiality of the 
data they gathered for statistical purposes, while other agencies had 
weak or no legislative authority to protect confidentiality. In 
addition, the ability of the designated statistical agencies to share 
information to improve the

[[Page 60773]]

efficiency of the Federal statistical system was limited by statutory 
constraints affecting those agencies.
    By establishing a uniform policy for all Federal statistical 
collections, this law will reduce public confusion, uncertainty, and 
concern about the treatment of confidential statistical information by 
different Federal agencies. By establishing consistent rational 
principles and processes to buttress confidentiality pledges, the 
guidance that implements the law will harmonize confidentiality claims 
and set minimum standards for safeguarding confidential statistical 
information. Such consistent protection of confidential statistical 
information will, in turn, reduce the perceived risks of more efficient 
working relationships among statistical agencies, relationships that 
can reduce both the cost and reporting burden imposed by statistical 
programs.

Development and Review

    In 2003, OMB and the other members of the Interagency Council on 
Statistical Policy (ICSP) formed an interagency group to discuss issues 
that OMB and the agencies anticipated would arise in the implementation 
of CIPSEA. OMB was particularly interested in understanding the 
questions and concerns that these statistical agencies had about the 
new law and how it would affect their activities. OMB also sought to 
incorporate the best practices of these agencies for handling 
confidential statistical information.
    An initial draft of this implementation guidance was reviewed by 
the ICSP members, and OMB revised the draft guidance in response to the 
comments that we received. Based on the use of the law by agencies over 
the past three years, OMB has also addressed in the proposed guidance 
specific issues that have arisen, such as nonstatistical agencies' use 
of CIPSEA.

Issues for Comment

    With this notice, OMB requests comments on the proposed 
Implementation Guidance for Title V of the E-Government Act, the 
Confidential Information Protection and Statistical Efficiency Act of 
2002 (CIPSEA). OMB seeks comments from interested parties on all 
aspects of this proposed guidance. In particular, OMB seeks comments on 
the appropriate use of CIPSEA by statistical and nonstatistical 
agencies, and the appropriate wording for CIPSEA and non-CIPSEA 
pledges. OMB also seeks comments on the necessary elements for 
contracts and written agreements for agents covered in Appendix A of 
the guidance.

Steven D. Aitken,
Acting Administrator, Office of Information and Regulatory Affairs.
[FR Doc. E6-17086 Filed 10-13-06; 8:45 am]
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