CIPSEA, Confidentiality and the Cooperative Agreement

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• CIPSEA, Confidentiality and the Cooperative
  Agreement
• John Filemyr
• Chief, Division of Federal-State
• Cooperative Programs
• Office of Field Operations
• Bureau of Labor Statistics

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Confidential Information Protection and
Statistical Efficiency Act
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Why CIPSEA?

• Establish widespread and uniform confidentiality
  protections
• Promote efficiency through limited data sharing
  between certain federal statistical agencies

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Why CIPSEA?

• Statutory authority that protects confidential
  data
• Essential for gaining employer and individual
  cooperation in data collection

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Confidentiality Protections

• Covers information collected under a pledge of
  confidentiality.
• Fines and penalties
• For knowing and willful disclosure
• Class E felony
• Imprisonment for up to 5 years
• Fine of up to 250,000

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Areas of Update

• Status of Census-BLS MOU
• Proposed BLS/State MOU
• Fact of Discrepancy
• Cooperative Agreement Changes

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Census-BLS MOU

• Purpose arrange for sharing of QCEW data for
  LED purposes
• BLS will provide data quarterly, including
  pre-1998 data
• Will be transmitted approximately 6 weeks after
  submittal of QCEW to BLS.

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Census-BLS MOU (Cont.)

• BLS will transmit current quarter and revised
  previous quarter data each quarter.
• Will be the non-shareable file.
• Will only be for those states who authorize BLS
  to provide the file
• There is only one outstanding issue to be
  resolved.

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BLS-State MOU

• Why
• SOL interprets CA as limited to activities states
  perform under contract for BLS
• Other uses of data collected under the CA must be
  specifically authorized
• BLS desires to allow greatest use consistent with
  law
• BLS/State Mou will achieve this

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Pre-approved Statistical Activities

• Use of OES, QCEW and CES microdata in developing
  State and sub-State employment projections.
• Use of CES microdata for developing payroll
  employment estimates in the Automated Current
  Employment Statistics system for areas that are
  not part of the BLS-defined scope of the program.
• Use of OES microdata for developing estimates for
  areas that are not part of the BLS-defined scope
  of the program using Electronic Data Systems.

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Pre-approved Statistical Activities (Cont.)

• Use of OES and CES microdata and the CIPSEA
  protected QCEW file to develop customized
  employment and wage aggregations in response to
  requests from State officials and others.
• Use of the CIPSEA protected QCEW file in sampling
  or estimation for non-BLS funded surveys.
• Use of nondisclosable data in the MicroMatrix
  projections system that were derived from the
  OES, QCEW, and CES programs for developing
  customized occupational employment aggregations.

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Other MOU Details

• Data can only be used for statistical purposes
• Prescribes process for gaining approval of other
  statistical activities
• MOU does not in any way relate to state data
  sharing with others
• Access to confidential data restricted to
  BLS-designated agents
• All work must be performed in State Agency

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Improving the QCEW File

• LMI Administrative Memo. No. S-04-07 prohibited
  inclusion of information obtained from other BLS
  Fed/State surveys into the QCEW program
• QCEW Technical Memo No. S-05-04 identifies a
  method for incorporating these updates

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Fact of Discrepancy Process

• Ensure the worksites are identical
• Use publicly available sources to verify survey
  information
• Verify information using QCEW pledge
• Existing MWRARS information
• Mail an unclassified (3023 NCA) form
• Telephone the respondent

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Fact of Discrepancy (Cont.)

• QCEW Staff resolves discrepancy
• Notifies RO if large coding change
• Inform the originating program of decision and/or
  change QCEW
• Changes can only be made to QCEW if employer
  agrees to uses under the QCEW pledge

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Pledge of Confidentiality

• CES Form Statement
• The Bureau of Labor Statistics and the State
  agencies will use this information for
  statistical purposes only and will hold it in
  confidence to the full extent permitted by law.

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Pledges for the QCEW Program

• MWR Form
• The information collected on this form by the
  Bureau of Labor Statistics and the State agencies
  cooperating in its statistical programs will be
  used for statistical and unemployment insurance
  purposes, and other purposes in accordance with
  law.

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Pledges for the QCEW Program

• Data collected with this type of statement can be
  released by the states in accordance with their
  state law and can therefore be included in the
  shareable QCEW file.

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Cooperative Agreement Changes

• Section S., Confidentiality
• Wording has been added to state that BLS
  officers, employees and agents are subject to
  CIPSEA and other Federal laws governing
  confidentiality
• State Agency agrees to assign a BLS-State
  Cooperating Representative and that the
  Cooperating Representative will be designated an
  agent by BLS and sign a BLS Agent Agreement each
  year

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CA Changes (Cont.)

• State Agency agrees to obtain BLS approval prior
  to using the confidential information for any
  statistical activity not funded under the CA.
• Increased detail listing specific steps state
  must take upon receipt of demand for access to
  confidential information

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Agent Agreement

• New Agent Agreement form one form for all
• Cooperating Rep provides BLS with list of
  candidates to be designated as agents
• BLS RC will review list and prepare Agent
  Agreement for each approved agent candidate and
  will signify approval by signing the Agent
  Agreement

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Agent Agreement (Cont.)

• Agent Agreements forwarded to Cooperating Rep who
  is responsible for ensuring each approved agent
  candidate signs their Agent Agreement
• All signed Agent Agreements are forwarded to the
  RO, where they are maintained on file.

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Changes to all Program Requirements

• Further clarification of requirement of state
  staff to attend meetings and training
• Requirement prohibiting States from using BLS
  survey samples for the collection of additional
  respondent information
• Requirement that states not share estimates
  outside of LMI unit until they are final and
  ready for publication