Calendar No. 700

105TH CONGRESS

2D SESSION S. 1404

[Report No. 105–367]

A BILL

To establish a Federal Commission on Statistical

safeguards.agencies for statistical purposes under stronglimited sharing of records among designatedthe quality of Federal statistics by permittingthe efficiency of Federal statistical programs andexclusively statistical purposes, and to improvefor the confidentiality of information acquired forstatistical system, to provide uniform safeguardsPolicy to study the reorganization of the Federal

OCTOBER 6 (legislative day, OCTOBER 2), 1998

Reported with an amendment
II

Calendar No. 700

105TH CONGRESS

2D SESSION S. 1404

[Report No. 105–367]

To establish a Federal Commission on Statistical Policy to study the reorganization of the Federal statistical system, to provide uniform safeguards

for the confidentiality of information acquired for exclusively statistical

purposes, and to improve the efficiency of Federal statistical programs

and the quality of Federal statistics by permitting limited sharing of

records among designated agencies for statistical purposes under strong

safeguards.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

Mr. BROWNBACK (for himself, Mr. MOYNIHAN, Mr. THOMPSON, and Mr.

KERREY) introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

OCTOBER 6 (legislative day, OCTOBER 2), 1998

Reported by Mr. THOMPSON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To establish a Federal Commission on Statistical Policy to

study the reorganization of the Federal statistical system, to provide uniform safeguards for the confidentiality

of information acquired for exclusively statistical purposes, and to improve the efficiency of Federal statistical

programs and the quality of Federal statistics by permit-
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ting limited sharing of records among designated agencies for statistical purposes under strong safeguards.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Federal Statistical System Act of 1997’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Sense of the Congress.

TITLE I—FEDERAL COMMISSION ON STATISTICAL POLICY

Sec. 101. Establishment.

Sec. 102. Duties of Commission.

Sec. 103. Powers.

Sec. 104. Commission procedures.

Sec. 105. Personnel matters.

Sec. 106. Other administrative provisions.

Sec. 107. Termination.

Sec. 108. Fast-track procedures for statistical reorganization bill.

TITLE II—EFFICIENCY AND CONFIDENTIALITY OF FEDERAL

STATISTICAL SYSTEMS

Sec. 201. Purposes.

Sec. 202. Definitions.

Sec. 203. Designation of Statistical Data Centers.

Sec. 204. Statistical Data Center responsibilities.

Sec. 205. Limitations on use and disclosure of data and information by Statistical Data Centers.

Sec. 206. Disclosure of data or information by Federal agencies to Statistical

Data Centers.

Sec. 207. Statistical Data Center successors.

Sec. 208. Coordination and oversight by Office of Management and Budget.

Sec. 209. Effect on other laws.

Sec. 210. Proposed changes in law.

8 SEC. 2. FINDINGS.

9 The Congress, recognizing the importance of statis10 tical information in the development of national priorities
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1 and policies and in the administration of public programs,

2 hereby finds the following:

3 (1) While the demand for statistical information

4 has grown substantially during the last 30 years, the

5 difficulty of coordinating planning within the decen6 tralized Federal statistical system has limited the

7 usefulness of statistics in defining problems and de8 termining national policies to deal with complex so9 cial and economic issues.

10 (2) Coordination and planning among the sta11 tistical programs of the Government are necessary to

12 strengthen and improve the quality and utility of

13 Federal statistics and to reduce duplication and

14 waste in information collected for statistical pur15 poses.

16 (3) High-quality Federal statistical products

17 and programs are essential for sound business and

18 public policy decisions.

19 (4) The challenge of providing high-quality sta20 tistics has increased because our economy and soci21 ety are more complex, new technologies are avail22 able, and decisionmakers need more complete and

23 accurate data.

24 (5) Maintaining quality of Federal statistical

25 products requires full cooperation between Federal
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1 statistical agencies and those persons and organiza2 tions that respond to their requests for information.

3 (6) Federal statistical products and programs

4 can be improved, without reducing respondent co5 operation, by permitting carefully controlled sharing

6 of data with statistical agencies in a manner that is

7 consistent with confidentiality commitments made to

8 respondents.

9 SEC. 3. SENSE OF THE CONGRESS.

10 It is the sense of the Congress that—

11 (1) a more centralized statistical system is inte12 gral to efficiency;

13 (2) with increased efficiency comes better inte14 gration of research methodology, survey design, and

15 economies of scale;

16 (3) the Chief Statistician must have the author17 ity, personnel, and other resources necessary to

18 carry out the duties of that office effectively, includ19 ing duties relating to statistical forms clearance; and

20 (4) statistical forms clearance at the Office of

21 Management and Budget should be better distin22 guished from regulatory forms clearance.
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1 TITLE I—FEDERAL COMMISSION

2 ON STATISTICAL POLICY

3 SEC. 101. ESTABLISHMENT.

4 (a) ESTABLISHMENT.—There is established a com5 mission to be known as the ‘‘Federal Commission on Sta6 tistical Policy’’ (in this title referred to as the ‘‘Commis7 sion’’).

8 (b) COMPOSITION.—The Commission shall be com9 posed of 15 members as follows:

10 (1) The Chief Statistician of the Office of Man11 agement and Budget.

12 (2)(A) One member appointed by the President

13 who—

14 (i) is a Cabinet officer, an officer of Cabi15 net rank, the Chairman of the Board of Gov16 ernors of the Federal Reserve System, the

17 Comptroller General, or the Chairman of the

18 Council of Economic Advisers; and

19 (ii) shall serve as Chairman of the Com20 mission.

21 (B) Five members appointed by the President

22 from among individuals who—

23 (i) are not officers or employees of the

24 United States; and
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1 (ii) are qualified to serve on the Commis2 sion by virtue of experience relating to the Bu3 reau of the Census, the Bureau of Economic

4 Analysis, or the Bureau of Labor Statistics.

5 (3) Four members appointed by the Speaker of

6 the House of Representatives, in consultation with

7 the majority leader and minority leader of the House

8 of Representatives, from among individuals who—

9 (A) are not officers or employees of the

10 United States; and

11 (B) are qualified to serve on the Commis12 sion by virtue of experience relating to one or

13 more of the bureaus referred to in paragraph

14 (2)(B)(ii).

15 (4) Four members appointed by the President

16 pro tempore of the Senate, in consultation with the

17 majority leader and minority leader of the Senate,

18 from among individuals who—

19 (A) are not officers or employees of the

20 United States; and

21 (B) are qualified to serve on the Commis22 sion by virtue of experience relating to one or

23 more of the bureaus referred to in paragraph

24 (2)(B)(ii).
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1 (c) DEADLINE FOR APPOINTMENT.—Members shall

2 be appointed to the Commission not later than four

3 months after the date of the enactment of this Act.

4 (d) POLITICAL AFFILIATION.—(1) Of the members of

5 the Commission appointed under subsection (b)(2)(B), not

6 more than three may be of the same political party.

7 (2) Of the members of the Commission appointed

8 under subsection (b)(3), not more than two may be of the

9 same political party.

10 (3) Of the members of the Commission appointed

11 under subsection (b)(4), not more than two may be of the

12 same political party.

13 (e) CONSULTATION BEFORE APPOINTMENTS.—In

14 making appointments under subsection (b), the President,

15 the Speaker of the House of Representatives, and the

16 President pro tempore of the Senate shall consult with ap17 propriate professional organizations, including the Amer18 ican Economic Association, the American Statistical Asso19 ciation, the National Academy of Sciences, the National

20 Academy of Public Administration, the American Public

21 Health Association, the American Sociological Association,

22 the American Political Science Association, the National

23 Governors Association, the United States Conference of

24 Mayors, and the Conference Board.
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1 (f) TERMS.—(1) Each member appointed under sub2 section (b)(2) shall be so appointed for a term of four

3 years, except that, of the members first appointed under

4 subsection (b)(2)(B), two (who shall be of different politi5 cal parties) shall be appointed for a term of two years.

6 (2) Each member appointed under subsection (b)(3)

7 shall be so appointed for a term of four years, except that,

8 of the members first appointed, two (who shall be of dif9 ferent political parties) shall be appointed for a term of

10 two years.

11 (3) Each member appointed under subsection (b)(4)

12 shall be so appointed for a term of four years, except that,

13 of the members first appointed, two (who shall be of dif14 ferent political parties) shall be appointed for a term of

15 two years.

16 SEC. 102. DUTIES OF COMMISSION.

17 (a) STUDY AND REPORT.—The Commission shall

18 study and, not later than 18 months after the date of the

19 enactment of this Act, submit to Congress a written report

20 on the Federal statistical system including—

21 (1) recommendations on how the Federal statis22 tical system could be reorganized by consolidating

23 the statistical functions of agencies that carry out

24 statistical programs;
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1 (2) recommendations on how to consolidate the

2 Bureau of Labor Statistics, the Bureau of the Cen3 sus, and the Bureau of Economic Analysis by Octo4 ber 1, 2001 (or by a date after that date), in a Fed5 eral Statistical Service;

6 (3) recommendations on how the consolidation

7 described in paragraph (2) may be achieved without

8 disruption in the release of statistical products;

9 (4) recommendations on whether the functions

10 of other agencies that carry out statistical programs

11 should be transferred to a Federal Statistical Serv12 ice;

13 (5) recommendations on whether the functions

14 of the Bureau of the Census relating to decennial

15 censuses of population should be delineated from the

16 other functions of the Bureau and, if so, rec17 ommendations on how such a delineation of func18 tions might be achieved;

19 (6) any other recommendations regarding how

20 the Federal statistical system could be reorganized

21 to achieve greater efficiency in carrying out Federal

22 statistical programs; and

23 (7) recommendations on possible improvements

24 to procedures for the release of major economic and

25 social indicators by the United States.
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1 (b) STATISTICAL REORGANIZATION BILL.—(1) If the

2 written report submitted to Congress under subsection (a)

3 contains recommendations on the consolidation of the Bu4 reau of Labor Statistics, the Bureau of the Census, and

5 the Bureau of Economic Analysis in a Federal Statistical

6 Service, the report shall contain draft legislation incor7 porating such recommendations.

8 (2) Draft legislation submitted to Congress under

9 this subsection shall be limited to implementation of rec10 ommendations for the consolidation or reorganization of

11 the functions of such bureaus.

12 (3) Draft legislation submitted to Congress under

13 this subsection that would establish a Federal Statistical

14 Service shall—

15 (A) provide for an Administrator and Deputy

16 Administrator of the Federal Statistical Service, and

17 the creation of other officers as appropriate; and

18 (B) contain a provision designating the Admin19 istrator as a member of the Interagency Council on

20 Statistical Policy established under section

21 3504(e)(8) of title 44, United States Code.

22 (c) PERMANENT FUNCTIONS OF COMMISSION.—If

23 legislation establishing a Federal Statistical Service is en24 acted by the Congress on or before the date that is 18

25 months after the date that the Commission submits its
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1 report to Congress under section 102(a), the Commission

2 shall—

3 (1) make recommendations for nominations for

4 the appointment of an Administrator and Deputy

5 Administrator, and make recommendations with re6 spect to the creation of, and nominations for, other

7 positions in the Federal Statistical Service;

8 (2) serve as an advisory body to the Federal

9 Statistical Service on confidentiality issues relating

10 to—

11 (A) the collection by, or sharing of data for

12 statistical purposes among, Federal agencies;

13 and

14 (B) the sharing of data for statistical pur15 poses by States and local governments with the

16 United States; and

17 (3) conduct comprehensive studies and submit

18 reports to Congress on all matters relating to the

19 Federal statistical infrastructure, including longitu20 dinal surveys conducted by private agencies and par21 tially funded by the Federal Government for the

22 purpose of identifying opportunities to improve the

23 quality of statistics in the United States. Such stud24 ies shall include—
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1 (A) an evaluation of the accuracy and ap2 propriateness of key statistical indicators and

3 recommendations on ways to improve such ac4 curacy and appropriateness so that the indica5 tors better serve the major purposes for which

6 they were intended;

7 (B) an examination of multipurpose statis8 tical agencies that collect and analyze data of

9 broad interest across department and function

10 areas, such as the Bureau of Economic Analy11 sis, the Bureau of the Census, and the Bureau

12 of Labor Statistics, for the purpose of under13 standing the interrelationship and flow of data

14 among agencies;

15 (C) a review and evaluation of the collec16 tion of data for purposes of administering such

17 programs as Old-Age, Survivors and Disability

18 Insurance and Unemployment Insurance under

19 the Social Security Act;

20 (D) a review and evaluation of the mission

21 and organization of various statistical agencies,

22 including—

23 (i) recommendations with respect to

24 statistical activities that should be ex25 panded or eliminated;
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1 (ii) the order of priority such activities

2 should be carried out; and

3 (iii) a review of the advantages and

4 disadvantages of a centralized statistical

5 agency of additional consolidation of Fed6 eral statistical agencies;

7 (E) an examination of the methodology in8 volved in producing official data and rec9 ommendations for technical changes to improve

10 statistics;

11 (F) a review of interagency coordination of

12 statistical data and recommendations of meth13 ods to standardize collection procedures and

14 surveys, as appropriate, and presentation of

15 data throughout the Federal system;

16 (G) a review of information technology and

17 recommendations of appropriate methods for

18 disseminating statistical data, with special em19 phasis on resources such as the Internet that

20 allow the public to obtain information in a time21 ly and cost-effective manner;

22 (H) an identification and examination of

23 issues regarding individual privacy in the con24 text of statistical data;
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1 (I) a comparison of the United States sta2 tistical system to statistical systems of other

3 nations for the purposes of identifying best

4 practices and developing a system of maintain5 ing best practices over time;

6 (J) a consideration of the coordination of

7 statistical data with other nations and inter8 national agencies, such as the Organization for

9 Economic Cooperation and Development;

10 (K) a recommendation of a strategy for

11 maintaining a modern and efficient Federal sta12 tistical infrastructure to produce meaningful in13 formation as the needs of the United States so14 ciety and economy change; and

15 (L) recommendations regarding the use of

16 statistical data in Federal funding formulas, the

17 presentation to the public of statistical data col18 lected by Federal agencies, and standards of ac19 curacy for statistical data used by Federal

20 agencies, including statistical data relating to—

21 (i) the national poverty level and

22 county poverty levels in the United States;

23 (ii) the Consumer Price Index;

24 (iii) the gross national product;
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1 (iv) other indicators of economic and

2 social activity; and

3 (v) the decennial census.

4 (d) DEFINITION OF FEDERAL STATISTICAL SERV5 ICE.—As used in this section, the term ‘‘Federal Statis6 tical Service’’ means an entity established after the date

7 of the enactment of this Act as an independent establish8 ment in the executive branch, the purpose of which is to

9 carry out Federal statistical programs and to which the

10 statistical functions of the Bureau of Economic Analysis,

11 the Bureau of the Census, or the Bureau of Labor Statis12 tics are transferred.

13 SEC. 103. POWERS.

14 (a) HEARINGS AND SESSIONS.—The Commission

15 may, for the purpose of carrying out this Act, hold hear16 ings, sit and act at times and places, take testimony, and

17 receive evidence as the Commission considers appropriate.

18 (b) OBTAINING INFORMATION.—The Commission

19 may secure directly from any department or agency of the

20 United States information necessary to enable it to carry

21 out this Act. Upon request of the Chairman of the Com22 mission, the head of that department or agency shall fur23 nish that information to the Commission.
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1 (c) IMMUNITY.—The Commission is an agency of the

2 United States for purposes of part V of title 18, United

3 States Code (relating to immunity of witnesses).

4 (d) CONTRACT AUTHORITY.—The Commission may

5 contract with and compensate government and private

6 agencies or persons without regard to section 3709 of the

7 Revised Statutes (41 U.S.C. 5).

8 SEC. 104. COMMISSION PROCEDURES.

9 (a) MEETINGS.—The Commission shall meet at the

10 call of the Chairman or a majority of its members.

11 (b) QUORUM.—Eight members of the Commission

12 shall constitute a quorum but a lesser number may hold

13 hearings.

14 (c) DELEGATION OF AUTHORITY.—Any member or

15 agent of the Commission may, if authorized by the Com16 mission, take any action which the Commission is author17 ized to take by this Act.

18 SEC. 105. PERSONNEL MATTERS.

19 (a) PAY OF MEMBERS.—Members of the Commission

20 appointed under paragraphs (2)(B), (3), or (4) of section

21 101(b) shall be entitled to receive the daily equivalent of

22 the rate of basic pay for level IV of the Executive Schedule

23 under section 5315 of title 5, United States Code, for each

24 day (including travel time) during which they are engaged
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1 in the actual performance of duties vested in the Commis2 sion.

3 (b) TRAVEL EXPENSES.—Each member of the Com4 mission shall receive travel expenses, including per diem

5 in lieu of subsistence, in accordance with sections 5702

6 and 5703 of title 5, United States Code.

7 (c) STAFF.—The Commission may appoint and fix

8 the pay of personnel as it considers appropriate.

9 (d) APPLICABILITY OF CERTAIN CIVIL SERVICE

10 LAWS.—Staff of the Commission may be appointed with11 out regard to the provisions of title 5, United States Code,

12 governing appointments in the competitive service, and

13 may be paid without regard to the provisions of chapter

14 51 and subchapter III of chapter 53 of that title relating

15 to classification and General Schedule pay rates, except

16 that an individual so appointed may not receive pay in

17 excess of the highest basic rate of pay established for the

18 Senior Executive Service under section 5382 of such title.

19 SEC. 106. OTHER ADMINISTRATIVE PROVISIONS.

20 (a) POSTAL AND PRINTING SERVICES.—The Com21 mission may use the United States mails and obtain print22 ing and binding services in the same manner and under

23 the same conditions as other departments and agencies of

24 the United States.
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1 (b) ADMINISTRATIVE SUPPORT SERVICES.—Upon

2 the request of the Commission, the Administrator of Gen3 eral Services shall provide to the Commission, on a reim4 bursable basis, the administrative support services nec5 essary for the Commission to carry out its responsibilities

6 under this Act.

7 (c) EXPERTS AND CONSULTANTS.—The Commission

8 may procure temporary and intermittent services under

9 section 3109(b) of title 5, United States Code.

10 SEC. 107. TERMINATION.

11 (a) INAPPLICABILITY OF FEDERAL ADVISORY COM12 MITTEE ACT.—Section 14(a)(2)(B) of the Federal Advi13 sory Committee Act (5 U.S.C. App.), relating to the termi14 nation of advisory committees, shall not apply to the Com15 mission.

16 (b) CONTINGENCY OF TERMINATION.—If legislation

17 establishing a Federal Statistical Service (as that term is

18 defined in section 102(d)) is not enacted by the Congress

19 on or before the date that is 18 months after the date

20 that the Commission submits its report under section

21 102(a), the Commission shall terminate upon expiration

22 of that period.
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1 SEC. 108. FAST-TRACK PROCEDURES FOR STATISTICAL RE2 ORGANIZATION BILL.

3 (a) RULES OF HOUSE OF REPRESENTATIVES AND

4 SENATE.—This section is enacted by the Congress—

5 (1) as an exercise of the rulemaking power of

6 the House of Representatives and the Senate, re7 spectively, and as such it shall be considered as part

8 of the rules of each House, respectively, or of that

9 House to which it specifically applies, and shall su10 persede other rules only to the extent that they are

11 inconsistent with this section; and

12 (2) with full recognition of the constitutional

13 right of either House to change the rules (so far as

14 relating to such House) at any time, in the same

15 manner and to the same extent as in the case of

16 any other rule of that House.

17 (b) DEFINITION.—As used in this section, the term

18 ‘‘statistical reorganization bill’’ means only a bill of either

19 House of Congress—

20 (1) that is substantially identical to the draft

21 legislation submitted to Congress by the Commission

22 under section 102(b); and

23 (2) that is introduced as provided in subsection

24 (c).

25 (c) INTRODUCTION AND REFERRAL.—Within 15 leg26 islative days after the Commission submits to Congress
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1 draft legislation under section 102(b), legislation that is

2 substantially identical to the draft legislation shall be in3 troduced (by request) in the House by the majority leader

4 of the House of Representatives and shall be introduced

5 (by request) in the Senate by the majority leader of the

6 Senate. Such bills shall be referred to the appropriate

7 committees.

8 (d) CERTAIN AMENDMENTS PROHIBITED.—No

9 amendment to a statistical reorganization bill other than

10 a technical amendment shall be in order in either the

11 House of Representatives or the Senate, and no motion

12 to suspend the application of this subsection shall be in

13 order in either House, nor shall it be in order in either

14 House to entertain a request to suspend the application

15 of this subsection by unanimous consent.

16 (e) PERIOD FOR COMMITTEE AND FLOOR CONSIDER17 ATION.—

18 (1) If the committee of either House to which

19 a statistical reorganization bill has been referred has

20 not reported it at the close of the 20th day after its

21 introduction, such committee shall be automatically

22 discharged from further consideration of the bill and

23 it shall be placed on the appropriate calendar. If

24 prior to the passage by one House of a statistical re25 organization bill of that House, that House receives
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1 the same statistical reorganization bill from the

2 other House, then—

3 (A) the procedure in that House shall be

4 the same as if no statistical reorganization bill

5 had been received from the other House; but

6 (B) the vote on final passage shall be on

7 the statistical reorganization bill of the other

8 House.

9 (2) A vote on final passage of a statistical reor10 ganization bill shall be taken in each House on or

11 before the close of the 15th day after the bill is re12 ported by the committee or committees of that

13 House to which the bill was referred, or the 15th

14 day after such committee or committees have been

15 discharged from further consideration of the bill.

16 (3) For purposes of this subsection, in comput17 ing a number of days in either House, there shall be

18 excluded the days on which that House is not in ses19 sion because of an adjournment of more than 3 days

20 to a day certain or an adjournment of the Congress

21 sine die.

22 (f) FLOOR CONSIDERATION IN THE HOUSE.—

23 (1) A motion in the House of Representatives

24 to proceed to the consideration of a statistical reor25 ganization bill shall be highly privileged except that
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1 a motion to proceed to consider may only be made

2 on the second legislative day after the calendar day

3 on which the Member making the motion announces

4 to the House his intention to do so. The motion to

5 proceed to consider is not debatable. An amendment

6 to the motion shall not be in order, nor shall it be

7 in order to move to reconsider the vote by which the

8 motion is agreed to or disagreed to.

9 (2) Debate on a statistical reorganization bill in

10 the House of Representatives shall be limited to not

11 more than 4 hours, which shall be divided equally

12 between those favoring and those opposing the bill.

13 The previous question on the statistical reorganiza14 tion bill shall be considered as ordered to final pas15 sage without intervening motion. It shall not be in

16 order to move to recommit a statistical reorganiza17 tion bill or to reconsider the vote by which a statis18 tical reorganization bill is agreed to or disagreed to.

19 (3) All appeals from the decisions of the Chair

20 relating to the application of the Rules of the House

21 of Representatives to the procedure relating to a sta22 tistical reorganization bill shall be decided without

23 debate.

24 (g) FLOOR CONSIDERATION IN THE SENATE.—
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1 (1) A motion in the Senate to proceed to the

2 consideration of a statistical reorganization bill shall

3 be privileged and not debatable. An amendment to

4 the motion shall not be in order, nor shall it be in

5 order to move to reconsider the vote by which the

6 motion is agreed to or disagreed to.

7 (2) Debate in the Senate on a statistical reorga8 nization bill, and all debatable motions and appeals

9 in connection therewith, shall be limited to not more

10 than 10 hours. The time shall be equally divided be11 tween, and controlled by, the majority leader and the

12 minority leader or their designees.

13 (3) Debate in the Senate on any debatable mo14 tion or appeal in connection with a statistical reorga15 nization bill shall be limited to not more than 1

16 hour, to be equally divided between, and controlled

17 by, the mover and the manager of the bill, except

18 that in the event the manager of the bill is in favor

19 of any such motion or appeal, the time in opposition

20 thereto shall be controlled by the minority leader or

21 his designee. Such leaders, or either of them, may,

22 from time under their control on the passage of a

23 statistical reorganization bill, allot additional time to

24 any Senator during the consideration of any debat25 able motion or appeal.
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1 (4) A motion in the Senate to further limit de2 bate is not debatable. A motion to recommit a statis3 tical reorganization bill is not in order.

4 SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

5 There is authorized to be appropriated for the Com6 mission such sums as may be necessary to carry out the

7 functions of the Commission.

8 TITLE II—EFFICIENCY AND CON9 FIDENTIALITY OF FEDERAL

10 STATISTICAL SYSTEMS

11 SEC. 201. PURPOSES.

12 The purposes of this title are the following:

13 (1) To provide that individually identifiable in14 formation furnished either directly or indirectly to

15 designated statistical agencies for exclusively statis16 tical purposes shall not be disclosed in individually

17 identifiable form by such agencies for any other pur18 pose without the informed consent of the respond19 ent.

20 (2) To prohibit the use by such agencies, in in21 dividually identifiable form, of any information col22 lected, compiled, or maintained solely for statistical

23 purposes under Federal authority, to make any deci24 sion or take any action directly affecting the rights,

25 benefits, and privileges of the person to whom the
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1 information pertains, except with the person’s con2 sent.

3 (3) To reduce the reporting burden, duplication,

4 and expense imposed on the public by permitting

5 interagency exchange, solely for statistical purposes,

6 of individually identifiable information needed for

7 statistical programs, and to establish secure condi8 tions for such exchanges.

9 (4) To reduce the cost and improve the accu10 racy of statistical programs by facilitating coopera11 tive projects between statistical agencies, and to cre12 ate a secure environment where expertise and data

13 resources that reside in different agencies can be

14 brought together to address the information needs of

15 the public.

16 (5) To reduce the risk of unauthorized disclo17 sure of information maintained solely for statistical

18 purposes by designating specific statistical agencies

19 that are authorized to receive otherwise privileged

20 information for such purposes from other agencies,

21 and to prescribe specific conditions and procedures

22 that must be complied with in any such exchange.

23 (6) To establish a consistent basis under the re24 quirements of section 552 of title 5, United States

25 Code (popularly known as the ‘‘Freedom of Informa-
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1 tion Act’’) for exempting a defined class of statis2 tical information from compulsory disclosure.

3 (7) To ensure that existing avenues for public

4 access to administrative data or information under

5 section 552a of title 5, United States Code (popu6 larly known as the ‘‘Privacy Act’’) or the Freedom

7 of Information Act are retained without change.

8 (8) To establish consistent procedural safe9 guards for records disclosed exclusively for statistical

10 purposes, including both public input and an over11 sight process to ensure fair information practices.

12 SEC. 202. DEFINITIONS.

13 As used in this title:

14 (1) The term ‘‘agency’’ means any Federal or15 ganization that falls within the definition of ‘‘execu16 tive agency’’ in section 102 of title 31, United States

17 Code, or within the definition of ‘‘agency’’ in section

18 3502 of title 44, United States Code.

19 (2) The term ‘‘agent’’ means a person des20 ignated by a Statistical Data Center (as designated

21 in section 203) to perform, either in the capacity of

22 a Federal employee or otherwise, exclusively statis23 tical activities authorized by law under the super24 vision or control of an officer or employee of that

25 Statistical Data Center, and who has agreed in writ-
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1 ing to comply with all provisions of law that affect

2 information acquired by that Statistical Data Cen3 ter.

4 (3) The term ‘‘identifiable form’’ means any

5 representation of information that permits informa6 tion concerning an individual to be reasonably in7 ferred by either direct or indirect means.

8 (4) The term ‘‘nonstatistical purpose’’ means

9 any purpose that is not a statistical purpose, and in10 cludes any administrative, regulatory, adjudicatory,

11 or other purpose that affects the rights, privileges,

12 or benefits of a particular identifiable respondent.

13 (5) The term ‘‘respondent’’ means a person who

14 is requested or required to supply information to an

15 agency, who is the subject of information requested

16 or required to be supplied to an agency, or who pro17 vides that information to an agency.

18 (6) The term ‘‘statistical activities’’—

19 (A) means the collection, compilation,

20 processing, or analysis of data for the purpose

21 of describing or making estimates concerning

22 the whole of, or relevant groups or components

23 within, the economy, society, or the natural en24 vironment; and
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1 (B) includes the development of methods

2 or resources that support those activities, such

3 as measurement methods, models, statistical

4 classifications, or sampling frames.

5 (7) The term ‘‘statistical purpose’’—

6 (A) means the description, estimation, or

7 analysis of the characteristics of groups without

8 regard to the identities of persons that comprise

9 such groups; and

10 (B) includes the development, implementa11 tion, or maintenance of methods, technical or

12 administrative procedures, or information re13 sources that support such purposes.

14 SEC. 203. DESIGNATION OF STATISTICAL DATA CENTERS.

15 Each of the following is hereby designated as a Sta16 tistical Data Center:

17 (1) The Bureau of Economic Analysis in the

18 Department of Commerce.

19 (2) The Bureau of the Census in the Depart20 ment of Commerce.

21 (3) The Bureau of Labor Statistics in the De22 partment of Labor.

23 (4) The National Agricultural Statistics Service

24 in the Department of Agriculture.
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1 (5) The National Center for Education Statis2 tics in the Department of Education.

3 (6) The National Center for Health Statistics

4 in the Department of Health and Human Services.

5 (7) The Energy End Use and Integrated Statis6 tics Division of the Energy Information Administra7 tion in the Department of Energy.

8 (8) The Division of Science Resources Studies

9 in the National Science Foundation.

10 SEC. 204. STATISTICAL DATA CENTER RESPONSIBILITIES.

11 The Statistical Data Centers designated in section

12 203 shall—

13 (1) identify opportunities to eliminate duplica14 tion and otherwise reduce reporting burden and cost

15 imposed on the public by sharing information for ex16 clusively statistical purposes;

17 (2) enter into joint statistical projects to im18 prove the quality and reduce the cost of statistical

19 programs;

20 (3) safeguard the confidentiality of individually

21 identifiable information acquired for statistical pur22 poses by assuring its physical security and by con23 trolling access to, and uses made of, such informa24 tion; and
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1 (4) respect the rights and privileges of the pub2 lic by observing and promoting fair information

3 practices.

4 SEC. 205. LIMITATIONS ON USE AND DISCLOSURE OF DATA

5 AND INFORMATION BY STATISTICAL DATA

6 CENTERS.

7 (a) USE OF STATISTICAL DATA OR INFORMATION.—

8 A Statistical Data Center may use data or information

9 acquired for exclusively statistical purposes only for statis10 tical purposes.

11 (b) DISCLOSURE OF STATISTICAL DATA OR INFOR12 MATION.—A Statistical Data Center may not disclose data

13 or information acquired for exclusively statistical purposes

14 in identifiable form for any purpose other than a statis15 tical purpose without the informed consent of the respond16 ent.

17 (c) RULE FOR USE OF DATA OR INFORMATION FOR

18 NONSTATISTICAL PURPOSES.—A Statistical Data Center

19 shall clearly distinguish any data or information collected

20 for nonstatistical purposes (as authorized by law) by the

21 Statistical Data Center by a rule that provides that the

22 respondent supplying the data or information is fully in23 formed, before the data or information is collected, that

24 the data or information will be used for nonstatistical pur25 poses.
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1 SEC. 206. DISCLOSURE OF DATA OR INFORMATION BY FED2 ERAL AGENCIES TO STATISTICAL DATA CEN3 TERS.

4 (a) AGENCIES THAT MAY DISCLOSE DATA OR IN5 FORMATION TO A STATISTICAL DATA CENTER.—Subject

6 to subsection (b), the following agencies may disclose data

7 or information to a Statistical Data Center for statistical

8 purposes:

9 (1) A Statistical Data Center.

10 (2) The Department of Commerce.

11 (3) The Department of Labor.

12 (4) The Department of Agriculture.

13 (5) The Department of Education.

14 (6) The Department of Health and Human

15 Services.

16 (7) The Department of Energy.

17 (8) The National Science Foundation.

18 (9) The Internal Revenue Service.

19 (b) LIMITATIONS ON DISCLOSURE.—Data or infor20 mation may be disclosed to a Statistical Data Center

21 under subsection (a) only if—

22 (1) the data or information is to be used exclu23 sively for statistical purposes by the Statistical Data

24 Center;

25 (2) the disclosure to, and proposed use by, the

26 data or information by the Statistical Data Center
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1 is not inconsistent with any provisions of law or Ex2 ecutive order that explicitly limit the statistical pur3 poses for which such data or information may be

4 used;

5 (3) the disclosure is not prohibited by law or

6 Executive order in the interest of national security;

7 (4) the disclosure is made under the terms of

8 a written agreement between the Statistical Data

9 Center and the agency or unit supplying the data or

10 information that specifies—

11 (A) the data or information to be disclosed;

12 (B) the purposes for which the data or in13 formation is to be used; and

14 (C) appropriate security procedures to

15 safeguard the confidentiality of the data or in16 formation; and

17 (5) the data or information is not disclosed in

18 identifiable form (except in a case in which the data

19 or information was collected directly by a party to

20 the agreement and the agreement specifies that the

21 data or information may be so disclosed to another

22 party to the agreement for exclusively statistical

23 purposes).

24 (c) NOTICE AND COMMENT.—The public notice and

25 comment procedures for data collections described in sec-
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1 tion 3506(c)(2)(A) of title 44, United States Code, and

2 the provisions relating to review of data collections by the

3 Director of the Office of Management and Budget in sec4 tion 3507 of such title, shall apply to each written agree5 ment entered into under subsection (b)(4). The scope of

6 any public notice and comment with respect to any such

7 written agreement shall extend to all issues relating to the

8 requirements of this section.

9 (d) APPLICABILITY OF OTHER LAWS.—(1) The dis10 closure of data or information by an agency to a Statistical

11 Data Center under this section shall in no way alter the

12 responsibility of that agency under other statutes (includ13 ing the Freedom of Information Act and the Privacy Act)

14 with respect to the disclosure or withholding of such infor15 mation by that agency.

16 (2) If data or information obtained by an agency is

17 disclosed to a Statistical Data Center pursuant to this sec18 tion, all provisions of law (including penalties) that relate

19 to the unlawful disclosure of the data or information apply

20 to the officers, employees, or agents of the Statistical Data

21 Center to which information is disclosed to the same ex22 tent and in the same manner as the provisions apply to

23 the officers and employees of the agency which originally

24 obtained the information.
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1 (3) The officers, employees, and agents of the agency

2 to which the information is released, in addition, shall be

3 subject to the same provisions of law, including penalties,

4 relating to the unlawful disclosure of information that

5 would apply to officers and employees of that agency, if

6 the information had been collected directly by that agency.

7 SEC. 207. STATISTICAL DATA CENTER SUCCESSORS.

8 (a) DESIGNATION.—In the case of a reorganization

9 that eliminates, or substantially alters the mission or func10 tions of, an agency listed in section 206(a), the Director

11 of the Office of Management and Budget, after consulta12 tion with the head of the agency proposing the reorganiza13 tion, may designate an agency or unit that shall serve as

14 a successor Statistical Data Center under the terms of this

15 title, if the Director determines that—

16 (1) the primary activities of the proposed Sta17 tistical Data Center are statistical activities specifi18 cally authorized by law;

19 (2) the proposed Statistical Data Center would

20 participate in data sharing activities that signifi21 cantly improve Federal statistical programs or prod22 ucts;

23 (3) the proposed Statistical Data Center has

24 demonstrated its capability to protect the individual

25 confidentiality of any shared data; and
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1 (4) the statutes that apply to the proposed Sta2 tistical Data Center are not inconsistent with this

3 title.

4 (b) NOTICE AND COMMENT.—The head of an agency

5 seeking designation as a successor Statistical Data Center

6 under this subsection shall, after consultation with the Di7 rector of the Office of Management and Budget, provide

8 public notice and an opportunity to comment on the con9 sequences of such designation and on those determinations

10 upon which the designation is proposed to be based.

11 (c) PROHIBITION AGAINST INCREASE IN NUMBER OF

12 CENTERS.—No action taken under this section shall in13 crease the number of Statistical Data Centers authorized

14 by this title.

15 SEC. 208. COORDINATION AND OVERSIGHT BY OFFICE OF

16 MANAGEMENT AND BUDGET.

17 (a) IN GENERAL.—The Director of the Office of

18 Management and Budget shall coordinate and oversee the

19 confidentiality and disclosure policies established by this

20 title.

21 (b) IMPLEMENTING REGULATIONS.—The Director of

22 the Office of Management and Budget may promulgate

23 such rules as may be necessary to implement this title.

24 (c) REVIEW AND APPROVAL OF RULES.—The Direc25 tor of the Office of Management and Budget shall review
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1 and approve any rules proposed pursuant to this title for

2 consistency with this title and chapter 35 of title 44,

3 United States Code.

4 (d) REPORT OF DISCLOSURE AGREEMENTS.—(1)

5 The head of a Statistical Data Center shall report to the

6 Office of Management and Budget—

7 (A) each disclosure agreement entered into pur8 suant to section 206(b)(4);

9 (B) the results of any review of information se10 curity undertaken at the request of the Office of

11 Management and Budget; and

12 (C) the results of any similar review undertaken

13 on the initiative of the Statistical Data Center or an

14 agency supplying data or information to a Statistical

15 Data Center.

16 (2) The Director of the Office of Management and

17 Budget shall include a summary of all reports submitted

18 to the Director under this subsection and any actions

19 taken by the Director to advance the purposes of this title

20 in its annual report to the Congress on statistical pro21 grams.

22 SEC. 209. EFFECT ON OTHER LAWS.

23 (a) 44 U.S.C. 3510.—This title, including the amend24 ments made herein, does not diminish the authority under

25 section 3510 of title 44, United States Code, of the Direc-
37

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1 tor of the Office of Management and Budget to direct,

2 and of an agency to make, disclosures that are not incon3 sistent with any applicable law.

4 (b) 5 U.S.C. 552.—Data or information acquired for

5 exclusively statistical purposes as provided in section 205

6 is exempt from mandatory disclosure under section 552

7 of title 5, United States Code, pursuant to section

8 552(b)(3) of such title.

9 SEC. 210. PROPOSED CHANGES IN LAW.

10 Not later than 90 days after the date of the enact11 ment of this Act, the President shall submit to Congress

12 a description of any changes in Federal law necessary to

13 reflect any measures under this Act.

14 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

15 (a) SHORT TITLE.—This Act may be cited as the ‘‘Sta16 tistical Consolidation Act of 1998’’.

17 (b) TABLE OF CONTENTS.—The table of contents for

18 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Sense of the Congress.

TITLE I—FEDERAL COMMISSION ON STATISTICAL POLICY

Sec. 101. Establishment.

Sec. 102. Duties of Commission.

Sec. 103. Powers.

Sec. 104. Commission procedures.

Sec. 105. Personnel matters.

Sec. 106. Other administrative provisions.

Sec. 107. Termination.

Sec. 108. Authorization of appropriations.
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TITLE II—EFFICIENCY AND CONFIDENTIALITY OF FEDERAL

STATISTICAL SYSTEMS

Sec. 201. Short title.

Sec. 202. Findings and purposes.

Sec. 203. Definitions.

Sec. 204. Statistical Data Centers.

Sec. 205. Statistical Data Center responsibilities.

Sec. 206. Confidentiality of information.

Sec. 207. Coordination and oversight.

Sec. 208. Implementing regulations.

Sec. 209. Conforming amendments and proposed changes in law.

Sec. 210. Effect on other laws.

1 SEC. 2. FINDINGS.

2 The Congress, recognizing the importance of statistical

3 information in the development of national priorities and

4 policies and in the administration of public programs, here5 by finds the following:

6 (1) While the demand for statistical information

7 has grown substantially during the last 30 years, the

8 difficulty of coordinating planning within the decen9 tralized Federal statistical system has limited the use10 fulness of statistics in defining problems and deter11 mining national policies to deal with complex social

12 and economic issues.

13 (2) Coordination and planning among the statis14 tical programs of the Government are necessary to

15 strengthen and improve the quality and utility of

16 Federal statistics and to reduce duplication and

17 waste in information collected for statistical purposes.
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1 (3) High-quality Federal statistical products and

2 programs are essential for sound business and public

3 policy decisions.

4 (4) The challenge of providing high-quality sta5 tistics has increased because our economy and society

6 are more complex, new technologies are available, and

7 decisionmakers need more complete and accurate

8 data.

9 (5) Maintaining quality of Federal statistical

10 products requires full cooperation between Federal

11 statistical agencies and those persons and organiza12 tions that respond to their requests for information.

13 (6) Federal statistical products and programs

14 can be improved, without reducing respondent co15 operation, by permitting carefully controlled sharing

16 of data with statistical agencies in a manner that is

17 consistent with confidentiality commitments made to

18 respondents.

19 SEC. 3. SENSE OF CONGRESS.

20 It is the sense of Congress that—

21 (1) a more centralized statistical system is inte22 gral to efficiency;

23 (2) with increased efficiency comes better inte24 gration of research methodology, survey design, and

25 economies of scale;
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1 (3) the Chief Statistician must have the author2 ity, personnel, and other resources necessary to carry

3 out the duties of that office effectively, including du4 ties relating to statistical forms clearance; and

5 (4) statistical forms clearance at the Office of

6 Management and Budget should be better distin7 guished from regulatory forms clearance.

8 TITLE I—FEDERAL COMMISSION

9 ON STATISTICAL POLICY

10 SEC. 101. ESTABLISHMENT.

11 (a) ESTABLISHMENT.—There is established a commis12 sion to be known as the ‘‘Federal Commission on Statistical

13 Policy’’ (in this title referred to as the ‘‘Commission’’).

14 (b) COMPOSITION.—The Commission shall be composed

15 of 15 members as follows:

16 (1) CHIEF STATISTICIAN.—The Chief Statisti17 cian of the Office of Management and Budget.

18 (2) APPOINTMENTS BY PRESIDENT.—

19 (A) CHAIRMAN.—One member appointed by

20 the President who—

21 (i) is an officer serving in a position

22 at level I of the Executive Schedule under

23 section 5312 of title 5, United States Code,

24 the Chairman of the Board of Governors of

25 the Federal Reserve System, the Comptroller
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•S 1404 RS

1 General, or the Chairman of the Council of

2 Economic Advisers; and

3 (ii) shall serve as Chairman of the

4 Commission.

5 (B) OTHER APPOINTEES.—Five members

6 appointed by the President from among individ7 uals who—

8 (i) are not officers or employees of the

9 United States; and

10 (ii)(I) are qualified to serve on the

11 Commission by virtue of experience relating

12 to the Bureau of the Census, the Bureau of

13 Economic Analysis, or the Bureau of Labor

14 Statistics; or

15 (II) have expertise relating to organi16 zational reorganization, State sources and

17 uses of statistical information, statistical

18 analysis, or management of complex organi19 zations.

20 (3) APPOINTMENTS BY SPEAKER OF THE HOUSE

21 OF REPRESENTATIVES.—Four members appointed by

22 the Speaker of the House of Representatives, in con23 sultation with the majority leader and minority lead24 er of the House of Representatives, from among indi25 viduals who—
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1 (A) are not officers or employees of the

2 United States; and

3 (B)(i) are qualified to serve on the Commis4 sion by virtue of experience relating to one or

5 more of the bureaus referred to in paragraph

6 (2)(B)(ii)(I); or

7 (ii) are also qualified to serve on the Com8 mission by virtue of expertise relating to organi9 zational reorganization, State sources and uses

10 of statistical information, statistical analysis, or

11 management of complex organizations.

12 (4) APPOINTMENTS BY PRESIDENT PRO TEM13 PORE.—Four members appointed by the President

14 pro tempore of the Senate, in consultation with the

15 majority leader and minority leader of the Senate,

16 from among individuals who—

17 (A) are not officers or employees of the

18 United States; and

19 (B)(i) are qualified to serve on the Commis20 sion by virtue of experience relating to one or

21 more of the bureaus referred to in paragraph

22 (2)(B)(ii)(I); or

23 (ii) are also qualified to serve on the Com24 mission by virtue of expertise relating to organi25 zational reorganization, State sources and uses
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•S 1404 RS

1 of statistical information, statistical analysis, or

2 management of complex organizations.

3 (c) DEADLINE FOR APPOINTMENT.—Members shall be

4 appointed to the Commission not later than 4 months after

5 the date of the enactment of this Act.

6 (d) POLITICAL AFFILIATION.—

7 (1) APPOINTMENTS BY PRESIDENT.—Of the

8 members of the Commission appointed under sub9 section (b)(2)(B), not more than 3 may be of the same

10 political party.

11 (2) APPOINTMENTS BY SPEAKER OF THE HOUSE

12 OF REPRESENTATIVES.—Of the members of the Com13 mission appointed under subsection (b)(3), not more

14 than 2 may be of the same political party.

15 (3) APPOINTMENTS BY PRESIDENT PRO TEM16 PORE.—Of the members of the Commission appointed

17 under subsection (b)(4), not more than 2 may be of

18 the same political party.

19 (e) CONSULTATION BEFORE APPOINTMENTS.—In mak20 ing appointments under subsection (b), the President, the

21 Speaker of the House of Representatives, and the President

22 pro tempore of the Senate shall consult with appropriate

23 professional organizations, including State and local gov24 ernments.
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1 (f) PERIOD OF APPOINTMENT; VACANCIES.—Members

2 shall be appointed for the life of the Commission. Any va3 cancy in the Commission shall not affect its powers, but

4 shall be filled in the same manner as the original appoint5 ment.

6 SEC. 102. DUTIES OF COMMISSION.

7 (a) STUDY AND REPORT.—Not later than 18 months

8 after the date of enactment of this Act, the Commission shall

9 study and submit to Congress and the President a written

10 report and draft legislation as necessary and appropriate

11 (except if the Commission decides otherwise in accordance

12 with section 104(d)) on the Federal statistical system in13 cluding—

14 (1) recommendations on how the Federal statis15 tical system could be reorganized by consolidating the

16 statistical functions of agencies that carry out statis17 tical programs;

18 (2) recommendations on how to consolidate the

19 Bureau of Labor Statistics, the Bureau of the Census,

20 and the Bureau of Economic Analysis by October 1,

21 2001 (or by a date after that date), in a Federal Sta22 tistical Service;

23 (3) recommendations on how the consolidation

24 described in paragraph (2) may be achieved without

25 disruption in the release of statistical products;
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•S 1404 RS

1 (4) recommendations on whether other Federal

2 statistical agencies or the functions of other agencies

3 that carry out statistical programs should be trans4 ferred to a Federal Statistical Service;

5 (5) recommendations on whether the functions of

6 the Bureau of the Census relating to decennial cen7 suses of population should be delineated from the

8 other functions of the Bureau and, if so, recommenda9 tions on how such a delineation of functions might be

10 achieved;

11 (6) any other recommendations regarding how

12 the Federal statistical system could be reorganized to

13 achieve greater efficiency, improve quality, timeliness,

14 and adaptability to change in carrying out Federal

15 statistical programs;

16 (7) recommendations on possible improvements

17 to procedures for the release of major economic and

18 social indicators by the United States;

19 (8) recommendations to ensure that the relation20 ship between States and the Bureau of Labor Statis21 tics (or any successor agency) shall continue with re22 spect to the generation and dissemination of local

23 labor force and area data; and
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•S 1404 RS

1 (9) recommendations to ensure requirements that

2 State data and information shall be maintained in a

3 confidential, consistent, and comparable manner.

4 (b) PRESIDENTIAL REVIEW.—

5 (1) IN GENERAL.—

6 (A) TIME PERIOD FOR REVIEW.—Not later

7 than 15 days after the receipt of the report (in8 cluding any draft legislation) under subsection

9 (a), the President shall approve or disapprove of

10 the report.

11 (B) APPROVAL OR INACTION.—If the Presi12 dent approves the report, the Commission shall

13 submit the report to Congress on the day follow14 ing such approval. If the President does not dis15 approve the report, the Commission shall submit

16 the report to Congress on the day following the

17 15-day period described under subparagraph

18 (A).

19 (C) DISAPPROVAL.—If the President dis20 approves the report, the President shall note his

21 specific objections and any suggested changes to

22 the Commission.

23 (D) FINAL REPORT AFTER DISAPPROVAL.—

24 The Commission shall consider any objections

25 and suggested changes submitted by the Presi-
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1 dent and may modify the report based on those

2 objections and suggested changes. Not later than

3 10 days after receipt of the President’s dis4 approval under subparagraph (C), the Commis5 sion shall submit the final report (as modified if

6 modified) to Congress.

7 (c) STATISTICAL REORGANIZATION BILL.—

8 (1) IN GENERAL.—If the written report submit9 ted to Congress under subsection (a) contains rec10 ommendations on the consolidation of the Federal sta11 tistical functions of the United States, including the

12 Bureau of Labor Statistics, the Bureau of the Census,

13 and the Bureau of Economic Analysis in a Federal

14 Statistical Service, the report shall contain draft leg15 islation incorporating such recommendations under

16 subsection (a)(2) or at the option of the Commission

17 under subsection (a)(4).

18 (2) DRAFT LEGISLATION.—Draft legislation sub19 mitted to Congress under this subsection shall be

20 strictly limited to implementation of recommenda21 tions for the consolidation or reorganization of—

22 (A) the functions of such bureaus; or

23 (B) the functions of such bureaus and the

24 statistical functions of other Federal entities.
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1 (3) PROVISIONS IN DRAFT LEGISLATION.—Draft

2 legislation submitted to Congress under this sub3 section that would establish a Federal Statistical

4 Service shall—

5 (A) provide for an Administrator and Dep6 uty Administrator of the Federal Statistical

7 Service, and the creation of other officers as ap8 propriate; and

9 (B) contain a provision designating the Ad10 ministrator as a member of the Interagency

11 Council on Statistical Policy established under

12 section 3504(e)(8) of title 44, United States

13 Code.

14 (d) OTHER DUTIES OF THE COMMISSION.—

15 (1) IN GENERAL.—The Commission shall also

16 conduct comprehensive studies and submit reports to

17 Congress on all matters relating to the Federal statis18 tical infrastructure, including longitudinal surveys

19 conducted by private agencies and partially funded

20 by the Federal Government for the purpose of identi21 fying opportunities to improve the quality of statis22 tics in the United States.

23 (2) INCLUSIONS.—Studies under this subsection

24 shall include—
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1 (A) a review and evaluation of the mission

2 of various statistical agencies and the relevance

3 of such missions to current and future needs;

4 (B) an evaluation of key statistics and

5 measures and recommendations on ways to im6 prove such statistics so that the statistics better

7 serve the intended major purposes;

8 (C) a review of interagency coordination of

9 statistical data and recommendations of methods

10 to standardize collection procedures and surveys,

11 as appropriate, and presentation of data

12 throughout the Federal system;

13 (D) a review of information technology and

14 recommendations of appropriate methods for dis15 seminating statistical data, with special empha16 sis on resources such as the Internet that allow

17 the public to obtain information in a timely and

18 cost-effective manner;

19 (E) an identification and examination of

20 issues regarding individual privacy in the con21 text of statistical data;

22 (F) a comparison of the United States sta23 tistical system to statistical systems of other na24 tions for the purposes of identifying best prac25 tices;
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1 (G) a consideration of the coordination of

2 statistical data with other nations and inter3 national agencies, such as the Organization for

4 Economic Cooperation and Development; and

5 (H) recommendations regarding the presen6 tation to the public of statistical data collected

7 by Federal agencies, and standards of accuracy

8 for statistical data used by Federal agencies, in9 cluding statistical data relating to—

10 (i) the national poverty level and coun11 ty poverty levels in the United States;

12 (ii) the Consumer Price Index;

13 (iii) the gross domestic product; and

14 (iv) other indicators of economic and

15 social activity, including marriage and di16 vorce in the United States.

17 (e) DEFINITION OF FEDERAL STATISTICAL SERVICE.—

18 As used in this section, the term ‘‘Federal Statistical Serv19 ice’’ means an entity established after the date of the enact20 ment of this Act as an independent agency in the executive

21 branch, the purpose of which is to carry out Federal statis22 tical programs and to which the statistical functions of the

23 Bureau of Economic Analysis, the Bureau of the Census,

24 or the Bureau of Labor Statistics are transferred.
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1 SEC. 103. POWERS.

2 (a) HEARINGS AND SESSIONS.—The Commission may,

3 for the purpose of carrying out this Act, hold hearings, sit

4 and act at times and places, take testimony, and receive

5 evidence as the Commission considers appropriate.

6 (b) OBTAINING INFORMATION.—The Commission may

7 secure directly from any department or agency of the

8 United States information necessary to enable it to carry

9 out this Act. Upon request of the Chairman of the Commis10 sion, the head of that department or agency shall furnish

11 that information to the Commission.

12 (c) CONTRACT AUTHORITY.—The Commission may

13 contract with and compensate government and private

14 agencies or persons without regard to section 3709 of the

15 Revised Statutes (41 U.S.C. 5).

16 SEC. 104. COMMISSION PROCEDURES.

17 (a) MEETINGS.—The Commission shall meet at the

18 call of the Chairman or a majority of its members.

19 (b) QUORUM.—Eight members of the Commission shall

20 constitute a quorum but a lesser number may hold hearings.

21 (c) DELEGATION OF AUTHORITY.—Any member or

22 agent of the Commission may, if authorized by the Commis23 sion, take any action which the Commission is authorized

24 to take by this Act.

25 (d) VOTING.—The Commission shall adopt any rec26 ommendation by a vote of a majority of its members, with
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1 the exception of any recommendation under section

2 102(a)(2) which shall be implemented as stated unless a

3 majority of the Commission votes against such a rec4 ommendation and certifies, with explanation, to Congress

5 and the President that such a recommendation would not

6 improve the efficiency and effectiveness of the Federal statis7 tical system.

8 SEC. 105. PERSONNEL MATTERS.

9 (a) PAY OF MEMBERS.—Members of the Commission

10 appointed under paragraphs (2)(B), (3), or (4) of section

11 101(b) shall be entitled to receive the daily equivalent of

12 the rate of basic pay for level IV of the Executive Schedule

13 under section 5315 of title 5, United States Code, for each

14 day (including travel time) during which they are engaged

15 in the actual performance of duties vested in the Commis16 sion.

17 (b) TRAVEL EXPENSES.—Each member of the Com18 mission shall receive travel expenses, including per diem in

19 lieu of subsistence, in accordance with sections 5702 and

20 5703 of title 5, United States Code.

21 (c) STAFF.—The Commission may appoint and fix the

22 pay of personnel as it considers appropriate, including an

23 Executive Director.

24 (d) APPLICABILITY OF CERTAIN CIVIL SERVICE

25 LAWS.—Staff of the Commission may be appointed without
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1 regard to the provisions of title 5, United States Code, gov2 erning appointments in the competitive service, and may

3 be paid without regard to the provisions of chapter 51 and

4 subchapter III of chapter 53 of that title relating to classi5 fication and General Schedule pay rates, except that an in6 dividual so appointed may not receive pay in excess of the

7 highest basic rate of pay established for the Senior Execu8 tive Service under section 5382 of such title.

9 SEC. 106. OTHER ADMINISTRATIVE PROVISIONS.

10 (a) POSTAL AND PRINTING SERVICES.— The Commis11 sion may use the United States mails and obtain printing

12 and binding services in the same manner and under the

13 same conditions as other departments and agencies of the

14 United States.

15 (b) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

16 request of the Commission, the Administrator of General

17 Services shall provide to the Commission, on a reimbursable

18 basis, the administrative support services necessary for the

19 Commission to carry out its responsibilities under this Act.

20 (c) EXPERTS AND CONSULTANTS.—The Commission

21 may procure temporary and intermittent services under

22 section 3109(b) of title 5, United States Code.

23 SEC. 107. TERMINATION.

24 The Commission shall terminate 3 years after the date

25 of enactment of this Act.
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1 SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated for the Commis3 sion such sums as may be necessary to carry out the func4 tions of the Commission.

5 TITLE II—EFFICIENCY AND CON6 FIDENTIALITY OF FEDERAL

7 STATISTICAL SYSTEMS

8 SEC. 201. SHORT TITLE.

9 This title may be cited as the ‘‘Statistical Confidential10 ity Act’’.

11 SEC. 202. FINDINGS AND PURPOSES.

12 (a) FINDINGS.—Congress finds the following:

13 (1) High quality Federal statistical products and

14 programs are essential for sound business and public

15 policy decisions.

16 (2) The challenge of providing high quality sta17 tistics has increased because the Nation’s economy

18 and society are more complex, new technologies are

19 available, and decision makers need more complete

20 and accurate data.

21 (3) Maintaining quality requires full cooperation

22 between Federal statistical agencies and those persons

23 and organizations that respond to requests for infor24 mation.

25 (4) Federal statistical products and programs

26 can be improved, without reducing respondent co-
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1 operation, by permitting carefully controlled sharing

2 of data with statistical agencies in a manner that is

3 consistent with confidentiality commitments made to

4 respondents.

5 (b) PURPOSES.—The purposes of this title are the fol6 lowing:

7 (1) To provide that individually identifiable in8 formation furnished either directly or indirectly to

9 designated statistical agencies for exclusively statis10 tical purposes shall not be disclosed in individually

11 identifiable form by such agencies for any other pur12 pose without the informed consent of the respondent.

13 (2) To prohibit the use by such agencies, in indi14 vidually identifiable form, of any information col15 lected, compiled, or maintained solely for statistical

16 purposes under Federal authority, to make any deci17 sion or take any action directly affecting the rights,

18 benefits, and privileges of the person to whom the in19 formation pertains, except with the person’s consent.

20 (3) To reduce the reporting burden, duplication,

21 and expense imposed on the public by permitting

22 interagency exchange, solely for statistical purposes,

23 of individually identifiable information needed for

24 statistical programs, and to establish secure condi25 tions for such exchanges.
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1 (4) To reduce the cost and improve the accuracy

2 of statistical programs by facilitating cooperative

3 projects between statistical agencies, and to create a

4 secure environment where expertise and data re5 sources that reside in different agencies can be

6 brought together to address the information needs of

7 the public.

8 (5) To reduce the risk of unauthorized disclosure

9 of information maintained solely for statistical pur10 poses by designating specific statistical agencies that

11 are authorized to receive otherwise privileged infor12 mation for such purposes from other agencies, and to

13 prescribe specific conditions and procedures that must

14 be complied with in any such exchange.

15 (6) To establish a consistent basis under the re16 quirements of section 552 of title 5, United States

17 Code (popularly known as the ‘‘Freedom of Informa18 tion Act’’) for exempting a defined class of statistical

19 information from compulsory disclosure.

20 (7) To ensure that existing avenues for public ac21 cess to administrative data or information under sec22 tion 552a of title 5, United States Code (popularly

23 known as the ‘‘Privacy Act’’) or section 552 of such

24 title (popularly known as the ‘‘Freedom of Informa25 tion Act’’) are retained without change.
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1 (8) To establish consistent procedural safeguards

2 for records disclosed exclusively for statistical pur3 poses, including both public input and an oversight

4 process to ensure fair information practices.

5 SEC. 203. DEFINITIONS.

6 In this title:

7 (1) The term ‘‘agency’’ means—

8 (A) any ‘‘executive agency’’ as defined

9 under section 102 of title 31, United States Code;

10 or

11 (B) any ‘‘agency’’ as defined under section

12 3502 of title 44, United States Code.

13 (2) The term ‘‘agent’’ means a person designated

14 by a Statistical Data Center to perform, either in the

15 capacity of a Federal employee or otherwise, exclu16 sively statistical activities authorized by law under

17 the supervision or control of an officer or employee of

18 that Statistical Data Center, and who has agreed in

19 writing to comply with all provisions of law that af20 fect information acquired by that Statistical Data

21 Center.

22 (3) The term ‘‘identifiable form’’ means any rep23 resentation of information that permits information

24 concerning individual subjects to be reasonably in25 ferred by either direct or indirect means.
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1 (4) The term ‘‘nonstatistical purpose’’ means

2 any purpose that is not a statistical purpose, and in3 cludes any administrative, regulatory, adjudicatory,

4 or other purpose that affects the rights, privileges, or

5 benefits of a particular identifiable respondent.

6 (5) The term ‘‘respondent’’ means a person who

7 or organization that—

8 (A) is requested or required to supply infor9 mation to an agency;

10 (B) is the subject of information requested

11 or required to be supplied to an agency; or

12 (C) provides that information to an agency.

13 (6) The term ‘‘statistical activities’’—

14 (A) means the collection, compilation, proc15 essing, or analysis of data for the purpose of de16 scribing or making estimates concerning the

17 whole or relevant groups or components within,

18 the economy, society, or the natural environment;

19 and

20 (B) includes the development of methods or

21 resources that support those activities, such as

22 measurement methods, models, statistical classi23 fications, or sampling frames.

24 (7) The term ‘‘statistical purpose’’—
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1 (A) means the description, estimation, or

2 analysis of the characteristics of groups without

3 regard to the identities of individuals or organi4 zations that comprise such groups; and

5 (B) includes the development, implementa6 tion, or maintenance of methods, technical or ad7 ministrative procedures, or information resources

8 that support such purposes.

9 SEC. 204. STATISTICAL DATA CENTERS.

10 (a) IN GENERAL.—Each of the following is designated

11 as a Statistical Data Center:

12 (1) The Bureau of Economic Analysis in the De13 partment of Commerce.

14 (2) The Bureau of the Census in the Department

15 of Commerce.

16 (3) The Bureau of Labor Statistics in the De17 partment of Labor.

18 (4) The National Agricultural Statistics Service

19 in the Department of Agriculture.

20 (5) The National Center for Education Statistics

21 in the Department of Education.

22 (6) The National Center for Health Statistics in

23 the Department of Health and Human Services.
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1 (7) The Energy End Use and Integrated Statis2 tics Division of the Energy Information Administra3 tion in the Department of Energy.

4 (8) The Division of Science Resources Studies in

5 the National Science Foundation.

6 (b) DESIGNATION.—In the case of a reorganization

7 that eliminates, or substantially alters the mission or func8 tions of, an agency or agency component listed under sub9 section (a), the Director of the Office of Management and

10 Budget, after consultation with the head of the agency pro11 posing the reorganization, may designate an agency or

12 agency component that shall serve as a successor Statistical

13 Data Center under the terms of this title, if the Director

14 determines that—

15 (1) the primary activities of the proposed Statis16 tical Data Center are statistical activities specifically

17 authorized by law;

18 (2) the successor agency or component would

19 participate in data sharing activities that signifi20 cantly improve Federal statistical programs or prod21 ucts;

22 (3) the successor agency or component has dem23 onstrated its capability to protect the individual con24 fidentiality of any shared data; and
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1 (4) the statutes that apply to the proposed Sta2 tistical Data Center are not inconsistent with this

3 title.

4 (c) NOTICE AND COMMENT.—The head of an agency

5 seeking designation as a successor under this section shall,

6 after consultation with the Director of the Office of Manage7 ment and Budget, provide public notice and an opportunity

8 to comment on the consequences of such designation and

9 on those determinations upon which the designation is pro10 posed to be based.

11 (d) PROHIBITION AGAINST INCREASE IN NUMBER OF

12 CENTERS.—No action taken under this section shall in13 crease the number of Statistical Data Centers authorized

14 by this title.

15 SEC. 205. STATISTICAL DATA CENTER RESPONSIBILITIES.

16 The Statistical Data Centers shall—

17 (1) identify opportunities to eliminate duplica18 tion and otherwise reduce reporting burden and cost

19 imposed on the public by sharing information for ex20 clusively statistical purposes;

21 (2) enter into joint statistical projects to improve

22 the quality and reduce the cost of statistical pro23 grams;

24 (3) safeguard the confidentiality of individually

25 identifiable information acquired for statistical pur-
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1 poses by assuring its physical security and by con2 trolling access to, and uses made of, such information;

3 and

4 (4) respect the rights and privileges of the public

5 by observing and promoting fair information prac6 tices.

7 SEC. 206. CONFIDENTIALITY OF INFORMATION.

8 (a) IN GENERAL.—Data or information acquired by

9 a Statistical Data Center for exclusively statistical purposes

10 shall be used only for statistical purposes. Such data or in11 formation shall not be disclosed in identifiable form for any

12 other purpose without the informed consent of the respond13 ent.

14 (b) RULE DISTINGUISHING DATA OR INFORMATION.—

15 If a Statistical Data Center is authorized by any other stat16 ute to collect data or information for nonstatistical pur17 poses, the head of the Statistical Data Center shall clearly

18 distinguish such data or information by rule. Such rule

19 shall provide for fully informing the respondents requested

20 or required to supply such data or information of such non21 statistical uses before collecting such data or information.

22 (c) DISCLOSURE.—Data or information may be dis23 closed by an agency to 1 or more Statistical Data Centers,

24 if—
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1 (1) the disclosure and use are not inconsistent

2 with any provision of law or Executive order that ex3 plicitly limit the statistical purposes for which such

4 data or information may be used;

5 (2) the disclosure is not prohibited by law or Ex6 ecutive order in the interest of national security;

7 (3) the data or information are to be used exclu8 sively for statistical purposes by the Statistical Data

9 Center or Centers; and

10 (4) the disclosure is made under the terms of a

11 written agreement between a Statistical Data Center

12 or Centers and the agency supplying information as

13 authorized by this subsection, specifying—

14 (A) the data or information to be disclosed;

15 (B) the purposes for which the data or in16 formation are to be used; and

17 (C) appropriate security procedures to safe18 guard the confidentiality of the data or informa19 tion.

20 (d) AGREEMENTS.—Data or information supplied to

21 a Statistical Data Center under an agreement authorized

22 under subsection (b)(4) shall not be disclosed in identifiable

23 form by that Center for any purpose, except that data or

24 information collected directly by any party to such agree25 ment may be disclosed to any other party to that agreement
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1 for exclusively statistical purposes specified in that agree2 ment.

3 (e) NOTICE.—Whenever a written agreement author4 ized under subsection (c)(4) concerns data that respondents

5 were required by law to report and the agreement contains

6 terms that could not reasonably have been anticipated by

7 respondents who provided the data that will be disclosed,

8 or upon the initiative of any party to such an agreement,

9 or whenever ordered by the Director of the Office of Manage10 ment and Budget, the terms of such agreement shall be de11 scribed in a public notice issued by the agency that intends

12 to disclose the data. Such notice shall allow a minimum

13 of 60 days for public comment before such agreement shall

14 take effect. The Director shall be fully apprised of any issues

15 raised by the public and may suspend the effect of such an

16 agreement to permit modifications responsive to public

17 comments.

18 (f) FOIA AND PRIVACY ACT.—The disclosure of data

19 or information by an agency under subsection (c) shall in

20 no way alter the responsibility of that agency under other

21 statutes, including sections 552 and 552a of title 5, United

22 States Code, for the disclosure or withholding of the same

23 or similar information retained by that agency.

24 (g) DISCLOSURE PROVISIONS OF OTHER LAWS.—If

25 information obtained by an agency is released to another
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1 agency under this section, all provisions of law (including

2 penalties) that relate to the unlawful disclosure of informa3 tion apply to the officers, employees, or agents of the agency

4 to which information is released to the same extent and in

5 the same manner as the provisions apply to the officers and

6 employees of the agency which originally obtained the infor7 mation. The officers, employees, and agents of the agency

8 to which the information is released, in addition, shall be

9 subject to the same provisions of law, including penalties,

10 relating to the unlawful disclosure of information that

11 would apply to officers and employees of that agency if the

12 information had been collected directly by that agency.

13 SEC. 207. COORDINATION AND OVERSIGHT.

14 (a) IN GENERAL.—The Director of the Office of Man15 agement and Budget shall coordinate and oversee the con16 fidentiality and disclosure policies established by this title.

17 (b) REPORT OF DISCLOSURE AGREEMENTS.—

18 (1) REPORT TO THE OFFICE OF MANAGEMENT

19 AND BUDGET.—The head of a Statistical Data Center

20 shall report to the Office of Management and Budg21 et—

22 (A) each disclosure agreement entered into

23 under this title;
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1 (B) the results of any review of information

2 security undertaken at the request of the Office

3 of Management and Budget; and

4 (C) the results of any similar review under5 taken on the initiative of the Statistical Data

6 Center or an agency supplying data or informa7 tion to a Statistical Data Center.

8 (2) REPORT TO CONGRESS.—The Director of the

9 Office of Management and Budget shall include a

10 summary of all reports submitted to the Director

11 under this subsection and any actions taken by the

12 Director to advance the purposes of this title in the

13 Office’s annual report to the Congress on statistical

14 programs.

15 (c) REVIEW AND APPROVAL OF RULES.—The Director

16 of the Office of Management and Budget shall review and

17 approve any rules proposed pursuant to this title for con18 sistency with this title and chapter 35 of title 44, United

19 States Code.

20 SEC. 208. IMPLEMENTING REGULATIONS.

21 (a) IN GENERAL.—Subject to subsections (b) and (c),

22 the Director of the Office of Management and Budget, or

23 the head of a Statistical Data Center or of an agency pro24 viding information to a Center, may promulgate such rules

25 as may be necessary to implement this title.
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1 (b) CONSISTENCY.—The Director of the Office of Man2 agement and Budget shall promulgate rules or provide such

3 other guidance as may be needed to ensure consistent inter4 pretation of this title by the affected agencies.

5 (c) AGENCY RULES.—Rules governing disclosures of

6 information authorized by this title shall be promulgated

7 by the agency that originally collected the information, sub8 ject to the review and approval required under this title.

9 SEC. 209. CONFORMING AMENDMENTS AND PROPOSED

10 CHANGES IN LAW.

11 (a) DEPARTMENT OF COMMERCE.—

12 (1) Section 176(a) of title 15, United States

13 Code, is amended by inserting ‘‘Except as provided in

14 the Statistical Confidentiality Act,’’ at the beginning

15 of the last sentence.

16 (2)(A) Chapter 10 of title 13, United States

17 Code, is amended by adding after section 401 the fol18 lowing:

19 ‘‘§ 402. Exchange of census information with Statis20 tical Data Centers

21 ‘‘The Bureau of the Census is authorized to provide

22 data collected under this title to Statistical Data Centers

23 (Centers) named in the Statistical Confidentiality Act, or

24 their successors designated under the terms of that Act.’’.
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1 (B) The table of sections for chapter 10 of title

2 13, United States Code, is amended by adding after

3 the item relating to section 401 the following:

‘‘402. Exchange of census information with Statistical Data Centers.’’.

4 (b) DEPARTMENT OF ENERGY.—

5 (1) Section 205 of the Department of Energy Or6 ganization Act (42 U.S.C. 7135) is amended by add7 ing after subsection (l) the following new subsection:

8 ‘‘(m)(1)(A) The Administrator shall designate an orga9 nizational unit to conduct statistical activities pertaining

10 to energy end use consumption information. Using proce11 dures authorized by the Statistical Confidentiality Act, the

12 Administrator shall ensure the security, integrity, and con13 fidentiality of the information that has been submitted in

14 identifiable form and supplied exclusively for statistical

15 purposes either directly to the Administrator or by other

16 Government agencies.

17 ‘‘(B) To carry out this section, the Administrator shall

18 establish procedures for the disclosure of these data to Sta19 tistical Data Centers for statistical purposes only consistent

20 with the Paperwork Reduction Act and the Statistical Con21 fidentiality Act.

22 ‘‘(2)(A) A person may not publish, cause to be pub23 lished, or otherwise communicate, statistical information

24 designated in paragraph (1) in a manner that identifies

25 any respondent.
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1 ‘‘(B) A person may not use statistical information des2 ignated in paragraph (1) for a nonstatistical purpose.

3 ‘‘(C) The identity of a respondent who supplies, or is

4 the subject of, information collected for statistical pur5 poses—

6 ‘‘(i) may not be disclosed through any process,

7 including disclosure through legal process, unless the

8 respondent consents in writing;

9 ‘‘(ii) may not be disclosed to the public, unless

10 information has been transformed into a statistical or

11 aggregate form that does not allow the identification

12 of the respondent who supplied the information or

13 who is the subject of that information; and

14 ‘‘(iii) may not, without the written consent of

15 the respondent, be admitted as evidence or used for

16 any purpose in an action, suit, or other judicial or

17 administrative proceeding.

18 ‘‘(D) Any person who violates subparagraphs (2)(A),

19 (B), or (C), upon conviction, shall be fined under title 18,

20 United States Code, imprisoned not more than 1 year, or

21 both.

22 ‘‘(E) For purposes of this subsection:

23 ‘‘(i) The term ‘person’ has the meaning given the

24 term in section 1 of title 1, United States Code, but
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1 also includes a local, State, or Federal entity or offi2 cer or employee of a local State or Federal entity.

3 ‘‘(ii) The terms ‘statistical activities’, ‘identifi4 able form’, ‘statistical purpose’, ‘nonstatistical pur5 pose’, and ‘respondent’ have the meaning given those

6 terms in section 203 of the Statistical Confidentiality

7 Act.

8 ‘‘(3) Statistical information designated in paragraph

9 (1) is exempt from disclosure under sections 205(f) and 407

10 of the Department of Energy Organization Act and para11 graphs 12, 20, and 59 of the Federal Energy Administra12 tion Act of 1974, or any other law which requires disclosure

13 of that information.’’.

14 (2) Section 205(f) of the Department of Energy

15 Organization Act (42 U.S.C. 7135) is amended by in16 serting ‘‘, excluding information designated solely for

17 statistical purposes under subsection (m)(1),’’ after

18 ‘‘analysis’’.

19 (3) Section 407 of the Department of Energy Or20 ganization Act (42 U.S.C. 7177a) is amended by in21 serting ‘‘, excluding information designated solely for

22 statistical purposes under subsection (m)(1),’’ after

23 ‘‘information’’.

24 (4) The Federal Energy Administration Act of

25 1974 is amended—
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1 (A) in section 12 (15 U.S.C. 771), by add2 ing after subsection (f) the following new sub3 section:

4 ‘‘(g) This section does not apply to information des5 ignated solely for statistical purposes under section

6 205(m)(1) of the Department of Energy Organization Act.’’;

7 (B) in section 20(a)(3) (15 U.S.C. 779), by

8 inserting ‘‘, excluding information designated

9 solely for statistical purposes under subsection

10 (m)(1) of the Department of Energy Organiza11 tion Act (42 U.S.C. 7135)’’ after ‘‘information’’;

12 and

13 (C) in section 59 (15 U.S.C. 790h), by in14 serting ‘‘, excluding information designated sole15 ly for statistical purposes under subsection

16 (m)(1) of the Department of Energy Organiza17 tion Act (42 U.S.C 7135)’’ after ‘‘information’’.

18 (c) DEPARTMENT OF HEALTH AND HUMAN SERV19 ICES.—Section 306 of the Public Health Service Act (42

20 U.S.C. 242k) is amended by adding at the end the following

21 new subsection:

22 ‘‘(o) SHARING OF IDENTIFYING INFORMATION FOR

23 STATISTICAL PURPOSES.—

24 ‘‘(1) IN GENERAL.—The Director may, subject to

25 the provisions of paragraph (2), designate as an agent
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1 of the Center (within the meaning of section 203(2)

2 of the Statistical Confidentiality Act) an individ3 ual—

4 ‘‘(A) who is not otherwise an employee, offi5 cial, or agent of the Center; and

6 ‘‘(B) who enters into a written agreement

7 with the Director specifying terms and condi8 tions for sharing of statistical information.

9 ‘‘(2) EFFECT OF DESIGNATION.—An individual

10 designated as an agent of the Center pursuant to

11 paragraph (1) shall be subject to all restrictions on

12 the use and disclosure of statistical information ob13 tained by the individual under the agreement speci14 fied in paragraph (1)(B), and to all civil and crimi15 nal penalties applicable to violations of such restric16 tions, including penalties under section 1905 of title

17 18, United States Code, that would apply to the indi18 vidual if an employee of the Center.’’.

19 (d) DEPARTMENT OF LABOR.—The Commissioner of

20 Labor Statistics shall be authorized to designate agents, as

21 defined under section 203(2) of this title.

22 (e) NATIONAL SCIENCE FOUNDATION.—Section 14 of

23 the National Science Foundation Act of 1950 (42 U.S.C.

24 1873) is amended—
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1 (1) by striking the paragraph following the head2 ing of subsection (i) and inserting the following:

3 ‘‘Information supplied to the Foundation or its con4 tractor in survey forms, questionnaires, or similar instru5 ments for purposes of section 3(a) (5) or (6) by an individ6 ual, by an industrial or commercial organization, or by an

7 educational or academic institution that has received a

8 pledge of confidentiality from the Foundation, may not be

9 disclosed to the public unless the information has been

10 transformed into statistical or abstract formats that do not

11 allow the identification of the supplier. Such information

12 shall be used in identifiable form only for statistical pur13 poses as defined in the Statistical Confidentiality Act. The

14 names of individuals and organizations supplying such in15 formation may not be disclosed to the public.’’; and

16 (2) by redesignating subsection (j) as subsection

17 (k) and inserting the following new subsection after

18 subsection (i):

19 ‘‘(j) OBLIGATIONS OF RESEARCHERS.—In support of

20 functions authorized by section 3(a) (5) or (6), the Founda21 tion may designate, at its discretion, authorized persons,

22 including employees of Federal, State, or local agencies (in23 cluding local educational agencies) and employees of pri24 vate organizations who may have access, for exclusively sta25 tistical purposes as defined in the Statistical Confidential-
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1 ity Act, to identifiable information collected pursuant to

2 subsection (a) (5) or (6) of this title. No such person may—

3 ‘‘(1) publish information collected under section

4 3(a) (5) or (6) in such a manner that either an indi5 vidual, an industrial or commercial organization, or

6 an educational or academic institution that has re7 ceived a pledge of confidentiality from the Foundation

8 can be specifically identified;

9 ‘‘(2) permit anyone other than individuals au10 thorized by the Foundation to examine in identifiable

11 form data relating to an individual, to an industrial

12 or commercial organization, or to an educational or

13 academic institution that has received a pledge of

14 confidentiality from the Foundation; or

15 ‘‘(3) knowingly and willfully request or obtain

16 any confidential information described in subsection

17 (i) from the Foundation under false pretenses.

18 Any person who violates these restrictions shall be guilty

19 of a misdemeanor and fined not more than $10,000.’’.

20 (f) DISCLOSURE PENALTIES.—Section 1905 of title 18,

21 United States Code, is amended—

22 (1) by inserting ‘‘, or agent of a Statistical Data

23 Center as defined in the Statistical Confidentiality

24 Act,’’ after ‘‘thereof’’; and
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1 (2) by striking ‘‘shall be fined not more than

2 $1,000’’ and inserting ‘‘shall be fined under this

3 title’’.

4 SEC. 210. EFFECT ON OTHER LAWS.

5 (a) TITLE 44, U.S.C.—This title, including the

6 amendments made by this title, does not diminish the au7 thority under section 3510 of title 44, United States Code,

8 of the Director of the Office of Management and Budget to

9 direct, and of an agency to make, disclosures that are not

10 inconsistent with any applicable law.

11 (b) STATE LAW.—Nothing in this Act shall be con12 strued to abrogate applicable State law regarding the con13 fidentiality of data collected by the States.

14 (c) FOIA.—Data or information acquired for exclu15 sively statistical purposes as provided in section 206 is ex16 empt from mandatory disclosure under section 552 of title

17 5, United States Code, pursuant to section 552(b)(3) of such

18 title.