II

106TH CONGRESS

1ST SESSION S. 205

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

JANUARY 19, 1999

Mr. MOYNIHAN (for himself and Mr. KERREY) introduced the following bill;

which was read twice and referred to the Committee on Governmental Affairs

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 permitting 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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Federal Commission on Statistical Policy Act of 1999’’.

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

5 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. 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.

6 SEC. 2. FINDINGS.

7 The Congress, recognizing the importance of statis8 tical information in the development of national priorities

9 and policies and in the administration of public programs,

10 finds the following:

11 (1) While the demand for statistical information

12 has grown substantially during the last 30 years, the

13 difficulty of coordinating planning within the decen-
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1 tralized Federal statistical system has limited the

2 usefulness of statistics in defining problems and de3 termining national policies to deal with complex so4 cial and economic issues.

5 (2) Coordination and planning among the sta6 tistical programs of the Government are necessary to

7 strengthen and improve the quality and utility of

8 Federal statistics and to reduce duplication and

9 waste in information collected for statistical pur10 poses.

11 (3) High-quality Federal statistical products

12 and programs are essential for sound business and

13 public policy decisions.

14 (4) The challenge of providing high-quality sta15 tistics has increased because our economy and soci16 ety are more complex, new technologies are avail17 able, and decisionmakers need more complete and

18 accurate data.

19 (5) Maintaining quality of Federal statistical

20 products requires full cooperation between Federal

21 statistical agencies and those persons and organiza22 tions that respond to their requests for information.

23 (6) Federal statistical products and programs

24 can be improved, without reducing respondent co25 operation, by permitting carefully controlled sharing
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1 of data with statistical agencies in a manner that is

2 consistent with confidentiality commitments made to

3 respondents.

4 SEC. 3. SENSE OF CONGRESS.

5 It is the sense of Congress that—

6 (1) a more centralized statistical system is inte7 gral to efficiency;

8 (2) with increased efficiency comes better inte9 gration of research methodology, survey design, and

10 economies of scale;

11 (3) the Chief Statistician must have the author12 ity, personnel, and other resources necessary to

13 carry out the duties of that office effectively, includ14 ing duties relating to statistical forms clearance; and

15 (4) statistical forms clearance at the Office of

16 Management and Budget should be better distin17 guished from regulatory forms clearance.

18 TITLE I—FEDERAL COMMISSION

19 ON STATISTICAL POLICY

20 SEC. 101. ESTABLISHMENT.

21 (a) ESTABLISHMENT.—There is established a com22 mission to be known as the ‘‘Federal Commission on Sta23 tistical Policy’’ (in this title referred to as the ‘‘Commis24 sion’’).
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1 (b) COMPOSITION.—The Commission shall be com2 posed of 16 members as follows:

3 (1) APPOINTMENTS BY PRESIDENT.—Eight

4 members appointed by the President from among in5 dividuals who—

6 (A) are not officers or employees of the

7 United States; and

8 (B)(i) are qualified to serve on the Com9 mission by virtue of experience relating to sta10 tistical agencies of the Federal Government; or

11 (ii) have expertise relating to organiza12 tional reorganization, State sources and uses of

13 statistical information, statistical analysis, or

14 management of complex organizations.

15 (2) APPOINTMENTS FROM THE HOUSE OF REP16 RESENTATIVES.—Four members appointed by the

17 Speaker of the House of Representatives, in con18 sultation with the majority leader and minority lead19 er of the House of Representatives, from among in20 dividuals who—

21 (A) are not officers or employees of the

22 United States; and

23 (B)(i) are qualified to serve on the Com24 mission by virtue of experience relating to sta25 tistical agencies of the Federal Government; or
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1 (ii) are also qualified to serve on the Com2 mission by virtue of expertise relating to organi3 zational reorganization, State sources and uses

4 of statistical information, statistical analysis, or

5 management of complex organizations.

6 (3) APPOINTMENTS FROM THE SENATE.—Four

7 members appointed by the President pro tempore of

8 the Senate, in consultation with the majority leader

9 and minority leader of the Senate, from among indi10 viduals who—

11 (A) are not officers or employees of the

12 United States; and

13 (B)(i) are qualified to serve on the Com14 mission by virtue of experience relating to sta15 tistical agencies of the Federal Government; or

16 (ii) are also qualified to serve on the Com17 mission by virtue of expertise relating to organi18 zational reorganization, State sources and uses

19 of statistical information, statistical analysis, or

20 management of complex organizations.

21 (c) DEADLINE FOR APPOINTMENT.—Members shall

22 be appointed to the Commission not later than 4 months

23 after the date of the enactment of this Act.

24 (d) POLITICAL AFFILIATION.—
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1 (1) APPOINTMENTS BY PRESIDENT.—Of the

2 members of the Commission appointed under sub3 section (b)(1), not more than 4 may be of the same

4 political party.

5 (2) APPOINTMENTS BY SPEAKER OF THE

6 HOUSE OF REPRESENTATIVES.—Of the members of

7 the Commission appointed under subsection (b)(2),

8 not more than 2 may be of the same political party.

9 (3) APPOINTMENTS BY PRESIDENT PRO TEM10 PORE.—Of the members of the Commission ap11 pointed under subsection (b)(3), not more than 2

12 may be of the same political party.

13 (e) CHAIRMAN.—The Commission shall select a

14 Chairman from among the members of the Commission

15 by a majority vote of all members.

16 (f) CONSULTATION BEFORE APPOINTMENTS.—In

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

18 the Speaker of the House of Representatives, the minority

19 leader of the House of Representatives, the President pro

20 tempore of the Senate, and the minority leader of the Sen21 ate shall consult with appropriate professional organiza22 tions, including State and local governments.

23 (g) PERIOD OF APPOINTMENT; VACANCIES.—Mem24 bers shall be appointed for the life of the Commission. Any

25 vacancy in the Commission shall not affect its powers, but
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1 shall be filled in the same manner as the original appoint2 ment.

3 SEC. 102. DUTIES OF COMMISSION.

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

5 after the date of enactment of this Act, the Commission

6 shall study and submit to Congress and the President a

7 written report and draft legislation as necessary and ap8 propriate on the Federal statistical system including—

9 (1) recommendations on whether the Federal

10 statistical system could be reorganized by consolidat11 ing the statistical functions of agencies that carry

12 out statistical programs;

13 (2) recommendations on how the consolidation

14 described in paragraph (1) may be achieved without

15 disruption in the release of statistical products;

16 (3) any other recommendations regarding how

17 the Federal statistical system could be reorganized

18 to achieve greater efficiency, improve quality, timeli19 ness, and adaptability to change in carrying out

20 Federal statistical programs;

21 (4) recommendations on possible improvements

22 to procedures for the release of major economic and

23 social indicators by the United States; and

24 (5) recommendations to ensure requirements

25 that State data and information shall be maintained
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1 in a confidential, consistent, and comparable man2 ner.

3 (b) PRESIDENTIAL REVIEW.—

4 (1) IN GENERAL.—

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

6 than 15 days after the receipt of the report (in7 cluding any draft legislation) under subsection

8 (a), the President shall approve or disapprove

9 of the report.

10 (B) APPROVAL OR INACTION.—If the

11 President approves the report, the Commission

12 shall submit the report to Congress on the day

13 following such approval. If the President does

14 not disapprove the report, the Commission shall

15 submit the report to Congress on the day fol16 lowing the 15-day period described under sub17 paragraph (A).

18 (C) DISAPPROVAL.—If the President dis19 approves the report, the President shall note his

20 specific objections and any suggested changes

21 to the Commission.

22 (D) FINAL REPORT AFTER DIS23 APPROVAL.—The Commission shall consider

24 any objections and suggested changes submitted

25 by the President and may modify the report
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1 based on those objections and suggested

2 changes. Not later than 10 days after receipt of

3 the President’s disapproval under subparagraph

4 (C), the Commission shall submit the final re5 port (as modified if modified) to Congress.

6 (c) STATISTICAL REORGANIZATION BILL.—

7 (1) IN GENERAL.—If the written report submit8 ted to Congress under subsection (a) contains rec9 ommendations on the consolidation of the Federal

10 statistical functions of the United States into a Fed11 eral Statistical Service, the report shall contain draft

12 legislation incorporating such recommendations

13 under subsection (a)(1).

14 (2) DRAFT LEGISLATION.—Draft legislation

15 submitted to Congress under this subsection shall be

16 strictly limited to implementation of recommenda17 tions for the consolidation or reorganization of the

18 statistical functions of Federal agencies.

19 (3) PROVISIONS IN DRAFT LEGISLATION.—

20 Draft legislation submitted to Congress under this

21 subsection that would establish a Federal Statistical

22 Service shall—

23 (A) provide for an Administrator and Dep24 uty Administrator of the Federal Statistical
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1 Service, and the creation of other officers as ap2 propriate; and

3 (B) contain a provision designating the

4 Administrator as a member of the Interagency

5 Council on Statistical Policy established under

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

7 Code.

8 (d) OTHER DUTIES OF THE COMMISSION.—

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

10 conduct comprehensive studies and submit reports to

11 Congress on all matters relating to the Federal sta12 tistical infrastructure, including longitudinal surveys

13 conducted by private agencies and partially funded

14 by the Federal Government for the purpose of iden15 tifying opportunities to improve the quality of statis16 tics in the United States.

17 (2) INCLUSIONS.—Studies under this subsection

18 shall include—

19 (A) a review and evaluation of the mission

20 of various statistical agencies and the relevance

21 of such missions to current and future needs;

22 (B) an evaluation of key statistics and

23 measures and recommendations on ways to im24 prove such statistics so that the statistics better

25 serve the intended major purposes;
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1 (C) a review of interagency coordination of

2 statistical data and recommendations of meth3 ods to standardize collection procedures and

4 surveys, as appropriate, and presentation of

5 data throughout the Federal system;

6 (D) a review of information technology and

7 recommendations of appropriate methods for

8 disseminating statistical data, with special em9 phasis on resources such as the Internet that

10 allow the public to obtain information in a time11 ly and cost-effective manner;

12 (E) an identification and examination of

13 issues regarding individual privacy in the con14 text of statistical data;

15 (F) a comparison of the United States sta16 tistical system to statistical systems of other

17 nations for the purposes of identifying best

18 practices;

19 (G) a consideration of the coordination of

20 statistical data with other nations and inter21 national agencies, such as the Organization for

22 Economic Cooperation and Development; and

23 (H) recommendations regarding the pres24 entation to the public of statistical data col25 lected by Federal agencies, and standards of ac-
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1 curacy for statistical data used by Federal

2 agencies, including statistical data relating to—

3 (i) the national poverty level and

4 county poverty levels in the United States;

5 (ii) the Consumer Price Index;

6 (iii) the gross domestic product; and

7 (iv) other indicators of economic and

8 social activity, including marriage and di9 vorce in the United States.

10 (e) DEFINITION OF FEDERAL STATISTICAL SERV11 ICE.—As used in this section, the term ‘‘Federal Statis12 tical Service’’ means an entity established after the date

13 of the enactment of this Act as an independent agency

14 in the executive branch, the purpose of which is to carry

15 out Federal statistical programs and to which the statis16 tical functions of Federal statistical agencies are trans17 ferred.

18 SEC. 103. POWERS.

19 (a) HEARINGS AND SESSIONS.—The Commission

20 may, for the purpose of carrying out this Act, hold hear21 ings, sit and act at times and places, take testimony, and

22 receive evidence as the Commission considers appropriate.

23 (b) OBTAINING INFORMATION.—The Commission

24 may secure directly from any department or agency of the

25 United States information necessary to enable it to carry
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1 out this Act. Upon request of the Chairman of the Com2 mission, the head of that department or agency shall fur3 nish that information to the Commission.

4 (c) 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 (d) VOTING.—The Commission shall adopt any rec19 ommendation by a vote of a majority of its members.

20 SEC. 105. PERSONNEL MATTERS.

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

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

23 101(b) shall be entitled to receive the daily equivalent of

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

25 under section 5315 of title 5, United States Code, for each
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1 day (including travel time) during which they are engaged

2 in the actual performance of duties vested in the Commis3 sion.

4 (b) TRAVEL EXPENSES.—Each member of the Com5 mission shall receive travel expenses, including per diem

6 in lieu of subsistence, in accordance with sections 5702

7 and 5703 of title 5, United States Code.

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

9 the pay of personnel as it considers appropriate, including

10 an Executive Director.

11 (d) APPLICABILITY OF CERTAIN CIVIL SERVICE

12 LAWS.—Staff of the Commission may be appointed with13 out regard to the provisions of title 5, United States Code,

14 governing appointments in the competitive service, and

15 may be paid without regard to the provisions of chapter

16 51 and subchapter III of chapter 53 of that title relating

17 to classification and General Schedule pay rates, except

18 that an individual so appointed may not receive pay in

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

20 Senior Executive Service under section 5382 of such title.

21 SEC. 106. OTHER ADMINISTRATIVE PROVISIONS.

22 (a) POSTAL AND PRINTING SERVICES.— The Com23 mission may use the United States mails and obtain print24 ing and binding services in the same manner and under
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1 the same conditions as other departments and agencies of

2 the United States.

3 (b) ADMINISTRATIVE SUPPORT SERVICES.—Upon

4 the request of the Commission, the Administrator of Gen5 eral Services shall provide to the Commission, on a reim6 bursable basis, the administrative support services nec7 essary for the Commission to carry out its responsibilities

8 under this Act.

9 (c) EXPERTS AND CONSULTANTS.—The Commission

10 may procure temporary and intermittent services under

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

12 SEC. 107. TERMINATION.

13 The Commission shall terminate 3 years after the

14 date of enactment of this Act.

15 SEC. 108. EXPEDITED PROCEDURES FOR STATISTICAL RE16 ORGANIZATION BILL.

17 (a) RULES OF HOUSE OF REPRESENTATIVES AND

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

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

20 the House of Representatives and the Senate, re21 spectively, and as such it shall be considered as part

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

23 House to which it specifically applies, and shall su24 persede other rules only to the extent that they are

25 inconsistent with this section; and
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1 (2) with full recognition of the constitutional

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

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

4 manner and to the same extent as in the case of any

5 other rule of that House.

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

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

8 House of Congress—

9 (1) that is identical to the draft legislation sub10 mitted to Congress by the Commission under section

11 102(b); and

12 (2) that is introduced as provided in subsection

13 (c).

14 (c) INTRODUCTION AND REFERRAL.—Within 15 leg15 islative days after the Commission submits to Congress

16 legislation under section 102(b), such legislation shall be

17 introduced (by request) in the House by the Majority

18 Leader of the House of Representatives and shall be intro19 duced (by request) in the Senate by the Majority Leader

20 of the Senate. Such bills shall be referred to the appro21 priate committee in each House.

22 (d) PERIOD FOR COMMITTEE AND FLOOR CONSIDER23 ATION.—

24 (1) DISCHARGE.—If the committee of either

25 House to which a statistical reorganization bill has
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1 been referred has not reported it at the close of the

2 sixtieth day after its introduction, such committee

3 may be discharged from further consideration of the

4 bill upon a petition supported in writing in the Sen5 ate by 10 Members of the Senate and in the House

6 of Representatives by 40 Members of the House of

7 Representatives and it shall be placed on the appro8 priate calendar.

9 (2) DAYS.—For purposes of this subsection, in

10 computing a number of days in either House, there

11 shall be excluded the days on which that House is

12 not in session because of an adjournment of more

13 than 3 days to a day certain or an adjournment of

14 the Congress sine die.

15 (e) FLOOR CONSIDERATION IN THE HOUSE.—A mo16 tion in the House of Representatives to proceed to the con17 sideration of a statistical reorganization bill shall be highly

18 privileged except that a motion to proceed to consider may

19 only be made on the second legislative day after the cal20 endar day on which the Member making the motion an21 nounces to the House his intention to do so. The motion

22 to proceed to consider is not debatable. An amendment

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

24 to move to reconsider the vote by which the motion is

25 agreed to or disagreed to.
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1 (f) FLOOR CONSIDERATION IN THE SENATE.—

2 (1) MOTION TO PROCEED.—On or after the

3 fifth day after the date on which a statistical reorga4 nization bill or conference report is placed on the

5 Senate calendar, it shall be in order for any Senator

6 to make a motion to proceed to consideration of the

7 bill or conference report. The motion shall be privi8 leged and not debatable. An amendment to the mo9 tion shall not be in order, nor shall it be in order

10 to move to reconsider the vote by which the motion

11 is agreed to or disagreed to.

12 (2) FINAL PASSAGE.—Immediately following

13 the conclusion of the debate on a statistical reorga14 nization bill or conference report, the vote on final

15 passage shall occur.

16 (g) CONFERENCE.—In the Senate, a motion to elect

17 or to authorize the appointment of conferees shall not be

18 debatable.

19 SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

20 There is authorized to be appropriated for the Com21 mission such sums as may be necessary to carry out the

22 functions of the Commission.
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1 TITLE II—EFFICIENCY AND CON2 FIDENTIALITY OF FEDERAL

3 STATISTICAL SYSTEMS

4 SEC. 201. SHORT TITLE.

5 This title may be cited as the ‘‘Statistical Confiden6 tiality Act’’.

7 SEC. 202. FINDINGS AND PURPOSES.

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

9 (1) High quality Federal statistical products

10 and programs are essential for sound business and

11 public policy decisions.

12 (2) The challenge of providing high quality sta13 tistics has increased because the Nation’s economy

14 and society are more complex, new technologies are

15 available, and decision makers need more complete

16 and accurate data.

17 (3) Maintaining quality requires full coopera18 tion between Federal statistical agencies and those

19 persons and organizations that respond to requests

20 for information.

21 (4) Federal statistical products and programs

22 can be improved, without reducing respondent co23 operation, by permitting carefully controlled sharing

24 of data with statistical agencies in a manner that is
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1 consistent with confidentiality commitments made to

2 respondents.

3 (b) PURPOSES.—The purposes of this title are the

4 following:

5 (1) To provide that individually identifiable in6 formation furnished either directly or indirectly to

7 designated statistical agencies for exclusively statis8 tical purposes shall not be disclosed in individually

9 identifiable form by such agencies for any other pur10 pose without the informed consent of the respond11 ent.

12 (2) To prohibit the use by such agencies, in in13 dividually identifiable form, of any information col14 lected, compiled, or maintained solely for statistical

15 purposes under Federal authority, to make any deci16 sion or take any action directly affecting the rights,

17 benefits, and privileges of the person to whom the

18 information pertains, except with the person’s con19 sent.

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 accu2 racy of statistical programs by facilitating coopera3 tive projects between statistical agencies, and to cre4 ate a secure environment where expertise and data

5 resources 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 disclo9 sure of information maintained solely for statistical

10 purposes by designating specific statistical agencies

11 that are authorized to receive otherwise privileged

12 information for such purposes from other agencies,

13 and to prescribe specific conditions and procedures

14 that must 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 statis19 tical information from compulsory disclosure.

20 (7) To ensure that existing avenues for public

21 access to administrative data or information under

22 section 552a of title 5, United States Code (popu23 larly known as the ‘‘Privacy Act’’) or section 552 of

24 such title (popularly known as the ‘‘Freedom of In25 formation Act’’) are retained without change.
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1 (8) To establish consistent procedural safe2 guards for records disclosed exclusively for statistical

3 purposes, including both public input and an over4 sight 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

10 Code; 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 des14 ignated by a Statistical Data Center to perform, ei15 ther in the capacity of a Federal employee or other16 wise, exclusively statistical activities authorized by

17 law under the supervision or control of an officer or

18 employee of that Statistical Data Center, and who

19 has agreed in writing to comply with all provisions

20 of law that affect information acquired by that Sta21 tistical Data Center.

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

23 representation of information that permits informa24 tion concerning individual subjects to be reasonably

25 inferred 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,

5 or 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 in9 formation 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 agen13 cy.

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

15 (A) means the collection, compilation,

16 processing, or analysis of data for the purpose

17 of describing or making estimates concerning

18 the whole or relevant groups or components

19 within, the economy, society, or the natural en20 vironment; and

21 (B) includes the development of methods

22 or resources that support those activities, such

23 as measurement methods, models, statistical

24 classifications, or sampling frames.

25 (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

7 administrative procedures, or information re8 sources that support such purposes.

9 SEC. 204. STATISTICAL DATA CENTERS.

10 (a) IN GENERAL.—Each of the following is des11 ignated as a Statistical Data Center:

12 (1) The Bureau of Economic Analysis in the

13 Department of Commerce.

14 (2) The Bureau of the Census in the Depart15 ment 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 Statis21 tics in the Department of Education.

22 (6) The National Center for Health Statistics

23 in 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

5 in 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

11 proposing the reorganization, may designate an agency or

12 agency component that shall serve as a successor Statis13 tical Data Center under the terms of this title, if the Di14 rector determines that—

15 (1) the primary activities of the proposed Sta16 tistical Data Center are statistical activities specifi17 cally 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

23 demonstrated its capability to protect the individual

24 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 (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 Man7 agement and Budget, provide public notice and an oppor8 tunity to comment on the consequences of such designa9 tion and on those determinations upon which the designa10 tion is proposed 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 im22 prove the quality and reduce the cost of statistical

23 programs;

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 informa3 tion; and

4 (4) respect the rights and privileges of the pub5 lic by observing and promoting fair information

6 practices.

7 SEC. 206. CONFIDENTIALITY OF INFORMATION.

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

9 a Statistical Data Center for exclusively statistical pur10 poses shall be used only for statistical purposes. Such data

11 or information shall not be disclosed in identifiable form

12 for any other purpose without the informed consent of the

13 respondent.

14 (b) RULE DISTINGUISHING DATA OR INFORMA15 TION.—If a Statistical Data Center is authorized by any

16 other statute to collect data or information for nonstatis17 tical purposes, the head of the Statistical Data Center

18 shall clearly distinguish such data or information by rule.

19 Such rule shall provide for fully informing the respondents

20 requested or required to supply such data or information

21 of such nonstatistical uses before collecting such data or

22 information.

23 (c) DISCLOSURE.—Data or information may be dis24 closed by an agency to 1 or more Statistical Data Centers,

25 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

6 Executive order in the interest of national security;

7 (3) the data or information are to be used ex8 clusively for statistical purposes by the Statistical

9 Data Center or Centers; and

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

11 a written agreement between a Statistical Data Cen12 ter or Centers and the agency supplying information

13 as 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

18 safeguard the confidentiality of the data or in19 formation.

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 identifi23 able form by that Center for any purpose, except that data

24 or information collected directly by any party to such

25 agreement may be disclosed to any other party to that
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1 agreement for exclusively statistical purposes specified in

2 that agreement.

3 (e) NOTICE.—Whenever a written agreement author4 ized under subsection (c)(4) concerns data that respond5 ents were required by law to report and the agreement

6 contains terms that could not reasonably have been antici7 pated by respondents who provided the data that will be

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

9 agreement, or whenever ordered by the Director of the Of10 fice of Management and Budget, the terms of such agree11 ment shall be described in a public notice issued by the

12 agency that intends to disclose the data. Such notice shall

13 allow a minimum of 60 days for public comment before

14 such agreement shall take effect. The Director shall be

15 fully apprised of any issues raised by the public and may

16 suspend the effect of such an agreement to permit modi17 fications responsive to public 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,

22 United States Code, for the disclosure or withholding of

23 the same 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 infor3 mation apply to the officers, employees, or agents of the

4 agency to which information is released to the same extent

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

6 officers and employees of the agency which originally ob7 tained the information. The officers, employees, and

8 agents of the agency to which the information is released,

9 in addition, shall be subject to the same provisions of law,

10 including penalties, relating to the unlawful disclosure of

11 information that would apply to officers and employees of

12 that agency if the information had been collected directly

13 by that agency.

14 SEC. 207. COORDINATION AND OVERSIGHT.

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

16 Management and Budget shall coordinate and oversee the

17 confidentiality and disclosure policies established by this

18 title.

19 (b) REPORT OF DISCLOSURE AGREEMENTS.—

20 (1) REPORT TO THE OFFICE OF MANAGEMENT

21 AND BUDGET.—The head of a Statistical Data Cen22 ter shall report to the Office of Management and

23 Budget—

24 (A) each disclosure agreement entered into

25 under this title;
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1 (B) the results of any review of informa2 tion security undertaken at the request of the

3 Office 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

9 the Office of Management and Budget shall include

10 a 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 Direc16 tor of the Office of Management and Budget shall review

17 and approve any rules proposed pursuant to this title for

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

19 United 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

2 Management and Budget shall promulgate rules or pro3 vide such other guidance as may be needed to ensure con4 sistent interpretation 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,

8 subject to the review and approval required under this

9 title.

10 SEC. 209. CONFORMING AMENDMENTS AND PROPOSED

11 CHANGES IN LAW.

12 (a) DEPARTMENT OF COMMERCE.—

13 (1) The first section of the Act of January 27,

14 1938 (15 U.S.C. 176a; 52 Stat. 8) is amended in

15 the second sentence by striking ‘‘The’’ and inserting

16 ‘‘Except as provided in the Statistical Confidentiality

17 Act, the’’.

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

19 Code, is amended by adding after section 401 the

20 following:

21 ‘‘§ 402. Exchange of census information with Statis22 tical Data Centers

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

24 data collected under this title to Statistical Data Centers
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1 (Centers) named in the Statistical Confidentiality Act, or

2 their successors designated under the terms of that Act.’’.

3 (B) The table of sections for chapter 10 of title

4 13, United States Code, is amended by adding after

5 the item relating to section 401 the following:

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

6 (b) DEPARTMENT OF ENERGY.—

7 (1) Section 205 of the Department of Energy

8 Organization Act (42 U.S.C. 7135) is amended by

9 adding after subsection (l) the following new sub10 section:

11 ‘‘(m)(1)(A) The Administrator shall designate an or12 ganizational unit to conduct statistical activities pertain13 ing to energy end use consumption information. Using

14 procedures authorized by the Statistical Confidentiality

15 Act, the Administrator shall ensure the security, integrity,

16 and confidentiality of the information that has been sub17 mitted in identifiable form and supplied exclusively for

18 statistical purposes either directly to the Administrator or

19 by other Government agencies.

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

21 shall establish procedures for the disclosure of these data

22 to Statistical Data Centers for statistical purposes only

23 consistent with the Paperwork Reduction Act and the Sta24 tistical Confidentiality Act.
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1 ‘‘(2)(A) A person may not publish, cause to be pub2 lished, or otherwise communicate, statistical information

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

4 any respondent.

5 ‘‘(B) A person may not use statistical information

6 designated in paragraph (1) for a nonstatistical purpose.

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

8 is the subject of, information collected for statistical

9 purposes—

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

11 including disclosure through legal process, unless the

12 respondent consents in writing;

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

14 information has been transformed into a statistical

15 or aggregate form that does not allow the identifica16 tion of the respondent who supplied the information

17 or who is the subject of that information; and

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

19 the respondent, be admitted as evidence or used for

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

21 administrative proceeding.

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

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

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

25 both.
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1 ‘‘(E) For purposes of this subsection:

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

3 the term in section 1 of title 1, United States Code,

4 but also includes a local, State, or Federal entity or

5 officer or employee of a local State or Federal entity.

6 ‘‘(ii) The terms ‘statistical activities’, ‘identifi7 able form’, ‘statistical purpose’, ‘nonstatistical pur8 pose’, and ‘respondent’ have the meaning given those

9 terms in section 203 of the Statistical Confidential10 ity Act.

11 ‘‘(3) Statistical information designated in paragraph

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

13 407 of the Department of Energy Organization Act and

14 paragraphs 12, 20, and 59 of the Federal Energy Admin15 istration Act of 1974, or any other law which requires dis16 closure of that information.’’.

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

18 Organization Act (42 U.S.C. 7135) is amended by

19 inserting ‘‘, excluding information designated solely

20 for statistical purposes under subsection (m)(1),’’

21 after ‘‘analysis’’.

22 (3) Section 407 of the Department of Energy

23 Organization Act (42 U.S.C. 7177a) is amended by

24 inserting ‘‘, excluding information designated solely
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1 for statistical purposes under subsection (m)(1),’’

2 after ‘‘information’’.

3 (4) The Federal Energy Administration Act of

4 1974 is amended—

5 (A) in section 12 (15 U.S.C. 771), by add6 ing after subsection (f) the following new sub7 section:

8 ‘‘(g) This section does not apply to information des9 ignated solely for statistical purposes under section

10 205(m)(1) of the Department of Energy Organization

11 Act.’’;

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

13 by inserting ‘‘, excluding information designated

14 solely for statistical purposes under subsection

15 (m)(1) of the Department of Energy Organiza16 tion Act (42 U.S.C. 7135)’’ after ‘‘informa17 tion’’; and

18 (C) in section 59 (15 U.S.C. 790h), by in19 serting ‘‘, excluding information designated

20 solely for statistical purposes under subsection

21 (m)(1) of the Department of Energy Organiza22 tion Act (42 U.S.C 7135)’’ after ‘‘information’’.

23 (c) DEPARTMENT OF HEALTH AND HUMAN SERV24 ICES.—Section 306 of the Public Health Service Act (42
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1 U.S.C. 242k) is amended by adding at the end the follow2 ing new subsection:

3 ‘‘(o) SHARING OF IDENTIFYING INFORMATION FOR

4 STATISTICAL PURPOSES.—

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

6 to the provisions of paragraph (2), designate as an

7 agent of the Center (within the meaning of section

8 203(2) of the Statistical Confidentiality Act) an

9 individual—

10 ‘‘(A) who is not otherwise an employee, of11 ficial, or agent of the Center; and

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

13 with the Director specifying terms and condi14 tions for sharing of statistical information.

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

16 designated as an agent of the Center pursuant to

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

18 the use and disclosure of statistical information ob19 tained by the individual under the agreement speci20 fied in paragraph (1)(B), and to all civil and crimi21 nal penalties applicable to violations of such restric22 tions, including penalties under section 1905 of title

23 18, United States Code, that would apply to the in24 dividual if an employee of the Center.’’.
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1 (d) DEPARTMENT OF LABOR.—The Commissioner of

2 Labor Statistics shall be authorized to designate agents,

3 as defined under section 203(2) of this title.

4 (e) NATIONAL SCIENCE FOUNDATION.—Section 14

5 of the National Science Foundation Act of 1950 (42

6 U.S.C. 1873) is amended—

7 (1) by striking the paragraph following the

8 heading of subsection (i) and inserting the following:

9 ‘‘Information supplied to the Foundation or its con10 tractor in survey forms, questionnaires, or similar instru11 ments for purposes of section 3(a) (5) or (6) by an individ12 ual, by an industrial or commercial organization, or by an

13 educational or academic institution that has received a

14 pledge of confidentiality from the Foundation, may not be

15 disclosed to the public unless the information has been

16 transformed into statistical or abstract formats that do

17 not allow the identification of the supplier. Such informa18 tion shall be used in identifiable form only for statistical

19 purposes as defined in the Statistical Confidentiality Act.

20 The names of individuals and organizations supplying

21 such information may not be disclosed to the public.’’; and

22 (2) by redesignating subsection (j) as sub23 section (k) and inserting the following new sub24 section after subsection (i):
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1 ‘‘(j) OBLIGATIONS OF RESEARCHERS.—In support of

2 functions authorized by section 3(a) (5) or (6), the Foun3 dation may designate, at its discretion, authorized per4 sons, including employees of Federal, State, or local agen5 cies (including local educational agencies) and employees

6 of private organizations who may have access, for exclu7 sively statistical purposes as defined in the Statistical Con8 fidentiality Act, to identifiable information collected pur9 suant to subsection (a) (5) or (6) of this title. No such

10 person may—

11 ‘‘(1) publish information collected under section

12 3(a) (5) or (6) in such a manner that either an indi13 vidual, an industrial or commercial organization, or

14 an educational or academic institution that has re15 ceived a pledge of confidentiality from the Founda16 tion can be specifically identified;

17 ‘‘(2) permit anyone other than individuals au18 thorized by the Foundation to examine in identifi19 able form data relating to an individual, to an indus20 trial or commercial organization, or to an edu21 cational or academic institution that has received a

22 pledge of confidentiality from the Foundation; or

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

24 any confidential information described in subsection

25 (i) from the Foundation under false pretenses.
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1 Any person who violates these restrictions shall be guilty

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

3 (f) DISCLOSURE PENALTIES.—Section 1905 of title

4 18, United States Code, is amended—

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

6 Data Center as defined in the Statistical Confiden7 tiality Act,’’ after ‘‘thereof’’; and

8 (2) by striking ‘‘shall be fined not more than

9 $1,000’’ and inserting ‘‘shall be fined under this

10 title’’.

11 SEC. 210. EFFECT ON OTHER LAWS.

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

13 amendments made by this title, does not diminish the au14 thority under section 3510 of title 44, United States Code,

15 of the Director of the Office of Management and Budget

16 to direct, and of an agency to make, disclosures that are

17 not inconsistent with any applicable law.

18 (b) STATE LAW.—Nothing in this Act shall be con19 strued to abrogate applicable State law regarding the con20 fidentiality of data collected by the States.

21 (c) FOIA.—Data or information acquired for exclu22 sively statistical purposes as provided in section 206 is ex23 empt from mandatory disclosure under section 552 of title
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1 5, United States Code, pursuant to section 552(b)(3) of

2 such title.

Æ