administrative procedures, or information re-
sources that support such purposes.
SEC. 202. DESIGNATION OF STATISTICAL DATA CENTERS.
Each of the following is hereby designated as a Sta-
tistical Data Center:
(1) The Bureau of Economic Analysis in the
Department of Commerce.
(2) The Bureau of the Census in the Depart-
ment of Commerce.
(3) The Bureau of Labor Statistics in the De-
partment of Labor.
(4) The National Agricultural Statistics Service
in the Department of Agriculture.
(5) The National Center for Education Statis-
tics in the Department of Education.
(6) The National Center for Health Statistics
in the Department of Health and Human Services.
(7) The Energy End Use and Integrated Statis-
tics Division of the Energy Information Administra-
tion in the Department of Energy.
(8) The Division of Science Resources Studies
in the National Science Foundation.
SEC. 203. STATISTICAL DATA CENTER RESPONSIBILITIES.
The Statistical Data Centers designated in section
202 shall—
(1) identify opportunities to eliminate duplica-
tion and otherwise reduce reporting burden and cost
imposed on the public by the exchange of informa-
tion for exclusively statistical purposes;
(2) enter into joint statistical projects to im-
prove the quality and reduce the cost of statistical
programs;
(3) safeguard the confidentiality of individually
identifiable information acquired for statistical pur-
poses by assuring its physical security and by con-
trolling access to, and uses made of, such informa-
tion; and
(4) respect the rights and privileges of the pub-
lic by observing and promoting fair information
practices.
SEC. 204. LIMITATIONS ON USE AND DISCLOSURE OF DATA
AND INFORMATION BY STATISTICAL DATA
CENTERS.
(a) USE OF STATISTICAL DATA OR INFORMATION.—
A Statistical Data Center may use data or information
acquired for exclusively statistical purposes only for statis-
tical purposes.
(b) DISCLOSURE OF STATISTICAL DATA OR INFOR-
MATION.—A Statistical Data Center may not disclose data
or information acquired for exclusively statistical purposes
in identifiable form for any purpose other than a statis-
tical purpose without the informed consent of the respond-
ent.
(c) RULE FOR USE OF DATA OR INFORMATION FOR
NONSTATISTICAL PURPOSES.—A Statistical Data Center
shall clearly distinguish any data or information collected
for nonstatistical purposes (as authorized by law) by the
Statistical Data Center by a rule that provides that the
respondent supplying the data or information is fully in-
formed, before the data or information is collected, that
the data or information will be used for nonstatistical pur-
poses.
SEC. 205. DISCLOSURE OF DATA OR INFORMATION BY
AGENCIES TO STATISTICAL DATA CENTERS.
(a) AGENCIES THAT MAY DISCLOSE DATA OR IN-
FORMATION TO A STATISTICAL DATA CENTER.—Subject
to subsection (b), any Federal agency may disclose data
or information to one or more Statistical Data Centers
for exclusively statistical purposes.
(b) LIMITATIONS ON DISCLOSURE.—Data or infor-
mation may be disclosed by an agency to one or more Sta-
tistical Data Centers under subsection (a) only if—
(1) the data or information is to be used exclu-
sively for statistical purposes by the Statistical Data
Center or Centers;
(2) the disclosure of, and proposed use of, the
data or information by the Statistical Data Center
is not inconsistent with any provisions of law or Ex-
ecutive order that explicitly limit the statistical pur-
poses for which such data or information may be
used;
(3) the disclosure is not prohibited by law or
Executive order in the interest of national security;
(4) the disclosure is made under the terms of
a written agreement between the Statistical Data
Center or Centers and the agency or unit supplying
the data or information that specifies—
(A) the data or information to be disclosed;
(B) the purposes for which the data or in-
formation are to be used; and
(C) appropriate security procedures to
safeguard the confidentiality of the data or in-
formation; and
(5) the data or information is not disclosed by
that Center in identifiable form (except in a case in
which the data or information was collected directly
by a party to the agreement, referred to in sub-
section (b)(4), and the agreement specifies that the
data or information may be so disclosed to another
party to the agreement for exclusively statistical
purposes).
(c) NOTICE AND COMMENT.—The public notice and
comment procedures for data collections described in sec-
tion 3506(c)(2) of title 44, United States Code, and the
provisions relating to review of data collections by the Di-
rector of the Office of Management and Budget in section
3507 of such title, shall apply to each written agreement
entered into under subsection (b)(4). The scope of any
public notice and comment with respect to any such writ-
ten agreement shall extend to all issues relating to the
requirements of this section.
(d) APPLICABILITY OF OTHER LAWS.—(1) The dis-
closure of data or information by an agency to a Statistical
Data Center under this section shall in no way alter the
responsibility of that agency under other statutes (includ-
ing the Freedom of Information Act and the Privacy Act)
with respect to the disclosure or withholding of such infor-
mation by that agency.
(2) If data or information obtained by an agency is
disclosed to a Statistical Data Center pursuant to this sec-
tion, all provisions of law (including penalties) that relate
to the unlawful disclosure of the data or information apply
to the officers, employees, or agents of the Statistical Data
Center to which information is disclosed to the same ex-
cantly improve Federal statistical programs or prod-
ucts;
(3) the proposed Statistical Data Center has
demonstrated its capability to protect the individual
confidentiality of any shared data; and
(4) the laws that apply to the proposed Statis-
tical Data Center are not inconsistent with this title.
(b) NOTICE AND COMMENT.—The head of an agency
seeking designation as a successor Statistical Data Center
under this section shall, after consultation with the Direc-
tor of the Office of Management and Budget, provide pub-
lic notice and an opportunity to comment on the con-
sequences of such designation and on those determinations
upon which the designation is proposed to be based.
(c) PROHIBITION AGAINST INCREASE IN NUMBER OF
CENTERS.—No action taken under this section shall in-
crease the number of Statistical Data Centers authorized
by this title.
SEC. 207. COORDINATION AND OVERSIGHT BY OFFICE OF
MANAGEMENT AND BUDGET.
(a) IN GENERAL.—The Director of the Office of
Management and Budget shall coordinate and oversee the
confidentiality and disclosure policies established by this
title.
(b) IMPLEMENTING REGULATIONS.—The Director of
the Office of Management and Budget in consultation with
Congress may promulgate such rules as may be necessary
to implement this title.
(c) REVIEW AND APPROVAL OF RULES.—The Direc-
tor of the Office of Management and Budget shall review
and approve any rules proposed pursuant to this title for
consistency with this title and chapter 35 of title 44,
United States Code.
(d) REPORT
OF DISCLOSURE AGREEMENTS.—(1)
The head of a Statistical Data Center shall report to the
Office of Management and Budget—
(A) each disclosure agreement entered into pur-
suant to section 205(b)(4);
(B) the results of any review of information se-
curity undertaken at the request of the Office of
Management and Budget; and
(C) the results of any similar review undertaken
on the initiative of the Statistical Data Center or an
agency disclosing data or information to a Statistical
Data Center.
(2) The Director of the Office of Management and
Budget shall include a summary of all reports submitted
to the Director under this subsection and any actions
taken by the Director to advance the purposes of this title
in its annual report to the Congress on statistical pro-
grams.
SEC. 208. EFFECT ON OTHER LAWS.
(a) 44 U.S.C. 3510.—This title, including the amend-
ments made herein, does not diminish the authority under
section 3510 of title 44, United States Code, of the Direc-
tor of the Office of Management and Budget to direct,
and of an agency to make, disclosures that are not incon-
sistent with any applicable law.
(b) 5 U.S.C. 552.—Data or information acquired for
exclusively statistical purposes as provided in section 204
is exempt from mandatory disclosure under section 552
of title 5, United States Code, pursuant to section
552(b)(3) of such title.
(c) PREEMPTION OF STATE LAW.—Nothing in this
Act shall preempt applicable State law regarding the con-
fidentiality of data collected by the States.
SEC. 209. DISCLOSURE PENALTIES.
An agent of a Statistical Data Center (as defined in
section 201(2)) shall be treated as an officer or employee
of the United States for purposes of section 1905 of title
18, United States Code.
SEC. 210. PROPOSED CHANGES IN LAW.
Not later than the date that is 90 days after the date
of the enactment of this Act, the President shall submit
to Congress a description of any additional changes in law
necessary to reflect the provisions of this Act.
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