106TH CONGRESS
1ST SESSION
H. R. 2885
AN ACT
To provide uniform safeguards for the confiden-
tiality of information acquired for exclusively sta-
tistical purposes, and to improve the efficiency
and quality of Federal statistics and Federal sta-
tistical programs by permitting limited sharing of
records among designated agencies for statistical
purposes under strong safeguards.
106TH CONGRESS
1ST SESSION
H. R. 2885
AN ACT
To provide uniform safeguards for the confidentiality of in-
formation acquired for exclusively statistical purposes,
and to improve the efficiency and quality of Federal
statistics and Federal statistical programs by permitting
limited sharing of records among designated agencies
for statistical purposes under strong safeguards.
(7) The Energy Consumption Division of the
Energy Information Administration in the Depart-
ment of Energy.
(8) The Division of Science Resources Studies
in the National Science Foundation.
(b) DESIGNATION.—In the case of a reorganization
that eliminates, or substantially alters the mission or func-
tions of, an agency or agency component listed in sub-
section (a), the Director of the Office of Management and
Budget, after consultation with the head of the agency
proposing the reorganization, may designate an agency or
agency component that shall serve as a successor Statis-
tical Data Center under the terms of this Act, if the Direc-
tor determines that—
(1) the primary activities of the proposed Sta-
tistical Data Center are statistical activities specifi-
cally authorized by law;
(2) the proposed Statistical Data Center would
participate in data sharing activities that signifi-
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 Act.
(c) 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.
(d) 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 Act.
SEC. 4. STATISTICAL DATA CENTER RESPONSIBILITIES.
The Statistical Data Centers designated in section 3
shall—
(1) identify opportunities to eliminate duplica-
tion and otherwise reduce reporting burden and cost
imposed on the public by sharing information for ex-
clusively 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. 5. LIMITATIONS ON USE AND DISCLOSURE OF DATA
AND INFORMATION BY STATISTICAL DATA
CENTERS.
(a) USE OF STATISTICAL DATA OR INFORMATION.—
Data or information acquired by a Statistical Data Center
for exclusively statistical purposes shall be used by the
Center only for statistical purposes.
(b) DISCLOSURE OF STATISTICAL DATA OR INFOR-
MATION.—Data or information acquired for exclusively
statistical purposes shall not be disclosed in identifiable
form, for any purpose other than a statistical purpose,
without the informed consent of the respondent.
(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. 6. DISCLOSURE OF DATA OR INFORMATION BY AGEN-
CIES 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 are to be used ex-
clusively 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 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 subsection
(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.—Whenever a written agreement author-
ized under subsection (b)(4) concerns data that respond-
ents were required by law to report and the agreement
contains terms that could not reasonably have been antici-
pated by respondents who provided the data that will be
disclosed, or upon the initiative of any party to such an
agreement, or whenever ordered by the Director of the Of-
fice of Management and Budget, the terms of such agree-
ment shall be described in a public notice issued by the
agency that intends to disclose the data. Such notice shall
allow a minimum of 60 days for public comment before
such agreement shall take effect. The Director shall be
fully apprised of any issues raised by the public and may
suspend the effect of such an agreement to permit modi-
fications responsive to public comments.
(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 another agency pursuant to this section, 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 agency to which
the data or information is disclosed to the same extent
and in the same manner as the provisions apply to the
officers and employees of the agency which originally ob-
tained the information.
(3) The officers, employees, and agents of the agency
to which the data or information is disclosed, in addition,
shall be subject to the same provisions of law, including
penalties, relating to the unlawful disclosure of informa-
tion that would apply to officers and employees of that
agency, if the information had been collected directly by
that agency.
SEC. 7. 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
Act.
(b) 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 6(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 Act
in the annual report to the Congress on statistical pro-
grams submitted in accordance with section 3504(e)(2) of
title 44, United States Code.
(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 Act for
consistency with this Act and chapter 35 of title 44,
United States Code.
SEC. 8. IMPLEMENTING REGULATIONS.
(a) IN GENERAL.—Subject to subsections (b) and (c),
the Director of the Office of Management and Budget, or
the head of a Statistical Data Center or of an agency pro-
viding information to a Center, may promulgate such rules
as may be necessary to implement this Act.
(b) CONSISTENCY.—The Director of the Office of
Management and Budget shall promulgate rules or pro-
vide such other guidance as may be needed to ensure con-
sistent interpretation of this Act by the affected agencies.
(c) AGENCY RULES.—Rules governing disclosures of
information authorized by this Act shall be promulgated
by the agency that originally collected the information,
subject to the review and approval required under this Act.
SEC. 9. EFFECT ON OTHER LAWS.
(a) TITLE
44 U.S.C.—This Act, including the
amendments made by this Act, does not diminish the au-
thority under section 3510 of title 44, United States Code,
of the Director of the Office of Management and Budget
to direct, and of an agency to make, disclosures that are
not inconsistent with any applicable law.
(b) EXEMPTION FROM FREEDOM OF INFORMATION
ACT.—Data or information acquired for exclusively statis-
tical purposes as provided in section 5 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. 10. CONFORMING AND PROPOSED CHANGES IN LAW.
(a) DEPARTMENT OF COMMERCE.—(1) Section 1 of
the Act of January 27, 1938 (15 U.S.C 176a) is amended
by striking ‘‘The’’ and inserting ‘‘Except as provided in
the Statistical Efficiency Act of 1999, the’’.
(2)(A) Chapter 10 of title 13, United States Code,
is amended by adding after section 401 the following:
‘‘§ 402. Exchange of census information with Statis-
tical Data Centers
‘‘The Bureau of the Census is authorized to provide
data collected under this title to Statistical Data Centers
named in the Statistical Efficiency Act of 1999, or their
successors designated under the terms of that Act.’’.
(B) The table of sections for chapter 10 of title 13,
United States Code, is amended by adding after the item
relating to section 401 the following:
‘‘402. Exchange of census information with Statistical Data Centers.’’.
(b) DEPARTMENT OF ENERGY.—(1) Section 205 of
the Department of Energy Organization Act (Public Law
95–91; 42 U.S.C. 7135) is amended by adding after sub-
section (l) the following new subsection:
‘‘(m)(1)(A) The Administrator shall designate an or-
ganizational unit to conduct statistical activities per-
taining to energy end use consumption information. Using
procedures authorized by the Statistical Efficiency Act of
1999, the Administrator shall ensure the security, integ-
rity, and confidentiality of the information that has been
submitted in identifiable form and supplied exclusively for
statistical purposes either directly to the Energy Informa-
tion Administration or by other Government agencies.
‘‘(B) To carry out this section, the Administrator
shall establish procedures for the disclosure of these data
to Statistical Data Centers for statistical purposes only
consistent with chapter 35 of title 44, United States Code
(commonly referred to as the ‘Paperwork Reduction Act’),
and the Statistical Efficiency Act of 1999.
‘‘(2)(A) A person may not publish, cause to be pub-
lished, or otherwise communicate, statistical information
designated in paragraph (1) in a manner that identifies
any respondent.
‘‘(B) A person may not use statistical information
designated in paragraph (1) for a nonstatistical purpose.
‘‘(C) The identity of a respondent who supplies, or
is the subject of, information collected for statistical
purposes—
‘‘(i) may not be disclosed through any process,
including disclosure through legal process, unless the
respondent consents in writing;
‘‘(ii) may not be disclosed to the public, unless
information has been transformed into a statistical
or aggregate form that does not allow the identifica-
tion of the respondent who supplied the information
or who is the subject of that information; and
‘‘(iii) may not, without the written consent of
the respondent, be admitted as evidence or used for
any purpose in an action, suit, or other judicial or
administrative proceeding.
‘‘(D) Any person who violates subparagraphs (A),
(B), or (C), upon conviction, shall be fined under title 18,
United States Code, imprisoned not more than 1 year, or
both.
‘‘(E) For purposes of this subsection:
‘‘(i) The term ‘person’ has the meaning given
the term in section 1 of title 1, United States Code,
but also includes a local, State, or Federal entity or
officer or employee of a local, State, or Federal enti-
ty.
‘‘(ii) The terms ‘statistical activities’, ‘identifi-
able form’, ‘statistical purpose’, ‘nonstatistical pur-
pose’, and ‘respondent’ have the meaning given those
terms in section 2 of the Statistical Efficiency Act
of 1999.
‘‘(3) Statistical information designated in paragraph
(1) is exempt from disclosure under sections 205(f) and
407 of this Act and sections 12, 20, and 59 of the Federal
Energy Administration Act of 1974, or any other law
which requires disclosure of that information.’’.
(2) Section 205(f) of the Department of Energy Or-
ganization Act (42 U.S.C. 7135) is amended by inserting
‘‘, excluding information designated solely for statistical
purposes under subsection (m)(1),’’ after ‘‘analysis’’.
(3) Section 407(a) of the Department of Energy Or-
ganization Act (42 U.S.C. 7177(a)) is amended by insert-
ing ‘‘, excluding information designated solely for statis-
tical purposes under section 205(m)(1),’’ after ‘‘informa-
tion’’.
‘‘(1) IN GENERAL.—The Director may, subject
to the provisions of paragraph (2), designate as an
agent of the Center (within the meaning of section
2 of the Statistical Efficiency Act of 1999) an
individual—
‘‘(A) who is not otherwise an employee, of-
ficial, or agent of the Center; and
‘‘(B) who enters into a written agreement
with the Director specifying terms and condi-
tions for sharing of statistical information.
‘‘(2) EFFECT OF DESIGNATION.—An individual
designated as an agent of the Center pursuant to
paragraph (1) shall be subject to all restrictions on
the use and disclosure of statistical information ob-
tained by the individual under the agreement speci-
fied in paragraph (1)(B), and to all civil and crimi-
nal penalties applicable to violations of such restric-
tions, including penalties under section 1905 of title
18, United States Code, that would apply to the in-
dividual if an employee of the Center.’’.
(d) DEPARTMENT OF LABOR.—The Commissioner of
Labor Statistics is authorized to designate agents, as de-
fined in section 2.
(e) NATIONAL SCIENCE FOUNDATION.—Section 14
of the National Science Foundation Act of 1950 (42
U.S.C. 1873) is amended—
(1) by amending subsection (i) to read as fol-
lows:
‘‘(i) Information supplied to the Foundation or its
contractor in survey forms, questionnaires, or similar in-
struments for purposes of section 3(a)(5) or (6) by an in-
dividual, by an industrial or commercial organization, or
by an educational or academic institution that has received
a pledge of confidentiality from the Foundation, may not
be disclosed to the public unless the information has been
transformed into statistical or abstract formats that do
not allow the identification of the supplier. Such informa-
tion shall be used in identifiable form only for statistical
purposes as defined in the Statistical Efficiency Act of
1999. The names of individuals and organizations sup-
plying such information may not be disclosed to the pub-
lic.’’;
(2) by adding the following new subsection after
subsection (i):
‘‘(j) In support of functions authorized by section
3(a)(5) or (6), the Foundation may designate, at its dis-
cretion, authorized persons, including employees of Fed-
eral, State, or local agencies (including local educational
agencies) and employees of private organizations who may
have access, for exclusively statistical purposes as defined
in the Statistical Efficiency Act of 1999, to identifiable
information collected pursuant to section 3(a)(5) or (6).
No such person may—
‘‘(1) publish information collected under section
3(a)(5) or (6) in such a manner that either an indi-
vidual, an industrial or commercial organization, or
an educational or academic institution that has re-
ceived a pledge of confidentiality from the Founda-
tion, can be specifically identified;
‘‘(2) permit anyone other than individuals au-
thorized by the Foundation to examine in identifi-
able form data relating to an individual, to an indus-
trial or commercial organization, or to an edu-
cational or academic institution that has received a
pledge of confidentiality from the Foundation; or
‘‘(3) knowingly and willfully request or obtain
any confidential information described in subsection
(i) from the Foundation under false pretenses.
Any person who violates these restrictions shall be fined
not more than $10,000, or imprisoned not more than five
years, or both.’’.
(f) DISCLOSURE PENALTIES.—Section 1905 of title
18, United States Code, is amended by inserting ‘‘, or
agent of a Statistical Data Center as defined in the Statis-
tical Efficiency Act of 1999’’ after ‘‘thereof’’ in the first
two places such term appears.
(g) 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 de-
scription of any additional conforming changes in law nec-
essary to carry out the provisions of this Act.
Passed the House of Representatives October 26,
1999.
Attest:
Clerk.