[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4620 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4620

 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 HOUSE OF REPRESENTATIVES

                           September 24, 1998

   Mr. Horn introduced the following bill; which was referred to the 
 Committee on Government Reform and Oversight, and in addition to the 
 Committees on Education and the Workforce, and Rules, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Statistical 
Consolidation Act of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
           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. Fast-track procedures for statistical reorganization bill.
Sec. 108. Authorization of appropriations.
TITLE II--EFFICIENCY AND CONFIDENTIALITY OF FEDERAL STATISTICAL SYSTEMS

Sec. 201. Definitions.
Sec. 202. Designation of Statistical Data Centers.
Sec. 203. Statistical Data Center responsibilities.
Sec. 204. Limitations on use and disclosure of data and information by 
                            Statistical Data Centers.
Sec. 205. Disclosure of data or information by Federal agencies to 
                            Statistical Data Centers.
Sec. 206. Statistical Data Center successors.
Sec. 207. Coordination and oversight by Office of Management and 
                            Budget.
Sec. 208. Effect on other laws.
Sec. 209. Disclosure penalties.
Sec. 210. Proposed changes in law.

           TITLE I--FEDERAL COMMISSION ON STATISTICAL POLICY

SEC. 101. ESTABLISHMENT.

    (a) Establishment.--There is hereby established a commission to be 
known as the ``Federal Commission on Statistical Policy'' (in this 
title referred to as the ``Commission'').
    (b) Composition of Commission.--The Commission shall be composed of 
eight members as follows:
            (1) One member appointed by the President who--
                    (A) is an officer of Cabinet rank; and
                    (B) shall serve as the Chairman of the Commission 
                for a term of four years.
            (2) One member appointed by the President who--
                    (A) shall possess the qualifications referred to in 
                subsection (c); and
                    (B) shall be appointed for a term of four years, 
                except that the member first appointed shall be 
                appointed for a term of two years.
            (3) Three members appointed by the Speaker of the House of 
        Representatives, in consultation with the majority leader and 
        minority leader of the House of Representatives--
                    (A) who shall possess the qualifications referred 
                to in subsection (c);
                    (B) not more than two of whom may be of the same 
                political party; and
                    (C) who shall be appointed for a term of four 
                years, except that, of the members first appointed, two 
                shall be appointed for a term of two years.
            (4) Three members appointed by the President pro tempore of 
        the Senate, in consultation with the majority leader and 
        minority leader of the Senate--
                    (A) who shall possess the qualifications referred 
                to in subsection (c);
                    (B) not more than two of whom may be of the same 
                political party; and
                    (C) who shall be appointed for a term of four 
                years, except that, of the members first appointed, two 
                shall be appointed for a term of two years.
    (c) Qualifications of Commission Members.--(1) Members appointed to 
the Commission shall possess two or more of the following 
qualifications:
            (A) Extensive experience relating to the Bureau of the 
        Census, the Bureau of Economic Analysis, or the Bureau of Labor 
        Statistics.
            (B) Extensive experience managing large complex 
        organizations or reorganizing large complex organizations.
            (C) Extensive experience with the sources, analysis, and 
        uses of statistical information.
    (2) A Commission member shall not be an officer or employee of the 
United States, except as provided in subsection (b)(1).
    (d) Consultation Before Appointments.--In making appointments under 
subsection (b), the President, the Speaker of the House of 
Representatives, and the President pro tempore of the Senate shall 
consult with appropriate professional organizations, including the 
American Economic Association, the American Statistical Association, 
the National Academy of Sciences, the National Academy of Public 
Administration, the American Public Health Association, the American 
Sociological Association, the American Political Science Association, 
the National Governors Association, the United States Conference of 
Mayors, and the Conference Board.
    (e) Deadline for Appointment.--Members shall be appointed to the 
Commission not later than four months after the date of the enactment 
of this Act.

SEC. 102. DUTIES OF COMMISSION.

    (a) Study and Report.--The Commission shall study and, not later 
than 18 months after the date of the enactment of this Act, submit to 
Congress a written report on the Federal statistical system including--
            (1) recommendations on whether and how the Federal 
        statistical system could be reorganized by consolidating the 
        statistical functions of agencies that carry out statistical 
        programs;
            (2) recommendations on whether and how to consolidate the 
        Bureau of Labor Statistics, the Bureau of the Census, and the 
        Bureau of Economic Analysis by October 1, 2001 (or by a date 
        after that date), in a Federal Statistical Service;
            (3) recommendations on how the consolidation described in 
        paragraph (2) may be achieved without disruption in the release 
        of statistical products;
            (4) recommendations on whether the functions of other 
        agencies that carry out statistical programs should be 
        transferred to a Federal Statistical Service;
            (5) recommendations on whether the functions of the Bureau 
        of the Census relating to decennial censuses of population 
        should be delineated from the other functions of the Bureau 
        and, if so, recommendations on how such a delineation of 
        functions might be achieved;
            (6) any other recommendations regarding how the Federal 
        statistical system could be reorganized to achieve greater 
        efficiency, improve quality, timeliness, and adaptability to 
        change; and
            (7) recommendations on possible improvements to procedures 
        for the release of major economic and social indicators by the 
        United States.
    (b) Statistical Reorganization Bill.--(1) If the written report 
submitted to Congress under subsection (a) contains recommendations on 
the consolidation of the Bureau of Labor Statistics, the Bureau of the 
Census, and the Bureau of Economic Analysis in a Federal Statistical 
Service, the report shall contain draft legislation incorporating such 
recommendations pursuant to subsection (a)(2).
    (2) Draft legislation shall be circulated for comment to the 
President, the Senate, and the House of Representatives for a period of 
30 days.
    (3) Draft legislation submitted to Congress under this subsection 
shall be limited to implementation of recommendations for the 
consolidation or reorganization of--
            (A) the Bureau of Labor Statistics, the Bureau of Economic 
        Analysis, and the Bureau of the Census; or
            (B) the Bureau of Labor Statistics, the Bureau of Economic 
        Analysis, the Bureau of the Census, and other agencies or the 
        functions of other agencies that carry out statistical 
        programs.
    (4) Draft legislation submitted to Congress under this subsection 
that would establish a Federal Statistical Service shall--
            (A) provide for an Administrator and Deputy Administrator 
        of the Federal Statistical Service, and the creation of other 
        officers as appropriate;
            (B) contain a provision designating that the Administrator 
        and Deputy Administrator shall be appointed by the President 
        with the advice and consent of the Senate for nonconcurrent 
        terms to be determined by the Commission;
            (C) contain a provision designating the Administrator as a 
        member of the Interagency Council on Statistical Policy 
        established under section 3504(e)(8) of title 44, United States 
        Code; and
            (D) be based on long-term policy, organizational, and 
        statistical issues for the improvement of statistical quality, 
        timeliness, cost, and appropriateness.
    (c) Termination of Commission.--If legislation establishing a 
Federal Statistical Service is not enacted by the Congress on or before 
the date that is 18 months after the date that the Commission submits 
its report to the Congress under subsection (a), the Commission shall 
be terminated.
    (d) Continuing Functions of Commission.--If legislation 
establishing a Federal Statistical Service is enacted by the Congress 
pursuant to the fast-track procedures in section 107, then the 
Commission shall--
            (1) make recommendations for nominations for the 
        appointment of an Administrator and Deputy Administrator, and 
        make recommendations with respect to the creation of, and 
        nominations for, other positions in the Federal Statistical 
        Service;
            (2) serve as an advisory body to the Federal Statistical 
        Service on confidentiality issues relating to--
                    (A) the collection by, or sharing of data for 
                statistical purposes among, Federal agencies; and
                    (B) the sharing of data for statistical purposes 
                among States, local governments, and the Federal 
                Government; and
            (3) conduct comprehensive studies and submit reports to 
        Congress on all matters relating to the Federal statistical 
        infrastructure, including longitudinal surveys conducted by 
        private agencies and partially funded by the Federal Government 
        for the purpose of identifying opportunities to improve the 
        quality of statistics in the United States. Such studies shall 
        include--
                    (A) periodic evaluations and recommendations on the 
                implementation of organizational consolidation and data 
                sharing in accordance with this Act;
                    (B) a review and evaluation of the collection of 
                data for purposes of administering such programs as 
                Old-Age, Survivors and Disability Insurance and 
                Unemployment Insurance under the Social Security Act;
                    (C) a review and evaluation of the mission and 
                organization of various statistical agencies, 
                including--
                            (i) recommendations with respect to 
                        statistical activities that should be expanded 
                        or eliminated;
                            (ii) the order of priority such activities 
                        should be carried out; and
                            (iii) recommendations on whether and how 
                        other Federal statistical agencies or the 
                        functions of other agencies that carry out 
                        statistical programs should be transferred to a 
                        Federal Statistical Service;
                    (D) an examination of the methodology involved in 
                producing official data and recommendations for 
                technical changes to improve statistics;
                    (E) a review of interagency coordination of 
                statistical data and recommendations of methods to 
                standardize collection procedures and surveys, as 
                appropriate, and presentation of data throughout the 
                Federal system;
                    (F) a review of information technology and 
                recommendations of appropriate methods for 
                disseminating statistical data, with special emphasis 
                on resources such as the Internet that allow the public 
                to obtain information in a timely and cost-effective 
                manner;
                    (G) an identification and examination of issues 
                regarding individual privacy in the context of 
                statistical data;
                    (H) a comparison of the United States statistical 
                system to statistical systems of other nations for the 
                purposes of identifying best practices and developing a 
                system of maintaining best practices over time;
                    (I) a consideration of the coordination of 
                statistical data with other nations and international 
                agencies, such as the Organization for Economic 
                Cooperation and Development;
                    (J) a recommendation of a strategy for maintaining 
                a modern and efficient Federal statistical 
                infrastructure to produce meaningful information as the 
                needs of the United States society and economy change; 
                and
                    (K) recommendations regarding the use of 
                statistical data in Federal funding formulas, the 
                presentation to the public of statistical data 
                collected by Federal agencies, and standards of 
                accuracy for statistical data used by Federal agencies, 
                including statistical data relating to--
                            (i) the national poverty level and county 
                        poverty levels in the United States;
                            (ii) the Consumer Price Index;
                            (iii) the gross domestic product;
                            (iv) other indicators of economic activity, 
                        including rural and urban economic activity, in 
                        the United States; and
                            (v) the decennial census.
    (e) Establishment of Advisory Committee.--If legislation 
establishing a Federal Statistical Service is enacted by the Congress 
under the provisions of this Act, then four years after such 
establishment, the Commission shall become an advisory committee in 
accordance with the Federal Advisory Committee Act (5 U.S.C. App.).
    (f) Definition of Federal Statistical Service.--As used in this 
section, the term ``Federal Statistical Service'' means an entity 
established after the date of the enactment of this Act as an 
independent agency in the executive branch, the purpose of which is to 
carry out Federal statistical programs and to which the statistical 
functions of the Bureau of Economic Analysis, the Bureau of the Census, 
or the Bureau of Labor Statistics are transferred.

SEC. 103. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate.
    (b) Obtaining Information.--The Commission may secure directly from 
any department or agency of the United States information necessary to 
enable it to carry out this Act. Upon request of the Chairman of the 
Commission, the head of that department or agency shall furnish that 
information to the Commission.
    (c) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons without regard to 
section 3709 of the Revised Statutes (41 U.S.C. 5).

SEC. 104. COMMISSION PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of the 
Chairman or a majority of its members.
    (b) Quorum.--A simple majority of the members of the Commission 
shall constitute a quorum but a lesser number may hold hearings.
    (c) Rules.--The Commission shall, not later than 30 days after the 
first official meeting of the Commission, adopt procedural rules for 
the Commission.
    (d) Delegation of Authority.--Any member or agent of the Commission 
may, if authorized by the Commission, take any action which the 
Commission is authorized to take by this Act.

SEC. 105. PERSONNEL MATTERS.

    (a) Pay of Members.--Except for the member appointed under section 
101(b)(1), members of the Commission shall be entitled to receive the 
daily equivalent of the rate of basic pay for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, for each 
day (including travel time) during which they are engaged in the actual 
performance of duties vested in the Commission.
    (b) Travel Expenses.--Each member of the Commission shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with sections 5702 and 5703 of title 5, United States Code.
    (c) Staff.--The Commission may appoint and fix the pay of personnel 
as it considers appropriate.
    (d) Applicability of Certain Civil Service Laws.--Staff of the 
Commission may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and may be paid without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates, except that an 
individual so appointed may not receive pay in excess of the highest 
basic rate of pay established for the Senior Executive Service under 
section 5382 of such title.

SEC. 106. OTHER ADMINISTRATIVE PROVISIONS.

    (a) Postal and Printing Services.--The Commission may use the 
United States mails and obtain printing and binding services in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (b) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (c) Experts and Consultants.--(1) The Commission may procure 
temporary and intermittent services under section 3109(b) of title 5, 
United States Code.
    (2) The Commission shall contract with the National Academy of 
Sciences and the National Academy of Public Administration for mutually 
agreeable expert and consultative services.

SEC. 107. FAST-TRACK PROCEDURES FOR STATISTICAL REORGANIZATION BILL.

    (a) Rules of House of Representatives and Senate.--This section is 
enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such it 
        shall be considered as part of the rules of each House, 
        respectively, or of that House to which it specifically 
        applies, and shall supersede other rules only to the extent 
        that they are inconsistent with this section; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to such 
        House) at any time, in the same manner and to the same extent 
as in the case of any other rule of that House.
    (b) Definition.--As used in this section, the term ``statistical 
reorganization bill'' means only a bill of either House of Congress--
            (1) that is substantially identical to the legislation 
        submitted to Congress by the Commission under section 102(b); 
        and
            (2) that is introduced as provided in subsection (c).
    (c) Introduction and Referral.--Within 15 legislative days after 
the Commission submits to Congress legislation under section 102(b), 
such legislation that is substantially identical to the legislation 
shall be introduced (by request) in the House by the majority leader of 
the House of Representatives and shall be introduced (by request) in 
the Senate by the majority leader of the Senate. Such bills shall be 
referred to the appropriate committee in each House of Congress.
    (d) Amendments Prohibited.--No amendment to this statistical 
reorganization bill shall be in order in either the House of 
Representatives or the Senate, and no motion to suspend the application 
of this subsection shall be in order in either House, nor shall it be 
in order in either House to entertain a request to suspend the 
application of this subsection by unanimous consent.
    (e) Period for Committee and Floor Consideration.--
            (1) If the committee of either House to which a statistical 
        reorganization bill has been referred has not reported it at 
        the close of the 20th day after its introduction, such 
        committee shall be automatically discharged from further 
        consideration of the bill and it shall be placed on the 
        appropriate calendar. If prior to the passage by one House of a 
        statistical reorganization bill of that House, that House 
        receives the same statistical reorganization bill from the 
        other House, then--
                    (A) the procedure in that House shall be the same 
                as if no statistical reorganization bill had been 
                received from the other House; but
                    (B) the vote on final passage shall be on the 
                statistical reorganization bill of the other House.
            (2) A vote on final passage of a statistical reorganization 
        bill shall be taken in each House on or before the close of the 
        15th day after the bill is reported by the committee or 
        committees of that House to which the bill was referred, or the 
        15th day after such committee or committees have been 
        discharged from further consideration of the bill.
            (3) For purposes of this subsection, in computing a number 
        of days in either House, there shall be excluded the days on 
        which that House is not in session because of an adjournment of 
        more than 3 days to a day certain or an adjournment of the 
        Congress sine die.
    (f) Floor Consideration in the House.--
            (1) A motion in the House of Representatives to proceed to 
        the consideration of a statistical reorganization bill shall be 
        highly privileged except that a motion to proceed to consider 
        may only be made on the second legislative day after the 
        calendar day on which the Member making the motion announces to 
        the House his intention to do so. The motion to proceed to 
        consider is not debatable. An amendment to the motion shall not 
        be in order, nor shall it be in order to move to reconsider the 
        vote by which the motion is agreed to or disagreed to.
            (2) Debate on a statistical reorganization bill in the 
        House of Representatives shall be limited to not more than 4 
        hours, which shall be divided equally between those favoring 
        and those opposing the bill. The previous question on the 
        statistical reorganization bill shall be considered as ordered 
        to final passage without intervening motion. It shall not be in 
        order to move to recommit a statistical reorganization bill or 
        to reconsider the vote by which a statistical reorganization 
        bill is agreed to or disagreed to.
            (3) All appeals from the decisions of the Chair relating to 
        the application of the Rules of the House of Representatives to 
        the procedure relating to a statistical reorganization bill 
        shall be decided without debate.
    (g) Floor Consideration in the Senate.--
            (1) A motion in the Senate to proceed to the consideration 
        of a statistical reorganization bill shall be privileged and 
        not debatable. An amendment to the motion shall not be in 
        order, nor shall it be in order to move to reconsider the vote 
        by which the motion is agreed to or disagreed to.
            (2) Debate in the Senate on a statistical reorganization 
        bill, and all debatable motions and appeals in connection 
        therewith, shall be limited to not more than 10 hours. The time 
        shall be equally divided between, and controlled by, the 
        majority leader and the minority leader or their designees.
            (3) Debate in the Senate on any debatable motion or appeal 
        in connection with a statistical reorganization bill shall be 
        limited to not more than 1 hour, to be equally divided between, 
        and controlled by, the mover and the manager of the bill, 
        except that in the event the manager of the bill is in favor of 
        any such motion or appeal, the time in opposition thereto shall 
        be controlled by the minority leader or his designee. Such 
        leaders, or either of them, may, from time under their control 
        on the passage of a statistical reorganization bill, allot 
        additional time to any Senator during the consideration of any 
        debatable motion or appeal.
            (4) A motion in the Senate to further limit debate is not 
        debatable. A motion to recommit a statistical reorganization 
        bill is not in order.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Commission such sums 
as may be necessary to carry out the functions of the Commission.

TITLE II--EFFICIENCY AND CONFIDENTIALITY OF FEDERAL STATISTICAL SYSTEMS

SEC. 201. DEFINITIONS.

    As used in this title:
            (1) The term ``agency'' means any Federal organization that 
        falls within the definition of ``executive agency'' in section 
        102 of title 31, United States Code, or within the definition 
        of ``agency'' in section 3502 of title 44, United States Code.
            (2) The term ``agent'' means a person designated by a 
        Statistical Data Center (as designated in section 202) to 
        perform, either in the capacity of a Federal employee or 
        otherwise, exclusively statistical activities authorized by law 
        under the supervision or control of an officer or employee of 
        that Statistical Data Center, and who has agreed in writing to 
        comply with all provisions of law that affect information 
        acquired by that Statistical Data Center.
            (3) The term ``individually identifiable information'' or 
        any information in an ``identifiable form'' means any 
        representation of information that permits information 
        concerning an individual respondent to be inferred by either 
        direct or indirect means.
            (4) The term ``nonstatistical purpose'' means any purpose 
        that is not a statistical purpose, and includes any 
        administrative, regulatory, law enforcement, adjudicatory, or 
        other purpose that affects the rights, privileges, or benefits 
        of a particular identifiable respondent.
            (5) The term ``respondent'' means a person, corporation, or 
        organization which is requested or required to supply 
        information to a statistical agency, who is the subject of 
        information requested or required to be supplied to a 
        statistical agency, or who provides that information to a 
        statistical agency.
            (6) The term ``statistical activities''--
                    (A) means the collection, compilation, processing, 
                or analysis of data for the purpose of describing or 
                making estimates concerning groups of respondents the 
                whole of, or subgroups within, the economy, society, or 
                the natural environment; and
                    (B) includes the development of methods or 
                resources that support those activities, such as 
                measurement methods, models, statistical 
                classifications, or sampling frames.
            (7) The term ``statistical purpose''--
                    (A) means the description, estimation, or analysis 
                of the characteristics of groups without regard to the 
                identities of respondents that comprise such groups; 
                and
                    (B) includes the development, implementation, or 
                maintenance of methods, technical or administrative 
                procedures, or information resources that support such 
                purposes.

SEC. 202. DESIGNATION OF STATISTICAL DATA CENTERS.

    Each of the following is hereby designated as a Statistical Data 
Center:
            (1) The Bureau of Economic Analysis in the Department of 
        Commerce.
            (2) The Bureau of the Census in the Department of Commerce.
            (3) The Bureau of Labor Statistics in the Department of 
        Labor.
            (4) The National Agricultural Statistics Service in the 
        Department of Agriculture.
            (5) The National Center for Education Statistics 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 Statistics Division 
        of the Energy Information Administration 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 duplication and 
        otherwise reduce reporting burden and cost imposed on the 
        public by the exchange of information for exclusively 
        statistical purposes;
            (2) enter into joint statistical projects to improve the 
        quality and reduce the cost of statistical programs;
            (3) safeguard the confidentiality of individually 
        identifiable information acquired for statistical purposes by 
        assuring its physical security and by controlling access to, 
        and uses made of, such information; and
            (4) respect the rights and privileges of the public 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 statistical purposes.
    (b) Disclosure of Statistical Data or Information.--A Statistical 
Data Center may not disclose data or information acquired for 
exclusively statistical purposes 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 informed, before 
the data or information is collected, that the data or information will 
be used for nonstatistical purposes.

SEC. 205. DISCLOSURE OF DATA OR INFORMATION BY AGENCIES TO STATISTICAL 
              DATA CENTERS.

    (a) Agencies That May Disclose Data or Information 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 information may be 
disclosed by an agency to one or more Statistical Data Centers under 
subsection (a) only if--
            (1) the data or information is to be used exclusively 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 Executive order that explicitly 
        limit the statistical purposes 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 information 
                are to be used; and
                    (C) appropriate security procedures to safeguard 
                the confidentiality of the data or information; 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 and Comment.--The public notice and comment procedures 
for data collections described in section 3506(c)(2) of title 44, 
United States Code, and the provisions relating to review of data 
collections by the Director 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 written agreement shall extend to 
all issues relating to the requirements of this section.
    (d) Applicability of Other Laws.--(1) The disclosure 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 (including the Freedom of Information Act and the 
Privacy Act) with respect to the disclosure or withholding of such 
information by that agency.
    (2) If data or information obtained by an agency is disclosed to a 
Statistical Data Center 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 
Statistical Data Center to which 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 obtained the information.
    (3) The officers, employees, and agents of the Statistical Data 
Center to which the information is disclosed, in addition, shall be 
subject to the same provisions of law, including penalties, relating to 
the unlawful disclosure of information that would apply to officers and 
employees of that Statistical Data Center, if the information had been 
collected directly by that Statistical Data Center.

SEC. 206. STATISTICAL DATA CENTER SUCCESSORS.

    (a) Designation.--In the case of a reorganization that eliminates, 
or substantially alters the mission or functions of, an agency listed 
in section 202, 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 unit that shall serve as a 
successor Statistical Data Center under the terms of this title, if the 
Director determines that--
            (1) the primary activities of the proposed Statistical Data 
        Center are statistical activities specifically authorized by 
        law;
            (2) the proposed Statistical Data Center would participate 
        in data exchange activities that significantly improve Federal 
        statistical programs or products;
            (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 Statistical 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 Director of the Office of Management and Budget, 
provide public notice and an opportunity to comment on the consequences 
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 increase 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 Director 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 pursuant to 
        section 205(b)(4);
            (B) the results of any review of information security 
        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 programs.

SEC. 208. EFFECT ON OTHER LAWS.

    (a) 44 U.S.C. 3510.--This title, including the amendments made 
herein, does not diminish the authority 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) 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 confidentiality 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.
                                 <all>