[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2885 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 2885
To provide uniform safeguards for the confidentiality of information
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 1999
Mr. Horn (for himself, Mr. Waxman, Mr. Walden of Oregon, Mr. Turner,
Mrs. Biggert, and Mr. Davis of Virginia) introduced the following bill;
which was referred to the Committee on Government Reform
_______________________________________________________________________
A BILL
To provide uniform safeguards for the confidentiality of information
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Statistical Efficiency Act of
1999''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``agency'' means any entity that falls within
the definition of the term ``executive agency'' as defined in
section 102 of title 31, United States Code, or ``agency'', as
defined in section 3502 of title 44, United States Code.
(2) The term ``agent'' means a person who--
(A) is designated by a Statistical Data Center (as
designated in section 3) to perform exclusively
statistical activities authorized by law under the
supervision or control of an officer or employee of
that Statistical Data Center; and
(B) has agreed in writing to comply with all
provisions of law that affect information acquired by
that Statistical Data Center.
(3) The term ``identifiable form'' means any representation
of information that permits information concerning individual
subjects to be reasonably 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 who, or
organization that, is requested or required to supply
information to an agency, is the subject of information
requested or required to be supplied to an agency, or who
provides that information to an 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 the whole, or relevant
groups or components within, the economy, society, or
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 individuals or organizations 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. 3. DESIGNATION OF STATISTICAL DATA CENTERS.
(a) In General.--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.
(b) Designation.--In the case of a reorganization that eliminates,
or substantially alters the mission or functions of, an agency or
agency component listed in subsection (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 Statistical Data Center under
the terms of this Act, 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 sharing 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 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 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.
(d) Prohibition Against Increase in Number of Centers.--No action
taken under this section shall increase 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 duplication and
otherwise reduce reporting burden and cost imposed on the
public by sharing 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. 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 Information.--(1) Data or
information acquired for exclusively statistical purposes shall not be
disclosed in identifiable form without the informed consent of the
respondent.
(2) Data or information acquired for exclusively statistical
purposes shall not be disclosed 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. 6. 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 are 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 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.--Whenever a written agreement authorized under
subsection (b)(4) concerns data that respondents were required by law
to report and the agreement contains terms that could not reasonably
have been anticipated 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 Office of Management and
Budget, the terms of such agreement 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 modifications responsive to public comments.
(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
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 obtained 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 information 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 pursuant to
section 6(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 Act in the annual report to the Congress on
statistical programs submitted in accordance with section 3502(e)(2) of
title 44, United States Code.
(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 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 providing 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 provide such other guidance as may be
needed to ensure consistent 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 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) Exemption From Freedom of Information Act.--Data or information
acquired for exclusively statistical 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 confidentiality of data collected by
the States.
SEC. 10. CONFORMING AMENDMENTS; 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:
``Sec. 402. Exchange of census information with Statistical 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 subsection (l) the following new subsection:
``(m)(1)(A) The Administrator shall designate an organizational
unit to conduct statistical activities pertaining to energy end use
consumption information. Using procedures authorized by the Statistical
Efficiency Act of 1999, the Administrator shall ensure the security,
integrity, and confidentiality of the information that has been
submitted in identifiable form and supplied exclusively for statistical
purposes either directly to the Energy Information 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 published, 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 identification 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 (2)(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 entity.
``(ii) The terms `statistical activities', `identifiable
form', `statistical purpose', `nonstatistical purpose', 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 Organization 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 Organization Act (42
U.S.C. 7177(a)) is amended by inserting ``, excluding information
designated solely for statistical purposes under subsection (m)(1),''
after ``information''.
(4) The Federal Energy Administration Act of 1974 (Public Law 93-
275) is amended--
(A) in section 12 (15 U.S.C. 771), by adding after
subsection (f) the following new subsection:
``(g) This section does not apply to information designated solely
for statistical purposes under section 205(m)(1) of the Department of
Energy Organization Act (Public Law 95-91).'';
(B) in section 20(a)(3) (15 U.S.C. 779(a)(3)), by inserting
``, excluding information designated solely for statistical
purposes under subsection (m)(1) of the Department of Energy
Organization Act (42 U.S.C. 7135)'' after ``information''; and
(C) in the first sentence of section 59 (15 U.S.C. 790h),
by inserting ``, excluding information designated solely for
statistical purposes under subsection (m)(1) of the Department
of Energy Organization Act (42 U.S.C 7135)'' after
``information''.
(c) Department of Health and Human Services.--Section 306 of the
Public Health Service Act (42 U.S.C. 242k) is amended by adding at the
end the following new subsection:
``(o) Sharing of Identifying Information for Statistical
Purposes.--
``(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, official,
or agent of the Center; and
``(B) who enters into a written agreement with the
Director specifying terms and conditions 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 obtained by the individual under the
agreement specified in paragraph (1)(B), and to all civil and
criminal penalties applicable to violations of such
restrictions, including penalties under section 1905 of title
18, United States Code, that would apply to the individual if
an employee of the Center.''.
(d) Department of Labor.--Chapter 1 of title 29, United States
Code, is amended by inserting after section 2b the following:
``Sec. 2c. Designation of Bureau of Labor Statistics Agents
``The Commissioner of Labor Statistics is authorized to designate
agents, as defined in section 2 of the Statistical Efficiency Act of
1999.''.
(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 follows:
``(i) Information supplied to the Foundation or its contractor in
survey forms, questionnaires, or similar instruments for purposes of
section 3(a)(5) or (6) by an individual, 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 information 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 supplying such information may not be disclosed to the
public.'';
(2) by redesignating subsection (j) as subsection (k); and
(3) 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 discretion, authorized persons,
including employees of Federal, 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 individual, an
industrial or commercial organization, or an educational or
academic institution that has received a pledge of
confidentiality from the Foundation, can be specifically
identified;
``(2) permit anyone other than individuals authorized by
the Foundation to examine in identifiable form data relating to
an individual, to an industrial or commercial organization, or
to an educational 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--
(1) by inserting ``, or agent of a Statistical Data Center
as defined in the Statistical Efficiency Act of 1999,'' after
``thereof''; and
(2) by striking ``shall be fined not more than $1,000'' and
inserting ``shall be fined under this title''.
(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 description of any additional conforming changes
in law necessary to carry out the provisions of this Act.
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