[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 205 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 205

 To establish a Federal Commission on Statistical Policy to study the 
 reorganization of the Federal statistical system, to provide uniform 
    safeguards for the confidentiality of information acquired for 
  exclusively statistical purposes, and to improve the efficiency of 
 Federal statistical programs and the quality of Federal statistics by 
  permitting limited sharing of records among designated agencies for 
             statistical purposes under strong safeguards.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

  Mr. Moynihan (for himself and Mr. Kerrey) introduced the following 
      bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish a Federal Commission on Statistical Policy to study the 
 reorganization of the Federal statistical system, to provide uniform 
    safeguards for the confidentiality of information acquired for 
  exclusively statistical purposes, and to improve the efficiency of 
 Federal statistical programs and the quality of Federal statistics by 
  permitting limited sharing of records among designated agencies for 
             statistical purposes under strong safeguards.

    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 ``Federal Commission 
on Statistical Policy Act of 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of the Congress.
           TITLE I--FEDERAL COMMISSION ON STATISTICAL POLICY

Sec. 101. Establishment.
Sec. 102. Duties of Commission.
Sec. 103. Powers.
Sec. 104. Commission procedures.
Sec. 105. Personnel matters.
Sec. 106. Other administrative provisions.
Sec. 107. Termination.
Sec. 108. Fast-track procedures for statistical reorganization bill.
TITLE II--EFFICIENCY AND CONFIDENTIALITY OF FEDERAL STATISTICAL SYSTEMS

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Definitions.
Sec. 204. Statistical Data Centers.
Sec. 205. Statistical Data Center responsibilities.
Sec. 206. Confidentiality of information.
Sec. 207. Coordination and oversight.
Sec. 208. Implementing regulations.
Sec. 209. Conforming amendments and proposed changes in law.
Sec. 210. Effect on other laws.

SEC. 2. FINDINGS.

    The Congress, recognizing the importance of statistical information 
in the development of national priorities and policies and in the 
administration of public programs, finds the following:
            (1) While the demand for statistical information has grown 
        substantially during the last 30 years, the difficulty of 
        coordinating planning within the decentralized Federal 
        statistical system has limited the usefulness of statistics in 
        defining problems and determining national policies to deal 
        with complex social and economic issues.
            (2) Coordination and planning among the statistical 
        programs of the Government are necessary to strengthen and 
        improve the quality and utility of Federal statistics and to 
        reduce duplication and waste in information collected for 
        statistical purposes.
            (3) High-quality Federal statistical products and programs 
        are essential for sound business and public policy decisions.
            (4) The challenge of providing high-quality statistics has 
        increased because our economy and society are more complex, new 
        technologies are available, and decisionmakers need more 
        complete and accurate data.
            (5) Maintaining quality of Federal statistical products 
        requires full cooperation between Federal statistical agencies 
        and those persons and organizations that respond to their 
        requests for information.
            (6) Federal statistical products and programs can be 
        improved, without reducing respondent cooperation, by 
        permitting carefully controlled sharing of data with 
        statistical agencies in a manner that is consistent with 
        confidentiality commitments made to respondents.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) a more centralized statistical system is integral to 
        efficiency;
            (2) with increased efficiency comes better integration of 
        research methodology, survey design, and economies of scale;
            (3) the Chief Statistician must have the authority, 
        personnel, and other resources necessary to carry out the 
        duties of that office effectively, including duties relating to 
        statistical forms clearance; and
            (4) statistical forms clearance at the Office of Management 
        and Budget should be better distinguished from regulatory forms 
        clearance.

           TITLE I--FEDERAL COMMISSION ON STATISTICAL POLICY

SEC. 101. ESTABLISHMENT.

    (a) Establishment.--There is established a commission to be known 
as the ``Federal Commission on Statistical Policy'' (in this title 
referred to as the ``Commission'').
    (b) Composition.--The Commission shall be composed of 16 members as 
follows:
            (1) Appointments by president.--Eight members appointed by 
        the President from among individuals who--
                    (A) are not officers or employees of the United 
                States; and
                    (B)(i) are qualified to serve on the Commission by 
                virtue of experience relating to statistical agencies 
                of the Federal Government; or
                    (ii) have expertise relating to organizational 
                reorganization, State sources and uses of statistical 
                information, statistical analysis, or management of 
                complex organizations.
            (2) Appointments from the house of representatives.--Four 
        members appointed by the Speaker of the House of 
        Representatives, in consultation with the majority leader and 
        minority leader of the House of Representatives, from among 
        individuals who--
                    (A) are not officers or employees of the United 
                States; and
                    (B)(i) are qualified to serve on the Commission by 
                virtue of experience relating to statistical agencies 
                of the Federal Government; or
                    (ii) are also qualified to serve on the Commission 
                by virtue of expertise relating to 
organizational reorganization, State sources and uses of statistical 
information, statistical analysis, or management of complex 
organizations.
            (3) Appointments from the senate.--Four members appointed 
        by the President pro tempore of the Senate, in consultation 
        with the majority leader and minority leader of the Senate, 
        from among individuals who--
                    (A) are not officers or employees of the United 
                States; and
                    (B)(i) are qualified to serve on the Commission by 
                virtue of experience relating to statistical agencies 
                of the Federal Government; or
                    (ii) are also qualified to serve on the Commission 
                by virtue of expertise relating to organizational 
                reorganization, State sources and uses of statistical 
                information, statistical analysis, or management of 
                complex organizations.
    (c) Deadline for Appointment.--Members shall be appointed to the 
Commission not later than 4 months after the date of the enactment of 
this Act.
    (d) Political Affiliation.--
            (1) Appointments by president.--Of the members of the 
        Commission appointed under subsection (b)(1), not more than 4 
        may be of the same political party.
            (2) Appointments by speaker of the house of 
        representatives.--Of the members of the Commission appointed 
        under subsection (b)(2), not more than 2 may be of the same 
        political party.
            (3) Appointments by president pro tempore.--Of the members 
        of the Commission appointed under subsection (b)(3), not more 
        than 2 may be of the same political party.
    (e) Chairman.--The Commission shall select a Chairman from among 
the members of the Commission by a majority vote of all members.
    (f) Consultation Before Appointments.--In making appointments under 
subsection (b), the President, the Speaker of the House of 
Representatives, the minority leader of the House of Representatives, 
the President pro tempore of the Senate, and the minority leader of the 
Senate shall consult with appropriate professional organizations, 
including State and local governments.
    (g) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.

SEC. 102. DUTIES OF COMMISSION.

    (a) Study and Report.--Not later than 18 months after the date of 
enactment of this Act, the Commission shall study and submit to 
Congress and the President a written report and draft legislation as 
necessary and appropriate on the Federal statistical system including--
            (1) recommendations on whether the Federal statistical 
        system could be reorganized by consolidating the statistical 
        functions of agencies that carry out statistical programs;
            (2) recommendations on how the consolidation described in 
        paragraph (1) may be achieved without disruption in the release 
        of statistical products;
            (3) any other recommendations regarding how the Federal 
        statistical system could be reorganized to achieve greater 
        efficiency, improve quality, timeliness, and adaptability to 
        change in carrying out Federal statistical programs;
            (4) recommendations on possible improvements to procedures 
        for the release of major economic and social indicators by the 
        United States; and
            (5) recommendations to ensure requirements that State data 
        and information shall be maintained in a confidential, 
        consistent, and comparable manner.
    (b) Presidential Review.--
            (1) In general.--
                    (A) Time period for review.--Not later than 15 days 
                after the receipt of the report (including any draft 
                legislation) under subsection (a), the President shall 
                approve or disapprove of the report.
                    (B) Approval or inaction.--If the President 
                approves the report, the Commission shall submit the 
                report to Congress on the day following such approval. 
                If the President does not disapprove the report, the 
                Commission shall submit the report to Congress on the 
                day following the 15-day period described under 
                subparagraph (A).
                    (C) Disapproval.--If the President disapproves the 
                report, the President shall note his specific 
                objections and any suggested changes to the Commission.
                    (D) Final report after disapproval.--The Commission 
                shall consider any objections and suggested changes 
                submitted by the President and may modify the report 
                based on those objections and suggested changes. Not 
                later than 10 days after receipt of the President's 
                disapproval under subparagraph (C), the Commission 
                shall submit the final report (as modified if modified) 
                to Congress.
    (c) Statistical Reorganization Bill.--
            (1) In general.--If the written report submitted to 
        Congress under subsection (a) contains recommendations on the 
        consolidation of the Federal statistical functions of the 
        United States into a Federal Statistical Service, the report 
        shall contain draft legislation incorporating such 
        recommendations under subsection (a)(1).
            (2) Draft legislation.--Draft legislation submitted to 
        Congress under this subsection shall be strictly limited to 
        implementation of recommendations for the consolidation or 
        reorganization of the statistical functions of Federal 
        agencies.
            (3) Provisions in draft legislation.--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; and
                    (B) 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.
    (d) Other Duties of the Commission.--
            (1) In general.--The Commission shall also 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.
            (2) Inclusions.--Studies under this subsection shall 
        include--
                    (A) a review and evaluation of the mission of 
                various statistical agencies and the relevance of such 
                missions to current and future needs;
                    (B) an evaluation of key statistics and measures 
                and recommendations on ways to improve such statistics 
                so that the statistics better serve the intended major 
                purposes;
                    (C) 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;
                    (D) 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;
                    (E) an identification and examination of issues 
                regarding individual privacy in the context of 
                statistical data;
                    (F) a comparison of the United States statistical 
                system to statistical systems of other nations for the 
                purposes of identifying best practices;
                    (G) a consideration of the coordination of 
                statistical data with other nations and international 
                agencies, such as the Organization for Economic 
                Cooperation and Development; and
                    (H) recommendations regarding 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; and
                            (iv) other indicators of economic and 
                        social activity, including marriage and divorce 
                        in the United States.
    (e) 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 Federal statistical agencies 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.--Eight members of the Commission shall constitute a 
quorum but a lesser number may hold hearings.
    (c) 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.
    (d) Voting.--The Commission shall adopt any recommendation by a 
vote of a majority of its members.

SEC. 105. PERSONNEL MATTERS.

    (a) Pay of Members.--Members of the Commission appointed under 
paragraphs (2)(B), (3), or (4) of section 101(b) 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, including an Executive Director.
    (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.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.

SEC. 107. TERMINATION.

    The Commission shall terminate 3 years after the date of enactment 
of this Act.

SEC. 108. EXPEDITED 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 identical to the draft 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 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.
    (d) Period for Committee and Floor Consideration.--
            (1) Discharge.--If the committee of either House to which a 
        statistical reorganization bill has been referred has not 
        reported it at the close of the sixtieth day after its 
        introduction, such committee may be discharged from further 
        consideration of the bill upon a petition supported in writing 
        in the Senate by 10 Members of the Senate and in the House of 
        Representatives by 40 Members of the House of Representatives 
        and it shall be placed on the appropriate calendar.
            (2) Days.--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.
    (e) Floor Consideration in the House.--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.
    (f) Floor Consideration in the Senate.--
            (1) Motion to proceed.--On or after the fifth day after the 
        date on which a statistical reorganization bill or conference 
        report is placed on the Senate calendar, it shall be in order 
        for any Senator to make a motion to proceed to consideration of 
        the bill or conference report. The motion 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) Final passage.--Immediately following the conclusion of 
        the debate on a statistical reorganization bill or conference 
        report, the vote on final passage shall occur.
    (g) Conference.--In the Senate, a motion to elect or to authorize 
the appointment of conferees shall not be debatable.

SEC. 109. 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. SHORT TITLE.

    This title may be cited as the ``Statistical Confidentiality Act''.

SEC. 202. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) High quality Federal statistical products and programs 
        are essential for sound business and public policy decisions.
            (2) The challenge of providing high quality statistics has 
        increased because the Nation's economy and society are more 
        complex, new technologies are available, and decision makers 
        need more complete and accurate data.
            (3) Maintaining quality requires full cooperation between 
        Federal statistical agencies and those persons and 
        organizations that respond to requests for information.
            (4) Federal statistical products and programs can be 
        improved, without reducing respondent cooperation, by 
        permitting carefully controlled sharing of data with 
        statistical agencies in a manner that is consistent with 
confidentiality commitments made to respondents.
    (b) Purposes.--The purposes of this title are the following:
            (1) To provide that individually identifiable information 
        furnished either directly or indirectly to designated 
        statistical agencies for exclusively statistical purposes shall 
        not be disclosed in individually identifiable form by such 
        agencies for any other purpose without the informed consent of 
        the respondent.
            (2) To prohibit the use by such agencies, in individually 
        identifiable form, of any information collected, compiled, or 
        maintained solely for statistical purposes under Federal 
        authority, to make any decision or take any action directly 
        affecting the rights, benefits, and privileges of the person to 
        whom the information pertains, except with the person's 
        consent.
            (3) To reduce the reporting burden, duplication, and 
        expense imposed on the public by permitting interagency 
        exchange, solely for statistical purposes, of individually 
        identifiable information needed for statistical programs, and 
        to establish secure conditions for such exchanges.
            (4) To reduce the cost and improve the accuracy of 
        statistical programs by facilitating cooperative projects 
        between statistical agencies, and to create a secure 
        environment where expertise and data resources that reside in 
        different agencies can be brought together to address the 
        information needs of the public.
            (5) To reduce the risk of unauthorized disclosure of 
        information maintained solely for statistical purposes by 
        designating specific statistical agencies that are authorized 
        to receive otherwise privileged information for such purposes 
        from other agencies, and to prescribe specific conditions and 
        procedures that must be complied with in any such exchange.
            (6) To establish a consistent basis under the requirements 
        of section 552 of title 5, United States Code (popularly known 
        as the ``Freedom of Information Act'') for exempting a defined 
        class of statistical information from compulsory disclosure.
            (7) To ensure that existing avenues for public access to 
        administrative data or information under section 552a of title 
        5, United States Code (popularly known as the ``Privacy Act'') 
        or section 552 of such title (popularly known as the ``Freedom 
        of Information Act'') are retained without change.
            (8) To establish consistent procedural safeguards for 
        records disclosed exclusively for statistical purposes, 
        including both public input and an oversight process to ensure 
        fair information practices.

SEC. 203. DEFINITIONS.

    In this title:
            (1) The term ``agency'' means--
                    (A) any ``executive agency'' as defined under 
                section 102 of title 31, United States Code; or
                    (B) any ``agency'' as defined under section 3502 of 
                title 44, United States Code.
            (2) The term ``agent'' means a person designated by a 
        Statistical Data Center 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 ``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, 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--
                    (A) is requested or required to supply information 
                to an agency;
                    (B) is the subject of information requested or 
                required to be supplied to an agency; or
                    (C) 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 
                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 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. 204. STATISTICAL DATA CENTERS.

    (a) In General.--Each of the following is 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 under 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 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 successor agency or component would participate in 
        data sharing activities that significantly improve Federal 
        statistical programs or products;
            (3) the successor agency or component has demonstrated its 
        capability to protect the individual confidentiality of any 
        shared data; and
            (4) the statutes that apply to the proposed Statistical 
        Data Center are not inconsistent with this title.
    (c) Notice and Comment.--The head of an agency seeking designation 
as a successor 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 title.

SEC. 205. STATISTICAL DATA CENTER RESPONSIBILITIES.

    The Statistical Data Centers 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. 206. CONFIDENTIALITY OF INFORMATION.

    (a) In General.--Data or information acquired by a Statistical Data 
Center for exclusively statistical purposes shall be used only for 
statistical purposes. Such data or information shall not be disclosed 
in identifiable form for any other purpose without the informed consent 
of the respondent.
    (b) Rule Distinguishing Data or Information.--If a Statistical Data 
Center is authorized by any other statute to collect data or 
information for nonstatistical purposes, the head of the Statistical 
Data Center shall clearly distinguish such data or information by rule. 
Such rule shall provide for fully informing the respondents requested 
or required to supply such data or information of such nonstatistical 
uses before collecting such data or information.
    (c) Disclosure.--Data or information may be disclosed by an agency 
to 1 or more Statistical Data Centers, if--
            (1) the disclosure and use are not inconsistent with any 
        provision of law or Executive order that explicitly limit the 
        statistical purposes for which such data or information may be 
        used;
            (2) the disclosure is not prohibited by law or Executive 
        order in the interest of national security;
            (3) the data or information are to be used exclusively for 
        statistical purposes by the Statistical Data Center or Centers; 
        and
            (4) the disclosure is made under the terms of a written 
        agreement between a Statistical Data Center or Centers and the 
        agency supplying information as authorized by this subsection, 
        specifying--
                    (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.
    (d) Agreements.--Data or information supplied to a Statistical Data 
Center under an agreement authorized under subsection (b)(4) shall not 
be disclosed in identifiable form by that Center for any purpose, 
except that data or information collected directly by any party to such 
agreement may be disclosed to any other party to that agreement for 
exclusively statistical purposes specified in that agreement.
    (e) Notice.--Whenever a written agreement authorized under 
subsection (c)(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.
    (f) FOIA and Privacy Act.--The disclosure of data or information by 
an agency under subsection (c) shall in no way alter the responsibility 
of that agency under other statutes, including sections 552 and 552a of 
title 5, United States Code, for the disclosure or withholding of the 
same or similar information retained by that agency.
    (g) Disclosure Provisions of Other Laws.--If information obtained 
by an agency is released to another agency under this section, all 
provisions of law (including penalties) that relate to the unlawful 
disclosure of information apply to the officers, employees, or agents 
of the agency to which information is released 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. The 
officers, employees, and agents of the agency to which the information 
is released, 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. 207. COORDINATION AND OVERSIGHT.

    (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) Report of Disclosure Agreements.--
            (1) Report to the office of management and budget.--The 
        head of a Statistical Data Center shall report to the Office of 
        Management and Budget--
                    (A) each disclosure agreement entered into under 
                this title;
                    (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 supplying data or information to a Statistical 
                Data Center.
            (2) Report to congress.--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 
        the Office's annual report to the Congress on statistical 
        programs.
    (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.

SEC. 208. 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 title.
    (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 title by the 
affected agencies.
    (c) Agency Rules.--Rules governing disclosures of information 
authorized by this title shall be promulgated by the agency that 
originally collected the information, subject to the review and 
approval required under this title.

SEC. 209. CONFORMING AMENDMENTS AND PROPOSED CHANGES IN LAW.

    (a) Department of Commerce.--
            (1) The first section of the Act of January 27, 1938 (15 
        U.S.C. 176a; 52 Stat. 8) is amended in the second sentence by 
        striking ``The'' and inserting ``Except as provided in the 
        Statistical Confidentiality Act, 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 (Centers) named in the 
Statistical Confidentiality Act, 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 (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 
Confidentiality Act, 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 Administrator 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 the Paperwork Reduction 
Act and the Statistical Confidentiality Act.
    ``(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 203 
        of the Statistical Confidentiality Act.
    ``(3) Statistical information designated in paragraph (1) is exempt 
from disclosure under sections 205(f) and 407 of the Department of 
Energy Organization Act and paragraphs 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 of the Department of Energy Organization 
        Act (42 U.S.C. 7177a) 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 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.'';
                    (B) in section 20(a)(3) (15 U.S.C. 779), 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 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 203(2) of the Statistical 
        Confidentiality Act) 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.--The Commissioner of Labor Statistics 
shall be authorized to designate agents, as defined under section 
203(2) of this title.
    (e) National Science Foundation.--Section 14 of the National 
Science Foundation Act of 1950 (42 U.S.C. 1873) is amended--
            (1) by striking the paragraph following the heading of 
        subsection (i) and inserting the following:
    ``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 Confidentiality Act. The names of individuals and 
organizations supplying such information may not be disclosed to the 
public.''; and
            (2) by redesignating subsection (j) as subsection (k) and 
        inserting the following new subsection after subsection (i):
    ``(j) Obligations of Researchers.--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 Confidentiality Act, 
to identifiable information collected pursuant to subsection (a) (5) or 
(6) of this title. 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 guilty of a 
misdemeanor and fined not more than $10,000.''.
    (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 Confidentiality Act,'' after 
        ``thereof''; and
            (2) by striking ``shall be fined not more than $1,000'' and 
        inserting ``shall be fined under this title''.

SEC. 210. EFFECT ON OTHER LAWS.

    (a) Title 44, U.S.C.--This title, including the amendments made by 
this title, 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) State Law.--Nothing in this Act shall be construed to abrogate 
applicable State law regarding the confidentiality of data collected by 
the States.
    (c) FOIA.--Data or information acquired for exclusively statistical 
purposes as provided in section 206 is exempt from mandatory disclosure 
under section 552 of title 5, United States Code, pursuant to section 
552(b)(3) of such title.
                                 <all>