[House Report 106-413]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-413

=======================================================================



 
                   STATISTICAL EFFICIENCY ACT OF 1999

                                _______


October 25, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Burton of Indiana, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2885]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Government Reform, to whom was referred the 
bill (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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Purpose.........................................................7
 II.- Background and Need for the Legislation.........................7
 III. Committee Actions...............................................9
 IV.- Committee Hearings and Written Testimony........................9
   V. Explanation of the Bill........................................10
 VI.- Committee Oversight Findings...................................15
 VII. Budget Analysis and Projections................................15
VIII. Cost Estimate of the Congressional Budget Office...............16
 IX.- Statement of Constitutional Authority..........................17
   X. Committee Recommendation.......................................17
 XI.- Congressional Accountability Act; P.L. 104-1...................17
 XII. Unfunded Mandates Reform Act; P.L. 104-4, Section 423..........17
XIII. Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b)....17
 XIV. Changes in Existing Law........................................17

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 Consumption 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.--Data or 
information acquired for exclusively statistical purposes shall not be 
disclosed in identifiable form, for any purpose other than a 
statistical purpose, without the informed consent of the respondent.
  (c) Rule for Use of Data or Information for Nonstatistical 
Purposes.--A Statistical Data Center shall clearly distinguish any data 
or information collected for nonstatistical purposes (as authorized by 
law) by the Statistical Data Center by a rule that provides that the 
respondent supplying the data or information is fully 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 Directorshall 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 3504(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 AND PROPOSED CHANGES IN LAW.

  (a) Department of Commerce.--(1) Section 1 of the Act of January 27, 
1938 (15 U.S.C 176a) is amended by striking ``The'' and inserting 
``Except as provided in the Statistical Efficiency Act of 1999, the''.
  (2)(A) Chapter 10 of title 13, United States Code, is amended by 
adding after section 401 the following:

``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 (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 section 205(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 section 205(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 section 205(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.--The Commissioner of Labor Statistics is 
authorized to designate agents, as defined in section 2.
  (e) National Science Foundation.--Section 14 of the National Science 
Foundation Act of 1950 (42 U.S.C. 1873) is amended--
          (1) by amending subsection (i) to read as 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 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 by inserting ``, or agent of a Statistical Data Center 
as defined in the Statistical Efficiency Act of 1999'' after 
``thereof'' in the first two places such term appears.
  (g) Proposed Changes in Law.--Not later than the date that is 90 days 
after the date of the enactment of this Act, the President shall submit 
to Congress a description of any additional conforming changes in law 
necessary to carry out the provisions of this Act.

                               I. Purpose

    H.R. 2885, the ``Statistical Efficiency Act of 1999,'' 
would provide uniform standards for safeguarding the 
confidentiality of information acquired for exclusively 
statistical purposes, and permit limited sharing of records 
among designated agencies for statistical purposes.

                II. Background and Need for Legislation

    The collection of Federal statistics began in 1787 when the 
framers of the Constitution created a decennial census of the 
population in Article I of the Constitution. Seeing the census 
as an opportunity to collect additional information, some 
members in Congress proposed using the first census to gather 
information on manufacturing. As subsequent census legislation 
worked its way through Congress in the early 19th century, 
legislators sought to use the information to inform the country 
about the state of the nation. By the middle of the 19th 
century the Government was accumulating statistics on 
agriculture, economics and labor. During the first half of the 
20th century, a number of Federal statistical agencies were 
created by statute and administrative action.
    Today Federal statistical activities are dispersed 
throughout the Government. The Office of Management and Budget 
has identified 70 Federal departments and agencies that 
comprise the Federal statistical system. Of the 70 agencies, 11 
are considered principal statistical agencies because they 
collect, produce, and disseminate statistical information as 
their primary mission.\1\ Most of the other agencies that 
produce and disseminate statistical data do so as an ancillary 
part of their mission. Together, the principal statistical 
agencies spend approximately $1.6 billion annually on 
statistical activities. Of these agencies, three--the Bureau of 
the Census and the Bureau of Economic Analysis in the 
Department of Commerce and the Bureau of Labor Statistics in 
the Department of Labor--account for about $1.1 billion of this 
total.
---------------------------------------------------------------------------
    \1\ The 11 principal statistical agencies in the Federal government 
are the Bureau of the Census and the Bureau of Economic Analysis in the 
Department of Commerce; the Bureau of Labor Statistics in the 
Department of Labor; the National Center for Health Statistics in the 
Department of Health and Human Services; the Energy Information 
Administration in the Department of Energy; the National Agricultural 
Statistics Service and the Economic Research Service in the Department 
of Agriculture; the Statistics of Income Division in the Internal 
Revenue Service, Department of the Treasury; Bureau of Justice 
Statistics, in the Department of Justice; the Bureau of Transportation 
Statistics, in the Department of Transportation; and the National 
Center for Education Statistics, in the Department of Education.
---------------------------------------------------------------------------
    Federal statistical agencies operate under a number of 
laws, policies, or regulations that govern the collection, use, 
and confidentiality of statistical information. Some of these 
laws, policies, and regulations apply only to a specific 
agency, prohibiting it from sharing this data with other 
agencies. For example, the Bureau of the Census and the Bureau 
of Labor Statistics each compile and maintain their own lists 
of businesses, in large part because they cannot share this 
information.
    This inability to share statistical data is one of the most 
significant issues facing the statistical system. It affects 
the quality of Government statistical data, the efficiency of 
the system, and increases the burden placed on those who 
provide information to statistical agencies. One important 
opportunity created by this bill would be to improve the 
efficiency of statistical surveys in the Federal Government. 
H.R. 2885 would make it possible for statistical agencies to 
share access to the Census Bureau master address file for 
drawing samples for surveys. This access would improve the 
efficiency of those surveys, reduce the cost to agencies, and 
reduce the burden on the public.
    H.R. 2885 addresses these concerns. In addition, the bill 
would enhance the confidentiality protections for those who 
provide statistical data. Data or information collected or 
acquired by a designated Statistical Data Center for 
statistical purposes could only be used for statistical 
purposes. In addition, information acquired for statistical 
purposes could not be disclosed in identifiable form, for a 
purpose other that a statistical purpose, unless the person or 
entity supplying the information consents to the disclosure of 
such information in identifiable form. Disclosure of 
information to a Statistical Data Center must not be 
inconsistent with any law and must be made under the terms of a 
written agreement that identifies the data to be disclosed, the 
purpose for the disclosure, and the procedures to be used to 
safeguard the confidentiality of the information.
    The bill establishes uniform privacy protections to those 
agencies with weaker or, in some cases non-existent, privacy 
provisions. Additionally, any designated Statistical Data 
Center receiving statistical information from another agency 
would be required to comply with the agency providing the 
data's disclosure laws or policies. An agent of aStatistical 
Data Center would also be subject to criminal penalties for the 
unauthorized disclosure of statistical data or information.
    Representative Stephen Horn (R-CA) introduced H.R. 2885 on 
September 21, 1999, with six co-sponsors.\2\ The legislation 
has the support of the Administration, the United States 
General Accounting Office, the Paperwork Reduction Commission, 
the Boskin Commission, the National Performance Review, and the 
National Academy of Sciences' Committee on National Statistics.
---------------------------------------------------------------------------
    \2\ H.R. 2885 was co-sponsored by Rep. Henry Waxman (D-CA), Rep. 
Greg Walden (R-OR), Rep. Jim Turner (D-TX), Rep. Judy Biggert (R-IL), 
Rep. Tom Davis (R-VA) and Rep. Carolyn Maloney (D-NY).
---------------------------------------------------------------------------
    A number of legislative proposals to improve the efficiency 
of the Federal statistical system arose in the 104th and 105th 
Congresses in both the House of Representatives and the Senate. 
In the 105th Congress, Senators Sam Brownback (R-KS) and Daniel 
Patrick Moynihan (D-NY) introduced S. 1404, the ``Federal 
Statistical System Act of 1997,'' and Representative Stephen 
Horn (R-CA) introduced H.R. 4620, the ``Statistical 
Consolidation Act of 1998.'' Title I of each bill would have 
established a Federal Commission on Statistical Policy with the 
initial mandate of considering an organizational consolidation 
of key Federal statistical agencies. Title II of each bill 
addressed the problem of data sharing among Federal agencies.

                         III. Committee Actions

    Representative Stephen Horn (R-CA) introduced H.R. 2885 on 
September 21, 1999. The bill was referred to the Committee on 
Government Reform and was subsequently referred to the 
Subcommittee on Government Management, Information, and 
Technology. On September 22, 1999, the Subcommittee on 
Government Management, Information, and Technology met in open 
session, a quorum being present, and reported the bill as 
amended by voice vote to the Committee on Government Reform. 
The full committee met on September 30, 1999 and favorably 
reported the bill, as amended, by voice vote to the House of 
Representatives.
    The amendment in the nature of a substitute offered by 
Government Management subcommittee Chairman Stephen Horn 
amended section 5(b) of the bill to prohibit disclosure of any 
data or information acquired for statistical purposes in an 
identifiable form for any purpose other than a statistical 
purpose without the informed consent of the respondent. The 
amendment offered by Representative Horn at the full committee 
markup also reflected the changed name of the Energy 
Consumption Division of the Department of Energy.

              IV. Committee Hearings and Written Testimony

    Although there were no committee hearings held in the 106th 
Congress on H.R. 2885, the Subcommittee on Government 
Management, Information, and Technology has held three hearings 
since the 104th Congress on proposals to improve the efficiency 
of the Federal statistical system. In the 104th Congress, the 
subcommittee held a hearing on March 22, 1996, on H.R. 2521, 
the ``Statistical Consolidation Act of 1995.'' In the 105th 
Congress, the subcommittee held a hearing on July 29, 1997, 
entitled, ``Oversight of Statistical Proposals,'' and another 
hearing on March 26, 1998, on the ``Statistical Consolidation 
Act of 1998,'' and S. 1404, the ``Federal Statistical System 
Act of 1997.'' The legislative proposals considered by the 
subcommittee during the hearings held in the 105th Congress 
each contained a provision almost identical to the language in 
H.R. 2885, the ``Statistical Efficiency Act of 1999.''

March 26, 1998 hearing on the ``Statistical Consolidation Act of 1998'' 
        and S. 1404 the ``Federal Statistical System Act of 1997''

    At the March 26, 1998 hearing, the subcommittee received 
testimony from Senator Daniel Patrick Moynihan; Mr. L. Nye 
Stevens, Director of Federal Management and Workforce Issues, 
General Accounting Office; Mr. Charles A. Waite, former 
Associate Director, Bureau of the Census; Dr. Howard J. Silver, 
Executive Director of the Consortium of Social Science 
Associations; and Dr. Joel Popkin, former Associate Director, 
Bureau of Labor Statistics.

July 29, 1997 hearing on ``Oversight of Statistical Proposals''

    On July 29, 1997, the subcommittee held a hearing entitled 
``Oversight of Statistical Proposals.'' At this hearing, the 
subcommittee considered three proposals designed to encourage 
greater cooperation and coordination between the Federal 
Government's statistical agencies. The first proposal was to 
consolidate the Bureau of Economic Analysis, the Census Bureau 
and the Bureau of Labor Statistics into a single entity. The 
second proposal called for the creation of a commission charged 
with recommending a strategy to maintain a modern and efficient 
statistical infrastructure. The third proposal was to authorize 
statistical agencies to share statistical information under 
uniform confidentiality safeguards. At this hearing, the 
subcommittee received testimony from The Honorable Sally 
Katzen, Administrator, Office of Information and Regulatory 
Affairs, Office of Management and Budget; Dr. Edward Sondik, 
Director of the National Center for Health Statistics, Center 
for Disease Control and Prevention; Mr. Jay Hakes, member of 
the Interagency Council on Statistical Policy; Dr. Everett M. 
Ehrlich, former Under Secretary for Economic Affairs, 
Department of Commerce; Mr. Mark Wilson, Heritage Foundation; 
and Ms. Mary Susan Vickers, Director of Labor Market 
Information and Research for the Interstate Conference of 
Employment Security Agencies.

March 22, 1996, hearing on H.R. 2521, the ``Statistical Consolidation 
        Act of 1995''

    At the March 22, 1996, hearing, the Government Management 
subcommittee considered H.R. 2521, the ``Statistical 
Consolidation Act of 1995.'' That bill would have consolidated 
the three primary statistical agencies of the Federal 
Government--the Bureau of the Census, the Bureau of Statistics, 
and the Bureau of Economic Analysis--into a new Federal 
Statistical Service. Witnesses at this hearing included the 
Honorable Janet Norwood, former Commissioner of the Bureau of 
Labor Statistics; Dr. James T. Bonnen, professor, Michigan 
State University; the Honorable Everett M. Ehrlich, Under 
Secretary for Economic Affairs, Department of Commerce; the 
Honorable Katharine G. Abraham, Commissioner, Bureau of Labor 
Statistics; the Honorable Martha Farnsworth Riche, Director, 
Bureau of the Census; Dr. Maurine A. Haver, National 
Association of Business Economists; Dr. John L. Knapp, 
President, Council of Professional Associations on Federal 
Statistics; and Dr. Lynne Billard, professor, University of 
Georgia.

                       V. Explanation of the Bill


Section 1--Short title

    The title of the legislation is the ``Statistical 
Efficiency Act of 1999.''

Section 2--Definitions

    This section establishes definitions for the terms used in 
the bill that determine the scope of the confidentiality 
protections.
    ``Agency'' means all executive agencies under 31 U.S.C. 
102, as well as those subject to the specific statistical and 
paperwork policies of 44 U.S.C. 3502. The term includes various 
national laboratories to the extent they are engaged in non-
classified research (classified information is specifically 
excluded from the exchanges authorized by the Act in section 
205(b)). These laboratories have become repositories for 
important research on the environment, energy consumption, and 
other areas, and such information is intended to be covered by 
the Act.
    ``Agent'' means a person designated by a Statistical Data 
Center to perform exclusively statistical activities under the 
supervision or control of an officer 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. The term ``agent'' defined in this 
bill includes Federal employees and persons who are not 
employees of the Federal Government. Agents, whether Federal 
employees or not, are subject to all provisions of this bill.
    ``Identifiable form'' means any representation of 
information that permits information concerning an individual 
respondent to be inferred by either direct or indirect means.
    ``Nonstatistical purpose'' means any purpose that is not a 
statistical purpose including any administrative, regulatory, 
law enforcement, adjudicatory, or other purpose that affects 
the rights, privileges, or benefits of a particular 
identifiable respondent.
    ``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.
    ``Statistical activities'' means (1) the collection, 
compilation, processing, or analysis of data for the purpose of 
describing or making estimates concerning the whole of, or 
relevant groups or components within, the economy, society, or 
the natural environment; and (2) includes the development of 
methods or resources that support those activities, such as 
measurement methods, models, statistical classifications, or 
sampling frames.
    ``Statistical purpose'' means (1) the description, 
estimation, or analysis of the characteristics of groups 
without regard to the identities of respondents that comprise 
such groups; and (2) include the development, implementation, 
or maintenance of methods, technical or administrative 
procedures, or information resources that support such 
purposes.

Section 3--Designation of Statistical Data Centers

    Subsection (a) establishes eight selected agencies whose 
purposes are predominantly statistical/analytical as 
Statistical Data Centers. These agencies include the Bureau of 
Economic Analysis in the Department of Commerce; the Bureau of 
the Census in the Department of Commerce; the Bureau of Labor 
Statistics in the Department of Labor; the National 
Agricultural Statistics Service in the Department of 
Agriculture; the National Center for Education Statistics in 
the Department of Education; the National Center for Health 
Statistics in the Department of Health and Human Services; the 
Energy Consumption Division of the Energy Information 
Administration in the Department of Energy; and the Division of 
Science Resources Studies in the National Science Foundation.
    Subsection (b) provides authority for dealing with any 
future reorganization affecting a Statistical Data Center 
originally designated under subsection (a). In the case of a 
reorganization that eliminates, or substantially alters the 
mission or functions of one of the eight original Statistical 
Data Centers, 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. Prior to making the 
designation, the Director must determine that the primary 
activities of the proposed successor are statistical activities 
specifically authorized by law; that the proposed successor 
Center would participate in data sharing activities that would 
significantly improve the Federal statistical system; that the 
proposed Center has proven its ability to protect the 
confidentiality of shared data; and thatexisting laws 
applicable to the proposed Center are consistent with the requirement 
of this Act.
    Subsection (c) provides that after consultation with the 
Director of the Office of Management and Budget, the head of an 
agency seeking designation as a successor Statistical Data 
Center is required to provide public notice and an opportunity 
for comment on the consequences of such designation and on 
those determinations upon which the designation is to be based.
    Subsection (d) provides that no action taken under this 
section shall increase the number of Statistical Data Centers 
authorized by the act.

Section 4--Statistical Data Center responsibilities

    This section assigns general responsibilities to the 
agencies designated as Statistical Data Centers. The 
Statistical Data Centers are required to identify ways to 
eliminate duplication and reduce the reporting burden on and 
cost to the public by sharing information for statistical 
purposes; to enter into joint projects to improve the quality 
and reduce the costs of statistical programs; and to ensure the 
confidentiality of individually identifiable information; and 
to respect the rights and privileges of the public by observing 
and promoting ``fair information practices,'' a set of policies 
elaborated and endorsed in reports of both the Privacy 
Protection Study Commission and the Commission on Federal 
Paperwork.

Section 5--Limitations on use and disclosure of data and information by 
        Statistical Data Centers

    This provision defines the extent to which statistical data 
or information may be used as well as the disclosure 
limitations.
    Subsection (a) provides that a Statistical Data Center use 
data or information acquired exclusively for statistical 
purposes only for statistical purposes.
    Subsection (b) provides that data or information acquired 
for exclusively statistical purposes shall not be disclosed in 
identifiable form for any other purpose without the informed 
consent of the respondent.
    Subsection (c) provides that a Statistical Data Center 
shall clearly identify any data or information collected for 
nonstatistical purposes (as authorized by law) by the 
Statistical Data Center, with a rule providing 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 purpose.

Section 6--Disclosure of data or information by agencies to Statistical 
        Data Centers

    Subsection (a) provides that subject to the limitations in 
subsection (b), any agency may disclose data or information to 
a Statistical Data Center for exclusively statistical purposes.
    Subsection (b) provides the limitations on disclosure of 
data or information to a Statistical Data Center. This 
subsection lists five conditions that must be met when an 
agency discloses information to a Statistical Data Center. The 
five conditions are:
         (1) The data or information is to be used exclusively 
        for statistical purposes by the Statistical Data 
        Center.
         (2) The disclosure of and the proposed use of the 
        information by the Statistical Data Center is not 
        inconsistent with any provisions of law or Executive 
        order that explicitly limits the statistical purpose 
        for which the information may be used.
         (3) Disclosure is not prohibited by law in the 
        interests of national security.
         (4) Disclosure is made under the terms of a written 
        agreement, between the agency and the Statistical Data 
        Center, that specifies the data or information to be 
        disclosed, the purposes for which the data or 
        information are to be used, and procedures to safeguard 
        the confidentiality of the information.
         (5) The information is not to be disclosed by an 
        agency to a Statistical Data Center in identifiable 
        form, unless the disclosure is made to another party to 
        the agreement referred to in subsection (b)(4), 
        exclusively for statistical purposes.
    Subsection (c) provides that upon the initiative of any 
party to the agreement under subsection (b)(4) or upon the 
order of the Director of the Office of Management and Budget, 
the agency disclosing data shall issue a public notice that 
provides at least a 60-day period for comment on the terms of 
the agreement. This notice and comment requirement also applies 
whenever the written agreement under (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.
    Subsection (d) ensures that the disclosure of data or 
information by an agency to a Statistical Data Center under 
this Act does not affect the responsibility of the agency 
providing the information under other laws, including the 
Freedom of Information Act and the Privacy Act, with respect to 
the data or information disclosed. This subsection also 
provides that all provisions of law relating to the unlawful 
disclosure of information apply to the officers, employees, or 
agents of the Statistical Data Center to which the information 
is disclosed, to the same extent as the provisions apply to the 
officers, employees, or agentsof the agency which originally 
obtained the information. Moreover, officers, employees and agents of 
the agency receiving the information are subject to all provisions of 
law relating to the unlawful disclosure of information by the receiving 
agency, to the same extent as if the receiving agency originally 
obtained the information. In addition, this subsection applies the laws 
relating to unlawful disclosure of information gathered directly by the 
agency to which the disclosure was made to the information disclosed to 
that agency. Thus the unlawful disclosure laws of both the agency 
sharing the data and the agency receiving the data shall apply to the 
officers, employees or agents of the agency receiving the shared data.

Section 7--Coordination and oversight by the Office of Management and 
        Budget

    Subsection (a) provides that the Director of the Office of 
Management and Budget shall coordinate and oversee the 
disclosure and confidentiality policies under this Act.
    Subsection (b) provides that Statistical Data Centers shall 
report to the Office of Management and Budget each written 
disclosure agreement required by this bill and the results of 
any review of information security by the Office of Management 
and Budget, a Statistical Data Center, or an agency disclosing 
data or information. The Office of Management and Budget shall 
include a summary of all reports and any action taken by the 
Office of Management and Budget to advance the purposes of this 
title, in its annual report to Congress on statistical 
programs.
    Subsection (c) provides that the Director of the Office of 
Management and Budget shall review and approve any rules 
proposed pursuant to this title and the Paperwork Reduction 
Act.

Section 8--Implementing regulations

    This Section authorizes rule making by the Office of 
Management and Budget, a Statistical Data Center or an agency 
supplying information to implement this Act. The Office of 
Management and Budget is required to adopt rules or otherwise 
provide guidance to ensure the consistent interpretation of 
this Act. Agencies that originally collect information that is 
subsequently disclosed under this Act are required to adopt 
regulations governing such disclosure.

Section 9--Effect on other laws

    Subsection (a) provides that the authority granted by this 
Act does not diminish the authority available pursuant to 44 
U.S.C. 3510. Under that section of the Code, the Director of 
the Office of Management and Budget may direct an agency to 
make available to another agency, or an agency may on its own 
make available to another agency, information obtained pursuant 
to an information collection request, if the disclosure is not 
inconsistent with any applicable law. This title does not 
diminish the authority of the Office of Management and Budget 
to direct, and agencies to make disclosures that are not 
inconsistent with any applicable law.
    Subsection (b) provides that information acquired 
exclusively for statistical purposes by Statistical Data 
Centers (as provided in section 5) is exempt from mandatory 
disclosure under the Freedom of Information Act.
    Subsection (c) provides that nothing in this Act shall 
preempt applicable State law regarding the confidentiality of 
data collected by the States.

Section 10--Conforming amendments; proposed changes in law

    Subsection (a) pertains to the Department of Commerce. A 
provision prohibiting disclosure of confidential information by 
the Bureau of Foreign and Domestic Commerce is amended to 
permit disclosure pursuant to this Act. A new provision is 
added to title 13 of the United States Code to permit the 
exchange of information between the Census Bureau and 
Statistical Data Centers.
    Subsection (b) pertains to the Department of Energy. The 
provision establishing the Energy Information Administration 
and its duties is amended to require the Administrator of the 
Energy Information Administration to designate a unit to 
conduct statistical activities pertaining to energy end use 
consumption information. Such activities are to be conducted 
under procedures and policies in accordance with the 
confidentiality and disclosure provisions of this Act.
    Subsection (c) regards the Department of Health and Human 
Services. The provision establishing the National Center for 
Health Statistics and its duties is amended by adding a new 
subsection authorizing its Director to designate agents as 
defined in section 201(2) of this Act.
    Subsection (d) pertains to the Department of Labor. The 
Commissioner of Labor Statistics is authorized to designate 
agents as defined in section 201(2) of this Act.
    Subsection (e) regards the National Science Foundation. The 
provision concerning the disclosure of information by the 
National Science Foundation is amended to permit the use of 
information in identifiable form only for statistical purposes 
as defined in this Act. Also, a new provision is added to 
permit the Foundation to designate authorized persons who may 
have access to identifiable information for exclusively 
statistical purposes as defined in this Act. Such persons are 
subject to restrictions concerning the confidentiality and 
disclosure of identifiable information and are subject to 
criminal penalties for violations of such restrictions.
    Subsection (f) pertains to disclosure penalties. The 
provision of the Federal criminal code penalizing disclosure by 
Federal officers or employees of confidential information not 
otherwise authorized by law is amended to cover agents of 
Statistical Data Centers as defined in this Act.
    Subsection (g) regards proposed changes in law. Not later 
than 90 days after the enactment of this Act, the President 
shall submit to Congress a description of any additional 
changes in Federal law necessary to carry out the provisions of 
this Act.

                    VI. Committee Oversight Findings

    Pursuant to rule XIII, clause 3(c)(1), of the Rules of the 
House of Representatives, the results and findings for those 
oversight activities are incorporated in the recommendations 
found in the bill and in this report.

                  VII. Budget Analysis and Projections

    Clause 3(c)(2) of rule XIII, of the Rules of the House of 
Representatives, is inapplicable because the bill does not 
provide new budget authority, new spending authority, new 
credit authority, or an increase or decrease in revenues or tax 
expenditures.

         VIII. Cost Estimate of the Congressional Budget Office

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 22, 1999.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2885, the 
Statistical Efficiency Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2885--Statistical Efficiency Act of 1999

    H.R. 2885 would designate eight bureaus and offices as 
statistical data centers: the Bureau of Economic Analysis, the 
Bureau of the Census, the Bureau of Labor Statistics (BLS), the 
National Agricultural Statistics Service, the National Center 
for Education Statistics, the National Center for Health 
Statistics, the Energy Consumption Division in the Department 
of Energy, and the Division of Science Resources Studies in the 
National Science Foundation. Together, these agencies received 
appropriations of about $2.1 billion in 1999. Subject to 
certain confidentiality procedures, the bill would allow the 
centers to share statistical data, eliminate duplicate 
reporting requirements, and enter into joint projects to 
improve the quality and lower the cost of statistical programs. 
In addition, the bill would allow other federal agencies to 
share data with the eight centers for purely statistical 
purposes. In general, under current law, an agency that 
collects data is not allowed to share the information with 
another agency.
    H.R. 2885 could lower the government's cost to collect 
statistical data if it results in the eight centers pooling 
resources and eliminating duplicate efforts. Although it is 
uncertain how much agencies would share resources and data 
under H.R. 2885, based on information from the Office of 
Information and Regulatory Affairs in the Office of Management 
and Budget (OMB), CBO estimates that implementing the bill 
would reduce information collection costs by about $2 million a 
year. Any such savings would depend on the amounts provided to 
these agencies in appropriations acts. In addition, by allowing 
agencies to share and compare data, the bill also could improve 
the quality of federal statistics, but CBO has no basis for 
estimating the budgetary impact of such improvements. Finally, 
subject to the availability of appropriated funds, CBO 
estimates that the bill would cost OMB less than $500,000 
annually to write regulations and oversee the bill's 
implementation.
    Enacting H.R. 2885 could result in the collection of 
additional criminal fines, which affect both governmental 
receipts and direct spending; therefore, pay-as-you-go 
procedures would apply. CBO estimates that neither the receipts 
nor the spending would exceed $500,000 in any one year. H.R. 
2885 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act and would not 
affect the budgets of state, local, or tribal governments.
    The CBO staff contact is John R. Righter. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

               IX. Statement of Constitutional Authority

    Pursuant to rule XIII, clause 3(d)(1), the Committee finds 
that clauses 1 and 18 of Article I, Section 8 of the U.S. 
Constitution grant Congress the power to enact this law.

                      X. Committee Recommendation

    On September 30, 1999, a quorum being present, the 
Committee on Government Reform ordered the bill favorably 
reported by voice vote to the House for consideration.

         XI. Congressional Accountability Act; Public Law 104-1

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(B)(3) of the Congressional Accountability Act (P.L. 104-1).

    XII. Unfunded Mandates Reform Act; Public Law 104-4, Section 423

    The Committee finds that the legislation does not impose 
any Federal mandates within the meaning of section 423 of the 
Unfunded Mandates Reform Act (P.L. 104-4).

   XIII. Federal Advisory Committee Act (5 U.S.C. App.) Section 5(b)

    The Committee finds that the legislation does not establish 
or authorize establishment of an advisory committee within the 
definition of 5 U.S.C. App., section 5(b).

       XIV. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                SECTION 1 OF THE ACT OF JANUARY 27, 1938


AN ACT To make confidential certain information furnished to the Bureau 
       of Foreign and Domestic Commerce, and for other purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That any 
statistical information furnished in confidence to the Bureau 
of Foreign and Domestic Commerce by individuals, corporations, 
and firms shall be held to be confidential, and shall be used 
only for the statistical purposes for which it is supplied. 
[The] Except as provided in the Statistical Efficiency Act of 
1999, the Director of the Bureau of Foreign and Domestic 
Commerce shall not permit anyone other than the sworn employees 
of the Bureau to examine such individual reports, nor shall he 
permit any statistics of domestic commerce to be published in 
such manner as to reveal the identity of the individual, 
corporation, or firm furnishing such data.
                              ----------                              


TITLE 13, UNITED STATES CODE

           *       *       *       *       *       *       *



               CHAPTER 10--EXCHANGE OF CENSUS INFORMATION

Sec.
401. Exchange of census information with Bureau of Economic 
Analysis.
402. Exchange of census information with Statistical Data Centers.

           *       *       *       *       *       *       *


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.
                              ----------                              


DEPARTMENT OF ENERGY ORGANIZATION ACT

           *       *       *       *       *       *       *


TITLE II--ESTABLISHMENT OF THE DEPARTMENT

           *       *       *       *       *       *       *


                   energy information administration

  Sec. 205. (a)(1)  * * *

           *       *       *       *       *       *       *

  (f) The Administrator shall, upon request, promptly provide 
any information or analysis, excluding information designated 
solely for statistical purposes under subsection (m)(1), in his 
possession pursuant to this section to any other 
administration, commission, or office within the Department 
which such administration, commission, or office determines 
relates to the functions of such administration, commission, or 
office.

           *       *       *       *       *       *       *

  (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 (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.

           *       *       *       *       *       *       *


TITLE IV--FEDERAL ENERGY REGULATORY COMMISSION

           *       *       *       *       *       *       *


                         access to information

  Sec. 407. (a) The Secretary, each officer of the Department, 
and each Federal agency shall provide to the Commission, upon 
request, such existing information, excluding information 
designated solely for statistical purposes under section 
205(m)(1), in the possession of the Department or other Federal 
agency as the Commission determines is necessary to carry out 
its responsibilities under this Act.

           *       *       *       *       *       *       *

                              ----------                              


FEDERAL ENERGY ADMINISTRATION ACT OF 1974

           *       *       *       *       *       *       *


Part A--Federal Energy Administration

           *       *       *       *       *       *       *


            access to information by the comptroller general

  Sec. 12. (a)  * * *

           *       *       *       *       *       *       *

  (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).

           *       *       *       *       *       *       *


   coordination with, and technical assistance to, state governments

  Sec. 20. (a) The Administrator shall--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) provide, in accordance with the provisions of 
        this Act, upon request, to State governments all 
        relevant information, excluding information designated 
        solely for statistical purposes under section 205(m)(1) 
        of the Department of Energy Organization Act (42 U.S.C. 
        7135) he possesses concerning the status and impact of 
        energy shortages, the extent and location of available 
        supplies and shortages of crude oil, petroleum 
        products, natural gas, and coal, within the 
        distribution area serving that particular State 
        government; and

           *       *       *       *       *       *       *


Part B--Office of Energy Information and Analysis

           *       *       *       *       *       *       *


    congressional access to information in possession of the office

  Sec. 59. The Director shall promptly provide upon request any 
energy information, excluding information designated solely for 
statistical purposes under section 205(m)(1) of the Department 
of Energy Organization Act (42 U.S.C 7135) in the possession of 
the Office to any duly established committee of the Congress. 
Such information shall be deemed the property of such committee 
and may not be disclosed except in accordance with the rules of 
such committee and the Rules of the House of Representatives or 
the Senate and as permitted by law.
                              ----------                              


              SECTION 306 OF THE PUBLIC HEALTH SERVICE ACT

                 national center for health statistics

  Sec. 306. (a)  * * *

           *       *       *       *       *       *       *

  (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.
                              ----------                              


SECTION 14 OF THE NATIONAL SCIENCE FOUNDATION ACT OF 1950

           *       *       *       *       *       *       *


                        miscellaneous provisions

  Sec. 14. (a)(1)  * * *

           *       *       *       *       *       *       *

  [(i) Information supplied to the Foundation or a contractor 
of the Foundation by an industrial or commercial organization 
in survey forms, questionnaires, or similar instruments for the 
purposes of subsection (a)(5) or (a)(6) of section 3 may not be 
disclosed to the public unless such information has been 
transformed into statistical or aggregate formats that do not 
allow the identification of the supplier. The names of 
organizations supplying such information may not be disclosed 
to the public.]
  (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.
  (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.
                              ----------                              


              SECTION 1905 OF TITLE 18, UNITED STATES CODE

Sec. 1905. Disclosure of confidential information generally

  Whoever, being an officer or employee of the United States or 
of any department or agency thereof, or agent of a Statistical 
Data Center as defined in the Statistical Efficiency Act of 
1999, any person acting on behalf of the Office of Federal 
Housing Enterprise Oversight, or agent of the Department of 
Justice as defined in the Antitrust Civil Process Act (15 
U.S.C. 1311-1314), publishes, divulges, discloses, or makes 
known in any manner or to any extent not authorized by law any 
information coming to him in the course of his employment or 
official duties or by reason of any examination or 
investigation made by, or return, report or record made to or 
filed with, such department or agency or officer or employee 
thereof, or agent of a Statistical Data Center as defined in 
the Statistical Efficiency Act of 1999, which information 
concerns or relates to the trade secrets, processes, 
operations, style of work, or apparatus, or to the identity, 
confidential statistical data, amount or source of any income, 
profits, losses, or expenditures of any person, firm, 
partnership, corporation, or association; or permits any income 
return or copy thereof or any book containing any abstract or 
particulars thereof to be seen or examined by any person except 
as provided by law; shall be fined under this title, or 
imprisoned not more than one year, or both; and shall be 
removed from office or employment.

                                

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