[115th Congress Public Law 435]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 5529]]
Public Law 115-435
115th Congress
An Act
To amend titles 5 and 44, United States Code, to require Federal
evaluation activities, improve Federal data management, and for other
purposes. <<NOTE: Jan. 14, 2019 - [H.R. 4174]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Foundations for
Evidence-Based Policymaking Act of 2018. 5 USC 101 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Foundations for
Evidence-Based Policymaking Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES
Sec. 101. Federal evidence-building activities.
TITLE II--OPEN GOVERNMENT DATA ACT
Sec. 201. Short title.
Sec. 202. OPEN Government data.
TITLE III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY
Sec. 301. Short title.
Sec. 302. Confidential information protection and statistical
efficiency.
Sec. 303. Increasing access to data for evidence.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Rule of construction.
Sec. 402. Use of existing resources.
Sec. 403. Effective date.
TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES
SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVITIES.
(a) In General.--Chapter 3 of part I of title 5, United States Code,
is amended--
(1) by inserting before section 301 the following:
``SUBCHAPTER I--GENERAL <<NOTE: 5 USC 301 prec.>> PROVISIONS''; and
(2) by adding at the end the following:
[[Page 132 STAT. 5530]]
``SUBCHAPTER II--FEDERAL <<NOTE: 5 USC 311 prec.>> EVIDENCE-BUILDING
ACTIVITIES
``Sec. 311. <<NOTE: 5 USC 311.>> Definitions
``In this subchapter:
``(1) Agency.--The term `agency' means an agency referred to
under section 901(b) of title 31.
``(2) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(3) Evaluation.--The term `evaluation' means an assessment
using systematic data collection and analysis of one or more
programs, policies, and organizations intended to assess their
effectiveness and efficiency.
``(4) Evidence.--The term `evidence' has the meaning given
that term in section 3561 of title 44.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, each territory or possession
of the United States, and each federally recognized governing
body of any Indian Tribe, band, nation, pueblo, or other
organized group or community which is recognized as eligible for
the special programs and services provided by the United States
to Indians because of their status as Indians.
``(6) Statistical activities; statistical agency or unit;
statistical purpose.--The terms `statistical activities',
`statistical agency or unit', and `statistical purpose' have the
meanings given those terms in section 3561 of title 44.
``Sec. 312. <<NOTE: 5 USC 312.>> Agency evidence-building plan
``(a) <<NOTE: Lists.>> Requirement.--The head of each agency shall
include in the strategic plan required under section 306 a systematic
plan for identifying and addressing policy questions relevant to the
programs, policies, and regulations of the agency. Such plan shall
contain the following:
``(1) A list of policy-relevant questions for which the
agency intends to develop evidence to support policymaking.
``(2) A list of data the agency intends to collect, use, or
acquire to facilitate the use of evidence in policymaking.
``(3) A list of methods and analytical approaches that may
be used to develop evidence to support policymaking.
``(4) A list of any challenges to developing evidence to
support policymaking, including any statutory or other
restrictions to accessing relevant data.
``(5) A description of the steps the agency will take to
accomplish paragraphs (1) and (2).
``(6) Any other information as required by guidance issued
by the Director.
``(b) Evaluation Plan.--The head of each agency shall issue in
conjunction with the performance plan required under section 1115(b) of
title 31, an evaluation plan describing activities the agency plans to
conduct pursuant to subsection (a) of this section during the fiscal
year following the year in which the performance plan is submitted. Such
plan shall--
``(1) describe key questions for each significant evaluation
study that the agency plans to begin in the next fiscal year;
``(2) describe key information collections or acquisitions
the agency plans to begin in the next fiscal year; and
[[Page 132 STAT. 5531]]
``(3) any other information included in guidance issued by
the Director under subsection (a)(6).
``(c) Consultation.--In developing the plan required under
subsection (a), the head of an agency shall consult with stakeholders,
including the public, agencies, State and local governments, and
representatives of non-governmental researchers.
``Sec. 313. <<NOTE: 5 USC 313.>> Evaluation Officers
``(a) <<NOTE: Designation.>> Establishment.--The head of each
agency shall designate a senior employee of the agency as the Evaluation
Officer of the agency.
``(b) Qualifications.--The Evaluation Officer of an agency shall be
appointed or designated without regard to political affiliation and
based on demonstrated expertise in evaluation methodology and practices
and appropriate expertise to the disciplines of the agency.
``(c) Coordination.--The Evaluation Officer of an agency shall, to
the extent practicable, coordinate activities with agency officials
necessary to carry out the functions required under subsection (d).
``(d) <<NOTE: Assessments.>> Functions.--The Evaluation Officer of
each agency shall--
``(1) continually assess the coverage, quality, methods,
consistency, effectiveness, independence, and balance of the
portfolio of evaluations, policy research, and ongoing
evaluation activities of the agency;
``(2) assess agency capacity to support the development and
use of evaluation;
``(3) establish and implement an agency evaluation policy;
and
``(4) coordinate, develop, and implement the plans required
under section 312.
``Sec. 314. <<NOTE: 5 USC 314.>> Statistical expertise
``(a) <<NOTE: Designation.>> In General.--The head of each agency
shall designate the head of any statistical agency or unit within the
agency, or in the case of an agency that does not have a statistical
agency or unit, any senior agency official with appropriate expertise,
as a statistical official to advise on statistical policy, techniques,
and procedures. Agency officials engaged in statistical activities may
consult with any such statistical official as necessary.
``(b) Membership on Interagency Council on Statistical Policy.--Each
statistical official designated under subsection (a) shall serve as a
member of the Interagency Council on Statistical Policy established
under section 3504(e)(8) of title 44.
``Sec. 315. <<NOTE: 5 USC 315.>> Advisory Committee on Data for
Evidence Building
``(a) Establishment.--The Director, or the head of an agency
designated by the Director, shall establish an Advisory Committee on
Data for Evidence Building (in this section referred to as the `Advisory
Committee') to review, analyze, and make recommendations on how to
promote the use of Federal data for evidence building.
``(b) <<NOTE: Appointments.>> Membership.--The members of the
Advisory Committee shall consist of the Chief Statistician of the United
States, who shall serve as the Chair of the Advisory Committee, and
other members appointed by the Director as follows:
[[Page 132 STAT. 5532]]
``(1) One member who is an agency Chief Information Officer.
``(2) One member who is an agency Chief Privacy Officer.
``(3) One member who is an agency Chief Performance Officer.
``(4) Three members who are agency Chief Data Officers.
``(5) Three members who are agency Evaluation Officers.
``(6) Three members who are members of the Interagency
Council for Statistical Policy established under section
3504(e)(8) of title 44.
``(7) At least 10 members who are representatives of State
and local governments and nongovernmental stakeholders with
expertise in government data policy, privacy, technology,
transparency policy, evaluation and research methodologies, and
other relevant subjects, of whom--
``(A) at least one shall have expertise in
transparency policy;
``(B) at least one shall have expertise in privacy
policy;
``(C) at least one shall have expertise in
statistical data use;
``(D) at least one shall have expertise in
information management;
``(E) at least one shall have expertise in
information technology; and
``(F) at least one shall be from the research and
evaluation community.
``(c) Term of Service.--
``(1) In general.--Each member of the Advisory Committee
shall serve for a term of 2 years.
``(2) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A vacancy in the Commission shall be
filled in the manner in which the original appointment was made.
``(d) Compensation.--Members of the Advisory Committee shall serve
without compensation.
``(e) Duties.--The Advisory Committee shall--
``(1) assist the Director in carrying out the duties of the
Director under part D of subchapter III of chapter 35 of title
44;
``(2) <<NOTE: Recommenda- tions.>> evaluate and provide
recommendations to the Director on how to facilitate data
sharing, enable data linkage, and develop privacy enhancing
techniques; and
``(3) <<NOTE: Review.>> review the coordination of data
sharing or availability for evidence building across all
agencies.
``(f) <<NOTE: Public information.>> Reports.--The Advisory
Committee shall submit to the Director and make publicly available an
annual report on the activities and findings of the Advisory Committee.
``(g) Termination.--The Advisory Committee shall terminate not later
than two years after the date of the first meeting.''.
(b) Technical and Conforming Amendments.--The table of sections for
chapter 3 of part I of title 5, <<NOTE: 5 USC 301 prec.>> United States
Code, is amended--
(1) by inserting before the item relating to section 301 the
following:
[[Page 132 STAT. 5533]]
``subchapter i--general provisions''; and
(2) by adding at the end the following:
``subchapter ii--federal evidence-building activities
``311. Definitions.
``312. Agency evidence-building plan.
``313. Evaluation Officers.
``314. Statistical expertise.
``315. Advisory Committee on Data for Evidence Building.''.
(c) Agency Strategic Plans.--Section 306(a) of title 5, United
States Code, is amended--
(1) in paragraph (7), by striking ``; and'' at the end and
inserting a semicolon;
(2) in paragraph (8), by--
(A) striking the period at the end; and
(B) inserting after ``to be conducted'' the
following: ``, and citations to relevant provisions of
the plans required under section 312; and''; and
(3) by adding at the end the following:
``(9) <<NOTE: Assessment.>> an assessment of the coverage,
quality, methods, effectiveness, and independence of the
statistics, evaluation, research, and analysis efforts of the
agency, including--
``(A) <<NOTE: Lists.>> a list of the activities and
operations of the agency that are currently being
evaluated and analyzed;
``(B) the extent to which the evaluations, research,
and analysis efforts and related activities of the
agency support the needs of various divisions within the
agency;
``(C) the extent to which the evaluation research
and analysis efforts and related activities of the
agency address an appropriate balance between needs
related to organizational learning, ongoing program
management, performance management, strategic
management, interagency and private sector coordination,
internal and external oversight, and accountability;
``(D) the extent to which the agency uses methods
and combinations of methods that are appropriate to
agency divisions and the corresponding research
questions being addressed, including an appropriate
combination of formative and summative evaluation
research and analysis approaches;
``(E) the extent to which evaluation and research
capacity is present within the agency to include
personnel and agency processes for planning and
implementing evaluation activities, disseminating best
practices and findings, and incorporating employee views
and feedback; and
``(F) the extent to which the agency has the
capacity to assist agency staff and program offices to
develop the capacity to use evaluation research and
analysis approaches and data in the day-to-day
operations.''.
(d) <<NOTE: 5 USC 306 note.>> GAO Report.--Not later than 2 years
after the date on which each strategic plan required under section
306(a) of title 5, United States Code, is published, the Comptroller
General of the United States shall submit to Congress a report that--
(1) <<NOTE: Summary.>> summarizes agency findings and
highlights trends in the assessment conducted pursuant to
subsection (a)(9) of section 306 of title 5, United States Code,
as added by subsection (c); and
[[Page 132 STAT. 5534]]
(2) <<NOTE: Recommenda- tions.>> if appropriate, recommends
actions to further improve agency capacity to use evaluation
techniques and data to support evaluation efforts.
(e) <<NOTE: 5 USC 311 note.>> Evaluation and Personnel Standards.--
(1) <<NOTE: Deadline. Consultation.>> Requirement.--Not
later than 1 year after the date of enactment of this Act, the
Director of the Office of Management and Budget, in consultation
with any interagency council relating to evaluation, shall--
(A) <<NOTE: Guidance.>> issue guidance for program
evaluation for agencies consistent with widely accepted
standards for evaluation; and
(B) identify best practices for evaluation that
would improve Federal program evaluation.
(2) <<NOTE: Deadline.>> Guidance.--Not later than 90 days
after the date on which the guidance under paragraph (1) is
issued, the head of each agency shall oversee the implementation
of such guidance.
(3) <<NOTE: Deadline. Consultation.>> OPM guidance.--Not
later than 180 days after the date on which the guidance under
paragraph (1) is issued, the Director of the Office of Personnel
Management, in consultation with the Director of the Office of
Management and Budget, shall--
(A) identify key skills and competencies needed for
program evaluation in an agency;
(B) establish a new occupational series, or update
and improve an existing occupational series, for program
evaluation within an agency; and
(C) establish a new career path for program
evaluation within an agency.
(4) Definitions.--In this Act:
(A) Agency.--Except as otherwise provided, the term
``agency'' has the meaning given the term ``Executive
agency'' under section 105.
(B) Evaluation.--The term ``evaluation'' has the
meaning given that term in section 311 of title 5,
United States Code, as added by subsection (a).
TITLE II--OPEN <<NOTE: Open, Public, Electronic, and Necessary
Government Data Act. 44 USC 101 note.>> GOVERNMENT DATA ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Open, Public, Electronic, and
Necessary Government Data Act'' or the ``OPEN Government Data Act''.
SEC. 202. OPEN GOVERNMENT DATA.
(a) Definitions.--Section 3502 of title 44, United States Code, is
amended--
(1) in paragraph (13), by striking ``; and'' at the end and
inserting a semicolon;
(2) in paragraph (14), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(15) the term `comprehensive data inventory' means the
inventory created under section 3511(a), but does not include
any underlying data asset listed on the inventory;
[[Page 132 STAT. 5535]]
``(16) the term `data' means recorded information,
regardless of form or the media on which the data is recorded;
``(17) the term `data asset' means a collection of data
elements or data sets that may be grouped together;
``(18) the term `machine-readable', when used with respect
to data, means data in a format that can be easily processed by
a computer without human intervention while ensuring no semantic
meaning is lost;
``(19) the term `metadata' means structural or descriptive
information about data such as content, format, source, rights,
accuracy, provenance, frequency, periodicity, granularity,
publisher or responsible party, contact information, method of
collection, and other descriptions;
``(20) the term `open Government data asset' means a public
data asset that is--
``(A) machine-readable;
``(B) available (or could be made available) in an
open format;
``(C) not encumbered by restrictions, other than
intellectual property rights, including under titles 17
and 35, that would impede the use or reuse of such
asset; and
``(D) based on an underlying open standard that is
maintained by a standards organization;
``(21) the term `open license' means a legal guarantee that
a data asset is made available--
``(A) at no cost to the public; and
``(B) with no restrictions on copying, publishing,
distributing, transmitting, citing, or adapting such
asset;
``(22) the term `public data asset' means a data asset, or
part thereof, maintained by the Federal Government that has
been, or may be, released to the public, including any data
asset, or part thereof, subject to disclosure under section 552
of title 5; and
``(23) the term `statistical laws' means subchapter III of
this chapter and other laws pertaining to the protection of
information collected for statistical purposes as designated by
the Director.''.
(b) Guidance to Make Data Open by Default.--Section 3504(b) of title
44, United States Code, is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) issue guidance for agencies to implement section
3506(b)(6) in a manner that takes into account--
``(A) risks and restrictions related to the
disclosure of personally identifiable information,
including the risk that an individual data asset in
isolation does not pose a privacy or confidentiality
risk but when combined with other available information
may pose such a risk;
``(B) security considerations, including the risk
that information in an individual data asset in
isolation does not pose a security risk but when
combined with other available information may pose such
a risk;
[[Page 132 STAT. 5536]]
``(C) the cost and benefits to the public of
converting a data asset into a machine-readable format
that is accessible and useful to the public;
``(D) whether the application of the requirements
described in such section to a data asset could result
in legal liability;
``(E) a determination of whether a data asset--
``(i) is subject to intellectual property
rights, including rights under titles 17 and 35;
``(ii) contains confidential business
information, that could be withheld under section
552(b)(4) of title 5; or
``(iii) is otherwise restricted by contract or
other binding, written agreement;
``(F) the requirement that a data asset be
disclosed, if it would otherwise be made available under
section 552 of title 5 (commonly known as the `Freedom
of Information Act'); and
``(G) any other considerations that the Director
determines to be relevant.''.
(c) Federal Agency Responsibilities to Make Data Open by Default.--
(1) Amendments.--Section 3506 of title 44, United States
Code, is amended--
(A) in subsection (b)--
(i) by amending paragraph (2) to read as
follows:
``(2) <<NOTE: Strategic plan.>> in accordance with guidance
by the Director, develop and maintain a strategic information
resources management plan that, to the extent practicable--
``(A) describes how information resources management
activities help accomplish agency missions;
``(B) includes an open data plan for data that does
not concern monetary policy that--
``(i) requires the agency to develop processes
and procedures that--
``(I) require data collection
mechanisms created on or after the date
of the enactment of the OPEN Government
Data Act to be available in an open
format; and
``(II) facilitate collaboration with
non-Government entities (including
businesses), researchers, and the public
for the purpose of understanding how
data users value and use government
data;
``(ii) identifies and implements methods for
collecting and analyzing digital information on
data asset usage by users within and outside of
the agency, including designating a point of
contact within the agency to assist the public and
to respond to quality issues, usability issues,
recommendations for improvements, and complaints
about adherence to open data requirements within a
reasonable period of time;
``(iii) develops and implements a process to
evaluate and improve the timeliness, completeness,
consistency, accuracy, usefulness, and
availability of open Government data assets;
``(iv) includes requirements for meeting the
goals of the agency open data plan, including the
acquisition
[[Page 132 STAT. 5537]]
of technology, provision of training for
employees, and the implementation of procurement
standards, in accordance with existing law,
regulation, and policy, that allow for the
acquisition of innovative solutions from public
and private sectors;
``(v) identifies as priority data assets any
data asset for which disclosure would be in the
public interest and establishes a plan to evaluate
each priority data asset for disclosure on the
Federal Data Catalogue under section 3511 and for
a determination under 3511(a)(2)(A)(iii)(I)(bb),
including an accounting of which priority data
assets have not yet been evaluated; and
``(vi) requires the agency to comply with
requirements under section 3511, including any
standards established by the Director under such
section, when disclosing a data asset pursuant to
such section; and
``(C) <<NOTE: Update. Public information. Web
posting. Deadline.>> is updated annually and made
publicly available on the website of the agency not
later than 5 days after each such update;'';
(ii) in paragraph (4), by striking ``; and''
and inserting a semicolon;
(iii) in paragraph (5), by striking the period
at the end and inserting ``; and''; and
(iv) by adding at the end the following new
paragraph:
``(6) in accordance with guidance by the Director--
``(A) make each data asset of the agency available
in an open format; and
``(B) make each public data asset of the agency
available--
``(i) as an open Government data asset; and
``(ii) under an open license.''; and
(B) in subsection (d)--
(i) in paragraph (3), by striking ``and'' at
the end;
(ii) in paragraph (4), by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following new
paragraphs:
``(5) ensure that any public data asset of the agency is
machine-readable; and
``(6) engage the public in using public data assets of the
agency and encourage collaboration by--
``(A) <<NOTE: Web posting.>> publishing on the
website of the agency, on a regular basis (not less than
annually), information on the usage of such assets by
non-Government users;
``(B) providing the public with the opportunity to
request specific data assets to be prioritized for
disclosure and to provide suggestions for the
development of agency criteria with respect to
prioritizing data assets for disclosure;
``(C) assisting the public in expanding the use of
public data assets; and
``(D) hosting challenges, competitions, events, or
other initiatives designed to create additional value
from public data assets of the agency.''.
[[Page 132 STAT. 5538]]
(2) <<NOTE: Deadline. 44 USC 3506 note.>> Use of open data
assets.--Not later than 1 year after the date of the enactment
of this Act, the head of each agency (as defined in section 3502
of title 44, United States Code) shall ensure that any activity
by the agency meets the requirements of section 3506 of title
44, United States Code, as amended by this subsection.
(3) <<NOTE: 44 USC 3506 note.>> Effective date.--The
amendments made by this subsection shall take effect on the date
that is 1 year after the date of the enactment of this Act.
(d) Data Inventory and Federal Data Catalogue.--
(1) Amendment.--Section 3511 of title 44, United States
Code, is amended to read as follows:
``Sec. 3511. Data inventory and Federal data catalogue
``(a) Comprehensive Data Inventory.--
``(1) <<NOTE: Consultation.>> In general.--In consultation
with the Director and in accordance with the guidance
established under paragraph (2), the head of each agency shall,
to the maximum extent practicable, develop and maintain a
comprehensive data inventory that accounts for all data assets
created by, collected by, under the control or direction of, or
maintained by the agency. The head of each agency shall ensure
that such inventory provides a clear and comprehensive
understanding of the data assets in the possession of the
agency.
``(2) Guidance.--The Director shall establish guidance for
agencies to develop and maintain comprehensive data inventories
under paragraph (1). Such guidance shall include the following:
``(A) A requirement for the head of an agency to
include in the comprehensive data inventory metadata on
each data asset of the agency, including, to the maximum
extent practicable, the following:
``(i) A description of the data asset,
including all variable names and definitions.
``(ii) The name or title of the data asset.
``(iii) An indication of whether or not the
agency--
``(I) has determined or can
determine if the data asset is--
``(aa) an open Government
data asset;
``(bb) subject to disclosure
or partial disclosure or exempt
from disclosure under section
552 of title 5;
``(cc) a public data asset
eligible for disclosure under
subsection (b); or
``(dd) a data asset not
subject to open format or open
license requirements due to
existing limitations or
restrictions on government
distribution of the asset; or
``(II) as of the date of such
indication, has not made such
determination.
``(iv) Any determination made under section
3582, if available.
``(v) A description of the method by which the
public may access or request access to the data
asset.
``(vi) The date on which the data asset was
most recently updated.
[[Page 132 STAT. 5539]]
``(vii) Each agency responsible for
maintaining the data asset.
``(viii) The owner of the data asset.
``(ix) To the extent practicable, any
restriction on the use of the data asset.
``(x) The location of the data asset.
``(xi) Any other metadata necessary to make
the comprehensive data inventory useful to the
agency and the public, or otherwise determined
useful by the Director.
``(B) A requirement for the head of an agency to
exclude from the comprehensive data inventory any data
asset contained on a national security system, as
defined in section 11103 of title 40.
``(C) <<NOTE: Criteria. Determination. Public information
.>> Criteria for the head of an agency to use in
determining which metadata required by subparagraph (A),
if any, in the comprehensive data inventory may not be
made publicly available, which shall include, at a
minimum, a requirement to ensure all information that
could not otherwise be withheld from disclosure under
section 552 of title 5 is made public in the
comprehensive data inventory.
``(D) <<NOTE: Procedure. Inventory. Update.>> A
requirement for the head of each agency, in accordance
with a procedure established by the Director, to submit
for inclusion in the Federal data catalogue maintained
under subsection (c) the comprehensive data inventory
developed pursuant to subparagraph (C), including any
real-time updates to such inventory, and data assets
made available in accordance with subparagraph (E) or
any electronic hyperlink providing access to such data
assets.
``(E) <<NOTE: Criteria. Determination.>> Criteria
for the head of an agency to use in determining whether
a particular data asset should not be made publicly
available in a manner that takes into account--
``(i) risks and restrictions related to the
disclosure of personally identifiable information,
including the risk that an individual data asset
in isolation does not pose a privacy or
confidentiality risk but when combined with other
available information may pose such a risk;
``(ii) security considerations, including the
risk that information in an individual data asset
in isolation does not pose a security risk but
when combined with other available information may
pose such a risk;
``(iii) the cost and benefits to the public of
converting the data into a format that could be
understood and used by the public;
``(iv) whether the public dissemination of the
data asset could result in legal liability;
``(v) whether the data asset--
``(I) is subject to intellectual
property rights, including rights under
titles 17 and 35;
``(II) contains confidential
business information, that could be
withheld under section 552(b)(4) of
title 5; or
``(III) is restricted by contract or
other binding, written agreement;
[[Page 132 STAT. 5540]]
``(vi) whether the holder of a right to such
data asset has been consulted;
``(vii) the expectation that all data assets
that would otherwise be made available under
section 552 of title 5 be disclosed; and
``(viii) any other considerations that the
Director determines to be relevant.
``(F) <<NOTE: Criteria. Assessment. Determination.>>
Criteria for the head of an agency to use in assessing
the indication of a determination under subparagraph
(A)(iii) and how to prioritize any such subsequent
determinations in the strategic information management
plan under section 3506, in consideration of the
existing resources available to the agency.
``(3) <<NOTE: Deadline. Inventory.>> Regular updates
required.--With respect to each data asset created or identified
by an agency, the head of the agency shall update the
comprehensive data inventory of the agency not later than 90
days after the date of such creation or identification.
``(b) Public Data Assets.--The head of each agency shall submit
public data assets, or links to public data assets available online, as
open Government data assets for inclusion in the Federal data catalogue
maintained under subsection (c), in accordance with the guidance
established under subsection (a)(2).
``(c) <<NOTE: Public information.>> Federal Data Catalogue.--
``(1) In general.--The Administrator of General Services
shall maintain a single public interface online as a point of
entry dedicated to sharing agency data assets with the public,
which shall be known as the `Federal data
catalogue'. <<NOTE: Publication.>> The Administrator and the
Director shall ensure that agencies can submit public data
assets, or links to public data assets, for publication and
public availability on the interface.
``(2) Repository.--The Director shall collaborate with the
Office of Government Information Services and the Administrator
of General Services to develop and maintain an online repository
of tools, best practices, and schema standards to facilitate the
adoption of open data practices across the Federal Government,
which shall--
``(A) include any definitions, regulations,
policies, checklists, and case studies related to open
data policy;
``(B) facilitate collaboration and the adoption of
best practices across the Federal Government relating to
the adoption of open data practices; and
``(C) be made available on the Federal data
catalogue maintained under paragraph (1).
``(3) Access to other data assets.--The Director shall
ensure the Federal data catalogue maintained under paragraph (1)
provides information on how the public can access a data asset
included in a comprehensive data inventory under subsection (a)
that is not yet available on the Federal data catalogue,
including information regarding the application process
established under section 3583 of title 44.
``(d) <<NOTE: Guidance.>> Delegation.--The Director shall delegate
to the Administrator of the Office of Information and Regulatory Affairs
and the Administrator of the Office of Electronic Government the
authority to jointly issue guidance required under this section.''.
(2) Technical and conforming amendments.--
[[Page 132 STAT. 5541]]
(A) Table of sections.--The item relating to section
3511 of the table of sections at the beginning of
chapter 35 of title 44, United States Code, <<NOTE: 44
USC 3501 prec.>> is amended to read as follows:
``3511. Data inventory and Federal data catalogue.''.
(B) Cross-reference.--Section 3504(b)(2)(A) of title
44, United States Code, is amended by striking ``the use
of the Government Information Locator Service'' and
inserting ``the use of comprehensive data inventories
and the Federal data catalogue under section 3511''.
(e) Chief Data Officers.--
(1) Amendment.--Section 3520 of title 44, United States
Code, is amended to read as follows:
``Sec. 3520. Chief Data Officers
``(a) <<NOTE: Designation.>> Establishment.--The head of each
agency shall designate a nonpolitical appointee employee in the agency
as the Chief Data Officer of the agency.
``(b) Qualifications.--The Chief Data Officer of an agency shall be
designated on the basis of demonstrated training and experience in data
management, governance (including creation, application, and maintenance
of data standards), collection, analysis, protection, use, and
dissemination, including with respect to any statistical and related
techniques to protect and de-identify confidential data.
``(c) Functions.--The Chief Data Officer of an agency shall--
``(1) be responsible for lifecycle data management;
``(2) <<NOTE: Coordination.>> coordinate with any official
in the agency responsible for using, protecting, disseminating,
and generating data to ensure that the data needs of the agency
are met;
``(3) manage data assets of the agency, including the
standardization of data format, sharing of data assets, and
publication of data assets in accordance with applicable law;
``(4) <<NOTE: Consultation.>> in carrying out the
requirements under paragraphs (3) and (5), consult with any
statistical official of the agency (as designated under section
314 of title 5);
``(5) carry out the requirements of the agency under
subsections (b) through (d), (f), and (i) of section 3506,
section 3507, and section 3511;
``(6) ensure that, to the extent practicable, agency data
conforms with data management best practices;
``(7) engage agency employees, the public, and contractors
in using public data assets and encourage collaborative
approaches on improving data use;
``(8) support the Performance Improvement Officer of the
agency in identifying and using data to carry out the functions
described in section 1124(a)(2) of title 31;
``(9) support the Evaluation Officer of the agency in
obtaining data to carry out the functions described in section
313(d) of title 5;
``(10) <<NOTE: Review. Coordination.>> review the impact of
the infrastructure of the agency on data asset accessibility and
coordinate with the Chief Information Officer of the agency to
improve such infrastructure to reduce barriers that inhibit data
asset accessibility;
``(11) ensure that, to the extent practicable, the agency
maximizes the use of data in the agency, including for the
[[Page 132 STAT. 5542]]
production of evidence (as defined in section 3561),
cybersecurity, and the improvement of agency operations;
``(12) identify points of contact for roles and
responsibilities related to open data use and implementation (as
required by the Director);
``(13) serve as the agency liaison to other agencies and the
Office of Management and Budget on the best way to use existing
agency data for statistical purposes (as defined in section
3561); and
``(14) <<NOTE: Compliance.>> comply with any regulation and
guidance issued under subchapter III, including the acquisition
and maintenance of any required certification and training.
``(d) Delegation of Responsibilities.--
``(1) In general.--To the extent necessary to comply with
statistical laws, the Chief Data Officer of an agency shall
delegate any responsibility under subsection (c) to the head of
a statistical agency or unit (as defined in section 3561) within
the agency.
``(2) Consultation.--To the extent permissible under law,
the individual to whom a responsibility has been delegated under
paragraph (1) shall consult with the Chief Data Officer of the
agency in carrying out such responsibility.
``(3) Deference.--The Chief Data Officer of the agency shall
defer to the individual to whom a responsibility has been
delegated under paragraph (1) regarding the necessary delegation
of such responsibility with respect to any data acquired,
maintained, or disseminated by the agency under applicable
statistical law.
``(e) Reports.--The Chief Data Officer of an agency shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the House
of Representatives an annual report on the compliance of the agency with
the requirements of this subchapter, including information on each
requirement that the agency could not carry out and, if applicable, what
the agency needs to carry out such requirement.''.
(2) Technical and conforming amendment.--The item relating
to section 3520 of the table of sections at the beginning of
chapter 35 of title 44, United States Code, <<NOTE: 44 USC 3501
prec.>> is amended to read as follows:
``3520. Chief Data Officers.''.
(f) Chief Data Officer Council.--
(1) Amendment.--Subchapter I of chapter 35 of title 44,
United States Code, is amended by inserting before section 3521
the following new section:
``Sec. 3520A. <<NOTE: 44 USC 3520A.>> Chief Data Officer Council
``(a) Establishment.--There is established in the Office of
Management and Budget a Chief Data Officer Council (in this section
referred to as the `Council').
``(b) Purpose and Functions.--The Council shall--
``(1) establish Governmentwide best practices for the use,
protection, dissemination, and generation of data;
``(2) promote and encourage data sharing agreements between
agencies;
[[Page 132 STAT. 5543]]
``(3) identify ways in which agencies can improve upon the
production of evidence for use in policymaking;
``(4) <<NOTE: Consultation.>> consult with the public and
engage with private users of Government data and other
stakeholders on how to improve access to data assets of the
Federal Government; and
``(5) identify and evaluate new technology solutions for
improving the collection and use of data.
``(c) Membership.--
``(1) In general.--The Chief Data Officer of each agency
shall serve as a member of the Council.
``(2) Chair.--The Director shall select the Chair of the
Council from among the members of the Council.
``(3) Additional members.--The Administrator of the Office
of Electronic Government shall serve as a member of the Council.
``(4) <<NOTE: Appointment.>> Ex officio member.--The
Director shall appoint a representative for all Chief
Information Officers and Evaluation Officers, and such
representative shall serve as an ex officio member of the
Council.
``(d) Reports.--The Council shall submit to the Director, the
Committee on Homeland Security and Governmental Affairs of the Senate,
and the Committee on Oversight and Government Reform of the House of
Representatives a biennial report on the work of the Council.
``(e) Evaluation and Termination.--
``(1) <<NOTE: Deadline.>> GAO evaluation of council.--Not
later than 4 years after date of the enactment of this section,
the Comptroller General shall submit to Congress a report on
whether the additional duties of the Council improved the use of
evidence and program evaluation in the Federal Government.
``(2) <<NOTE: Time period. Effective date.>> Termination of
council.--The Council shall terminate and this section shall be
repealed upon the expiration of the 2-year period that begins on
the date the Comptroller General submits the report under
paragraph (1) to Congress.''.
(2) Technical and conforming amendment.--The table of
sections at the beginning of chapter 35 of title 44, United
States Code, <<NOTE: 44 USC 3501 prec.>> is amended by
inserting before the item relating to section 3521 the following
new item:
``3520A. Chief Data Officer Council.''.
(g) Reports.--
(1) GAO report.--Not later than 3 years after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives
a report that identifies, to the extent practicable--
(A) the value of information made available to the
public as a result of this Act and the amendments made
by this Act;
(B) whether the public availability of any
information that has not yet been made so available
would be valuable to the public; and
(C) the completeness of each comprehensive data
inventory developed under section 3511 of title 44,
United States Code, as amended by subsection (d).
[[Page 132 STAT. 5544]]
(2) <<NOTE: 44 USC 3502 note.>> Biennial omb report.--Not
later than 1 year after date of the enactment of this Act, and
biennially thereafter, the Director of the Office of Management
and Budget shall electronically publish a report on agency
performance and compliance with this Act and the amendments made
by this Act.
TITLE III--CONFIDENTIAL <<NOTE: Confidential Information Protection and
Statistical Efficiency Act of 2018.>> INFORMATION PROTECTION AND
STATISTICAL EFFICIENCY
SEC. 301. <<NOTE: 44 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``Confidential Information Protection
and Statistical Efficiency Act of 2018''.
SEC. 302. CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY.
(a) <<NOTE: 44 USC 3561 prec.>> In General.--Chapter 35 of title
44, United States Code, is amended by adding at the end the following
new subchapter:
``SUBCHAPTER III--CONFIDENTIAL <<NOTE: 44 USC 3561 prec.>> INFORMATION
PROTECTION AND STATISTICAL EFFICIENCY
``PART A--GENERAL
``Sec. 3561. <<NOTE: 44 USC 3561.>> Definitions
``In this subchapter:
``(1) Agency.--The term `agency' means any entity that falls
within the definition of the term `executive agency', as defined
in section 102 of title 31, or `agency', as defined in section
3502.
``(2) Agent.--The term `agent' means an individual--
``(A)(i) who is an employee of a private
organization or a researcher affiliated with an
institution of higher learning (including a person
granted special sworn status by the Bureau of the Census
under section 23(c) of title 13), and with whom a
contract or other agreement is executed, on a temporary
basis, by an executive agency to perform exclusively
statistical activities under the control and supervision
of an officer or employee of that agency;
``(ii) who is working under the authority of a
government entity with which a contract or other
agreement is executed by an executive agency to perform
exclusively statistical activities under the control of
an officer or employee of that agency;
``(iii) who is a self-employed researcher, a
consultant, a contractor, or an employee of a
contractor, and with whom a contract or other agreement
is executed by an executive agency to perform a
statistical activity under the control of an officer or
employee of that agency; or
``(iv) who is a contractor or an employee of a
contractor, and who is engaged by the agency to design
or maintain the systems for handling or storage of data
received under this subchapter; and
[[Page 132 STAT. 5545]]
``(B) who agrees in writing to comply with all
provisions of law that affect information acquired by
that agency.
``(3) Business data.--The term `business data' means
operating and financial data and information about businesses,
tax-exempt organizations, and government entities.
``(4) Data asset.--The term `data asset' has the meaning
given that term in section 3502.
``(5) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(6) Evidence.--The term `evidence' means information
produced as a result of statistical activities conducted for a
statistical purpose.
``(7) Identifiable form.--The term `identifiable form' means
any representation of information that permits the identity of
the respondent to whom the information applies to be reasonably
inferred by either direct or indirect means.
``(8) Nonstatistical purpose.--The term `nonstatistical
purpose'--
``(A) means the use of data in identifiable form for
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; and
``(B) includes the disclosure under section 552 of
title 5 of data that are acquired for exclusively
statistical purposes under a pledge of confidentiality.
``(9) Respondent.--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 provides
that information to an agency.
``(10) Statistical activities.--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.
``(11) Statistical agency or unit.--The term `statistical
agency or unit' means an agency or organizational unit of the
executive branch whose activities are predominantly the
collection, compilation, processing, or analysis of information
for statistical purposes, as designated by the Director under
section 3562.
``(12) Statistical purpose.--The term `statistical
purpose'--
``(A) means the description, estimation, or analysis
of the characteristics of groups, without identifying
the individuals or organizations that comprise such
groups; and
[[Page 132 STAT. 5546]]
``(B) includes the development, implementation, or
maintenance of methods, technical or administrative
procedures, or information resources that support the
purposes described in subparagraph (A).
``Sec. 3562. <<NOTE: 44 USC 3562.>> Coordination and oversight of
policies
``(a) In General.--The Director shall coordinate and oversee the
confidentiality and disclosure policies established by this subchapter.
The Director may promulgate rules or provide other guidance to ensure
consistent interpretation of this subchapter by the affected
agencies. <<NOTE: Designation.>> The Director shall develop a process
by which the Director designates agencies or organizational units as
statistical agencies and units. <<NOTE: Guidance. Criteria.>> The
Director shall promulgate guidance to implement such process, which
shall include specific criteria for such designation and methods by
which the Director will ensure transparency in the process.
``(b) Agency Rules.--Subject to subsection (c), agencies may
promulgate rules to implement this subchapter. Rules governing
disclosures of information that are authorized by this subchapter shall
be promulgated by the agency that originally collected the information.
``(c) Review and Approval of Rules.--The Director shall review any
rules proposed by an agency pursuant to this subchapter for consistency
with the provisions of this chapter and such rules shall be subject to
the approval of the Director.
``(d) Reports.--
``(1) The head of each agency shall provide to the Director
such reports and other information as the Director requests.
``(2) Each Designated Statistical Agency (as defined in
section 3576(e)) shall report annually to the Director, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate on the actions it has taken
to implement section 3576. The report shall include copies of
each written agreement entered into pursuant to section
3576(c)(1) for the applicable year.
``(3) <<NOTE: Summary.>> The Director shall include a
summary of reports submitted to the Director under this
subsection and actions taken by the Director to advance the
purposes of this subchapter in the annual report to Congress on
statistical programs prepared under section 3504(e)(2).
``Sec. 3563. <<NOTE: 44 USC 3563.>> Statistical agencies
``(a) Responsibilities.--
``(1) In general.--Each statistical agency or unit shall--
``(A) produce and disseminate relevant and timely
statistical information;
``(B) conduct credible and accurate statistical
activities;
``(C) conduct objective statistical activities; and
``(D) protect the trust of information providers by
ensuring the confidentiality and exclusive statistical
use of their responses.
``(2) Policies, best practices, and procedures.--Each
statistical agency or unit shall adopt policies, best practices,
and appropriate procedures to implement the responsibilities
described in paragraph (1).
[[Page 132 STAT. 5547]]
``(b) Support From Other Agencies.--The head of each agency shall
enable, support, and facilitate statistical agencies or units in
carrying out the responsibilities described in subsection (a)(1).
``(c) Regulations.--The Director shall prescribe regulations to
carry out this section.
``(d) Definitions.--In this section:
``(1) Accurate.--The term `accurate', when used with respect
to statistical activities, means statistics that consistently
match the events and trends being measured.
``(2) Confidentiality.--The term `confidentiality' means a
quality or condition accorded to information as an obligation
not to disclose that information to an unauthorized party.
``(3) Objective.--The term `objective', when used with
respect to statistical activities, means accurate, clear,
complete, and unbiased.
``(4) Relevant.--The term `relevant', when used with respect
to statistical information, means processes, activities, and
other such matters likely to be useful to policymakers and
public and private sector data users.
``Sec. 3564. <<NOTE: 44 USC 3564.>> Effect on other laws
``(a) Title 44, United States Code.--This subchapter does not
diminish the authority under section 3510 of the Director to direct, and
of an agency to make, disclosures that are not inconsistent with any
applicable law.
``(b) Title 13 and Title 44, United States Code.--This subchapter
does not diminish the authority of the Bureau of the Census to provide
information in accordance with sections 8, 16, 301, and 401 of title 13
and section 2108 of this title.
``(c) Title 13, United States Code.--This subchapter shall not be
construed as authorizing the disclosure for nonstatistical purposes of
demographic data or information collected by the Bureau of the Census
pursuant to section 9 of title 13.
``(d) Various Energy Statutes.--Data or information acquired by the
Energy Information Administration under a pledge of confidentiality and
designated by the Energy Information Administration to be used for
exclusively statistical purposes shall not be disclosed in identifiable
form for nonstatistical purposes under--
``(1) section 12, 20, or 59 of the Federal Energy
Administration Act of 1974 (15 U.S.C. 771, 779, 790h);
``(2) section 11 of the Energy Supply and Environmental
Coordination Act of 1974 (15 U.S.C. 796); or
``(3) section 205 or 407 of the Department of Energy
Organization Act (42 U.S.C. 7135, 7177).
``(e) Section 201 of Congressional Budget Act of 1974.--This
subchapter shall not be construed to limit any authorities of the
Congressional Budget Office to work (consistent with laws governing the
confidentiality of information the disclosure of which would be a
violation of law) with databases of Designated Statistical Agencies (as
defined in section 3576(e)), either separately or, for data that may be
shared pursuant to section 3576(c) or other authority, jointly in order
to improve the general utility of these databases for the statistical
purpose of analyzing pension and health care financing issues.
``(f) Preemption of State Law.--Nothing in this subchapter shall
preempt applicable State law regarding the confidentiality of data
collected by the States.
[[Page 132 STAT. 5548]]
``(g) Statutes Regarding False Statements.--Notwithstanding section
3572, information collected by an agency for exclusively statistical
purposes under a pledge of confidentiality may be provided by the
collecting agency to a law enforcement agency for the prosecution of
submissions to the collecting agency of false statistical information
under statutes that authorize criminal penalties (such as section 221 of
title 13) or civil penalties for the provision of false statistical
information, unless such disclosure or use would otherwise be prohibited
under Federal law.
``(h) Construction.--Nothing in this subchapter shall be construed
as restricting or diminishing any confidentiality protections or
penalties for unauthorized disclosure that otherwise apply to data or
information collected for statistical purposes or nonstatistical
purposes, including, but not limited to, section 6103 of the Internal
Revenue Code of 1986.
``(i) Authority of Congress.--Nothing in this subchapter shall be
construed to affect the authority of the Congress, including its
committees, members, or agents, to obtain data or information for a
statistical purpose, including for oversight of an agency's statistical
activities.
``PART B--CONFIDENTIAL <<NOTE: 44 USC 3571 prec.>> INFORMATION
PROTECTION
``Sec. 3571. <<NOTE: 44 USC 3571.>> Findings
``The Congress finds the following:
``(1) Individuals, businesses, and other organizations have
varying degrees of legal protection when providing information
to the agencies for strictly statistical purposes.
``(2) Pledges of confidentiality by agencies provide
assurances to the public that information about individuals or
organizations or provided by individuals or organizations for
exclusively statistical purposes will be held in confidence and
will not be used against such individuals or organizations in
any agency action.
``(3) Protecting the confidentiality interests of
individuals or organizations who provide information under a
pledge of confidentiality for Federal statistical programs
serves both the interests of the public and the needs of
society.
``(4) Declining trust of the public in the protection of
information provided under a pledge of confidentiality to the
agencies adversely affects both the accuracy and completeness of
statistical analyses.
``(5) Ensuring that information provided under a pledge of
confidentiality for statistical purposes receives protection is
essential in continuing public cooperation in statistical
programs.
``Sec. 3572. <<NOTE: 44 USC 3572.>> Confidential information
protection
``(a) Purposes.--The purposes of this section are the following:
``(1) To ensure that information supplied by individuals or
organizations to an agency for statistical purposes under a
pledge of confidentiality is used exclusively for statistical
purposes.
``(2) To ensure that individuals or organizations who supply
information under a pledge of confidentiality to agencies for
statistical purposes will neither have that information
disclosed
[[Page 132 STAT. 5549]]
in identifiable form to anyone not authorized by this subchapter
nor have that information used for any purpose other than a
statistical purpose.
``(3) To safeguard the confidentiality of individually
identifiable information acquired under a pledge of
confidentiality for statistical purposes by controlling access
to, and uses made of, such information.
``(b) Use of Statistical Data or Information.--Data or information
acquired by an agency under a pledge of confidentiality and for
exclusively statistical purposes shall be used by officers, employees,
or agents of the agency exclusively for statistical purposes and
protected in accordance with such pledge.
``(c) Disclosure of Statistical Data or Information.--
``(1) Data or information acquired by an agency under a
pledge of confidentiality for exclusively statistical purposes
shall not be disclosed by an agency in identifiable form, for
any use other than an exclusively statistical purpose, except
with the informed consent of the respondent.
``(2) A disclosure pursuant to paragraph (1) is authorized
only when the head of the agency approves such disclosure and
the disclosure is not prohibited by any other law.
``(3) This section does not restrict or diminish any
confidentiality protections in law that otherwise apply to data
or information acquired by an agency under a pledge of
confidentiality for exclusively statistical purposes.
``(d) Rule for Use of Data or Information for Nonstatistical
Purposes.--A statistical <<NOTE: Notification. Public information.>>
agency or unit shall clearly distinguish any data or information it
collects for nonstatistical purposes (as authorized by law) and provide
notice to the public, before the data or information is collected, that
the data or information could be used for nonstatistical purposes.
``(e) Designation of Agents.--A statistical agency or unit may
designate agents, by contract or by entering into a special agreement
containing the provisions required under section 3561(2) for treatment
as an agent under that section, who may perform exclusively statistical
activities, subject to the limitations and penalties described in this
subchapter.
``(f) Fines and Penalties.--Whoever, being an officer, employee, or
agent of an agency acquiring information for exclusively statistical
purposes, having taken and subscribed the oath of office, or having
sworn to observe the limitations imposed by this section, comes into
possession of such information by reason of his or her being an officer,
employee, or agent and, knowing that the disclosure of the specific
information is prohibited under the provisions of this subchapter,
willfully discloses the information in any manner to a person or agency
not entitled to receive it, shall be guilty of a class E felony and
imprisoned for not more than 5 years, or fined not more than $250,000,
or both.
``PART C--STATISTICAL <<NOTE: 44 USC 3575 prec.>> EFFICIENCY
``Sec. 3575. <<NOTE: 44 USC 3575.>> Findings
``The Congress finds the following:
``(1) Federal statistics are an important source of
information for public and private decision-makers such as
policymakers, consumers, businesses, investors, and workers.
[[Page 132 STAT. 5550]]
``(2) Federal statistical agencies should continuously seek
to improve their efficiency. Statutory constraints limit the
ability of these agencies to share data and thus to achieve
higher efficiency for Federal statistical programs.
``(3) The quality of Federal statistics depends on the
willingness of businesses to respond to statistical surveys.
Reducing reporting burdens will increase response rates, and
therefore lead to more accurate characterizations of the
economy.
``(4) Enhanced sharing of business data among the Bureau of
the Census, the Bureau of Economic Analysis, and the Bureau of
Labor Statistics for exclusively statistical purposes will
improve their ability to track more accurately the large and
rapidly changing nature of United States business. In
particular, the statistical agencies will be able to better
ensure that businesses are consistently classified in
appropriate industries, resolve data anomalies, produce
statistical samples that are consistently adjusted for the entry
and exit of new businesses in a timely manner, and correct
faulty reporting errors quickly and efficiently.
``(5) Congress enacted the International Investment and
Trade in Services Survey Act (Public Law 94-472), which allowed
the Bureau of the Census, the Bureau of Economic Analysis, and
the Bureau of Labor Statistics to share data on foreign-owned
companies. The Act not only expanded detailed industry coverage
from 135 industries to over 800 industries with no increase in
the data collected from respondents but also demonstrated how
data sharing can result in the creation of valuable data
products.
``(6) With part B of this subchapter, the sharing of
business data among the Bureau of the Census, the Bureau of
Economic Analysis, and the Bureau of Labor Statistics continues
to ensure the highest level of confidentiality for respondents
to statistical surveys.
``Sec. 3576. <<NOTE: 44 USC 3576.>> Designated statistical
agencies
``(a) Purposes.--The purposes of this section are the following:
``(1) To authorize the sharing of business data among the
Bureau of the Census, the Bureau of Economic Analysis, and the
Bureau of Labor Statistics for exclusively statistical purposes.
``(2) To reduce the paperwork burdens imposed on businesses
that provide requested information to the Federal Government.
``(3) To improve the comparability and accuracy of Federal
economic statistics by allowing the Bureau of the Census, the
Bureau of Economic Analysis, and the Bureau of Labor Statistics
to update sample frames, develop consistent classifications of
establishments and companies into industries, improve coverage,
and reconcile significant differences in data produced by the
three agencies.
``(4) To increase understanding of the United States
economy, especially for key industry and regional statistics, to
develop more accurate measures of the impact of technology on
productivity growth, and to enhance the reliability of the
Nation's most important economic indicators, such as the
National Income and Product Accounts.
[[Page 132 STAT. 5551]]
``(b) Responsibilities of Designated Statistical Agencies.--The head
of each of the Designated Statistical Agencies shall--
``(1) identify opportunities to eliminate duplication and
otherwise reduce reporting burden and cost imposed on the public
in providing information for statistical purposes;
``(2) enter into joint statistical projects to improve the
quality and reduce the cost of statistical programs; and
``(3) protect the confidentiality of individually
identifiable information acquired for statistical purposes by
adhering to safeguard principles, including--
``(A) emphasizing to their officers, employees, and
agents the importance of protecting the confidentiality
of information in cases where the identity of individual
respondents can reasonably be inferred by either direct
or indirect means;
``(B) training their officers, employees, and agents
in their legal obligations to protect the
confidentiality of individually identifiable information
and in the procedures that must be followed to provide
access to such information;
``(C) implementing appropriate measures to assure
the physical and electronic security of confidential
data;
``(D) establishing a system of records that
identifies individuals accessing confidential data and
the project for which the data were required; and
``(E) being prepared to document their compliance
with safeguard principles to other agencies authorized
by law to monitor such compliance.
``(c) Sharing of Business Data Among Designated Statistical
Agencies.--
``(1) In general.--A Designated Statistical Agency may
provide business data in an identifiable form to another
Designated Statistical Agency under the terms of a written
agreement among the agencies sharing the business data that
specifies--
``(A) the business data to be shared;
``(B) the statistical purposes for which the
business data are to be used;
``(C) the officers, employees, and agents authorized
to examine the business data to be shared; and
``(D) appropriate security procedures to safeguard
the confidentiality of the business data.
``(2) Responsibilities of agencies under other laws.--The
provision of business data by an agency to a Designated
Statistical Agency under this section shall in no way alter the
responsibility of the agency providing the data under other
statutes (including sections 552 and 552b of title 5) with
respect to the provision or withholding of such information by
the agency providing the data.
``(3) Responsibilities of officers, employees, and agents.--
Examination of business data in identifiable form shall be
limited to the officers, employees, and agents authorized to
examine the individual reports in accordance with written
agreements pursuant to this section. Officers, employees, and
agents of a Designated Statistical Agency who receive data
pursuant to this section shall be subject to all provisions of
law, including penalties, that relate--
[[Page 132 STAT. 5552]]
``(A) to the unlawful provision of the business data
that would apply to the officers, employees, and agents
of the agency that originally obtained the information;
and
``(B) to the unlawful disclosure of the business
data that would apply to officers, employees, and agents
of the agency that originally obtained the information.
``(4) <<NOTE: Time period.>> Notice.--Whenever a written
agreement concerns data that respondents were required by law to
report and the respondents were not informed that the data could
be shared among the Designated Statistical Agencies, for
exclusively statistical purposes, the terms of such agreement
shall be described in a public notice issued by the agency that
intends to provide the data. Such notice shall allow a minimum
of 60 days for public comment.
``(d) Limitations on Use of Business Data Provided by Designated
Statistical Agencies.--
``(1) General use.--Business data provided by a Designated
Statistical Agency pursuant to this section shall be used
exclusively for statistical purposes.
``(2) Publication.--Publication of business data acquired by
a Designated Statistical Agency shall occur in a manner whereby
the data furnished by any particular respondent are not in
identifiable form.
``(e) Designated Statistical Agency Defined.--In this section, the
term `Designated Statistical Agency' means each of the following:
``(1) The Census Bureau of the Department of Commerce.
``(2) The Bureau of Economic Analysis of the Department of
Commerce.
``(3) The Bureau of Labor Statistics of the Department of
Labor.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 35 of title 44, United States Code, as amended by proceeding
provisions of this Act, <<NOTE: 44 USC 3501 prec.>> is further amended
by adding at the end the following:
``subchapter iii--confidential information protection and statistical
efficiency
``Part A--General
``3561. Definitions.
``3562. Coordination and oversight of policies.
``3563. Statistical agencies.
``3564. Effect on other laws.
``Part B--Confidential Information Protection
``3571. Findings.
``3572. Confidential information protection.
``Part C--Statistical Efficiency
``3575. Findings.
``3576. Designated statistical agencies.''.
(c) Conforming Amendments.--
(1) Repeal of confidential information protection and
statistical efficiency act of 2002.--Title V of the E-Government
Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 note) is
repealed (and the table of contents of such Act shall be
conformed accordingly).
[[Page 132 STAT. 5553]]
(2) Title 13, united states code.--Section 402 of title 13,
United States Code, is amended by striking ``the Confidential
Information Protection and Statistical Efficiency Act of 2002''
and inserting ``section 3576(e) of title 44''.
(3) Title 49, united states code.--Title 49, United States
Code, is amended--
(A) in section 6302(d)(4), by striking ``the
Confidential Information'' and all that follows through
the period and inserting ``section 3572 of title 44.'';
and
(B) in section 6314(d)(2), by striking ``the
Confidential Information'' and all that follows through
the period and inserting ``section 3572 of title 44.''.
(4) Act of january 27, 1938.--The first section of the Act
of January 27, 1938, entitled ``An Act to make confidential
certain information furnished to the Bureau of Foreign and
Domestic Commerce, and for other purposes'' (52 Stat. 8, chapter
11; 15 U.S.C. 176a), is amended by striking ``the Confidential
Information Protection and Statistical Efficiency Act of 2002''
and inserting ``subchapter III of chapter 35 of title 44, United
States Code''.
(5) Fixing america's surface transportation act.--Section
7308(e)(2) of the Fixing America's Surface Transportation Act
(Public Law 114-94; 49 U.S.C. 20155 note) is amended by striking
``the Confidential Information Protection and Statistical
Efficiency Act of 2002 (44 U.S.C. 3501 note)'' and inserting
``section 3572 of title 44, United States Code''.
(d) Transitional and Savings Provisions.--
(1) <<NOTE: 44 USC 3561 note.>> Cutoff date.--This title
replaces certain provisions of law enacted on December 17, 2002.
If a law enacted after that date amends or repeals a provision
replaced by this title, that law is deemed to amend or repeal,
as the case may be, the corresponding provision enacted by this
title. If a law enacted after that date is otherwise
inconsistent with this title, it supersedes this title to the
extent of the inconsistency.
(2) Original date of enactment unchanged.--For purposes of
determining whether one provision of law supersedes another
based on enactment later in time, the date of the enactment of a
provision enacted by this title is deemed to be the date of the
enactment of the provision it replaced.
(3) References to provisions replaced.--A reference to a
provision of law replaced by this title, including a reference
in a regulation, order, or other law, is deemed to refer to the
corresponding provision enacted by this title.
(4) Regulations, orders, and other administrative actions.--
A regulation, order, or other administrative action in effect
under a provision of law replaced by this title continues in
effect under the corresponding provision enacted by this title.
(5) Actions taken and offenses committed.--An action taken
or an offense committed under a provision of law replaced by
this title is deemed to have been taken or committed under the
corresponding provision enacted by this title.
SEC. 303. INCREASING ACCESS TO DATA FOR EVIDENCE.
(a) In General.--Subchapter III of chapter 35 of title 44, United
States Code, as added by section 302, is amended by adding at the end
the following new part:
[[Page 132 STAT. 5554]]
``PART D--ACCESS <<NOTE: 44 USC 3581 prec.>> TO DATA FOR EVIDENCE
``Sec. 3581. <<NOTE: 44 USC 3581.>> Presumption of accessibility
for statistical agencies and units
``(a) Accessibility of Data Assets.--The head of an agency shall, to
the extent practicable, make any data asset maintained by the agency
available, upon request, to any statistical agency or unit for purposes
of developing evidence.
``(b) Limitations.--Subsection (a) does not apply to any data asset
that is subject to a statute that--
``(1) prohibits the sharing or intended use of such asset in
a manner as to leave no discretion on the issue; or
``(2) if enacted after the date of the enactment of this
section, specifically cites to this paragraph.
``(c) Regulations.--The Director shall prescribe regulations for
agencies to carry out this section. Such regulations shall--
``(1) require the timely provision of data assets under
subsection (a);
``(2) <<NOTE: Lists.>> provide a list of statutes that
exempt agencies from the requirement under subsection (a)
pursuant to subsection (b)(1);
``(3) establish clear and consistent standards, to the
extent possible, for complying with section 552a of title 5
(commonly known as the `Privacy Act of 1974') and any other
applicable law requiring the protection and confidentiality of
individually identifiable information; and
``(4) require a transparent process for statistical agencies
and units to request data assets from agencies and for agencies
to respond to such requests.
``(d) Rule of Construction.--Nothing in this section may be
construed as altering existing intellectual property rights or the terms
of any contract or other binding, written agreement.
``Sec. 3582. <<NOTE: 44 USC 3582.>> Expanding secure access to
CIPSEA data assets
``(a) Statistical Agency Responsibilities.--To the extent
practicable, each statistical agency or unit shall expand access to data
assets of such agency or unit acquired or accessed under this subchapter
to develop evidence while protecting such assets from inappropriate
access and use, in accordance with the regulations promulgated under
subsection (b).
``(b) Regulations for Accessibility of Nonpublic Data Assets.--The
Director shall promulgate regulations, in accordance with applicable
law, for statistical agencies and units to carry out the requirement
under subsection (a). Such regulations shall include the following:
``(1) <<NOTE: Standards. Assessment. Criteria.>> Standards
for each statistical agency or unit to assess each data asset
owned or accessed by the statistical agency or unit for purposes
of categorizing the sensitivity level of each such asset and
identifying the corresponding level of accessibility to each
such asset. Such standards shall include--
``(A) common sensitivity levels and corresponding
levels of accessibility that may be assigned to a data
asset, including a requisite minimum and maximum number
of sensitivity levels for each statistical agency or
unit to use;
``(B) criteria for determining the sensitivity level
and corresponding level of accessibility of each data
asset; and
[[Page 132 STAT. 5555]]
``(C) criteria for determining whether a less
sensitive and more accessible version of a data asset
can be produced.
``(2) <<NOTE: Standards.>> Standards for each statistical
agency or unit to improve access to a data asset pursuant to
paragraph (1) or (3) by removing or obscuring information in
such a manner that the identity of the data subject is less
likely to be reasonably inferred by either direct or indirect
means.
``(3) <<NOTE: Risk assessment. Standards. Criteria.>> A
requirement for each statistical agency or unit to conduct a
comprehensive risk assessment of any data asset acquired or
accessed under this subchapter prior to any public release of
such asset, including standards for such comprehensive risk
assessment and criteria for making a determination of whether to
release the data.
``(4) Requirements for each statistical agency or unit to
make any process or assessment established, produced, or
conducted pursuant to this section transparent and easy to
understand, including the following:
``(A) A requirement to make information on the
assessment of the sensitivity level of each data asset
conducted pursuant to paragraph (1) available on the
Federal data catalogue established under section
3511(c)(1).
``(B) A requirement to make any comprehensive risk
assessment, and associated determinations, conducted
under paragraph (3) available on the Federal data
catalogue established under section 3511(c)(1).
``(C) A requirement to make any standard or policy
established by the statistical agency or unit to carry
out this section and any assessment conducted under this
section easily accessible on the public website of such
agency or unit.
``(c) <<NOTE: Public information.>> Responsibilities of the
Director.--The Director shall--
``(1) make public all standards and policies established
under this section; and
``(2) ensure that statistical agencies and units have the
ability to make information public on the Federal data catalogue
established under section 3511(c)(1), in accordance with
requirements established pursuant to subsection (b).
``Sec. 3583. <<NOTE: 44 USC 3583.>> Application to access data
assets for developing evidence
``(a) Standard Application Process.--The Director shall establish a
process through which agencies, the Congressional Budget Office, State,
local, and Tribal governments, researchers, and other individuals, as
appropriate, may apply to access the data assets accessed or acquired
under this subchapter by a statistical agency or unit for purposes of
developing evidence. The process shall include the following:
``(1) Sufficient detail to ensure that each statistical
agency or unit establishes an identical process.
``(2) A common application form.
``(3) <<NOTE: Criteria. Determination.>> Criteria for
statistical agencies and units to determine whether to grant an
applicant access to a data asset.
``(4) <<NOTE: Timeframes.>> Timeframes for prompt
determinations by each statistical agency or unit.
``(5) An appeals process for adverse decisions and
noncompliance with the process established under this
subsection.
[[Page 132 STAT. 5556]]
``(6) <<NOTE: Standards. Public information.>> Standards
for transparency, including requirements to make the following
information publicly available:
``(A) Each application received.
``(B) The status of each application.
``(C) The determination made for each application.
``(D) Any other information, as appropriate, to
ensure full transparency of the process established
under this subsection.
``(b) Consultation.--In establishing the process required under
subsection (a), the Director shall consult with stakeholders, including
the public, agencies, State and local governments, and representatives
of non-governmental researchers.
``(c) Implementation.--The head of each statistical agency or unit
shall implement the process established under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 35 of title 44, United States Code, as amended by preceding
provisions of this Act, <<NOTE: 44 USC 3501 prec.>> is further amended
by adding at the end the following:
``Part D--Access to Data for Evidence
``3581. Presumption of accessibility for statistical agencies and units.
``3582. Expanding secure access to CIPSEA data assets.
``3583. Application to access data assets for developing evidence.''.
(c) <<NOTE: Regulations. 44 USC 3561 note.>> Deadline for Guidance
and Implementation.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall promulgate or issue any regulation or guidance required by
subchapter III of title 44, United States Code, as amended by this
section, with a requirement for such regulation or guidance to be
implemented not later than 1 year after the date on which such
regulation or guidance has been promulgated or issued.
TITLE IV--GENERAL PROVISIONS
SEC. 401. <<NOTE: 5 USC 306 note.>> RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed--
(1) to require the disclosure of information or records that
are exempt from disclosure under section 552 of title 5, United
States Code (commonly known as the ``Freedom of Information
Act'');
(2) to create or expand an exemption from disclosure under
such section;
(3) to override, limit, or otherwise affect intellectual
property rights, including rights under titles 17 and 35, United
States Code;
(4) to affect the authority of a Federal agency regarding
the use, disclosure, or licensing of--
(A) confidential business information that could be
withheld under section 552(b)(4) of title 5, United
States Code; or
(B) data assets restricted from disclosure under a
contract or other binding, written agreement; or
(5) to affect the independence, responsibilities, or work
products of an Inspector General of any agency.
[[Page 132 STAT. 5557]]
SEC. 402. <<NOTE: 5 USC 306 note.>> USE OF EXISTING RESOURCES.
To the extent practicable, the head of each agency shall use
existing procedures and systems to carry out agency requirements and
shall select existing employees for appointments under this Act and the
amendments made by this Act.
SEC. 403. <<NOTE: 5 USC 306 note.>> EFFECTIVE DATE.
Except as otherwise provided, this Act, and the amendments made by
this Act, shall take effect on the date that is 180 days after the date
of the enactment of this Act.
Approved January 14, 2019.
LEGISLATIVE HISTORY--H.R. 4174:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 115-411 (Comm. on Oversight and Government Reform).
CONGRESSIONAL RECORD:
Vol. 163 (2017):
Nov. 15, considered and passed
House.
Vol. 164 (2018):
Dec. 19, considered and passed
Senate, amended.
Dec. 21, House concurred in Senate
amendment.
<all>