[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4174 Enrolled Bill (ENR)]
H.R.4174
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To amend titles 5 and 44, United States Code, to require Federal
evaluation activities, improve Federal data management, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``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 PROVISIONS''; and
(2) by adding at the end the following:
``SUBCHAPTER II--FEDERAL EVIDENCE-BUILDING ACTIVITIES
``Sec. 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. Agency evidence-building plan
``(a) 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
``(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. Evaluation Officers
``(a) 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) 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. Statistical expertise
``(a) 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. 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) 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:
``(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) evaluate and provide recommendations to the Director on
how to facilitate data sharing, enable data linkage, and develop
privacy enhancing techniques; and
``(3) review the coordination of data sharing or availability
for evidence building across all agencies.
``(f) 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, United States Code, is amended--
(1) by inserting before the item relating to section 301 the
following:
``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) an assessment of the coverage, quality, methods,
effectiveness, and independence of the statistics, evaluation,
research, and analysis efforts of the agency, including--
``(A) 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) 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) 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
(2) if appropriate, recommends actions to further improve
agency capacity to use evaluation techniques and data to support
evaluation efforts.
(e) Evaluation and Personnel Standards.--
(1) 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) 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) 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) 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 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;
``(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;
``(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) 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 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) 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) 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.''.
(2) 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) 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) 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.
``(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) 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) 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) 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;
``(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) 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) 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) 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'. 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) 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.--
(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, 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) 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) 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) 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) 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
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) 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, 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. 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;
``(3) identify ways in which agencies can improve upon the
production of evidence for use in policymaking;
``(4) 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) 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) 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) 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, 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).
(2) 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 INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY
SEC. 301. 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) In General.--Chapter 35 of title 44, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY
``PART A--GENERAL
``Sec. 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
``(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
``(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. 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.
The Director shall develop a process by which the Director designates
agencies or organizational units as statistical agencies and units. 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) 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. 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).
``(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. 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.
``(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 INFORMATION PROTECTION
``Sec. 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. 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
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 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 EFFICIENCY
``Sec. 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.
``(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. 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.
``(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--
``(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) 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, 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).
(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) 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:
``PART D--ACCESS TO DATA FOR EVIDENCE
``Sec. 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) 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. 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) 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
``(C) criteria for determining whether a less sensitive and
more accessible version of a data asset can be produced.
``(2) 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) 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) 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. 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) Criteria for statistical agencies and units to determine
whether to grant an applicant access to a data asset.
``(4) 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.
``(6) 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, 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) 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. 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.
SEC. 402. 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. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.