Text: H.R.4174 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-435 (01/14/2019)

 
[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>