[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4174 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                     December 19, 2018.
    Resolved, That the bill from the House of Representatives (H.R. 
4174) entitled ``An Act to amend titles 5 and 44, United States Code, 
to require Federal evaluation activities, improve Federal data 
management, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foundations for 
Evidence-Based Policymaking Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

             TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES

Sec. 101. Federal evidence-building activities.

                   TITLE II--OPEN GOVERNMENT DATA ACT

Sec. 201. Short title.
Sec. 202. OPEN Government data.

    TITLE III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
                               EFFICIENCY

Sec. 301. Short title.
Sec. 302. Confidential information protection and statistical 
                            efficiency.
Sec. 303. Increasing access to data for evidence.

                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Rule of construction.
Sec. 402. Use of existing resources.
Sec. 403. Effective date.

             TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES

SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVITIES.

    (a) In General.--Chapter 3 of part I of title 5, United States 
Code, is amended--
            (1) by inserting before section 301 the following:

               ``SUBCHAPTER I--GENERAL PROVISIONS''; and

            (2) by adding at the end the following:

         ``SUBCHAPTER II--FEDERAL EVIDENCE-BUILDING ACTIVITIES

``Sec. 311. Definitions
    ``In this subchapter:
            ``(1) Agency.--The term `agency' has the meaning given the 
        term `Executive agency' under section 105.
            ``(2) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(3) Evaluation.--The term `evaluation' means an 
        assessment using systematic data collection and analysis of one 
        or more programs, policies, and organizations intended to 
        assess their effectiveness and efficiency.
            ``(4) Evidence.--The term `evidence' has the meaning given 
        that term in section 3561 of title 44.
            ``(5) State.--The term `State' means each of the several 
        States, the District of Columbia, each territory or possession 
        of the United States, and each federally recognized governing 
        body of any Indian Tribe, band, nation, pueblo, or other 
        organized group or community which is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.
            ``(6) Statistical activities; statistical agency or unit; 
        statistical purpose.--The terms `statistical activities', 
        `statistical agency or unit', and `statistical purpose' have 
        the meanings given those terms in section 3561 of title 44.
``Sec. 312. Agency evidence-building plan
    ``(a) Requirement.--The head of each agency shall include in the 
strategic plan required under section 306 a systematic plan for 
identifying and addressing policy questions relevant to the programs, 
policies, and regulations of the agency. Such plan shall contain the 
following:
            ``(1) A list of policy-relevant questions for which the 
        agency intends to develop evidence to support policymaking.
            ``(2) A list of data the agency intends to collect, use, or 
        acquire to facilitate the use of evidence in policymaking.
            ``(3) A list of methods and analytical approaches that may 
        be used to develop evidence to support policymaking.
            ``(4) A list of any challenges to developing evidence to 
        support policymaking, including any statutory or other 
        restrictions to accessing relevant data.
            ``(5) A description of the steps the agency will take to 
        accomplish paragraphs (1) and (2).
            ``(6) Any other information as required by guidance issued 
        by the Director.
    ``(b) Evaluation Plan.--The head of each agency shall issue in 
conjunction with the performance plan required under section 1115(b) of 
title 31, an evaluation plan describing activities the agency plans to 
conduct pursuant to subsection (a) of this section during the fiscal 
year following the year in which the performance plan is submitted. 
Such plan shall--
            ``(1) describe key questions for each significant 
        evaluation study that the agency plans to begin in the next 
        fiscal year;
            ``(2) describe key information collections or acquisitions 
        the agency plans to begin in the next fiscal year; and
            ``(3) any other information included in guidance issued by 
        the Director under subsection (a)(6).
    ``(c) Consultation.--In developing the plan required under 
subsection (a), the head of an agency shall consult with stakeholders, 
including the public, agencies, State and local governments, and 
representatives of non-governmental researchers.
``Sec. 313. Evaluation Officers
    ``(a) Establishment.--The head of each agency shall designate a 
senior employee of the agency as the Evaluation Officer of the agency.
    ``(b) Qualifications.--The Evaluation Officer of an agency shall be 
appointed or designated without regard to political affiliation and 
based on demonstrated expertise in evaluation methodology and practices 
and appropriate expertise to the disciplines of the agency.
    ``(c) Coordination.--The Evaluation Officer of an agency shall, to 
the extent practicable, coordinate activities with agency officials 
necessary to carry out the functions required under subsection (d).
    ``(d) Functions.--The Evaluation Officer of each agency shall--
            ``(1) continually assess the coverage, quality, methods, 
        consistency, effectiveness, independence, and balance of the 
        portfolio of evaluations, policy research, and ongoing 
        evaluation activities of the agency;
            ``(2) assess agency capacity to support the development and 
        use of evaluation;
            ``(3) establish and implement an agency evaluation policy; 
        and
            ``(4) coordinate, develop, and implement the plans required 
        under section 312.
``Sec. 314. Statistical expertise
    ``(a) In General.--The head of each agency shall designate the head 
of any statistical agency or unit within the agency, or in the case of 
an agency that does not have a statistical agency or unit, any senior 
agency official with appropriate expertise, as a statistical official 
to advise on statistical policy, techniques, and procedures. Agency 
officials engaged in statistical activities may consult with any such 
statistical official as necessary.
    ``(b) Membership on Interagency Council on Statistical Policy.--
Each statistical official designated under subsection (a) shall serve 
as a member of the Interagency Council on Statistical Policy 
established under section 3504(e)(8) of title 44.
``Sec. 315. Advisory Committee on Data for Evidence Building
    ``(a) Establishment.--The Director, or the head of an agency 
designated by the Director, shall establish an Advisory Committee on 
Data for Evidence Building (in this section referred to as the 
`Advisory Committee') to review, analyze, and make recommendations on 
how to promote the use of Federal data for evidence building.
    ``(b) Membership.--The members of the Advisory Committee shall 
consist of the Chief Statistician of the United States, who shall serve 
as the Chair of the Advisory Committee, and other members appointed by 
the Director as follows:
            ``(1) One member who is an agency Chief Information 
        Officer.
            ``(2) One member who is an agency Chief Privacy Officer.
            ``(3) One member who is an agency Chief Performance 
        Officer.
            ``(4) Three members who are agency Chief Data Officers.
            ``(5) Three members who are agency Evaluation Officers.
            ``(6) Three members who are members of the Interagency 
        Council for Statistical Policy established under section 
        3504(e)(8) of title 44.
            ``(7) At least 10 members who are representatives of State 
        and local governments and nongovernmental stakeholders with 
        expertise in government data policy, privacy, technology, 
        transparency policy, evaluation and research methodologies, and 
        other relevant subjects, of whom--
                    ``(A) at least one shall have expertise in 
                transparency policy;
                    ``(B) at least one shall have expertise in privacy 
                policy;
                    ``(C) at least one shall have expertise in 
                statistical data use;
                    ``(D) at least one shall have expertise in 
                information management;
                    ``(E) at least one shall have expertise in 
                information technology; and
                    ``(F) at least one shall be from the research and 
                evaluation community.
    ``(c) Term of Service.--
            ``(1) In general.--Each member of the Advisory Committee 
        shall serve for a term of 2 years.
            ``(2) Vacancy.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of that term. A vacancy in the Commission shall 
        be filled in the manner in which the original appointment was 
        made.
    ``(d) Compensation.--Members of the Advisory Committee shall serve 
without compensation.
    ``(e) Duties.--The Advisory Committee shall--
            ``(1) assist the Director in carrying out the duties of the 
        Director under part D of subchapter III of chapter 35 of title 
        44;
            ``(2) evaluate and provide recommendations to the Director 
        on how to facilitate data sharing, enable data linkage, and 
        develop privacy enhancing techniques; and
            ``(3) review the coordination of data sharing or 
        availability for evidence building across all agencies.
    ``(f) Reports.--The Advisory Committee shall submit to the Director 
and make publicly available an annual report on the activities and 
findings of the Advisory Committee.
    ``(g) Termination.--The Advisory Committee shall terminate not 
later than two years after the date of the first meeting.''.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 3 of part I of title 5, United States Code, is amended--
            (1) by inserting before the item relating to section 301 
        the following:

                ``subchapter i--general provisions''; and

            (2) by adding at the end the following:

          ``subchapter ii--federal evidence-building activities

``311. Definitions.
``312. Agency evidence-building plan.
``313. Evaluation Officers.
``314. Statistical expertise.
``315. Advisory Committee on Data for Evidence Building.''.
    (c) Agency Strategic Plans.--Section 306(a) of title 5, United 
States Code, is amended--
            (1) in paragraph (7), by striking ``; and'' at the end and 
        inserting a semicolon;
            (2) in paragraph (8), by--
                    (A) striking the period at the end; and
                    (B) inserting after ``to be conducted'' the 
                following: ``, and citations to relevant provisions of 
                the plans required under section 312; and''; and
            (3) by adding at the end the following:
            ``(9) an assessment of the coverage, quality, methods, 
        effectiveness, and independence of the statistics, evaluation, 
        research, and analysis efforts of the agency, including--
                    ``(A) a list of the activities and operations of 
                the agency that are currently being evaluated and 
                analyzed;
                    ``(B) the extent to which the evaluations, 
                research, and analysis efforts and related activities 
                of the agency support the needs of various divisions 
                within the agency;
                    ``(C) the extent to which the evaluation research 
                and analysis efforts and related activities of the 
                agency address an appropriate balance between needs 
                related to organizational learning, ongoing program 
                management, performance management, strategic 
                management, interagency and private sector 
                coordination, internal and external oversight, and 
                accountability;
                    ``(D) the extent to which the agency uses methods 
                and combinations of methods that are appropriate to 
                agency divisions and the corresponding research 
                questions being addressed, including an appropriate 
                combination of formative and summative evaluation 
                research and analysis approaches;
                    ``(E) the extent to which evaluation and research 
                capacity is present within the agency to include 
                personnel and agency processes for planning and 
                implementing evaluation activities, disseminating best 
                practices and findings, and incorporating employee 
                views and feedback; and
                    ``(F) the extent to which the agency has the 
                capacity to assist agency staff and program offices to 
                develop the capacity to use evaluation research and 
                analysis approaches and data in the day-to-day 
                operations.''.
    (d) GAO Report.--Not later than 2 years after the date on which 
each strategic plan required under section 306(a) of title 5, United 
States Code, is published, the Comptroller General of the United States 
shall submit to Congress a report that--
            (1) summarizes agency findings and highlights trends in the 
        assessment conducted pursuant to subsection (a)(9) of section 
        306 of title 5, United States Code, as added by subsection (c); 
        and
            (2) if appropriate, recommends actions to further improve 
        agency capacity to use evaluation techniques and data to 
        support evaluation efforts.
    (e) Evaluation and Personnel Standards.--
            (1) Requirement.--Not later than 1 year after the date of 
        enactment of this Act, the Director of the Office of Management 
        and Budget, in consultation with any interagency council 
        relating to evaluation, shall--
                    (A) issue guidance for program evaluation for 
                agencies consistent with widely accepted standards for 
                evaluation; and
                    (B) identify best practices for evaluation that 
                would improve Federal program evaluation.
            (2) Guidance.--Not later than 90 days after the date on 
        which the guidance under paragraph (1) is issued, the head of 
        each agency shall oversee the implementation of such guidance.
            (3) OPM guidance.--Not later than 180 days after the date 
        on which the guidance under paragraph (1) is issued, the 
        Director of the Office of Personnel Management, in consultation 
        with the Director of the Office of Management and Budget, 
        shall--
                    (A) identify key skills and competencies needed for 
                program evaluation in an agency;
                    (B) establish a new occupational series, or update 
                and improve an existing occupational series, for 
                program evaluation within an agency; and
                    (C) establish a new career path for program 
                evaluation within an agency.
            (4) Definitions.--In this Act:
                    (A) Agency.--Except as otherwise provided, the term 
                ``agency'' has the meaning given the term ``Executive 
                agency'' under section 105.
                    (B) Evaluation.--The term ``evaluation'' has the 
                meaning given that term in section 311 of title 5, 
                United States Code, as added by subsection (a).

                   TITLE II--OPEN GOVERNMENT DATA ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Open, Public, Electronic, and 
Necessary Government Data Act'' or the ``OPEN Government Data Act''.

SEC. 202. OPEN GOVERNMENT DATA.

    (a) Definitions.--Section 3502 of title 44, United States Code, is 
amended--
            (1) in paragraph (13), by striking ``; and'' at the end and 
        inserting a semicolon;
            (2) in paragraph (14), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(15) the term `comprehensive data inventory' means the 
        inventory created under section 3511(a), but does not include 
        any underlying data asset listed on the inventory;
            ``(16) the term `data' means recorded information, 
        regardless of form or the media on which the data is recorded;
            ``(17) the term `data asset' means a collection of data 
        elements or data sets that may be grouped together;
            ``(18) the term `machine-readable', when used with respect 
        to data, means data in a format that can be easily processed by 
        a computer without human intervention while ensuring no 
        semantic meaning is lost;
            ``(19) the term `metadata' means structural or descriptive 
        information about data such as content, format, source, rights, 
        accuracy, provenance, frequency, periodicity, granularity, 
        publisher or responsible party, contact information, method of 
        collection, and other descriptions;
            ``(20) the term `open Government data asset' means a public 
        data asset that is--
                    ``(A) machine-readable;
                    ``(B) available (or could be made available) in an 
                open format;
                    ``(C) not encumbered by restrictions, other than 
                intellectual property rights, including under titles 17 
                and 35, that would impede the use or reuse of such 
                asset; and
                    ``(D) based on an underlying open standard that is 
                maintained by a standards organization;
            ``(21) the term `open license' means a legal guarantee that 
        a data asset is made available--
                    ``(A) at no cost to the public; and
                    ``(B) with no restrictions on copying, publishing, 
                distributing, transmitting, citing, or adapting such 
                asset;
            ``(22) the term `public data asset' means a data asset, or 
        part thereof, maintained by the Federal Government that has 
        been, or may be, released to the public, including any data 
        asset, or part thereof, subject to disclosure under section 552 
        of title 5; and
            ``(23) the term `statistical laws' means subchapter III of 
        this chapter and other laws pertaining to the protection of 
        information collected for statistical purposes as designated by 
        the Director.''.
    (b) Guidance to Make Data Open by Default.--Section 3504(b) of 
title 44, United States Code, is amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) issue guidance for agencies to implement section 
        3506(b)(6) in a manner that takes into account--
                    ``(A) risks and restrictions related to the 
                disclosure of personally identifiable information, 
                including the risk that an individual data asset in 
                isolation does not pose a privacy or confidentiality 
                risk but when combined with other available information 
                may pose such a risk;
                    ``(B) security considerations, including the risk 
                that information in an individual data asset in 
                isolation does not pose a security risk but when 
                combined with other available information may pose such 
                a risk;
                    ``(C) the cost and benefits to the public of 
                converting a data asset into a machine-readable format 
                that is accessible and useful to the public;
                    ``(D) whether the application of the requirements 
                described in such section to a data asset could result 
                in legal liability;
                    ``(E) a determination of whether a data asset--
                            ``(i) is subject to intellectual property 
                        rights, including rights under titles 17 and 
                        35;
                            ``(ii) contains confidential business 
                        information, that could be withheld under 
                        section 552(b)(4) of title 5; or
                            ``(iii) is otherwise restricted by contract 
                        or other binding, written agreement;
                    ``(F) the requirement that a data asset be 
                disclosed, if it would otherwise be made available 
                under section 552 of title 5 (commonly known as the 
                `Freedom of Information Act'); and
                    ``(G) any other considerations that the Director 
                determines to be relevant.''.
    (c) Federal Agency Responsibilities to Make Data Open by Default.--
            (1) Amendments.--Section 3506 of title 44, United States 
        Code, is amended--
                    (A) in subsection (b)--
                            (i) by amending paragraph (2) to read as 
                        follows:
            ``(2) in accordance with guidance by the Director, develop 
        and maintain a strategic information resources management plan 
        that, to the extent practicable--
                    ``(A) describes how information resources 
                management activities help accomplish agency missions;
                    ``(B) includes an open data plan that--
                            ``(i) requires the agency to develop 
                        processes and procedures that--
                                    ``(I) require data collection 
                                mechanisms created on or after the date 
                                of the enactment of the OPEN Government 
                                Data Act to be available in an open 
                                format; and
                                    ``(II) facilitate collaboration 
                                with non-Government entities (including 
                                businesses), researchers, and the 
                                public for the purpose of understanding 
                                how data users value and use government 
                                data;
                            ``(ii) identifies and implements methods 
                        for collecting and analyzing digital 
                        information on data asset usage by users within 
                        and outside of the agency, including 
                        designating a point of contact within the 
                        agency to assist the public and to respond to 
                        quality issues, usability issues, 
                        recommendations for improvements, and 
                        complaints about adherence to open data 
                        requirements within a reasonable period of 
                        time;
                            ``(iii) develops and implements a process 
                        to evaluate and improve the timeliness, 
                        completeness, consistency, accuracy, 
                        usefulness, and availability of open Government 
                        data assets;
                            ``(iv) includes requirements for meeting 
                        the goals of the agency open data plan, 
                        including the acquisition of technology, 
                        provision of training for employees, and the 
                        implementation of procurement standards, in 
                        accordance with existing law, regulation, and 
                        policy, that allow for the acquisition of 
                        innovative solutions from public and private 
                        sectors;
                            ``(v) identifies as priority data assets 
                        any data asset for which disclosure would be in 
                        the public interest and establishes a plan to 
                        evaluate each priority data asset for 
                        disclosure on the Federal Data Catalogue under 
                        section 3511 and for a determination under 
                        3511(a)(2)(A)(iii)(I)(bb), including an 
                        accounting of which priority data assets have 
                        not yet been evaluated; and
                            ``(vi) requires the agency to comply with 
                        requirements under section 3511, including any 
                        standards established by the Director under 
                        such section, when disclosing a data asset 
                        pursuant to such section; and
                    ``(C) is updated annually and made publicly 
                available on the website of the agency not later than 5 
                days after each such update;'';
                            (ii) in paragraph (4), by striking ``; 
                        and'' and inserting a semicolon;
                            (iii) in paragraph (5), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following new 
                        paragraph:
            ``(6) in accordance with guidance by the Director--
                    ``(A) make each data asset of the agency available 
                in an open format; and
                    ``(B) make each public data asset of the agency 
                available--
                            ``(i) as an open Government data asset; and
                            ``(ii) under an open license.''; and
                    (B) in subsection (d)--
                            (i) in paragraph (3), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (4), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following 
                        new paragraphs:
            ``(5) ensure that any public data asset of the agency is 
        machine-readable; and
            ``(6) engage the public in using public data assets of the 
        agency and encourage collaboration by--
                    ``(A) publishing on the website of the agency, on a 
                regular basis (not less than annually), information on 
                the usage of such assets by non-Government users;
                    ``(B) providing the public with the opportunity to 
                request specific data assets to be prioritized for 
                disclosure and to provide suggestions for the 
                development of agency criteria with respect to 
                prioritizing data assets for disclosure;
                    ``(C) assisting the public in expanding the use of 
                public data assets; and
                    ``(D) hosting challenges, competitions, events, or 
                other initiatives designed to create additional value 
                from public data assets of the agency.''.
            (2) Use of open data assets.--Not later than 1 year after 
        the date of the enactment of this Act, the head of each agency 
        (as defined in section 3502 of title 44, United States Code) 
        shall ensure that any activity by the agency meets the 
        requirements of section 3506 of title 44, United States Code, 
        as amended by this subsection.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date that is 1 year after the date of 
        the enactment of this Act.
    (d) Data Inventory and Federal Data Catalogue.--
            (1) Amendment.--Section 3511 of title 44, United States 
        Code, is amended to read as follows:
``Sec. 3511. Data inventory and Federal data catalogue
    ``(a) Comprehensive Data Inventory.--
            ``(1) In general.--In consultation with the Director and in 
        accordance with the guidance established under paragraph (2), 
        the head of each agency shall, to the maximum extent 
        practicable, develop and maintain a comprehensive data 
        inventory that accounts for all data assets created by, 
        collected by, under the control or direction of, or maintained 
        by the agency. The head of each agency shall ensure that such 
        inventory provides a clear and comprehensive understanding of 
        the data assets in the possession of the agency.
            ``(2) Guidance.--The Director shall establish guidance for 
        agencies to develop and maintain comprehensive data inventories 
        under paragraph (1). Such guidance shall include the following:
                    ``(A) A requirement for the head of an agency to 
                include in the comprehensive data inventory metadata on 
                each data asset of the agency, including, to the 
                maximum extent practicable, the following:
                            ``(i) A description of the data asset, 
                        including all variable names and definitions.
                            ``(ii) The name or title of the data asset.
                            ``(iii) An indication of whether or not the 
                        agency--
                                    ``(I) has determined or can 
                                determine if the data asset is--
                                            ``(aa) an open Government 
                                        data asset;
                                            ``(bb) subject to 
                                        disclosure or partial 
                                        disclosure or exempt from 
                                        disclosure under section 552 of 
                                        title 5;
                                            ``(cc) a public data asset 
                                        eligible for disclosure under 
                                        subsection (b); or
                                            ``(dd) a data asset not 
                                        subject to open format or open 
                                        license requirements due to 
                                        existing limitations or 
                                        restrictions on government 
                                        distribution of the asset; or
                                    ``(II) as of the date of such 
                                indication, has not made such 
                                determination.
                            ``(iv) Any determination made under section 
                        3582, if available.
                            ``(v) A description of the method by which 
                        the public may access or request access to the 
                        data asset.
                            ``(vi) The date on which the data asset was 
                        most recently updated.
                            ``(vii) Each agency responsible for 
                        maintaining the data asset.
                            ``(viii) The owner of the data asset.
                            ``(ix) To the extent practicable, any 
                        restriction on the use of the data asset.
                            ``(x) The location of the data asset.
                            ``(xi) Any other metadata necessary to make 
                        the comprehensive data inventory useful to the 
                        agency and the public, or otherwise determined 
                        useful by the Director.
                    ``(B) A requirement for the head of an agency to 
                exclude from the comprehensive data inventory any data 
                asset contained on a national security system, as 
                defined in section 11103 of title 40.
                    ``(C) Criteria for the head of an agency to use in 
                determining which metadata required by subparagraph 
                (A), if any, in the comprehensive data inventory may 
                not be made publicly available, which shall include, at 
                a minimum, a requirement to ensure all information that 
                could not otherwise be withheld from disclosure under 
                section 552 of title 5 is made public in the 
                comprehensive data inventory.
                    ``(D) A requirement for the head of each agency, in 
                accordance with a procedure established by the 
                Director, to submit for inclusion in the Federal data 
                catalogue maintained under subsection (c) the 
                comprehensive data inventory developed pursuant to 
                subparagraph (C), including any real-time updates to 
                such inventory, and data assets made available in 
                accordance with subparagraph (E) or any electronic 
                hyperlink providing access to such data assets.
                    ``(E) Criteria for the head of an agency to use in 
                determining whether a particular data asset should not 
                be made publicly available in a manner that takes into 
                account--
                            ``(i) risks and restrictions related to the 
                        disclosure of personally identifiable 
                        information, including the risk that an 
                        individual data asset in isolation does not 
                        pose a privacy or confidentiality risk but when 
                        combined with other available information may 
                        pose such a risk;
                            ``(ii) security considerations, including 
                        the risk that information in an individual data 
                        asset in isolation does not pose a security 
                        risk but when combined with other available 
                        information may pose such a risk;
                            ``(iii) the cost and benefits to the public 
                        of converting the data into a format that could 
                        be understood and used by the public;
                            ``(iv) whether the public dissemination of 
                        the data asset could result in legal liability;
                            ``(v) whether the data asset--
                                    ``(I) is subject to intellectual 
                                property rights, including rights under 
                                titles 17 and 35;
                                    ``(II) contains confidential 
                                business information, that could be 
                                withheld under section 552(b)(4) of 
                                title 5; or
                                    ``(III) is restricted by contract 
                                or other binding, written agreement;
                            ``(vi) whether the holder of a right to 
                        such data asset has been consulted;
                            ``(vii) the expectation that all data 
                        assets that would otherwise be made available 
                        under section 552 of title 5 be disclosed; and
                            ``(viii) any other considerations that the 
                        Director determines to be relevant.
                    ``(F) Criteria for the head of an agency to use in 
                assessing the indication of a determination under 
                subparagraph (A)(iii) and how to prioritize any such 
                subsequent determinations in the strategic information 
                management plan under section 3506, in consideration of 
                the existing resources available to the agency.
            ``(3) Regular updates required.--With respect to each data 
        asset created or identified by an agency, the head of the 
        agency shall update the comprehensive data inventory of the 
        agency not later than 90 days after the date of such creation 
        or identification.
    ``(b) Public Data Assets.--The head of each agency shall submit 
public data assets, or links to public data assets available online, as 
open Government data assets for inclusion in the Federal data catalogue 
maintained under subsection (c), in accordance with the guidance 
established under subsection (a)(2).
    ``(c) Federal Data Catalogue.--
            ``(1) In general.--The Administrator of General Services 
        shall maintain a single public interface online as a point of 
        entry dedicated to sharing agency data assets with the public, 
        which shall be known as the `Federal data catalogue'. The 
        Administrator and the Director shall ensure that agencies can 
        submit public data assets, or links to public data assets, for 
        publication and public availability on the interface.
            ``(2) Repository.--The Director shall collaborate with the 
        Office of Government Information Services and the Administrator 
        of General Services to develop and maintain an online 
        repository of tools, best practices, and schema standards to 
        facilitate the adoption of open data practices across the 
        Federal Government, which shall--
                    ``(A) include any definitions, regulations, 
                policies, checklists, and case studies related to open 
                data policy;
                    ``(B) facilitate collaboration and the adoption of 
                best practices across the Federal Government relating 
                to the adoption of open data practices; and
                    ``(C) be made available on the Federal data 
                catalogue maintained under paragraph (1).
            ``(3) Access to other data assets.--The Director shall 
        ensure the Federal data catalogue maintained under paragraph 
        (1) provides information on how the public can access a data 
        asset included in a comprehensive data inventory under 
        subsection (a) that is not yet available on the Federal data 
        catalogue, including information regarding the application 
        process established under section 3583 of title 44.
    ``(d) Delegation.--The Director shall delegate to the Administrator 
of the Office of Information and Regulatory Affairs and the 
Administrator of the Office of Electronic Government the authority to 
jointly issue guidance required under this section.''.
            (2) Technical and conforming amendments.--
                    (A) Table of sections.--The item relating to 
                section 3511 of the table of sections at the beginning 
                of chapter 35 of title 44, United States Code, is 
                amended to read as follows:

``3511. Data inventory and Federal data catalogue.''.
                    (B) Cross-reference.--Section 3504(b)(2)(A) of 
                title 44, United States Code, is amended by striking 
                ``the use of the Government Information Locator 
                Service'' and inserting ``the use of comprehensive data 
                inventories and the Federal data catalogue under 
                section 3511''.
    (e) Chief Data Officers.--
            (1) Amendment.--Section 3520 of title 44, United States 
        Code, is amended to read as follows:
``Sec. 3520. Chief Data Officers
    ``(a) Establishment.--The head of each agency shall designate a 
career appointee (as defined in section 3132 of title 5) in the agency 
as the Chief Data Officer of the agency.
    ``(b) Qualifications.--The Chief Data Officer of an agency shall be 
designated on the basis of demonstrated training and experience in data 
management, governance (including creation, application, and 
maintenance of data standards), collection, analysis, protection, use, 
and dissemination, including with respect to any statistical and 
related techniques to protect and de-identify confidential data.
    ``(c) Functions.--The Chief Data Officer of an agency shall--
            ``(1) be responsible for lifecycle data management;
            ``(2) coordinate with any official in the agency 
        responsible for using, protecting, disseminating, and 
        generating data to ensure that the data needs of the agency are 
        met;
            ``(3) manage data assets of the agency, including the 
        standardization of data format, sharing of data assets, and 
        publication of data assets in accordance with applicable law;
            ``(4) in carrying out the requirements under paragraphs (3) 
        and (5), consult with any statistical official of the agency 
        (as designated under section 314 of title 5);
            ``(5) carry out the requirements of the agency under 
        subsections (b) through (d), (f), and (i) of section 3506, 
        section 3507, and section 3511;
            ``(6) ensure that, to the extent practicable, agency data 
        conforms with data management best practices;
            ``(7) engage agency employees, the public, and contractors 
        in using public data assets and encourage collaborative 
        approaches on improving data use;
            ``(8) support the Performance Improvement Officer of the 
        agency in identifying and using data to carry out the functions 
        described in section 1124(a)(2) of title 31;
            ``(9) support the Evaluation Officer of the agency in 
        obtaining data to carry out the functions described in section 
        313(d) of title 5;
            ``(10) review the impact of the infrastructure of the 
        agency on data asset accessibility and coordinate with the 
        Chief Information Officer of the agency to improve such 
        infrastructure to reduce barriers that inhibit data asset 
        accessibility;
            ``(11) ensure that, to the extent practicable, the agency 
        maximizes the use of data in the agency, including for the 
        production of evidence (as defined in section 3561), 
        cybersecurity, and the improvement of agency operations;
            ``(12) identify points of contact for roles and 
        responsibilities related to open data use and implementation 
        (as required by the Director);
            ``(13) serve as the agency liaison to other agencies and 
        the Office of Management and Budget on the best way to use 
        existing agency data for statistical purposes (as defined in 
        section 3561); and
            ``(14) comply with any regulation and guidance issued under 
        subchapter III, including the acquisition and maintenance of 
        any required certification and training.
    ``(d) Delegation of Responsibilities.--
            ``(1) In general.--To the extent necessary to comply with 
        statistical laws, the Chief Data Officer of an agency shall 
        delegate any responsibility under subsection (c) to the head of 
        a statistical agency or unit (as defined in section 3561) 
        within the agency.
            ``(2) Consultation.--To the extent permissible under law, 
        the individual to whom a responsibility has been delegated 
        under paragraph (1) shall consult with the Chief Data Officer 
        of the agency in carrying out such responsibility.
            ``(3) Deference.--The Chief Data Officer of the agency 
        shall defer to the individual to whom a responsibility has been 
        delegated under paragraph (1) regarding the necessary 
        delegation of such responsibility with respect to any data 
        acquired, maintained, or disseminated by the agency under 
        applicable statistical law.
    ``(e) Reports.--The Chief Data Officer of an agency shall submit to 
the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Oversight and Government Reform of the 
House of Representatives an annual report on the compliance of the 
agency with the requirements of this subchapter, including information 
on each requirement that the agency could not carry out and, if 
applicable, what the agency needs to carry out such requirement.''.
            (2) Technical and conforming amendment.--The item relating 
        to section 3520 of the table of sections at the beginning of 
        chapter 35 of title 44, United States Code, is amended to read 
        as follows:

``3520. Chief Data Officers.''.
    (f) Chief Data Officer Council.--
            (1) Amendment.--Subchapter I of chapter 35 of title 44, 
        United States Code, is amended by inserting before section 3521 
        the following new section:
``Sec. 3520A. Chief Data Officer Council
    ``(a) Establishment.--There is established in the Office of 
Management and Budget a Chief Data Officer Council (in this section 
referred to as the `Council').
    ``(b) Purpose and Functions.--The Council shall--
            ``(1) establish Governmentwide best practices for the use, 
        protection, dissemination, and generation of data;
            ``(2) promote and encourage data sharing agreements between 
        agencies;
            ``(3) identify ways in which agencies can improve upon the 
        production of evidence for use in policymaking;
            ``(4) consult with the public and engage with private users 
        of Government data and other stakeholders on how to improve 
        access to data assets of the Federal Government; and
            ``(5) identify and evaluate new technology solutions for 
        improving the collection and use of data.
    ``(c) Membership.--
            ``(1) In general.--The Chief Data Officer of each agency 
        shall serve as a member of the Council.
            ``(2) Chair.--The Director shall select the Chair of the 
        Council from among the members of the Council.
            ``(3) Additional members.--The Administrator of the Office 
        of Electronic Government shall serve as a member of the 
        Council.
            ``(4) Ex officio member.--The Director shall appoint a 
        representative for all Chief Information Officers and 
        Evaluation Officers, and such representative shall serve as an 
        ex officio member of the Council.
    ``(d) Reports.--The Council shall submit to the Director, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and the Committee on Oversight and Government Reform of the House of 
Representatives a biennial report on the work of the Council.
    ``(e) Evaluation and Termination.--
            ``(1) GAO evaluation of council.--Not later than 4 years 
        after date of the enactment of this section, the Comptroller 
        General shall submit to Congress a report on whether the 
        additional duties of the Council improved the use of evidence 
        and program evaluation in the Federal Government.
            ``(2) Termination of council.--The Council shall terminate 
        and this section shall be repealed upon the expiration of the 
        2-year period that begins on the date the Comptroller General 
        submits the report under paragraph (1) to Congress.''.
            (2) Technical and conforming amendment.--The table of 
        sections at the beginning of chapter 35 of title 44, United 
        States Code, is amended by inserting before the item relating 
        to section 3521 the following new item:

``3520A. Chief Data Officer Council.''.
    (g) Reports.--
            (1) GAO report.--Not later than 3 years after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Oversight and Government Reform of the House of 
        Representatives a report that identifies, to the extent 
        practicable--
                    (A) the value of information made available to the 
                public as a result of this Act and the amendments made 
                by this Act;
                    (B) whether the public availability of any 
                information that has not yet been made so available 
                would be valuable to the public; and
                    (C) the completeness of each comprehensive data 
                inventory developed under section 3511 of title 44, 
                United States Code, as amended by subsection (d).
            (2) Biennial omb report.--Not later than 1 year after date 
        of the enactment of this Act, and biennially thereafter, the 
        Director of the Office of Management and Budget shall 
        electronically publish a report on agency performance and 
        compliance with this Act and the amendments made by this Act.

    TITLE III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
                               EFFICIENCY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Confidential Information 
Protection and Statistical Efficiency Act of 2018''.

SEC. 302. CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
              EFFICIENCY.

    (a) In General.--Chapter 35 of title 44, United States Code, is 
amended by adding at the end the following new subchapter:

 ``SUBCHAPTER III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
                               EFFICIENCY

                           ``PART A--GENERAL

``Sec. 3561. Definitions
    ``In this subchapter:
            ``(1) Agency.--The term `agency' means any entity that 
        falls within the definition of the term `executive agency', as 
        defined in section 102 of title 31, or `agency', as defined in 
        section 3502.
            ``(2) Agent.--The term `agent' means an individual--
                    ``(A)(i) who is an employee of a private 
                organization or a researcher affiliated with an 
                institution of higher learning (including a person 
                granted special sworn status by the Bureau of the 
                Census under section 23(c) of title 13), and with whom 
                a contract or other agreement is executed, on a 
                temporary basis, by an executive agency to perform 
                exclusively statistical activities under the control 
                and supervision of an officer or employee of that 
                agency;
                    ``(ii) who is working under the authority of a 
                government entity with which a contract or other 
                agreement is executed by an executive agency to perform 
                exclusively statistical activities under the control of 
                an officer or employee of that agency;
                    ``(iii) who is a self-employed researcher, a 
                consultant, a contractor, or an employee of a 
                contractor, and with whom a contract or other agreement 
                is executed by an executive agency to perform a 
                statistical activity under the control of an officer or 
                employee of that agency; or
                    ``(iv) who is a contractor or an employee of a 
                contractor, and who is engaged by the agency to design 
                or maintain the systems for handling or storage of data 
                received under this subchapter; and
                    ``(B) who agrees in writing to comply with all 
                provisions of law that affect information acquired by 
                that agency.
            ``(3) Business data.--The term `business data' means 
        operating and financial data and information about businesses, 
        tax-exempt organizations, and government entities.
            ``(4) Data asset.--The term `data asset' has the meaning 
        given that term in section 3502.
            ``(5) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(6) Evidence.--The term `evidence' means information 
        produced as a result of statistical activities conducted for a 
        statistical purpose.
            ``(7) Identifiable form.--The term `identifiable form' 
        means any representation of information that permits the 
        identity of the respondent to whom the information applies to 
        be reasonably inferred by either direct or indirect means.
            ``(8) Nonstatistical purpose.--The term `nonstatistical 
        purpose'--
                    ``(A) means the use of data in identifiable form 
                for any purpose that is not a statistical purpose, 
                including any administrative, regulatory, law 
                enforcement, adjudicatory, or other purpose that 
                affects the rights, privileges, or benefits of a 
                particular identifiable respondent; and
                    ``(B) includes the disclosure under section 552 of 
                title 5 of data that are acquired for exclusively 
                statistical purposes under a pledge of confidentiality.
            ``(9) Respondent.--The term `respondent' means a person 
        who, or organization that, is requested or required to supply 
        information to an agency, is the subject of information 
        requested or required to be supplied to an agency, or provides 
        that information to an agency.
            ``(10) Statistical activities.--The term `statistical 
        activities'--
                    ``(A) means the collection, compilation, 
                processing, or analysis of data for the purpose of 
                describing or making estimates concerning the whole, or 
                relevant groups or components within, the economy, 
                society, or the natural environment; and
                    ``(B) includes the development of methods or 
                resources that support those activities, such as 
                measurement methods, models, statistical 
                classifications, or sampling frames.
            ``(11) Statistical agency or unit.--The term `statistical 
        agency or unit' means an agency or organizational unit of the 
        executive branch whose activities are predominantly the 
        collection, compilation, processing, or analysis of information 
        for statistical purposes, as designated by the Director under 
        section 3562.
            ``(12) Statistical purpose.--The term `statistical 
        purpose'--
                    ``(A) means the description, estimation, or 
                analysis of the characteristics of groups, without 
                identifying the individuals or organizations that 
                comprise such groups; and
                    ``(B) includes the development, implementation, or 
                maintenance of methods, technical or administrative 
                procedures, or information resources that support the 
                purposes described in subparagraph (A).
``Sec. 3562. Coordination and oversight of policies
    ``(a) In General.--The Director shall coordinate and oversee the 
confidentiality and disclosure policies established by this subchapter. 
The Director may promulgate rules or provide other guidance to ensure 
consistent interpretation of this subchapter by the affected agencies. 
The Director shall develop a process by which the Director designates 
agencies or organizational units as statistical agencies and units. The 
Director shall promulgate guidance to implement such process, which 
shall include specific criteria for such designation and methods by 
which the Director will ensure transparency in the process.
    ``(b) Agency Rules.--Subject to subsection (c), agencies may 
promulgate rules to implement this subchapter. Rules governing 
disclosures of information that are authorized by this subchapter shall 
be promulgated by the agency that originally collected the information.
    ``(c) Review and Approval of Rules.--The Director shall review any 
rules proposed by an agency pursuant to this subchapter for consistency 
with the provisions of this chapter and such rules shall be subject to 
the approval of the Director.
    ``(d) Reports.--
            ``(1) The head of each agency shall provide to the Director 
        such reports and other information as the Director requests.
            ``(2) Each Designated Statistical Agency (as defined in 
        section 3576(e)) shall report annually to the Director, the 
        Committee on Oversight and Government Reform of the House of 
        Representatives, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate on the actions it has taken 
        to implement section 3576. The report shall include copies of 
        each written agreement entered into pursuant to section 
        3576(c)(1) for the applicable year.
            ``(3) The Director shall include a summary of reports 
        submitted to the Director under this subsection and actions 
        taken by the Director to advance the purposes of this 
        subchapter in the annual report to Congress on statistical 
        programs prepared under section 3504(e)(2).
``Sec. 3563. Statistical agencies
    ``(a) Responsibilities.--
            ``(1) In general.--Each statistical agency or unit shall--
                    ``(A) produce and disseminate relevant and timely 
                statistical information;
                    ``(B) conduct credible and accurate statistical 
                activities;
                    ``(C) conduct objective statistical activities; and
                    ``(D) protect the trust of information providers by 
                ensuring the confidentiality and exclusive statistical 
                use of their responses.
            ``(2) Policies, best practices, and procedures.--Each 
        statistical agency or unit shall adopt policies, best 
        practices, and appropriate procedures to implement the 
        responsibilities described in paragraph (1).
    ``(b) Support From Other Agencies.--The head of each agency shall 
enable, support, and facilitate statistical agencies or units in 
carrying out the responsibilities described in subsection (a)(1).
    ``(c) Regulations.--The Director shall prescribe regulations to 
carry out this section.
    ``(d) Definitions.--In this section:
            ``(1) Accurate.--The term `accurate', when used with 
        respect to statistical activities, means statistics that 
        consistently match the events and trends being measured.
            ``(2) Confidentiality.--The term `confidentiality' means a 
        quality or condition accorded to information as an obligation 
        not to disclose that information to an unauthorized party.
            ``(3) Objective.--The term `objective', when used with 
        respect to statistical activities, means accurate, clear, 
        complete, and unbiased.
            ``(4) Relevant.--The term `relevant', when used with 
        respect to statistical information, means processes, 
        activities, and other such matters likely to be useful to 
        policymakers and public and private sector data users.
``Sec. 3564. Effect on other laws
    ``(a) Title 44, United States Code.--This subchapter does not 
diminish the authority under section 3510 of the Director to direct, 
and of an agency to make, disclosures that are not inconsistent with 
any applicable law.
    ``(b) Title 13 and Title 44, United States Code.--This subchapter 
does not diminish the authority of the Bureau of the Census to provide 
information in accordance with sections 8, 16, 301, and 401 of title 13 
and section 2108 of this title.
    ``(c) Title 13, United States Code.--This subchapter shall not be 
construed as authorizing the disclosure for nonstatistical purposes of 
demographic data or information collected by the Bureau of the Census 
pursuant to section 9 of title 13.
    ``(d) Various Energy Statutes.--Data or information acquired by the 
Energy Information Administration under a pledge of confidentiality and 
designated by the Energy Information Administration to be used for 
exclusively statistical purposes shall not be disclosed in identifiable 
form for nonstatistical purposes under--
            ``(1) section 12, 20, or 59 of the Federal Energy 
        Administration Act of 1974 (15 U.S.C. 771, 779, 790h);
            ``(2) section 11 of the Energy Supply and Environmental 
        Coordination Act of 1974 (15 U.S.C. 796); or
            ``(3) section 205 or 407 of the Department of Energy 
        Organization Act (42 U.S.C. 7135, 7177).
    ``(e) Section 201 of Congressional Budget Act of 1974.--This 
subchapter shall not be construed to limit any authorities of the 
Congressional Budget Office to work (consistent with laws governing the 
confidentiality of information the disclosure of which would be a 
violation of law) with databases of Designated Statistical Agencies (as 
defined in section 3576(e)), either separately or, for data that may be 
shared pursuant to section 3576(c) or other authority, jointly in order 
to improve the general utility of these databases for the statistical 
purpose of analyzing pension and health care financing issues.
    ``(f) Preemption of State Law.--Nothing in this subchapter shall 
preempt applicable State law regarding the confidentiality of data 
collected by the States.
    ``(g) Statutes Regarding False Statements.--Notwithstanding section 
3572, information collected by an agency for exclusively statistical 
purposes under a pledge of confidentiality may be provided by the 
collecting agency to a law enforcement agency for the prosecution of 
submissions to the collecting agency of false statistical information 
under statutes that authorize criminal penalties (such as section 221 
of title 13) or civil penalties for the provision of false statistical 
information, unless such disclosure or use would otherwise be 
prohibited under Federal law.
    ``(h) Construction.--Nothing in this subchapter shall be construed 
as restricting or diminishing any confidentiality protections or 
penalties for unauthorized disclosure that otherwise apply to data or 
information collected for statistical purposes or nonstatistical 
purposes, including, but not limited to, section 6103 of the Internal 
Revenue Code of 1986.
    ``(i) Authority of Congress.--Nothing in this subchapter shall be 
construed to affect the authority of the Congress, including its 
committees, members, or agents, to obtain data or information for a 
statistical purpose, including for oversight of an agency's statistical 
activities.

             ``PART B--CONFIDENTIAL INFORMATION PROTECTION

``Sec. 3571. Findings
    ``The Congress finds the following:
            ``(1) Individuals, businesses, and other organizations have 
        varying degrees of legal protection when providing information 
        to the agencies for strictly statistical purposes.
            ``(2) Pledges of confidentiality by agencies provide 
        assurances to the public that information about individuals or 
        organizations or provided by individuals or organizations for 
        exclusively statistical purposes will be held in confidence and 
        will not be used against such individuals or organizations in 
        any agency action.
            ``(3) Protecting the confidentiality interests of 
        individuals or organizations who provide information under a 
        pledge of confidentiality for Federal statistical programs 
        serves both the interests of the public and the needs of 
        society.
            ``(4) Declining trust of the public in the protection of 
        information provided under a pledge of confidentiality to the 
        agencies adversely affects both the accuracy and completeness 
        of statistical analyses.
            ``(5) Ensuring that information provided under a pledge of 
        confidentiality for statistical purposes receives protection is 
        essential in continuing public cooperation in statistical 
        programs.
``Sec. 3572. Confidential information protection
    ``(a) Purposes.--The purposes of this section are the following:
            ``(1) To ensure that information supplied by individuals or 
        organizations to an agency for statistical purposes under a 
        pledge of confidentiality is used exclusively for statistical 
        purposes.
            ``(2) To ensure that individuals or organizations who 
        supply information under a pledge of confidentiality to 
        agencies for statistical purposes will neither have that 
        information disclosed in identifiable form to anyone not 
        authorized by this subchapter nor have that information used 
        for any purpose other than a statistical purpose.
            ``(3) To safeguard the confidentiality of individually 
        identifiable information acquired under a pledge of 
        confidentiality for statistical purposes by controlling access 
        to, and uses made of, such information.
    ``(b) Use of Statistical Data or Information.--Data or information 
acquired by an agency under a pledge of confidentiality and for 
exclusively statistical purposes shall be used by officers, employees, 
or agents of the agency exclusively for statistical purposes and 
protected in accordance with such pledge.
    ``(c) Disclosure of Statistical Data or Information.--
            ``(1) Data or information acquired by an agency under a 
        pledge of confidentiality for exclusively statistical purposes 
        shall not be disclosed by an agency in identifiable form, for 
        any use other than an exclusively statistical purpose, except 
        with the informed consent of the respondent.
            ``(2) A disclosure pursuant to paragraph (1) is authorized 
        only when the head of the agency approves such disclosure and 
        the disclosure is not prohibited by any other law.
            ``(3) This section does not restrict or diminish any 
        confidentiality protections in law that otherwise apply to data 
        or information acquired by an agency under a pledge of 
        confidentiality for exclusively statistical purposes.
    ``(d) Rule for Use of Data or Information for Nonstatistical 
Purposes.--A statistical agency or unit shall clearly distinguish any 
data or information it collects for nonstatistical purposes (as 
authorized by law) and provide notice to the public, before the data or 
information is collected, that the data or information could be used 
for nonstatistical purposes.
    ``(e) Designation of Agents.--A statistical agency or unit may 
designate agents, by contract or by entering into a special agreement 
containing the provisions required under section 3561(2) for treatment 
as an agent under that section, who may perform exclusively statistical 
activities, subject to the limitations and penalties described in this 
subchapter.
    ``(f) Fines and Penalties.--Whoever, being an officer, employee, or 
agent of an agency acquiring information for exclusively statistical 
purposes, having taken and subscribed the oath of office, or having 
sworn to observe the limitations imposed by this section, comes into 
possession of such information by reason of his or her being an 
officer, employee, or agent and, knowing that the disclosure of the 
specific information is prohibited under the provisions of this 
subchapter, willfully discloses the information in any manner to a 
person or agency not entitled to receive it, shall be guilty of a class 
E felony and imprisoned for not more than 5 years, or fined not more 
than $250,000, or both.

                    ``PART C--STATISTICAL EFFICIENCY

``Sec. 3575. Findings
    ``The Congress finds the following:
            ``(1) Federal statistics are an important source of 
        information for public and private decision-makers such as 
        policymakers, consumers, businesses, investors, and workers.
            ``(2) Federal statistical agencies should continuously seek 
        to improve their efficiency. Statutory constraints limit the 
        ability of these agencies to share data and thus to achieve 
        higher efficiency for Federal statistical programs.
            ``(3) The quality of Federal statistics depends on the 
        willingness of businesses to respond to statistical surveys. 
        Reducing reporting burdens will increase response rates, and 
        therefore lead to more accurate characterizations of the 
        economy.
            ``(4) Enhanced sharing of business data among the Bureau of 
        the Census, the Bureau of Economic Analysis, and the Bureau of 
        Labor Statistics for exclusively statistical purposes will 
        improve their ability to track more accurately the large and 
        rapidly changing nature of United States business. In 
        particular, the statistical agencies will be able to better 
        ensure that businesses are consistently classified in 
        appropriate industries, resolve data anomalies, produce 
        statistical samples that are consistently adjusted for the 
        entry and exit of new businesses in a timely manner, and 
        correct faulty reporting errors quickly and efficiently.
            ``(5) Congress enacted the International Investment and 
        Trade in Services Survey Act (Public Law 94-472), which allowed 
        the Bureau of the Census, the Bureau of Economic Analysis, and 
        the Bureau of Labor Statistics to share data on foreign-owned 
        companies. The Act not only expanded detailed industry coverage 
        from 135 industries to over 800 industries with no increase in 
        the data collected from respondents but also demonstrated how 
        data sharing can result in the creation of valuable data 
        products.
            ``(6) With part B of this subchapter, the sharing of 
        business data among the Bureau of the Census, the Bureau of 
        Economic Analysis, and the Bureau of Labor Statistics continues 
        to ensure the highest level of confidentiality for respondents 
        to statistical surveys.
``Sec. 3576. Designated statistical agencies
    ``(a) Purposes.--The purposes of this section are the following:
            ``(1) To authorize the sharing of business data among the 
        Bureau of the Census, the Bureau of Economic Analysis, and the 
        Bureau of Labor Statistics for exclusively statistical 
        purposes.
            ``(2) To reduce the paperwork burdens imposed on businesses 
        that provide requested information to the Federal Government.
            ``(3) To improve the comparability and accuracy of Federal 
        economic statistics by allowing the Bureau of the Census, the 
        Bureau of Economic Analysis, and the Bureau of Labor Statistics 
        to update sample frames, develop consistent classifications of 
        establishments and companies into industries, improve coverage, 
        and reconcile significant differences in data produced by the 
        three agencies.
            ``(4) To increase understanding of the United States 
        economy, especially for key industry and regional statistics, 
        to develop more accurate measures of the impact of technology 
        on productivity growth, and to enhance the reliability of the 
        Nation's most important economic indicators, such as the 
        National Income and Product Accounts.
    ``(b) Responsibilities of Designated Statistical Agencies.--The 
head of each of the Designated Statistical Agencies shall--
            ``(1) identify opportunities to eliminate duplication and 
        otherwise reduce reporting burden and cost imposed on the 
        public in providing information for statistical purposes;
            ``(2) enter into joint statistical projects to improve the 
        quality and reduce the cost of statistical programs; and
            ``(3) protect the confidentiality of individually 
        identifiable information acquired for statistical purposes by 
        adhering to safeguard principles, including--
                    ``(A) emphasizing to their officers, employees, and 
                agents the importance of protecting the confidentiality 
                of information in cases where the identity of 
                individual respondents can reasonably be inferred by 
                either direct or indirect means;
                    ``(B) training their officers, employees, and 
                agents in their legal obligations to protect the 
                confidentiality of individually identifiable 
                information and in the procedures that must be followed 
                to provide access to such information;
                    ``(C) implementing appropriate measures to assure 
                the physical and electronic security of confidential 
                data;
                    ``(D) establishing a system of records that 
                identifies individuals accessing confidential data and 
                the project for which the data were required; and
                    ``(E) being prepared to document their compliance 
                with safeguard principles to other agencies authorized 
                by law to monitor such compliance.
    ``(c) Sharing of Business Data Among Designated Statistical 
Agencies.--
            ``(1) In general.--A Designated Statistical Agency may 
        provide business data in an identifiable form to another 
        Designated Statistical Agency under the terms of a written 
        agreement among the agencies sharing the business data that 
        specifies--
                    ``(A) the business data to be shared;
                    ``(B) the statistical purposes for which the 
                business data are to be used;
                    ``(C) the officers, employees, and agents 
                authorized to examine the business data to be shared; 
                and
                    ``(D) appropriate security procedures to safeguard 
                the confidentiality of the business data.
            ``(2) Responsibilities of agencies under other laws.--The 
        provision of business data by an agency to a Designated 
        Statistical Agency under this section shall in no way alter the 
        responsibility of the agency providing the data under other 
        statutes (including sections 552 and 552b of title 5) with 
        respect to the provision or withholding of such information by 
        the agency providing the data.
            ``(3) Responsibilities of officers, employees, and 
        agents.--Examination of business data in identifiable form 
        shall be limited to the officers, employees, and agents 
        authorized to examine the individual reports in accordance with 
        written agreements pursuant to this section. Officers, 
        employees, and agents of a Designated Statistical Agency who 
        receive data pursuant to this section shall be subject to all 
        provisions of law, including penalties, that relate--
                    ``(A) to the unlawful provision of the business 
                data that would apply to the officers, employees, and 
                agents of the agency that originally obtained the 
                information; and
                    ``(B) to the unlawful disclosure of the business 
                data that would apply to officers, employees, and 
                agents of the agency that originally obtained the 
                information.
            ``(4) Notice.--Whenever a written agreement concerns data 
        that respondents were required by law to report and the 
        respondents were not informed that the data could be shared 
        among the Designated Statistical Agencies, for exclusively 
        statistical purposes, the terms of such agreement shall be 
        described in a public notice issued by the agency that intends 
        to provide the data. Such notice shall allow a minimum of 60 
        days for public comment.
    ``(d) Limitations on Use of Business Data Provided by Designated 
Statistical Agencies.--
            ``(1) General use.--Business data provided by a Designated 
        Statistical Agency pursuant to this section shall be used 
        exclusively for statistical purposes.
            ``(2) Publication.--Publication of business data acquired 
        by a Designated Statistical Agency shall occur in a manner 
        whereby the data furnished by any particular respondent are not 
        in identifiable form.
    ``(e) Designated Statistical Agency Defined.--In this section, the 
term `Designated Statistical Agency' means each of the following:
            ``(1) The Census Bureau of the Department of Commerce.
            ``(2) The Bureau of Economic Analysis of the Department of 
        Commerce.
            ``(3) The Bureau of Labor Statistics of the Department of 
        Labor.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 35 of title 44, United States Code, as amended by proceeding 
provisions of this Act, is further amended by adding at the end the 
following:

 ``subchapter iii--confidential information protection and statistical 
                               efficiency

                           ``Part A--General

``3561. Definitions.
``3562. Coordination and oversight of policies.
``3563. Statistical agencies.
``3564. Effect on other laws.

             ``Part B--Confidential Information Protection

``3571. Findings.
``3572. Confidential information protection.

                    ``Part C--Statistical Efficiency

``3575. Findings.
``3576. Designated statistical agencies.''.
    (c) Conforming Amendments.--
            (1) Repeal of confidential information protection and 
        statistical efficiency act of 2002.--Title V of the E-
        Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 
        note) is repealed (and the table of contents of such Act shall 
        be conformed accordingly).
            (2) Title 13, united states code.--Section 402 of title 13, 
        United States Code, is amended by striking ``the Confidential 
        Information Protection and Statistical Efficiency Act of 2002'' 
        and inserting ``section 3576(e) of title 44''.
            (3) Title 49, united states code.--Title 49, United States 
        Code, is amended--
                    (A) in section 6302(d)(4), by striking ``the 
                Confidential Information'' and all that follows through 
                the period and inserting ``section 3572 of title 44.''; 
                and
                    (B) in section 6314(d)(2), by striking ``the 
                Confidential Information'' and all that follows through 
                the period and inserting ``section 3572 of title 44.''.
            (4) Act of january 27, 1938.--The first section of the Act 
        of January 27, 1938, entitled ``An Act to make confidential 
        certain information furnished to the Bureau of Foreign and 
        Domestic Commerce, and for other purposes'' (52 Stat. 8, 
        chapter 11; 15 U.S.C. 176a), is amended by striking ``the 
        Confidential Information Protection and Statistical Efficiency 
        Act of 2002'' and inserting ``subchapter III of chapter 35 of 
        title 44, United States Code''.
            (5) Fixing america's surface transportation act.--Section 
        7308(e)(2) of the Fixing America's Surface Transportation Act 
        (Public Law 114-94; 49 U.S.C. 20155 note) is amended by 
        striking ``the Confidential Information Protection and 
        Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note)'' and 
        inserting ``section 3572 of title 44, United States Code''.
    (d) Transitional and Savings Provisions.--
            (1) Cutoff date.--This title replaces certain provisions of 
        law enacted on December 17, 2002. If a law enacted after that 
        date amends or repeals a provision replaced by this title, that 
        law is deemed to amend or repeal, as the case may be, the 
        corresponding provision enacted by this title. If a law enacted 
        after that date is otherwise inconsistent with this title, it 
        supersedes this title to the extent of the inconsistency.
            (2) Original date of enactment unchanged.--For purposes of 
        determining whether one provision of law supersedes another 
        based on enactment later in time, the date of the enactment of 
        a provision enacted by this title is deemed to be the date of 
        the enactment of the provision it replaced.
            (3) References to provisions replaced.--A reference to a 
        provision of law replaced by this title, including a reference 
        in a regulation, order, or other law, is deemed to refer to the 
        corresponding provision enacted by this title.
            (4) Regulations, orders, and other administrative 
        actions.--A regulation, order, or other administrative action 
        in effect under a provision of law replaced by this title 
        continues in effect under the corresponding provision enacted 
        by this title.
            (5) Actions taken and offenses committed.--An action taken 
        or an offense committed under a provision of law replaced by 
        this title is deemed to have been taken or committed under the 
        corresponding provision enacted by this title.

SEC. 303. INCREASING ACCESS TO DATA FOR EVIDENCE.

    (a) In General.--Subchapter III of chapter 35 of title 44, United 
States Code, as added by section 302, is amended by adding at the end 
the following new part:

                 ``PART D--ACCESS TO DATA FOR EVIDENCE

``Sec. 3581. Presumption of accessibility for statistical agencies and 
              units
    ``(a) Accessibility of Data Assets.--The head of an agency shall, 
to the extent practicable, make any data asset maintained by the agency 
available, upon request, to any statistical agency or unit for purposes 
of developing evidence.
    ``(b) Limitations.--Subsection (a) does not apply to any data asset 
that is subject to a statute that--
            ``(1) prohibits the sharing or intended use of such asset 
        in a manner as to leave no discretion on the issue; or
            ``(2) if enacted after the date of the enactment of this 
        section, specifically cites to this paragraph.
    ``(c) Regulations.--The Director shall prescribe regulations for 
agencies to carry out this section. Such regulations shall--
            ``(1) require the timely provision of data assets under 
        subsection (a);
            ``(2) provide a list of statutes that exempt agencies from 
        the requirement under subsection (a) pursuant to subsection 
        (b)(1);
            ``(3) establish clear and consistent standards, to the 
        extent possible, for complying with section 552a of title 5 
        (commonly known as the `Privacy Act of 1974') and any other 
        applicable law requiring the protection and confidentiality of 
        individually identifiable information; and
            ``(4) require a transparent process for statistical 
        agencies and units to request data assets from agencies and for 
        agencies to respond to such requests.
    ``(d) Rule of Construction.--Nothing in this section may be 
construed as altering existing intellectual property rights or the 
terms of any contract or other binding, written agreement.
``Sec. 3582. Expanding secure access to CIPSEA data assets
    ``(a) Statistical Agency Responsibilities.--To the extent 
practicable, each statistical agency or unit shall expand access to 
data assets of such agency or unit acquired or accessed under this 
subchapter to develop evidence while protecting such assets from 
inappropriate access and use, in accordance with the regulations 
promulgated under subsection (b).
    ``(b) Regulations for Accessibility of Nonpublic Data Assets.--The 
Director shall promulgate regulations, in accordance with applicable 
law, for statistical agencies and units to carry out the requirement 
under subsection (a). Such regulations shall include the following:
            ``(1) Standards for each statistical agency or unit to 
        assess each data asset owned or accessed by the statistical 
        agency or unit for purposes of categorizing the sensitivity 
        level of each such asset and identifying the corresponding 
        level of accessibility to each such asset. Such standards shall 
        include--
                    ``(A) common sensitivity levels and corresponding 
                levels of accessibility that may be assigned to a data 
                asset, including a requisite minimum and maximum number 
                of sensitivity levels for each statistical agency or 
                unit to use;
                    ``(B) criteria for determining the sensitivity 
                level and corresponding level of accessibility of each 
                data asset; and
                    ``(C) criteria for determining whether a less 
                sensitive and more accessible version of a data asset 
                can be produced.
            ``(2) Standards for each statistical agency or unit to 
        improve access to a data asset pursuant to paragraph (1) or (3) 
        by removing or obscuring information in such a manner that the 
        identity of the data subject is less likely to be reasonably 
        inferred by either direct or indirect means.
            ``(3) A requirement for each statistical agency or unit to 
        conduct a comprehensive risk assessment of any data asset 
        acquired or accessed under this subchapter prior to any public 
        release of such asset, including standards for such 
        comprehensive risk assessment and criteria for making a 
        determination of whether to release the data.
            ``(4) Requirements for each statistical agency or unit to 
        make any process or assessment established, produced, or 
        conducted pursuant to this section transparent and easy to 
        understand, including the following:
                    ``(A) A requirement to make information on the 
                assessment of the sensitivity level of each data asset 
                conducted pursuant to paragraph (1) available on the 
                Federal data catalogue established under section 
                3511(c)(1).
                    ``(B) A requirement to make any comprehensive risk 
                assessment, and associated determinations, conducted 
                under paragraph (3) available on the Federal data 
                catalogue established under section 3511(c)(1).
                    ``(C) A requirement to make any standard or policy 
                established by the statistical agency or unit to carry 
                out this section and any assessment conducted under 
                this section easily accessible on the public website of 
                such agency or unit.
    ``(c) Responsibilities of the Director.--The Director shall--
            ``(1) make public all standards and policies established 
        under this section; and
            ``(2) ensure that statistical agencies and units have the 
        ability to make information public on the Federal data 
        catalogue established under section 3511(c)(1), in accordance 
        with requirements established pursuant to subsection (b).
``Sec. 3583. Application to access data assets for developing evidence
    ``(a) Standard Application Process.--The Director shall establish a 
process through which agencies, the Congressional Budget Office, State, 
local, and Tribal governments, researchers, and other individuals, as 
appropriate, may apply to access the data assets accessed or acquired 
under this subchapter by a statistical agency or unit for purposes of 
developing evidence. The process shall include the following:
            ``(1) Sufficient detail to ensure that each statistical 
        agency or unit establishes an identical process.
            ``(2) A common application form.
            ``(3) Criteria for statistical agencies and units to 
        determine whether to grant an applicant access to a data asset.
            ``(4) Timeframes for prompt determinations by each 
        statistical agency or unit.
            ``(5) An appeals process for adverse decisions and 
        noncompliance with the process established under this 
        subsection.
            ``(6) Standards for transparency, including requirements to 
        make the following information publicly available:
                    ``(A) Each application received.
                    ``(B) The status of each application.
                    ``(C) The determination made for each application.
                    ``(D) Any other information, as appropriate, to 
                ensure full transparency of the process established 
                under this subsection.
    ``(b) Consultation.--In establishing the process required under 
subsection (a), the Director shall consult with stakeholders, including 
the public, agencies, State and local governments, and representatives 
of non-governmental researchers.
    ``(c) Implementation.--The head of each statistical agency or unit 
shall implement the process established under subsection (a).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 35 of title 44, United States Code, as amended by preceding 
provisions of this Act, is further amended by adding at the end the 
following:

                 ``Part D--Access to Data for Evidence

``3581. Presumption of accessibility for statistical agencies and 
                            units.
``3582. Expanding secure access to CIPSEA data assets.
``3583. Application to access data assets for developing evidence.''.
    (c) Deadline for Guidance and Implementation.--Not later than 1 
year after the date of the enactment of this Act, the Director of the 
Office of Management and Budget shall promulgate or issue any 
regulation or guidance required by subchapter III of title 44, United 
States Code, as amended by this section, with a requirement for such 
regulation or guidance to be implemented not later than 1 year after 
the date on which such regulation or guidance has been promulgated or 
issued.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, may be 
construed--
            (1) to require the disclosure of information or records 
        that are exempt from disclosure under section 552 of title 5, 
        United States Code (commonly known as the ``Freedom of 
        Information Act'');
            (2) to create or expand an exemption from disclosure under 
        such section;
            (3) to override, limit, or otherwise affect intellectual 
        property rights, including rights under titles 17 and 35, 
        United States Code;
            (4) to affect the authority of a Federal agency regarding 
        the use, disclosure, or licensing of--
                    (A) confidential business information that could be 
                withheld under section 552(b)(4) of title 5, United 
                States Code; or
                    (B) data assets restricted from disclosure under a 
                contract or other binding, written agreement; or
            (5) to affect the independence, responsibilities, or work 
        products of an Inspector General of any agency.

SEC. 402. USE OF EXISTING RESOURCES.

    To the extent practicable, the head of each agency shall use 
existing procedures and systems to carry out agency requirements and 
shall select existing employees for appointments under this Act and the 
amendments made by this Act.

SEC. 403. EFFECTIVE DATE.

    Except as otherwise provided, this Act, and the amendments made by 
this Act, shall take effect on the date that is 180 days after the date 
of the enactment of this Act.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                               H.R. 4174

_______________________________________________________________________

                               AMENDMENT