[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4174 Enrolled Bill (ENR)]

        H.R.4174

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
    To amend titles 5 and 44, United States Code, to require Federal 
 evaluation activities, improve Federal data management, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Foundations for 
Evidence-Based Policymaking Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

              TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES

Sec. 101. Federal evidence-building activities.

                   TITLE II--OPEN GOVERNMENT DATA ACT

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

     TITLE III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
                               EFFICIENCY

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

                      TITLE IV--GENERAL PROVISIONS

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

             TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES

    SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVITIES.
    (a) In General.--Chapter 3 of part I of title 5, United States 
Code, is amended--
        (1) by inserting before section 301 the following:

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

        (2) by adding at the end the following:

         ``SUBCHAPTER II--FEDERAL EVIDENCE-BUILDING ACTIVITIES

``Sec. 311. Definitions
    ``In this subchapter:
        ``(1) Agency.--The term `agency' means an agency referred to 
    under section 901(b) of title 31.
        ``(2) Director.--The term `Director' means the Director of the 
    Office of Management and Budget.
        ``(3) Evaluation.--The term `evaluation' means an assessment 
    using systematic data collection and analysis of one or more 
    programs, policies, and organizations intended to assess their 
    effectiveness and efficiency.
        ``(4) Evidence.--The term `evidence' has the meaning given that 
    term in section 3561 of title 44.
        ``(5) State.--The term `State' means each of the several 
    States, the District of Columbia, each territory or possession of 
    the United States, and each federally recognized governing body of 
    any Indian Tribe, band, nation, pueblo, or other organized group or 
    community which is recognized as eligible for the special programs 
    and services provided by the United States to Indians because of 
    their status as Indians.
        ``(6) Statistical activities; statistical agency or unit; 
    statistical purpose.--The terms `statistical activities', 
    `statistical agency or unit', and `statistical purpose' have the 
    meanings given those terms in section 3561 of title 44.
``Sec. 312. Agency evidence-building plan
    ``(a) Requirement.--The head of each agency shall include in the 
strategic plan required under section 306 a systematic plan for 
identifying and addressing policy questions relevant to the programs, 
policies, and regulations of the agency. Such plan shall contain the 
following:
        ``(1) A list of policy-relevant questions for which the agency 
    intends to develop evidence to support policymaking.
        ``(2) A list of data the agency intends to collect, use, or 
    acquire to facilitate the use of evidence in policymaking.
        ``(3) A list of methods and analytical approaches that may be 
    used to develop evidence to support policymaking.
        ``(4) A list of any challenges to developing evidence to 
    support policymaking, including any statutory or other restrictions 
    to accessing relevant data.
        ``(5) A description of the steps the agency will take to 
    accomplish paragraphs (1) and (2).
        ``(6) Any other information as required by guidance issued by 
    the Director.
    ``(b) Evaluation Plan.--The head of each agency shall issue in 
conjunction with the performance plan required under section 1115(b) of 
title 31, an evaluation plan describing activities the agency plans to 
conduct pursuant to subsection (a) of this section during the fiscal 
year following the year in which the performance plan is submitted. 
Such plan shall--
        ``(1) describe key questions for each significant evaluation 
    study that the agency plans to begin in the next fiscal year;
        ``(2) describe key information collections or acquisitions the 
    agency plans to begin in the next fiscal year; and
        ``(3) any other information included in guidance issued by the 
    Director under subsection (a)(6).
    ``(c) Consultation.--In developing the plan required under 
subsection (a), the head of an agency shall consult with stakeholders, 
including the public, agencies, State and local governments, and 
representatives of non-governmental researchers.
``Sec. 313. Evaluation Officers
    ``(a) Establishment.--The head of each agency shall designate a 
senior employee of the agency as the Evaluation Officer of the agency.
    ``(b) Qualifications.--The Evaluation Officer of an agency shall be 
appointed or designated without regard to political affiliation and 
based on demonstrated expertise in evaluation methodology and practices 
and appropriate expertise to the disciplines of the agency.
    ``(c) Coordination.--The Evaluation Officer of an agency shall, to 
the extent practicable, coordinate activities with agency officials 
necessary to carry out the functions required under subsection (d).
    ``(d) Functions.--The Evaluation Officer of each agency shall--
        ``(1) continually assess the coverage, quality, methods, 
    consistency, effectiveness, independence, and balance of the 
    portfolio of evaluations, policy research, and ongoing evaluation 
    activities of the agency;
        ``(2) assess agency capacity to support the development and use 
    of evaluation;
        ``(3) establish and implement an agency evaluation policy; and
        ``(4) coordinate, develop, and implement the plans required 
    under section 312.
``Sec. 314. Statistical expertise
    ``(a) In General.--The head of each agency shall designate the head 
of any statistical agency or unit within the agency, or in the case of 
an agency that does not have a statistical agency or unit, any senior 
agency official with appropriate expertise, as a statistical official 
to advise on statistical policy, techniques, and procedures. Agency 
officials engaged in statistical activities may consult with any such 
statistical official as necessary.
    ``(b) Membership on Interagency Council on Statistical Policy.--
Each statistical official designated under subsection (a) shall serve 
as a member of the Interagency Council on Statistical Policy 
established under section 3504(e)(8) of title 44.
``Sec. 315. Advisory Committee on Data for Evidence Building
    ``(a) Establishment.--The Director, or the head of an agency 
designated by the Director, shall establish an Advisory Committee on 
Data for Evidence Building (in this section referred to as the 
`Advisory Committee') to review, analyze, and make recommendations on 
how to promote the use of Federal data for evidence building.
    ``(b) Membership.--The members of the Advisory Committee shall 
consist of the Chief Statistician of the United States, who shall serve 
as the Chair of the Advisory Committee, and other members appointed by 
the Director as follows:
        ``(1) One member who is an agency Chief Information Officer.
        ``(2) One member who is an agency Chief Privacy Officer.
        ``(3) One member who is an agency Chief Performance Officer.
        ``(4) Three members who are agency Chief Data Officers.
        ``(5) Three members who are agency Evaluation Officers.
        ``(6) Three members who are members of the Interagency Council 
    for Statistical Policy established under section 3504(e)(8) of 
    title 44.
        ``(7) At least 10 members who are representatives of State and 
    local governments and nongovernmental stakeholders with expertise 
    in government data policy, privacy, technology, transparency 
    policy, evaluation and research methodologies, and other relevant 
    subjects, of whom--
            ``(A) at least one shall have expertise in transparency 
        policy;
            ``(B) at least one shall have expertise in privacy policy;
            ``(C) at least one shall have expertise in statistical data 
        use;
            ``(D) at least one shall have expertise in information 
        management;
            ``(E) at least one shall have expertise in information 
        technology; and
            ``(F) at least one shall be from the research and 
        evaluation community.
    ``(c) Term of Service.--
        ``(1) In general.--Each member of the Advisory Committee shall 
    serve for a term of 2 years.
        ``(2) Vacancy.--Any member appointed to fill a vacancy 
    occurring before the expiration of the term for which the member's 
    predecessor was appointed shall be appointed only for the remainder 
    of that term. A vacancy in the Commission shall be filled in the 
    manner in which the original appointment was made.
    ``(d) Compensation.--Members of the Advisory Committee shall serve 
without compensation.
    ``(e) Duties.--The Advisory Committee shall--
        ``(1) assist the Director in carrying out the duties of the 
    Director under part D of subchapter III of chapter 35 of title 44;
        ``(2) evaluate and provide recommendations to the Director on 
    how to facilitate data sharing, enable data linkage, and develop 
    privacy enhancing techniques; and
        ``(3) review the coordination of data sharing or availability 
    for evidence building across all agencies.
    ``(f) Reports.--The Advisory Committee shall submit to the Director 
and make publicly available an annual report on the activities and 
findings of the Advisory Committee.
    ``(g) Termination.--The Advisory Committee shall terminate not 
later than two years after the date of the first meeting.''.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 3 of part I of title 5, United States Code, is amended--
        (1) by inserting before the item relating to section 301 the 
    following:

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

        (2) by adding at the end the following:

          ``subchapter ii--federal evidence-building activities

``311. Definitions.
``312. Agency evidence-building plan.
``313. Evaluation Officers.
``314. Statistical expertise.
``315. Advisory Committee on Data for Evidence Building.''.

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

                   TITLE II--OPEN GOVERNMENT DATA ACT

    SEC. 201. SHORT TITLE.
    This title may be cited as the ``Open, Public, Electronic, and 
Necessary Government Data Act'' or the ``OPEN Government Data Act''.
    SEC. 202. OPEN GOVERNMENT DATA.
    (a) Definitions.--Section 3502 of title 44, United States Code, is 
amended--
        (1) in paragraph (13), by striking ``; and'' at the end and 
    inserting a semicolon;
        (2) in paragraph (14), by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following new paragraphs:
        ``(15) the term `comprehensive data inventory' means the 
    inventory created under section 3511(a), but does not include any 
    underlying data asset listed on the inventory;
        ``(16) the term `data' means recorded information, regardless 
    of form or the media on which the data is recorded;
        ``(17) the term `data asset' means a collection of data 
    elements or data sets that may be grouped together;
        ``(18) the term `machine-readable', when used with respect to 
    data, means data in a format that can be easily processed by a 
    computer without human intervention while ensuring no semantic 
    meaning is lost;
        ``(19) the term `metadata' means structural or descriptive 
    information about data such as content, format, source, rights, 
    accuracy, provenance, frequency, periodicity, granularity, 
    publisher or responsible party, contact information, method of 
    collection, and other descriptions;
        ``(20) the term `open Government data asset' means a public 
    data asset that is--
            ``(A) machine-readable;
            ``(B) available (or could be made available) in an open 
        format;
            ``(C) not encumbered by restrictions, other than 
        intellectual property rights, including under titles 17 and 35, 
        that would impede the use or reuse of such asset; and
            ``(D) based on an underlying open standard that is 
        maintained by a standards organization;
        ``(21) the term `open license' means a legal guarantee that a 
    data asset is made available--
            ``(A) at no cost to the public; and
            ``(B) with no restrictions on copying, publishing, 
        distributing, transmitting, citing, or adapting such asset;
        ``(22) the term `public data asset' means a data asset, or part 
    thereof, maintained by the Federal Government that has been, or may 
    be, released to the public, including any data asset, or part 
    thereof, subject to disclosure under section 552 of title 5; and
        ``(23) the term `statistical laws' means subchapter III of this 
    chapter and other laws pertaining to the protection of information 
    collected for statistical purposes as designated by the 
    Director.''.
    (b) Guidance to Make Data Open by Default.--Section 3504(b) of 
title 44, United States Code, is amended--
        (1) in paragraph (4), by striking ``; and'' and inserting a 
    semicolon;
        (2) in paragraph (5), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(6) issue guidance for agencies to implement section 
    3506(b)(6) in a manner that takes into account--
            ``(A) risks and restrictions related to the disclosure of 
        personally identifiable information, including the risk that an 
        individual data asset in isolation does not pose a privacy or 
        confidentiality risk but when combined with other available 
        information may pose such a risk;
            ``(B) security considerations, including the risk that 
        information in an individual data asset in isolation does not 
        pose a security risk but when combined with other available 
        information may pose such a risk;
            ``(C) the cost and benefits to the public of converting a 
        data asset into a machine-readable format that is accessible 
        and useful to the public;
            ``(D) whether the application of the requirements described 
        in such section to a data asset could result in legal 
        liability;
            ``(E) a determination of whether a data asset--
                ``(i) is subject to intellectual property rights, 
            including rights under titles 17 and 35;
                ``(ii) contains confidential business information, that 
            could be withheld under section 552(b)(4) of title 5; or
                ``(iii) is otherwise restricted by contract or other 
            binding, written agreement;
            ``(F) the requirement that a data asset be disclosed, if it 
        would otherwise be made available under section 552 of title 5 
        (commonly known as the `Freedom of Information Act'); and
            ``(G) any other considerations that the Director determines 
        to be relevant.''.
    (c) Federal Agency Responsibilities to Make Data Open by Default.--
        (1) Amendments.--Section 3506 of title 44, United States Code, 
    is amended--
            (A) in subsection (b)--
                (i) by amending paragraph (2) to read as follows:
        ``(2) in accordance with guidance by the Director, develop and 
    maintain a strategic information resources management plan that, to 
    the extent practicable--
            ``(A) describes how information resources management 
        activities help accomplish agency missions;
            ``(B) includes an open data plan for data that does not 
        concern monetary policy that--
                ``(i) requires the agency to develop processes and 
            procedures that--

                    ``(I) require data collection mechanisms created on 
                or after the date of the enactment of the OPEN 
                Government Data Act to be available in an open format; 
                and
                    ``(II) facilitate collaboration with non-Government 
                entities (including businesses), researchers, and the 
                public for the purpose of understanding how data users 
                value and use government data;

                ``(ii) identifies and implements methods for collecting 
            and analyzing digital information on data asset usage by 
            users within and outside of the agency, including 
            designating a point of contact within the agency to assist 
            the public and to respond to quality issues, usability 
            issues, recommendations for improvements, and complaints 
            about adherence to open data requirements within a 
            reasonable period of time;
                ``(iii) develops and implements a process to evaluate 
            and improve the timeliness, completeness, consistency, 
            accuracy, usefulness, and availability of open Government 
            data assets;
                ``(iv) includes requirements for meeting the goals of 
            the agency open data plan, including the acquisition of 
            technology, provision of training for employees, and the 
            implementation of procurement standards, in accordance with 
            existing law, regulation, and policy, that allow for the 
            acquisition of innovative solutions from public and private 
            sectors;
                ``(v) identifies as priority data assets any data asset 
            for which disclosure would be in the public interest and 
            establishes a plan to evaluate each priority data asset for 
            disclosure on the Federal Data Catalogue under section 3511 
            and for a determination under 3511(a)(2)(A)(iii)(I)(bb), 
            including an accounting of which priority data assets have 
            not yet been evaluated; and
                ``(vi) requires the agency to comply with requirements 
            under section 3511, including any standards established by 
            the Director under such section, when disclosing a data 
            asset pursuant to such section; and
            ``(C) is updated annually and made publicly available on 
        the website of the agency not later than 5 days after each such 
        update;'';
                (ii) in paragraph (4), by striking ``; and'' and 
            inserting a semicolon;
                (iii) in paragraph (5), by striking the period at the 
            end and inserting ``; and''; and
                (iv) by adding at the end the following new paragraph:
        ``(6) in accordance with guidance by the Director--
            ``(A) make each data asset of the agency available in an 
        open format; and
            ``(B) make each public data asset of the agency available--
                ``(i) as an open Government data asset; and
                ``(ii) under an open license.''; and
            (B) in subsection (d)--
                (i) in paragraph (3), by striking ``and'' at the end;
                (ii) in paragraph (4), by striking the period at the 
            end and inserting a semicolon; and
                (iii) by adding at the end the following new 
            paragraphs:
        ``(5) ensure that any public data asset of the agency is 
    machine-readable; and
        ``(6) engage the public in using public data assets of the 
    agency and encourage collaboration by--
            ``(A) publishing on the website of the agency, on a regular 
        basis (not less than annually), information on the usage of 
        such assets by non-Government users;
            ``(B) providing the public with the opportunity to request 
        specific data assets to be prioritized for disclosure and to 
        provide suggestions for the development of agency criteria with 
        respect to prioritizing data assets for disclosure;
            ``(C) assisting the public in expanding the use of public 
        data assets; and
            ``(D) hosting challenges, competitions, events, or other 
        initiatives designed to create additional value from public 
        data assets of the agency.''.
        (2) Use of open data assets.--Not later than 1 year after the 
    date of the enactment of this Act, the head of each agency (as 
    defined in section 3502 of title 44, United States Code) shall 
    ensure that any activity by the agency meets the requirements of 
    section 3506 of title 44, United States Code, as amended by this 
    subsection.
        (3) Effective date.--The amendments made by this subsection 
    shall take effect on the date that is 1 year after the date of the 
    enactment of this Act.
    (d) Data Inventory and Federal Data Catalogue.--
        (1) Amendment.--Section 3511 of title 44, United States Code, 
    is amended to read as follows:
``Sec. 3511. Data inventory and Federal data catalogue
    ``(a) Comprehensive Data Inventory.--
        ``(1) In general.--In consultation with the Director and in 
    accordance with the guidance established under paragraph (2), the 
    head of each agency shall, to the maximum extent practicable, 
    develop and maintain a comprehensive data inventory that accounts 
    for all data assets created by, collected by, under the control or 
    direction of, or maintained by the agency. The head of each agency 
    shall ensure that such inventory provides a clear and comprehensive 
    understanding of the data assets in the possession of the agency.
        ``(2) Guidance.--The Director shall establish guidance for 
    agencies to develop and maintain comprehensive data inventories 
    under paragraph (1). Such guidance shall include the following:
            ``(A) A requirement for the head of an agency to include in 
        the comprehensive data inventory metadata on each data asset of 
        the agency, including, to the maximum extent practicable, the 
        following:
                ``(i) A description of the data asset, including all 
            variable names and definitions.
                ``(ii) The name or title of the data asset.
                ``(iii) An indication of whether or not the agency--

                    ``(I) has determined or can determine if the data 
                asset is--

                        ``(aa) an open Government data asset;
                        ``(bb) subject to disclosure or partial 
                    disclosure or exempt from disclosure under section 
                    552 of title 5;
                        ``(cc) a public data asset eligible for 
                    disclosure under subsection (b); or
                        ``(dd) a data asset not subject to open format 
                    or open license requirements due to existing 
                    limitations or restrictions on government 
                    distribution of the asset; or

                    ``(II) as of the date of such indication, has not 
                made such determination.

                ``(iv) Any determination made under section 3582, if 
            available.
                ``(v) A description of the method by which the public 
            may access or request access to the data asset.
                ``(vi) The date on which the data asset was most 
            recently updated.
                ``(vii) Each agency responsible for maintaining the 
            data asset.
                ``(viii) The owner of the data asset.
                ``(ix) To the extent practicable, any restriction on 
            the use of the data asset.
                ``(x) The location of the data asset.
                ``(xi) Any other metadata necessary to make the 
            comprehensive data inventory useful to the agency and the 
            public, or otherwise determined useful by the Director.
            ``(B) A requirement for the head of an agency to exclude 
        from the comprehensive data inventory any data asset contained 
        on a national security system, as defined in section 11103 of 
        title 40.
            ``(C) Criteria for the head of an agency to use in 
        determining which metadata required by subparagraph (A), if 
        any, in the comprehensive data inventory may not be made 
        publicly available, which shall include, at a minimum, a 
        requirement to ensure all information that could not otherwise 
        be withheld from disclosure under section 552 of title 5 is 
        made public in the comprehensive data inventory.
            ``(D) A requirement for the head of each agency, in 
        accordance with a procedure established by the Director, to 
        submit for inclusion in the Federal data catalogue maintained 
        under subsection (c) the comprehensive data inventory developed 
        pursuant to subparagraph (C), including any real-time updates 
        to such inventory, and data assets made available in accordance 
        with subparagraph (E) or any electronic hyperlink providing 
        access to such data assets.
            ``(E) Criteria for the head of an agency to use in 
        determining whether a particular data asset should not be made 
        publicly available in a manner that takes into account--
                ``(i) risks and restrictions related to the disclosure 
            of personally identifiable information, including the risk 
            that an individual data asset in isolation does not pose a 
            privacy or confidentiality risk but when combined with 
            other available information may pose such a risk;
                ``(ii) security considerations, including the risk that 
            information in an individual data asset in isolation does 
            not pose a security risk but when combined with other 
            available information may pose such a risk;
                ``(iii) the cost and benefits to the public of 
            converting the data into a format that could be understood 
            and used by the public;
                ``(iv) whether the public dissemination of the data 
            asset could result in legal liability;
                ``(v) whether the data asset--

                    ``(I) is subject to intellectual property rights, 
                including rights under titles 17 and 35;
                    ``(II) contains confidential business information, 
                that could be withheld under section 552(b)(4) of title 
                5; or
                    ``(III) is restricted by contract or other binding, 
                written agreement;

                ``(vi) whether the holder of a right to such data asset 
            has been consulted;
                ``(vii) the expectation that all data assets that would 
            otherwise be made available under section 552 of title 5 be 
            disclosed; and
                ``(viii) any other considerations that the Director 
            determines to be relevant.
            ``(F) Criteria for the head of an agency to use in 
        assessing the indication of a determination under subparagraph 
        (A)(iii) and how to prioritize any such subsequent 
        determinations in the strategic information management plan 
        under section 3506, in consideration of the existing resources 
        available to the agency.
        ``(3) Regular updates required.--With respect to each data 
    asset created or identified by an agency, the head of the agency 
    shall update the comprehensive data inventory of the agency not 
    later than 90 days after the date of such creation or 
    identification.
    ``(b) Public Data Assets.--The head of each agency shall submit 
public data assets, or links to public data assets available online, as 
open Government data assets for inclusion in the Federal data catalogue 
maintained under subsection (c), in accordance with the guidance 
established under subsection (a)(2).
    ``(c) Federal Data Catalogue.--
        ``(1) In general.--The Administrator of General Services shall 
    maintain a single public interface online as a point of entry 
    dedicated to sharing agency data assets with the public, which 
    shall be known as the `Federal data catalogue'. The Administrator 
    and the Director shall ensure that agencies can submit public data 
    assets, or links to public data assets, for publication and public 
    availability on the interface.
        ``(2) Repository.--The Director shall collaborate with the 
    Office of Government Information Services and the Administrator of 
    General Services to develop and maintain an online repository of 
    tools, best practices, and schema standards to facilitate the 
    adoption of open data practices across the Federal Government, 
    which shall--
            ``(A) include any definitions, regulations, policies, 
        checklists, and case studies related to open data policy;
            ``(B) facilitate collaboration and the adoption of best 
        practices across the Federal Government relating to the 
        adoption of open data practices; and
            ``(C) be made available on the Federal data catalogue 
        maintained under paragraph (1).
        ``(3) Access to other data assets.--The Director shall ensure 
    the Federal data catalogue maintained under paragraph (1) provides 
    information on how the public can access a data asset included in a 
    comprehensive data inventory under subsection (a) that is not yet 
    available on the Federal data catalogue, including information 
    regarding the application process established under section 3583 of 
    title 44.
    ``(d) Delegation.--The Director shall delegate to the Administrator 
of the Office of Information and Regulatory Affairs and the 
Administrator of the Office of Electronic Government the authority to 
jointly issue guidance required under this section.''.
        (2) Technical and conforming amendments.--
            (A) Table of sections.--The item relating to section 3511 
        of the table of sections at the beginning of chapter 35 of 
        title 44, United States Code, is amended to read as follows:

``3511. Data inventory and Federal data catalogue.''.

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

``3520. Chief Data Officers.''.

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

``3520A. Chief Data Officer Council.''.

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

    TITLE III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
                               EFFICIENCY

    SEC. 301. SHORT TITLE.
    This title may be cited as the ``Confidential Information 
Protection and Statistical Efficiency Act of 2018''.
    SEC. 302. CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
      EFFICIENCY.
    (a) In General.--Chapter 35 of title 44, United States Code, is 
amended by adding at the end the following new subchapter:

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

                           ``PART A--GENERAL

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

             ``PART B--CONFIDENTIAL INFORMATION PROTECTION

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

                    ``PART C--STATISTICAL EFFICIENCY

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

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

                            ``Part A--General

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

              ``Part B--Confidential Information Protection

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

                    ``Part C--Statistical Efficiency

``3575. Findings.
``3576. Designated statistical agencies.''.

    (c) Conforming Amendments.--
        (1) Repeal of confidential information protection and 
    statistical efficiency act of 2002.--Title V of the E-Government 
    Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 note) is repealed 
    (and the table of contents of such Act shall be conformed 
    accordingly).
        (2) Title 13, united states code.--Section 402 of title 13, 
    United States Code, is amended by striking ``the Confidential 
    Information Protection and Statistical Efficiency Act of 2002'' and 
    inserting ``section 3576(e) of title 44''.
        (3) Title 49, united states code.--Title 49, United States 
    Code, is amended--
            (A) in section 6302(d)(4), by striking ``the Confidential 
        Information'' and all that follows through the period and 
        inserting ``section 3572 of title 44.''; and
            (B) in section 6314(d)(2), by striking ``the Confidential 
        Information'' and all that follows through the period and 
        inserting ``section 3572 of title 44.''.
        (4) Act of january 27, 1938.--The first section of the Act of 
    January 27, 1938, entitled ``An Act to make confidential certain 
    information furnished to the Bureau of Foreign and Domestic 
    Commerce, and for other purposes'' (52 Stat. 8, chapter 11; 15 
    U.S.C. 176a), is amended by striking ``the Confidential Information 
    Protection and Statistical Efficiency Act of 2002'' and inserting 
    ``subchapter III of chapter 35 of title 44, United States Code''.
        (5) Fixing america's surface transportation act.--Section 
    7308(e)(2) of the Fixing America's Surface Transportation Act 
    (Public Law 114-94; 49 U.S.C. 20155 note) is amended by striking 
    ``the Confidential Information Protection and Statistical 
    Efficiency Act of 2002 (44 U.S.C. 3501 note)'' and inserting 
    ``section 3572 of title 44, United States Code''.
    (d) Transitional and Savings Provisions.--
        (1) Cutoff date.--This title replaces certain provisions of law 
    enacted on December 17, 2002. If a law enacted after that date 
    amends or repeals a provision replaced by this title, that law is 
    deemed to amend or repeal, as the case may be, the corresponding 
    provision enacted by this title. If a law enacted after that date 
    is otherwise inconsistent with this title, it supersedes this title 
    to the extent of the inconsistency.
        (2) Original date of enactment unchanged.--For purposes of 
    determining whether one provision of law supersedes another based 
    on enactment later in time, the date of the enactment of a 
    provision enacted by this title is deemed to be the date of the 
    enactment of the provision it replaced.
        (3) References to provisions replaced.--A reference to a 
    provision of law replaced by this title, including a reference in a 
    regulation, order, or other law, is deemed to refer to the 
    corresponding provision enacted by this title.
        (4) Regulations, orders, and other administrative actions.--A 
    regulation, order, or other administrative action in effect under a 
    provision of law replaced by this title continues in effect under 
    the corresponding provision enacted by this title.
        (5) Actions taken and offenses committed.--An action taken or 
    an offense committed under a provision of law replaced by this 
    title is deemed to have been taken or committed under the 
    corresponding provision enacted by this title.
    SEC. 303. INCREASING ACCESS TO DATA FOR EVIDENCE.
    (a) In General.--Subchapter III of chapter 35 of title 44, United 
States Code, as added by section 302, is amended by adding at the end 
the following new part:

                 ``PART D--ACCESS TO DATA FOR EVIDENCE

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

                  ``Part D--Access to Data for Evidence

``3581. Presumption of accessibility for statistical agencies and units.
``3582. Expanding secure access to CIPSEA data assets.
``3583. Application to access data assets for developing evidence.''.

    (c) Deadline for Guidance and Implementation.--Not later than 1 
year after the date of the enactment of this Act, the Director of the 
Office of Management and Budget shall promulgate or issue any 
regulation or guidance required by subchapter III of title 44, United 
States Code, as amended by this section, with a requirement for such 
regulation or guidance to be implemented not later than 1 year after 
the date on which such regulation or guidance has been promulgated or 
issued.

                      TITLE IV--GENERAL PROVISIONS

    SEC. 401. RULE OF CONSTRUCTION.
    Nothing in this Act, or the amendments made by this Act, may be 
construed--
        (1) to require the disclosure of information or records that 
    are exempt from disclosure under section 552 of title 5, United 
    States Code (commonly known as the ``Freedom of Information Act'');
        (2) to create or expand an exemption from disclosure under such 
    section;
        (3) to override, limit, or otherwise affect intellectual 
    property rights, including rights under titles 17 and 35, United 
    States Code;
        (4) to affect the authority of a Federal agency regarding the 
    use, disclosure, or licensing of--
            (A) confidential business information that could be 
        withheld under section 552(b)(4) of title 5, United States 
        Code; or
            (B) data assets restricted from disclosure under a contract 
        or other binding, written agreement; or
        (5) to affect the independence, responsibilities, or work 
    products of an Inspector General of any agency.
    SEC. 402. USE OF EXISTING RESOURCES.
    To the extent practicable, the head of each agency shall use 
existing procedures and systems to carry out agency requirements and 
shall select existing employees for appointments under this Act and the 
amendments made by this Act.
    SEC. 403. EFFECTIVE DATE.
    Except as otherwise provided, this Act, and the amendments made by 
this Act, shall take effect on the date that is 180 days after the date 
of the enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.