[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[Senate]
[Pages S7870-S7878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        FOUNDATIONS FOR EVIDENCE-BASED POLICYMAKING ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Homeland Security and Governmental Affairs be discharged 
from further consideration of H.R. 4174 and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (H.R. 4174) to amend titles 5 and 44, United States 
     Code, to require Federal evaluation activities, improve 
     Federal data management, and for other purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the Johnson-Murray 
substitute amendment at the desk be considered and agreed to; that the 
bill, as amended, be considered read a third time and passed; and that 
the motion to reconsider be considered made and laid upon the table.

[[Page S7871]]

  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 4171) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       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.

[[Page S7872]]

       ``(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--

[[Page S7873]]

       ``(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

[[Page S7874]]

     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

[[Page S7875]]

     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--

[[Page S7876]]

       ``(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;

[[Page S7877]]

       ``(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

[[Page S7878]]

     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.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 4174), as amended, was passed.

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