    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-435
    115th Congress

    An Act

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

    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:

    [[Page 5530]]

    ``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

    [[Page 5531]]

    ``(3) any other information included in guidance issued by
    the Director under subsection (a)(6).

    ``(c) Consultation.--In developing the plan required under
    subsection (a), the head of an agency shall consult with stakeholders,
    including the public, agencies, State and local governments, and
    representatives of non-governmental researchers.
    ``Sec. 313. <>  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:

    [[Page 5532]]

    ``(1) One member who is an agency Chief Information Officer.
    ``(2) One member who is an agency Chief Privacy Officer.
    ``(3) One member who is an agency Chief Performance Officer.
    ``(4) Three members who are agency Chief Data Officers.
    ``(5) Three members who are agency Evaluation Officers.
    ``(6) Three members who are members of the Interagency
    Council for Statistical Policy established under section
    3504(e)(8) of title 44.
    ``(7) At least 10 members who are representatives of State
    and local governments and nongovernmental stakeholders with
    expertise in government data policy, privacy, technology,
    transparency policy, evaluation and research methodologies, and
    other relevant subjects, of whom--
    ``(A) at least one shall have expertise in
    transparency policy;
    ``(B) at least one shall have expertise in privacy
    policy;
    ``(C) at least one shall have expertise in
    statistical data use;
    ``(D) at least one shall have expertise in
    information management;
    ``(E) at least one shall have expertise in
    information technology; and
    ``(F) at least one shall be from the research and
    evaluation community.

    ``(c) Term of Service.--
    ``(1) In general.--Each member of the Advisory Committee
    shall serve for a term of 2 years.
    ``(2) Vacancy.--Any member appointed to fill a vacancy
    occurring before the expiration of the term for which the
    member's predecessor was appointed shall be appointed only for
    the remainder of that term. A vacancy in the Commission shall be
    filled in the manner in which the original appointment was made.

    ``(d) Compensation.--Members of the Advisory Committee shall serve
    without compensation.
    ``(e) Duties.--The Advisory Committee shall--
    ``(1) assist the Director in carrying out the duties of the
    Director under part D of subchapter III of chapter 35 of title
    44;
    ``(2) <>  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:

    [[Page 5533]]

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

    (2) by adding at the end the following:

    ``subchapter ii--federal evidence-building activities

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

    (c) Agency Strategic Plans.--Section 306(a) of title 5, United
    States Code, is amended--
    (1) in paragraph (7), by striking ``; and'' at the end and
    inserting a semicolon;
    (2) in paragraph (8), by--
    (A) striking the period at the end; and
    (B) inserting after ``to be conducted'' the
    following: ``, and citations to relevant provisions of
    the plans required under section 312; and''; and
    (3) by adding at the end the following:
    ``(9) <>  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

    [[Page 5534]]

    (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;

    [[Page 5535]]

    ``(16) the term `data' means recorded information,
    regardless of form or the media on which the data is recorded;
    ``(17) the term `data asset' means a collection of data
    elements or data sets that may be grouped together;
    ``(18) the term `machine-readable', when used with respect
    to data, means data in a format that can be easily processed by
    a computer without human intervention while ensuring no semantic
    meaning is lost;
    ``(19) the term `metadata' means structural or descriptive
    information about data such as content, format, source, rights,
    accuracy, provenance, frequency, periodicity, granularity,
    publisher or responsible party, contact information, method of
    collection, and other descriptions;
    ``(20) the term `open Government data asset' means a public
    data asset that is--
    ``(A) machine-readable;
    ``(B) available (or could be made available) in an
    open format;
    ``(C) not encumbered by restrictions, other than
    intellectual property rights, including under titles 17
    and 35, that would impede the use or reuse of such
    asset; and
    ``(D) based on an underlying open standard that is
    maintained by a standards organization;
    ``(21) the term `open license' means a legal guarantee that
    a data asset is made available--
    ``(A) at no cost to the public; and
    ``(B) with no restrictions on copying, publishing,
    distributing, transmitting, citing, or adapting such
    asset;
    ``(22) the term `public data asset' means a data asset, or
    part thereof, maintained by the Federal Government that has
    been, or may be, released to the public, including any data
    asset, or part thereof, subject to disclosure under section 552
    of title 5; and
    ``(23) the term `statistical laws' means subchapter III of
    this chapter and other laws pertaining to the protection of
    information collected for statistical purposes as designated by
    the Director.''.

    (b) Guidance to Make Data Open by Default.--Section 3504(b) of title
    44, United States Code, is amended--
    (1) in paragraph (4), by striking ``; and'' and inserting a
    semicolon;
    (2) in paragraph (5), by striking the period at the end and
    inserting ``; and''; and
    (3) by adding at the end the following new paragraph:
    ``(6) issue guidance for agencies to implement section
    3506(b)(6) in a manner that takes into account--
    ``(A) risks and restrictions related to the
    disclosure of personally identifiable information,
    including the risk that an individual data asset in
    isolation does not pose a privacy or confidentiality
    risk but when combined with other available information
    may pose such a risk;
    ``(B) security considerations, including the risk
    that information in an individual data asset in
    isolation does not pose a security risk but when
    combined with other available information may pose such
    a risk;

    [[Page 5536]]

    ``(C) the cost and benefits to the public of
    converting a data asset into a machine-readable format
    that is accessible and useful to the public;
    ``(D) whether the application of the requirements
    described in such section to a data asset could result
    in legal liability;
    ``(E) a determination of whether a data asset--
    ``(i) is subject to intellectual property
    rights, including rights under titles 17 and 35;
    ``(ii) contains confidential business
    information, that could be withheld under section
    552(b)(4) of title 5; or
    ``(iii) is otherwise restricted by contract or
    other binding, written agreement;
    ``(F) the requirement that a data asset be
    disclosed, if it would otherwise be made available under
    section 552 of title 5 (commonly known as the `Freedom
    of Information Act'); and
    ``(G) any other considerations that the Director
    determines to be relevant.''.

    (c) Federal Agency Responsibilities to Make Data Open by Default.--
    (1) Amendments.--Section 3506 of title 44, United States
    Code, is amended--
    (A) in subsection (b)--
    (i) by amending paragraph (2) to read as
    follows:
    ``(2) <>  in accordance with guidance
    by the Director, develop and maintain a strategic information
    resources management plan that, to the extent practicable--
    ``(A) describes how information resources management
    activities help accomplish agency missions;
    ``(B) includes an open data plan for data that does
    not concern monetary policy that--
    ``(i) requires the agency to develop processes
    and procedures that--
    ``(I) require data collection
    mechanisms created on or after the date
    of the enactment of the OPEN Government
    Data Act to be available in an open
    format; and
    ``(II) facilitate collaboration with
    non-Government entities (including
    businesses), researchers, and the public
    for the purpose of understanding how
    data users value and use government
    data;
    ``(ii) identifies and implements methods for
    collecting and analyzing digital information on
    data asset usage by users within and outside of
    the agency, including designating a point of
    contact within the agency to assist the public and
    to respond to quality issues, usability issues,
    recommendations for improvements, and complaints
    about adherence to open data requirements within a
    reasonable period of time;
    ``(iii) develops and implements a process to
    evaluate and improve the timeliness, completeness,
    consistency, accuracy, usefulness, and
    availability of open Government data assets;
    ``(iv) includes requirements for meeting the
    goals of the agency open data plan, including the
    acquisition

    [[Page 5537]]

    of technology, provision of training for
    employees, and the implementation of procurement
    standards, in accordance with existing law,
    regulation, and policy, that allow for the
    acquisition of innovative solutions from public
    and private sectors;
    ``(v) identifies as priority data assets any
    data asset for which disclosure would be in the
    public interest and establishes a plan to evaluate
    each priority data asset for disclosure on the
    Federal Data Catalogue under section 3511 and for
    a determination under 3511(a)(2)(A)(iii)(I)(bb),
    including an accounting of which priority data
    assets have not yet been evaluated; and
    ``(vi) requires the agency to comply with
    requirements under section 3511, including any
    standards established by the Director under such
    section, when disclosing a data asset pursuant to
    such section; and
    ``(C) <>  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.''.

    [[Page 5538]]

    (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.

    [[Page 5539]]

    ``(vii) Each agency responsible for
    maintaining the data asset.
    ``(viii) The owner of the data asset.
    ``(ix) To the extent practicable, any
    restriction on the use of the data asset.
    ``(x) The location of the data asset.
    ``(xi) Any other metadata necessary to make
    the comprehensive data inventory useful to the
    agency and the public, or otherwise determined
    useful by the Director.
    ``(B) A requirement for the head of an agency to
    exclude from the comprehensive data inventory any data
    asset contained on a national security system, as
    defined in section 11103 of title 40.

    ``(C) <>  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;

    [[Page 5540]]

    ``(vi) whether the holder of a right to such
    data asset has been consulted;
    ``(vii) the expectation that all data assets
    that would otherwise be made available under
    section 552 of title 5 be disclosed; and
    ``(viii) any other considerations that the
    Director determines to be relevant.

    ``(F) <>
    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.--

    [[Page 5541]]

    (A) Table of sections.--The item relating to section
    3511 of the table of sections at the beginning of
    chapter 35 of title 44, United States Code, <>  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

    [[Page 5542]]

    production of evidence (as defined in section 3561),
    cybersecurity, and the improvement of agency operations;
    ``(12) identify points of contact for roles and
    responsibilities related to open data use and implementation (as
    required by the Director);
    ``(13) serve as the agency liaison to other agencies and the
    Office of Management and Budget on the best way to use existing
    agency data for statistical purposes (as defined in section
    3561); and
    ``(14) <>  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;

    [[Page 5543]]

    ``(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).

    [[Page 5544]]

    (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

    [[Page 5545]]

    ``(B) who agrees in writing to comply with all
    provisions of law that affect information acquired by
    that agency.
    ``(3) Business data.--The term `business data' means
    operating and financial data and information about businesses,
    tax-exempt organizations, and government entities.
    ``(4) Data asset.--The term `data asset' has the meaning
    given that term in section 3502.
    ``(5) Director.--The term `Director' means the Director of
    the Office of Management and Budget.
    ``(6) Evidence.--The term `evidence' means information
    produced as a result of statistical activities conducted for a
    statistical purpose.
    ``(7) Identifiable form.--The term `identifiable form' means
    any representation of information that permits the identity of
    the respondent to whom the information applies to be reasonably
    inferred by either direct or indirect means.
    ``(8) Nonstatistical purpose.--The term `nonstatistical
    purpose'--
    ``(A) means the use of data in identifiable form for
    any purpose that is not a statistical purpose, including
    any administrative, regulatory, law enforcement,
    adjudicatory, or other purpose that affects the rights,
    privileges, or benefits of a particular identifiable
    respondent; and
    ``(B) includes the disclosure under section 552 of
    title 5 of data that are acquired for exclusively
    statistical purposes under a pledge of confidentiality.
    ``(9) Respondent.--The term `respondent' means a person who,
    or organization that, is requested or required to supply
    information to an agency, is the subject of information
    requested or required to be supplied to an agency, or provides
    that information to an agency.
    ``(10) Statistical activities.--The term `statistical
    activities'--
    ``(A) means the collection, compilation, processing,
    or analysis of data for the purpose of describing or
    making estimates concerning the whole, or relevant
    groups or components within, the economy, society, or
    the natural environment; and
    ``(B) includes the development of methods or
    resources that support those activities, such as
    measurement methods, models, statistical
    classifications, or sampling frames.
    ``(11) Statistical agency or unit.--The term `statistical
    agency or unit' means an agency or organizational unit of the
    executive branch whose activities are predominantly the
    collection, compilation, processing, or analysis of information
    for statistical purposes, as designated by the Director under
    section 3562.
    ``(12) Statistical purpose.--The term `statistical
    purpose'--
    ``(A) means the description, estimation, or analysis
    of the characteristics of groups, without identifying
    the individuals or organizations that comprise such
    groups; and

    [[Page 5546]]

    ``(B) includes the development, implementation, or
    maintenance of methods, technical or administrative
    procedures, or information resources that support the
    purposes described in subparagraph (A).
    ``Sec. 3562. <>  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).

    [[Page 5547]]

    ``(b) Support From Other Agencies.--The head of each agency shall
    enable, support, and facilitate statistical agencies or units in
    carrying out the responsibilities described in subsection (a)(1).
    ``(c) Regulations.--The Director shall prescribe regulations to
    carry out this section.
    ``(d) Definitions.--In this section:
    ``(1) Accurate.--The term `accurate', when used with respect
    to statistical activities, means statistics that consistently
    match the events and trends being measured.
    ``(2) Confidentiality.--The term `confidentiality' means a
    quality or condition accorded to information as an obligation
    not to disclose that information to an unauthorized party.
    ``(3) Objective.--The term `objective', when used with
    respect to statistical activities, means accurate, clear,
    complete, and unbiased.
    ``(4) Relevant.--The term `relevant', when used with respect
    to statistical information, means processes, activities, and
    other such matters likely to be useful to policymakers and
    public and private sector data users.
    ``Sec. 3564. <>  Effect on other laws

    ``(a) Title 44, United States Code.--This subchapter does not
    diminish the authority under section 3510 of the Director to direct, and
    of an agency to make, disclosures that are not inconsistent with any
    applicable law.
    ``(b) Title 13 and Title 44, United States Code.--This subchapter
    does not diminish the authority of the Bureau of the Census to provide
    information in accordance with sections 8, 16, 301, and 401 of title 13
    and section 2108 of this title.
    ``(c) Title 13, United States Code.--This subchapter shall not be
    construed as authorizing the disclosure for nonstatistical purposes of
    demographic data or information collected by the Bureau of the Census
    pursuant to section 9 of title 13.
    ``(d) Various Energy Statutes.--Data or information acquired by the
    Energy Information Administration under a pledge of confidentiality and
    designated by the Energy Information Administration to be used for
    exclusively statistical purposes shall not be disclosed in identifiable
    form for nonstatistical purposes under--
    ``(1) section 12, 20, or 59 of the Federal Energy
    Administration Act of 1974 (15 U.S.C. 771, 779, 790h);
    ``(2) section 11 of the Energy Supply and Environmental
    Coordination Act of 1974 (15 U.S.C. 796); or
    ``(3) section 205 or 407 of the Department of Energy
    Organization Act (42 U.S.C. 7135, 7177).

    ``(e) Section 201 of Congressional Budget Act of 1974.--This
    subchapter shall not be construed to limit any authorities of the
    Congressional Budget Office to work (consistent with laws governing the
    confidentiality of information the disclosure of which would be a
    violation of law) with databases of Designated Statistical Agencies (as
    defined in section 3576(e)), either separately or, for data that may be
    shared pursuant to section 3576(c) or other authority, jointly in order
    to improve the general utility of these databases for the statistical
    purpose of analyzing pension and health care financing issues.
    ``(f) Preemption of State Law.--Nothing in this subchapter shall
    preempt applicable State law regarding the confidentiality of data
    collected by the States.

    [[Page 5548]]

    ``(g) Statutes Regarding False Statements.--Notwithstanding section
    3572, information collected by an agency for exclusively statistical
    purposes under a pledge of confidentiality may be provided by the
    collecting agency to a law enforcement agency for the prosecution of
    submissions to the collecting agency of false statistical information
    under statutes that authorize criminal penalties (such as section 221 of
    title 13) or civil penalties for the provision of false statistical
    information, unless such disclosure or use would otherwise be prohibited
    under Federal law.
    ``(h) Construction.--Nothing in this subchapter shall be construed
    as restricting or diminishing any confidentiality protections or
    penalties for unauthorized disclosure that otherwise apply to data or
    information collected for statistical purposes or nonstatistical
    purposes, including, but not limited to, section 6103 of the Internal
    Revenue Code of 1986.
    ``(i) Authority of Congress.--Nothing in this subchapter shall be
    construed to affect the authority of the Congress, including its
    committees, members, or agents, to obtain data or information for a
    statistical purpose, including for oversight of an agency's statistical
    activities.

    ``PART B--CONFIDENTIAL <>  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

    [[Page 5549]]

    in identifiable form to anyone not authorized by this subchapter
    nor have that information used for any purpose other than a
    statistical purpose.
    ``(3) To safeguard the confidentiality of individually
    identifiable information acquired under a pledge of
    confidentiality for statistical purposes by controlling access
    to, and uses made of, such information.

    ``(b) Use of Statistical Data or Information.--Data or information
    acquired by an agency under a pledge of confidentiality and for
    exclusively statistical purposes shall be used by officers, employees,
    or agents of the agency exclusively for statistical purposes and
    protected in accordance with such pledge.
    ``(c) Disclosure of Statistical Data or Information.--
    ``(1) Data or information acquired by an agency under a
    pledge of confidentiality for exclusively statistical purposes
    shall not be disclosed by an agency in identifiable form, for
    any use other than an exclusively statistical purpose, except
    with the informed consent of the respondent.
    ``(2) A disclosure pursuant to paragraph (1) is authorized
    only when the head of the agency approves such disclosure and
    the disclosure is not prohibited by any other law.
    ``(3) This section does not restrict or diminish any
    confidentiality protections in law that otherwise apply to data
    or information acquired by an agency under a pledge of
    confidentiality for exclusively statistical purposes.

    ``(d) Rule for Use of Data or Information for Nonstatistical
    Purposes.--A statistical <>
    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.

    [[Page 5550]]

    ``(2) Federal statistical agencies should continuously seek
    to improve their efficiency. Statutory constraints limit the
    ability of these agencies to share data and thus to achieve
    higher efficiency for Federal statistical programs.
    ``(3) The quality of Federal statistics depends on the
    willingness of businesses to respond to statistical surveys.
    Reducing reporting burdens will increase response rates, and
    therefore lead to more accurate characterizations of the
    economy.
    ``(4) Enhanced sharing of business data among the Bureau of
    the Census, the Bureau of Economic Analysis, and the Bureau of
    Labor Statistics for exclusively statistical purposes will
    improve their ability to track more accurately the large and
    rapidly changing nature of United States business. In
    particular, the statistical agencies will be able to better
    ensure that businesses are consistently classified in
    appropriate industries, resolve data anomalies, produce
    statistical samples that are consistently adjusted for the entry
    and exit of new businesses in a timely manner, and correct
    faulty reporting errors quickly and efficiently.
    ``(5) Congress enacted the International Investment and
    Trade in Services Survey Act (Public Law 94-472), which allowed
    the Bureau of the Census, the Bureau of Economic Analysis, and
    the Bureau of Labor Statistics to share data on foreign-owned
    companies. The Act not only expanded detailed industry coverage
    from 135 industries to over 800 industries with no increase in
    the data collected from respondents but also demonstrated how
    data sharing can result in the creation of valuable data
    products.
    ``(6) With part B of this subchapter, the sharing of
    business data among the Bureau of the Census, the Bureau of
    Economic Analysis, and the Bureau of Labor Statistics continues
    to ensure the highest level of confidentiality for respondents
    to statistical surveys.
    ``Sec. 3576. <>  Designated statistical
    agencies

    ``(a) Purposes.--The purposes of this section are the following:
    ``(1) To authorize the sharing of business data among the
    Bureau of the Census, the Bureau of Economic Analysis, and the
    Bureau of Labor Statistics for exclusively statistical purposes.
    ``(2) To reduce the paperwork burdens imposed on businesses
    that provide requested information to the Federal Government.
    ``(3) To improve the comparability and accuracy of Federal
    economic statistics by allowing the Bureau of the Census, the
    Bureau of Economic Analysis, and the Bureau of Labor Statistics
    to update sample frames, develop consistent classifications of
    establishments and companies into industries, improve coverage,
    and reconcile significant differences in data produced by the
    three agencies.
    ``(4) To increase understanding of the United States
    economy, especially for key industry and regional statistics, to
    develop more accurate measures of the impact of technology on
    productivity growth, and to enhance the reliability of the
    Nation's most important economic indicators, such as the
    National Income and Product Accounts.

    [[Page 5551]]

    ``(b) Responsibilities of Designated Statistical Agencies.--The head
    of each of the Designated Statistical Agencies shall--
    ``(1) identify opportunities to eliminate duplication and
    otherwise reduce reporting burden and cost imposed on the public
    in providing information for statistical purposes;
    ``(2) enter into joint statistical projects to improve the
    quality and reduce the cost of statistical programs; and
    ``(3) protect the confidentiality of individually
    identifiable information acquired for statistical purposes by
    adhering to safeguard principles, including--
    ``(A) emphasizing to their officers, employees, and
    agents the importance of protecting the confidentiality
    of information in cases where the identity of individual
    respondents can reasonably be inferred by either direct
    or indirect means;
    ``(B) training their officers, employees, and agents
    in their legal obligations to protect the
    confidentiality of individually identifiable information
    and in the procedures that must be followed to provide
    access to such information;
    ``(C) implementing appropriate measures to assure
    the physical and electronic security of confidential
    data;
    ``(D) establishing a system of records that
    identifies individuals accessing confidential data and
    the project for which the data were required; and
    ``(E) being prepared to document their compliance
    with safeguard principles to other agencies authorized
    by law to monitor such compliance.

    ``(c) Sharing of Business Data Among Designated Statistical
    Agencies.--
    ``(1) In general.--A Designated Statistical Agency may
    provide business data in an identifiable form to another
    Designated Statistical Agency under the terms of a written
    agreement among the agencies sharing the business data that
    specifies--
    ``(A) the business data to be shared;
    ``(B) the statistical purposes for which the
    business data are to be used;
    ``(C) the officers, employees, and agents authorized
    to examine the business data to be shared; and
    ``(D) appropriate security procedures to safeguard
    the confidentiality of the business data.
    ``(2) Responsibilities of agencies under other laws.--The
    provision of business data by an agency to a Designated
    Statistical Agency under this section shall in no way alter the
    responsibility of the agency providing the data under other
    statutes (including sections 552 and 552b of title 5) with
    respect to the provision or withholding of such information by
    the agency providing the data.
    ``(3) Responsibilities of officers, employees, and agents.--
    Examination of business data in identifiable form shall be
    limited to the officers, employees, and agents authorized to
    examine the individual reports in accordance with written
    agreements pursuant to this section. Officers, employees, and
    agents of a Designated Statistical Agency who receive data
    pursuant to this section shall be subject to all provisions of
    law, including penalties, that relate--

    [[Page 5552]]

    ``(A) to the unlawful provision of the business data
    that would apply to the officers, employees, and agents
    of the agency that originally obtained the information;
    and
    ``(B) to the unlawful disclosure of the business
    data that would apply to officers, employees, and agents
    of the agency that originally obtained the information.
    ``(4) <>  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).

    [[Page 5553]]

    (2) Title 13, united states code.--Section 402 of title 13,
    United States Code, is amended by striking ``the Confidential
    Information Protection and Statistical Efficiency Act of 2002''
    and inserting ``section 3576(e) of title 44''.
    (3) Title 49, united states code.--Title 49, United States
    Code, is amended--
    (A) in section 6302(d)(4), by striking ``the
    Confidential Information'' and all that follows through
    the period and inserting ``section 3572 of title 44.'';
    and
    (B) in section 6314(d)(2), by striking ``the
    Confidential Information'' and all that follows through
    the period and inserting ``section 3572 of title 44.''.
    (4) Act of january 27, 1938.--The first section of the Act
    of January 27, 1938, entitled ``An Act to make confidential
    certain information furnished to the Bureau of Foreign and
    Domestic Commerce, and for other purposes'' (52 Stat. 8, chapter
    11; 15 U.S.C. 176a), is amended by striking ``the Confidential
    Information Protection and Statistical Efficiency Act of 2002''
    and inserting ``subchapter III of chapter 35 of title 44, United
    States Code''.
    (5) Fixing america's surface transportation act.--Section
    7308(e)(2) of the Fixing America's Surface Transportation Act
    (Public Law 114-94; 49 U.S.C. 20155 note) is amended by striking
    ``the Confidential Information Protection and Statistical
    Efficiency Act of 2002 (44 U.S.C. 3501 note)'' and inserting
    ``section 3572 of title 44, United States Code''.

    (d) Transitional and Savings Provisions.--
    (1) <>  Cutoff date.--This title
    replaces certain provisions of law enacted on December 17, 2002.
    If a law enacted after that date amends or repeals a provision
    replaced by this title, that law is deemed to amend or repeal,
    as the case may be, the corresponding provision enacted by this
    title. If a law enacted after that date is otherwise
    inconsistent with this title, it supersedes this title to the
    extent of the inconsistency.
    (2) Original date of enactment unchanged.--For purposes of
    determining whether one provision of law supersedes another
    based on enactment later in time, the date of the enactment of a
    provision enacted by this title is deemed to be the date of the
    enactment of the provision it replaced.
    (3) References to provisions replaced.--A reference to a
    provision of law replaced by this title, including a reference
    in a regulation, order, or other law, is deemed to refer to the
    corresponding provision enacted by this title.
    (4) Regulations, orders, and other administrative actions.--
    A regulation, order, or other administrative action in effect
    under a provision of law replaced by this title continues in
    effect under the corresponding provision enacted by this title.
    (5) Actions taken and offenses committed.--An action taken
    or an offense committed under a provision of law replaced by
    this title is deemed to have been taken or committed under the
    corresponding provision enacted by this title.
    SEC. 303. INCREASING ACCESS TO DATA FOR EVIDENCE.

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

    [[Page 5554]]

    ``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

    [[Page 5555]]

    ``(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.

    [[Page 5556]]

    ``(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.

    [[Page 5557]]

    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.

    Approved January 14, 2019.

    LEGISLATIVE HISTORY--H.R. 4174:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-411 (Comm. on Oversight and Government Reform).
    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    Nov. 15, considered and passed
    House.
    Vol. 164 (2018):
    Dec. 19, considered and passed
    Senate, amended.
    Dec. 21, House concurred in Senate
    amendment.