,in the ,senate of the ,united ,states1 ,december #ai1 #bjah4 ,amendment3 ,that the bill from the ,house of ,representatives 7,h4,r4 #dagd7 entitled ,an ,act to amend titles #e and #dd1 ,united ,states ,code1 to require ,federal evaluation activities1 improve ,federal data management1 and for other purposes41 do pass with the following ,strike all after the enacting clause and insert the following3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,foundations for ,evidence-,based ,policymaking ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,federal evidence-building activities,sec4 #aja4 ,federal evidence-building activities4,,title ,,ii--,,open ,government data ,act,sec4 #bja4 ,short title4,sec4 #bjb4 ,,open ,government data4,,title ,,iii--,confidential information protection and statistical efficiency,sec4 #cja4 ,short title4,sec4 #cjb4 ,confidential information protection and statistical efficiency4,sec4 #cjc4 ,increasing access to data for evidence4,,title ,,iv--,general provisions,sec4 #dja4 ,rule of construction4,sec4 #djb4 ,use of existing resources4,sec4 #djc4 ,effective date4 ,i ,federal evidence-building activities #aja4 ,federal evidence-building activities 7a7 ,in general ,chapter #c of part ,i of title #e1 ,united ,states ,code1 is amended-- 7#a7 by inserting before section #cja the following3 ,i ,general ,provisions 2 and 7#b7 by adding at the end the following3 ,,ii ,federal evidence-building activities #caa4 ,definitions ,in this subchapter3 7#a7 ,agency ,the term agency has the meaning given the term ,executive agency under section #aje4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#c7 ,evaluation ,the term evaluation means an assessment using systematic data collection and analysis of one or more programs1 policies1 and organizations intended to assess their effectiveness and efficiency4 7#d7 ,evidence ,the term evidence has the meaning given that term in section #cefa of title #dd4 7#e7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 each territory or possession of the ,united ,states1 and each federally recognized governing body of any ,indian ,tribe1 band1 nation1 pueblo1 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 ,indians4 7#f7 ,statistical activities2 statistical agency or unit2 statistical purpose ,the terms statistical activities1 statistical agency or unit1 and statistical purpose have the meanings given those terms in section #cefa of title #dd4 #cab4 ,agency evidence-building plan 7a7 ,requirement ,the head of each agency shall include in the strategic plan required under section #cjf a systematic plan for identifying and addressing policy questions relevant to the programs1 policies1 and regulations of the agency4 ,such plan shall contain the following3 7#a7 ,a list of policy-relevant questions for which the agency intends to develop evidence to support policymaking4 7#b7 ,a list of data the agency intends to collect1 use1 or acquire to facilitate the use of evidence in policymaking4 7#c7 ,a list of methods and analytical approaches that may be used to develop evidence to support policymaking4 7#d7 ,a list of any challenges to developing evidence to support policymaking1 including any statutory or other restrictions to accessing relevant data4 7#e7 ,a description of the steps the agency will take to accomplish paragraphs 7#a7 and 7#b74 7#f7 ,any other information as required by guidance issued by the ,director4 7b7 ,evaluation plan ,the head of each agency shall issue in conjunction with the performance plan required under section #aaae7;b7 of title #ca1 an evaluation plan describing activities the agency plans to conduct pursuant to subsection 7a7 of this section during the fiscal year following the year in which the performance plan is submitted4 ,such plan shall-- 7#a7 describe key questions for each significant evaluation study that the agency plans to begin in the next fiscal year2 7#b7 describe key information collections or acquisitions the agency plans to begin in the next fiscal year2 and 7#c7 any other information included in guidance issued by the ,director under subsection 7a77#f74 7c7 ,consultation ,in developing the plan required under subsection 7a71 the head of an agency shall consult with stakeholders1 including the public1 agencies1 ,state and local governments1 and representatives of non-governmental researchers4 #cac4 ,evaluation ,officers 7a7 ,establishment ,the head of each agency shall designate a senior employee of the agency as the ,evaluation ,officer of the agency4 7b7 ,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 agency4 7c7 ,coordination ,the ,evaluation ,officer of an agency shall1 to the extent practicable1 coordinate activities with agency officials necessary to carry out the functions required under subsection 7d74 7d7 ,functions ,the ,evaluation ,officer of each agency shall-- 7#a7 continually assess the coverage1 quality1 methods1 consistency1 effectiveness1 independence1 and balance of the portfolio of evaluations1 policy research1 and ongoing evaluation activities of the agency2 7#b7 assess agency capacity to support the development and use of evaluation2 7#c7 establish and implement an agency evaluation policy2 and 7#d7 coordinate1 develop1 and implement the plans required under section #cab4 #cad4 ,statistical expertise 7a7 ,in general ,the head of each agency shall designate the head of any statistical agency or unit within the agency1 or in the case of an agency that does not have a statistical agency or unit1 any senior agency official with appropriate expertise1 as a statistical official to advise on statistical policy1 techniques1 and procedures4 ,agency officials engaged in statistical activities may consult with any such statistical official as necessary4 7b7 ,membership on interagency council on statistical policy ,each statistical official designated under subsection 7a7 shall serve as a member of the ,interagency ,council on ,statistical ,policy established under section #cejd7;e77#h7 of title #dd4 #cae4 ,advisory ,committee on ,data for ,evidence ,building 7a7 ,establishment ,the ,director1 or the head of an agency designated by the ,director1 shall establish an ,advisory ,committee on ,data for ,evidence ,building 7in this section referred to as the ,advisory ,committee7 to review1 analyze1 and make recommendations on how to promote the use of ,federal data for evidence building4 7b7 ,membership ,the members of the ,advisory ,committee shall consist of the ,chief ,statistician of the ,united ,states1 who shall serve as the ,chair of the ,advisory ,committee1 and other members appointed by the ,director as follows3 7#a7 ,one member who is an agency ,chief ,information ,officer4 7#b7 ,one member who is an agency ,chief ,privacy ,officer4 7#c7 ,one member who is an agency ,chief ,performance ,officer4 7#d7 ,three members who are agency ,chief ,data ,officers4 7#e7 ,three members who are agency ,evaluation ,officers4 7#f7 ,three members who are members of the ,interagency ,council for ,statistical ,policy established under section #cejd7;e77#h7 of title #dd4 7#g7 ,at least #aj members who are representatives of ,state and local governments and nongovernmental stakeholders with expertise in government data policy1 privacy1 technology1 transparency policy1 evaluation and research methodologies1 and other relevant subjects1 of whom-- 7,a7 at least one shall have expertise in transparency policy2 7,b7 at least one shall have expertise in privacy policy2 7,c7 at least one shall have expertise in statistical data use2 7,d7 at least one shall have expertise in information management2 7,e7 at least one shall have expertise in information technology2 and 7,f7 at least one shall be from the research and evaluation community4 7c7 ,term of service 7#a7 ,in general ,each member of the ,advisory ,committee shall serve for a term of #b years4 7#b7 ,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 term4 ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made4 7d7 ,compensation ,members of the ,advisory ,committee shall serve without compensation4 7e7 ,duties ,the ,advisory ,committee shall-- 7#a7 assist the ,director in carrying out the duties of the ,director under part ,d of subchapter ,,iii of chapter #ce of title #dd2 7#b7 evaluate and provide recommendations to the ,director on how to facilitate data sharing1 enable data linkage1 and develop privacy enhancing techniques2 and 7#c7 review the coordination of data sharing or availability for evidence building across all agencies4 7f7 ,reports ,the ,advisory ,committee shall submit to the ,director and make publicly available an annual report on the activities and findings of the ,advisory ,committee4 7g7 ,termination ,the ,advisory ,committee shall terminate not later than two years after the date of the first meeting4 4 7b7 ,technical and conforming amendments ,the table of sections for chapter #c of part ,i of title #e1 ,united ,states ,code1 is amended-- 7#a7 by inserting before the item relating to section #cja the following3 ,subchapter ,i--,general provisions 2 and 7#b7 by adding at the end the following3 ,subchapter ,,ii--,federal evidence-building activities#caa4 ,definitions4#cab4 ,agency evidence-building plan4#cac4 ,evaluation ,officers4#cad4 ,statistical expertise4#cae4 ,advisory ,committee on ,data for ,evidence ,building4 4 7c7 ,agency strategic plans ,section #cjf7;a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#g71 by striking 2 and at the end and inserting a semicolon2 7#b7 in paragraph 7#h71 by-- 7,a7 striking the period at the end2 and 7,b7 inserting after to be conducted the following3 1 and citations to relevant provisions of the plans required under section #cab2 and2 and 7#c7 by adding at the end the following3 7#i7 an assessment of the coverage1 quality1 methods1 effectiveness1 and independence of the statistics1 evaluation1 research1 and analysis efforts of the agency1 including-- 7,a7 a list of the activities and operations of the agency that are currently being evaluated and analyzed2 7,b7 the extent to which the evaluations1 research1 and analysis efforts and related activities of the agency support the needs of various divisions within the agency2 7,c7 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 learning1 ongoing program management1 performance management1 strategic management1 interagency and private sector coordination1 internal and external oversight1 and accountability2 7,d7 the extent to which the agency uses methods and combinations of methods that are appropriate to agency divisions and the corresponding research questions being addressed1 including an appropriate combination of formative and summative evaluation research and analysis approaches2 7,e7 the extent to which evaluation and research capacity is present within the agency to include personnel and agency processes for planning and implementing evaluation activities1 disseminating best practices and findings1 and incorporating employee views and feedback2 and 7,f7 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 operations4 4 7d7 ,,gao report ,not later than #b years after the date on which each strategic plan required under section #cjf7;a7 of title #e1 ,united ,states ,code1 is published1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that-- 7#a7 summarizes agency findings and highlights trends in the assessment conducted pursuant to subsection 7a77#i7 of section #cjf of title #e1 ,united ,states ,code1 as added by subsection 7c72 and 7#b7 if appropriate1 recommends actions to further improve agency capacity to use evaluation techniques and data to support evaluation efforts4 7e7 ,evaluation and personnel standards 7#a7 ,requirement ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget1 in consultation with any interagency council relating to evaluation1 shall-- 7,a7 issue guidance for program evaluation for agencies consistent with widely accepted standards for evaluation2 and 7,b7 identify best practices for evaluation that would improve ,federal program evaluation4 7#b7 ,guidance ,not later than #ij days after the date on which the guidance under paragraph 7#a7 is issued1 the head of each agency shall oversee the implementation of such guidance4 7#c7 ,,opm ,guidance ,not later than #ahj days after the date on which the guidance under paragraph 7#a7 is issued1 the ,director of the ,office of ,personnel ,management1 in consultation with the ,director of the ,office of ,management and ,budget1 shall-- 7,a7 identify key skills and competencies needed for program evaluation in an agency2 7,b7 establish a new occupational series1 or update and improve an existing occupational series1 for program evaluation within an agency2 and 7,c7 establish a new career path for program evaluation within an agency4 7#d7 ,definitions ,in this ,act3 7,a7 ,agency ,except as otherwise provided1 the term agency has the meaning given the term ,executive agency under section #aje4 7,b7 ,evaluation ,the term evaluation has the meaning given that term in section #caa of title #e1 ,united ,states ,code1 as added by subsection 7a74 ,,ii ,,open ,government ,data ,act #bja4 ,short title ,this title may be cited as the ,open1 ,public1 ,electronic1 and ,necessary ,government ,data ,act or the ,,open ,government ,data ,act4 #bjb4 ,,open government data 7a7 ,definitions ,section #cejb of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ac71 by striking 2 and at the end and inserting a semicolon2 7#b7 in paragraph 7#ad71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following new paragraphs3 7#ae7 the term comprehensive data inventory means the inventory created under section #ceaa7;a71 but does not include any underlying data asset listed on the inventory2 7#af7 the term data means recorded information1 regardless of form or the media on which the data is recorded2 7#ag7 the term data asset means a collection of data elements or data sets that may be grouped together2 7#ah7 the term machine-readable1 when used with respect to data1 means data in a format that can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost2 7#ai7 the term metadata means structural or descriptive information about data such as content1 format1 source1 rights1 accuracy1 provenance1 frequency1 periodicity1 granularity1 publisher or responsible party1 contact information1 method of collection1 and other descriptions2 7#bj7 the term open ,government data asset means a public data asset that is-- 7,a7 machine-readable2 7,b7 available 7or could be made available7 in an open format2 7,c7 not encumbered by restrictions1 other than intellectual property rights1 including under titles #ag and #ce1 that would impede the use or reuse of such asset2 and 7,d7 based on an underlying open standard that is maintained by a standards organization2 7#ba7 the term open license means a legal guarantee that a data asset is made available-- 7,a7 at no cost to the public2 and 7,b7 with no restrictions on copying1 publishing1 distributing1 transmitting1 citing1 or adapting such asset2 7#bb7 the term public data asset means a data asset1 or part thereof1 maintained by the ,federal ,government that has been1 or may be1 released to the public1 including any data asset1 or part thereof1 subject to disclosure under section #eeb of title #e2 and 7#bc7 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 ,director4 4 7b7 ,guidance to make data open by default ,section #cejd7;b7 of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#f7 issue guidance for agencies to implement section #cejf7;b77#f7 in a manner that takes into account-- 7,a7 risks and restrictions related to the disclosure of personally identifiable information1 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 risk2 7,b7 security considerations1 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 risk2 7,c7 the cost and benefits to the public of converting a data asset into a machine-readable format that is accessible and useful to the public2 7,d7 whether the application of the requirements described in such section to a data asset could result in legal liability2 7,e7 a determination of whether a data asset-- 7i7 is subject to intellectual property rights1 including rights under titles #ag and #ce2 7ii7 contains confidential business information1 that could be withheld under section #eeb7;b77#d7 of title #e2 or 7iii7 is otherwise restricted by contract or other binding1 written agreement2 7,f7 the requirement that a data asset be disclosed1 if it would otherwise be made available under section #eeb of title #e 7commonly known as the ,freedom of ,information ,act72 and 7,g7 any other considerations that the ,director determines to be relevant4 4 7c7 ,federal agency responsibilities to make data open by default 7#a7 ,amendments ,section #cejf of title #dd1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b7-- 7i7 by amending paragraph 7#b7 to read as follows3 7#b7 in accordance with guidance by the ,director1 develop and maintain a strategic information resources management plan that1 to the extent practicable-- 7,a7 describes how information resources management activities help accomplish agency missions2 7,b7 includes an open data plan that-- 7i7 requires the agency to develop processes and procedures that-- 7,i7 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 format2 and 7,,ii7 facilitate collaboration with non-,government entities 7including businesses71 researchers1 and the public for the purpose of understanding how data users value and use government data2 7ii7 identifies and implements methods for collecting and analyzing digital information on data asset usage by users within and outside of the agency1 including designating a point of contact within the agency to assist the public and to respond to quality issues1 usability issues1 recommendations for improvements1 and complaints about adherence to open data requirements within a reasonable period of time2 7iii7 develops and implements a process to evaluate and improve the timeliness1 completeness1 consistency1 accuracy1 usefulness1 and availability of open ,government data assets2 7iv7 includes requirements for meeting the goals of the agency open data plan1 including the acquisition of technology1 provision of training for employees1 and the implementation of procurement standards1 in accordance with existing law1 regulation1 and policy1 that allow for the acquisition of innovative solutions from public and private sectors2 7v7 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 #ceaa and for a determination under #ceaa7;a77#b77;,a77iii77,i77bb71 including an accounting of which priority data assets have not yet been evaluated2 and 7vi7 requires the agency to comply with requirements under section #ceaa1 including any standards established by the ,director under such section1 when disclosing a data asset pursuant to such section2 and 7,c7 is updated annually and made publicly available on the website of the agency not later than #e days after each such update2 2 7ii7 in paragraph 7#d71 by striking 2 and and inserting a semicolon2 7iii7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following new paragraph3 7#f7 in accordance with guidance by the ,director-- 7,a7 make each data asset of the agency available in an open format2 and 7,b7 make each public data asset of the agency available-- 7i7 as an open ,government data asset2 and 7ii7 under an open license4 2 and 7,b7 in subsection 7d7-- 7i7 in paragraph 7#c71 by striking and at the end2 7ii7 in paragraph 7#d71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following new paragraphs3 7#e7 ensure that any public data asset of the agency is machine-readable2 and 7#f7 engage the public in using public data assets of the agency and encourage collaboration by-- 7,a7 publishing on the website of the agency1 on a regular basis 7not less than annually71 information on the usage of such assets by non-,government users2 7,b7 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 disclosure2 7,c7 assisting the public in expanding the use of public data assets2 and 7,d7 hosting challenges1 competitions1 events1 or other initiatives designed to create additional value from public data assets of the agency4 4 7#b7 ,use of open data assets ,not later than #a year after the date of the enactment of this ,act1 the head of each agency 7as defined in section #cejb of title #dd1 ,united ,states ,code7 shall ensure that any activity by the agency meets the requirements of section #cejf of title #dd1 ,united ,states ,code1 as amended by this subsection4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the date that is #a year after the date of the enactment of this ,act4 7d7 ,data inventory and ,federal data catalogue 7#a7 ,amendment ,section #ceaa of title #dd1 ,united ,states ,code1 is amended to read as follows3 #ceaa4 ,data inventory and ,federal data catalogue 7a7 ,comprehensive data inventory 7#a7 ,in general ,in consultation with the ,director and in accordance with the guidance established under paragraph 7#b71 the head of each agency shall1 to the maximum extent practicable1 develop and maintain a comprehensive data inventory that accounts for all data assets created by1 collected by1 under the control or direction of1 or maintained by the agency4 ,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 agency4 7#b7 ,guidance ,the ,director shall establish guidance for agencies to develop and maintain comprehensive data inventories under paragraph 7#a74 ,such guidance shall include the following3 7,a7 ,a requirement for the head of an agency to include in the comprehensive data inventory metadata on each data asset of the agency1 including1 to the maximum extent practicable1 the following3 7i7 ,a description of the data asset1 including all variable names and definitions4 7ii7 ,the name or title of the data asset4 7iii7 ,an indication of whether or not the agency-- 7,i7 has determined or can determine if the data asset is-- 7aa7 an open ,government data asset2 7bb7 subject to disclosure or partial disclosure or exempt from disclosure under section #eeb of title #e2 7cc7 a public data asset eligible for disclosure under subsection 7b72 or 7dd7 a data asset not subject to open format or open license requirements due to existing limitations or restrictions on government distribution of the asset2 or 7,,ii7 as of the date of such indication1 has not made such determination4 7iv7 ,any determination made under section #cehb1 if available4 7v7 ,a description of the method by which the public may access or request access to the data asset4 7vi7 ,the date on which the data asset was most recently updated4 7vii7 ,each agency responsible for maintaining the data asset4 7viii7 ,the owner of the data asset4 7ix7 ,to the extent practicable1 any restriction on the use of the data asset4 7x7 ,the location of the data asset4 7xi7 ,any other metadata necessary to make the comprehensive data inventory useful to the agency and the public1 or otherwise determined useful by the ,director4 7,b7 ,a requirement for the head of an agency to exclude from the comprehensive data inventory any data asset contained on a national security system1 as defined in section #aaajc of title #dj4 7,c7 ,criteria for the head of an agency to use in determining which metadata required by subparagraph 7,a71 if any1 in the comprehensive data inventory may not be made publicly available1 which shall include1 at a minimum1 a requirement to ensure all information that could not otherwise be withheld from disclosure under section #eeb of title #e is made public in the comprehensive data inventory4 7,d7 ,a requirement for the head of each agency1 in accordance with a procedure established by the ,director1 to submit for inclusion in the ,federal data catalogue maintained under subsection 7c7 the comprehensive data inventory developed pursuant to subparagraph 7,c71 including any real-time updates to such inventory1 and data assets made available in accordance with subparagraph 7,e7 or any electronic hyperlink providing access to such data assets4 7,e7 ,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-- 7i7 risks and restrictions related to the disclosure of personally identifiable information1 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 risk2 7ii7 security considerations1 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 risk2 7iii7 the cost and benefits to the public of converting the data into a format that could be understood and used by the public2 7iv7 whether the public dissemination of the data asset could result in legal liability2 7v7 whether the data asset-- 7,i7 is subject to intellectual property rights1 including rights under titles #ag and #ce2 7,,ii7 contains confidential business information1 that could be withheld under section #eeb7;b77#d7 of title #e2 or 7,,iii7 is restricted by contract or other binding1 written agreement2 7vi7 whether the holder of a right to such data asset has been consulted2 7vii7 the expectation that all data assets that would otherwise be made available under section #eeb of title #e be disclosed2 and 7viii7 any other considerations that the ,director determines to be relevant4 7,f7 ,criteria for the head of an agency to use in assessing the indication of a determination under subparagraph 7,a77iii7 and how to prioritize any such subsequent determinations in the strategic information management plan under section #cejf1 in consideration of the existing resources available to the agency4 7#c7 ,regular updates required ,with respect to each data asset created or identified by an agency1 the head of the agency shall update the comprehensive data inventory of the agency not later than #ij days after the date of such creation or identification4 7b7 ,public data assets ,the head of each agency shall submit public data assets1 or links to public data assets available online1 as open ,government data assets for inclusion in the ,federal data catalogue maintained under subsection 7c71 in accordance with the guidance established under subsection 7a77#b74 7c7 ,federal data catalogue 7#a7 ,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 public1 which shall be known as the ,federal data catalogue4 ,the ,administrator and the ,director shall ensure that agencies can submit public data assets1 or links to public data assets1 for publication and public availability on the interface4 7#b7 ,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 tools1 best practices1 and schema standards to facilitate the adoption of open data practices across the ,federal ,government1 which shall-- 7,a7 include any definitions1 regulations1 policies1 checklists1 and case studies related to open data policy2 7,b7 facilitate collaboration and the adoption of best practices across the ,federal ,government relating to the adoption of open data practices2 and 7,c7 be made available on the ,federal data catalogue maintained under paragraph 7#a74 7#c7 ,access to other data assets ,the ,director shall ensure the ,federal data catalogue maintained under paragraph 7#a7 provides information on how the public can access a data asset included in a comprehensive data inventory under subsection 7a7 that is not yet available on the ,federal data catalogue1 including information regarding the application process established under section #cehc of title #dd4 7d7 ,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 section4 4 7#b7 ,technical and conforming amendments 7,a7 ,table of sections ,the item relating to section #ceaa of the table of sections at the beginning of chapter #ce of title #dd1 ,united ,states ,code1 is amended to read as follows3 #ceaa4 ,data inventory and ,federal data catalogue4 4 7,b7 ,cross-reference ,section #cejd7;b77#b77;,a7 of title #dd1 ,united ,states ,code1 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 #ceaa4 7e7 ,chief data officers 7#a7 ,amendment ,section #cebj of title #dd1 ,united ,states ,code1 is amended to read as follows3 #cebj4 ,chief ,data ,officers 7a7 ,establishment ,the head of each agency shall designate a career appointee 7as defined in section #cacb of title #e7 in the agency as the ,chief ,data ,officer of the agency4 7b7 ,qualifications ,the ,chief ,data ,officer of an agency shall be designated on the basis of demonstrated training and experience in data management1 governance 7including creation1 application1 and maintenance of data standards71 collection1 analysis1 protection1 use1 and dissemination1 including with respect to any statistical and related techniques to protect and de-identify confidential data4 7c7 ,functions ,the ,chief ,data ,officer of an agency shall-- 7#a7 be responsible for lifecycle data management2 7#b7 coordinate with any official in the agency responsible for using1 protecting1 disseminating1 and generating data to ensure that the data needs of the agency are met2 7#c7 manage data assets of the agency1 including the standardization of data format1 sharing of data assets1 and publication of data assets in accordance with applicable law2 7#d7 in carrying out the requirements under paragraphs 7#c7 and 7#e71 consult with any statistical official of the agency 7as designated under section #cad of title #e72 7#e7 carry out the requirements of the agency under subsections 7b7 through 7d71 7f71 and 7i7 of section #cejf1 section #cejg1 and section #ceaa2 7#f7 ensure that1 to the extent practicable1 agency data conforms with data management best practices2 7#g7 engage agency employees1 the public1 and contractors in using public data assets and encourage collaborative approaches on improving data use2 7#h7 support the ,performance ,improvement ,officer of the agency in identifying and using data to carry out the functions described in section #aabd7;a77#b7 of title #ca2 7#i7 support the ,evaluation ,officer of the agency in obtaining data to carry out the functions described in section #cac7;d7 of title #e2 7#aj7 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 accessibility2 7#aa7 ensure that1 to the extent practicable1 the agency maximizes the use of data in the agency1 including for the production of evidence 7as defined in section #cefa71 cybersecurity1 and the improvement of agency operations2 7#ab7 identify points of contact for roles and responsibilities related to open data use and implementation 7as required by the ,director72 7#ac7 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 7as defined in section #cefa72 and 7#ad7 comply with any regulation and guidance issued under subchapter ,,iii1 including the acquisition and maintenance of any required certification and training4 7d7 ,delegation of responsibilities 7#a7 ,in general ,to the extent necessary to comply with statistical laws1 the ,chief ,data ,officer of an agency shall delegate any responsibility under subsection 7c7 to the head of a statistical agency or unit 7as defined in section #cefa7 within the agency4 7#b7 ,consultation ,to the extent permissible under law1 the individual to whom a responsibility has been delegated under paragraph 7#a7 shall consult with the ,chief ,data ,officer of the agency in carrying out such responsibility4 7#c7 ,deference ,the ,chief ,data ,officer of the agency shall defer to the individual to whom a responsibility has been delegated under paragraph 7#a7 regarding the necessary delegation of such responsibility with respect to any data acquired1 maintained1 or disseminated by the agency under applicable statistical law4 7e7 ,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 subchapter1 including information on each requirement that the agency could not carry out and1 if applicable1 what the agency needs to carry out such requirement4 4 7#b7 ,technical and conforming amendment ,the item relating to section #cebj of the table of sections at the beginning of chapter #ce of title #dd1 ,united ,states ,code1 is amended to read as follows3 #cebj4 ,chief ,data ,officers4 4 7f7 ,chief data officer council 7#a7 ,amendment ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 is amended by inserting before section #ceba the following new section3 #cebj;,a4 ,chief ,data ,officer ,council 7a7 ,establishment ,there is established in the ,office of ,management and ,budget a ,chief ,data ,officer ,council 7in this section referred to as the ,council74 7b7 ,purpose and functions ,the ,council shall-- 7#a7 establish ,governmentwide best practices for the use1 protection1 dissemination1 and generation of data2 7#b7 promote and encourage data sharing agreements between agencies2 7#c7 identify ways in which agencies can improve upon the production of evidence for use in policymaking2 7#d7 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 ,government2 and 7#e7 identify and evaluate new technology solutions for improving the collection and use of data4 7c7 ,membership 7#a7 ,in general ,the ,chief ,data ,officer of each agency shall serve as a member of the ,council4 7#b7 ,chair ,the ,director shall select the ,chair of the ,council from among the members of the ,council4 7#c7 ,additional members ,the ,administrator of the ,office of ,electronic ,government shall serve as a member of the ,council4 7#d7 ,ex officio member ,the ,director shall appoint a representative for all ,chief ,information ,officers and ,evaluation ,officers1 and such representative shall serve as an ex officio member of the ,council4 7d7 ,reports ,the ,council shall submit to the ,director1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a biennial report on the work of the ,council4 7e7 ,evaluation and termination 7#a7 ,,gao evaluation of council ,not later than #d years after date of the enactment of this section1 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 ,government4 7#b7 ,termination of council ,the ,council shall terminate and this section shall be repealed upon the expiration of the #b-year period that begins on the date the ,comptroller ,general submits the report under paragraph 7#a7 to ,congress4 4 7#b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #ce of title #dd1 ,united ,states ,code1 is amended by inserting before the item relating to section #ceba the following new item3 #cebj;,a4 ,chief ,data ,officer ,council4 4 7g7 ,reports 7#a7 ,,gao report ,not later than #c years after the date of the enactment of this ,act1 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 identifies1 to the extent practicable-- 7,a7 the value of information made available to the public as a result of this ,act and the amendments made by this ,act2 7,b7 whether the public availability of any information that has not yet been made so available would be valuable to the public2 and 7,c7 the completeness of each comprehensive data inventory developed under section #ceaa of title #dd1 ,united ,states ,code1 as amended by subsection 7d74 7#b7 ,biennial ,,omb report ,not later than #a year after date of the enactment of this ,act1 and biennially thereafter1 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 ,act4 ,,iii ,confidential information protection and statistical efficiency #cja4 ,short title ,this title may be cited as the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjah4 #cjb4 ,confidential information protection and statistical efficiency 7a7 ,in general ,chapter #ce of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new subchapter3 ,,iii ,confidential information protection and statistical efficiency ,a ,general #cefa4 ,definitions ,in this subchapter3 7#a7 ,agency ,the term agency means any entity that falls within the definition of the term executive agency1 as defined in section #ajb of title #ca1 or agency1 as defined in section #cejb4 7#b7 ,agent ,the term agent means an individual-- 7,a7 7i7 who is an employee of a private organization or a researcher affiliated with an institution of higher learning 7including a person granted special sworn status by the ,bureau of the ,census under section #bc7;c7 of title #ac71 and with whom a contract or other agreement is executed1 on a temporary basis1 by an executive agency to perform exclusively statistical activities under the control and supervision of an officer or employee of that agency2 7ii7 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 agency2 7iii7 who is a self-employed researcher1 a consultant1 a contractor1 or an employee of a contractor1 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 agency2 or 7iv7 who is a contractor or an employee of a contractor1 and who is engaged by the agency to design or maintain the systems for handling or storage of data received under this subchapter2 and 7,b7 who agrees in writing to comply with all provisions of law that affect information acquired by that agency4 7#c7 ,business data ,the term business data means operating and financial data and information about businesses1 tax-exempt organizations1 and government entities4 7#d7 ,data asset ,the term data asset has the meaning given that term in section #cejb4 7#e7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#f7 ,evidence ,the term evidence means information produced as a result of statistical activities conducted for a statistical purpose4 7#g7 ,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 means4 7#h7 ,nonstatistical purpose ,the term nonstatistical purpose-- 7,a7 means the use of data in identifiable form for any purpose that is not a statistical purpose1 including any administrative1 regulatory1 law enforcement1 adjudicatory1 or other purpose that affects the rights1 privileges1 or benefits of a particular identifiable respondent2 and 7,b7 includes the disclosure under section #eeb of title #e of data that are acquired for exclusively statistical purposes under a pledge of confidentiality4 7#i7 ,respondent ,the term respondent means a person who1 or organization that1 is requested or required to supply information to an agency1 is the subject of information requested or required to be supplied to an agency1 or provides that information to an agency4 7#aj7 ,statistical activities ,the term statistical activities-- 7,a7 means the collection1 compilation1 processing1 or analysis of data for the purpose of describing or making estimates concerning the whole1 or relevant groups or components within1 the economy1 society1 or the natural environment2 and 7,b7 includes the development of methods or resources that support those activities1 such as measurement methods1 models1 statistical classifications1 or sampling frames4 7#aa7 ,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 collection1 compilation1 processing1 or analysis of information for statistical purposes1 as designated by the ,director under section #cefb4 7#ab7 ,statistical purpose ,the term statistical purpose-- 7,a7 means the description1 estimation1 or analysis of the characteristics of groups1 without identifying the individuals or organizations that comprise such groups2 and 7,b7 includes the development1 implementation1 or maintenance of methods1 technical or administrative procedures1 or information resources that support the purposes described in subparagraph 7,a74 #cefb4 ,coordination and oversight of policies 7a7 ,in general ,the ,director shall coordinate and oversee the confidentiality and disclosure policies established by this subchapter4 ,the ,director may promulgate rules or provide other guidance to ensure consistent interpretation of this subchapter by the affected agencies4 ,the ,director shall develop a process by which the ,director designates agencies or organizational units as statistical agencies and units4 ,the ,director shall promulgate guidance to implement such process1 which shall include specific criteria for such designation and methods by which the ,director will ensure transparency in the process4 7b7 ,agency rules ,subject to subsection 7c71 agencies may promulgate rules to implement this subchapter4 ,rules governing disclosures of information that are authorized by this subchapter shall be promulgated by the agency that originally collected the information4 7c7 ,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 ,director4 7d7 ,reports 7#a7 ,the head of each agency shall provide to the ,director such reports and other information as the ,director requests4 7#b7 ,each ,designated ,statistical ,agency 7as defined in section #cegf7;e77 shall report annually to the ,director1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate on the actions it has taken to implement section #cegf4 ,the report shall include copies of each written agreement entered into pursuant to section #cegf7;c77#a7 for the applicable year4 7#c7 ,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 #cejd7;e77#b74 #cefc4 ,statistical agencies 7a7 ,responsibilities 7#a7 ,in general ,each statistical agency or unit shall-- 7,a7 produce and disseminate relevant and timely statistical information2 7,b7 conduct credible and accurate statistical activities2 7,c7 conduct objective statistical activities2 and 7,d7 protect the trust of information providers by ensuring the confidentiality and exclusive statistical use of their responses4 7#b7 ,policies1 best practices1 and procedures ,each statistical agency or unit shall adopt policies1 best practices1 and appropriate procedures to implement the responsibilities described in paragraph 7#a74 7b7 ,support from other agencies ,the head of each agency shall enable1 support1 and facilitate statistical agencies or units in carrying out the responsibilities described in subsection 7a77#a74 7c7 ,regulations ,the ,director shall prescribe regulations to carry out this section4 7d7 ,definitions ,in this section3 7#a7 ,accurate ,the term accurate1 when used with respect to statistical activities1 means statistics that consistently match the events and trends being measured4 7#b7 ,confidentiality ,the term confidentiality means a quality or condition accorded to information as an obligation not to disclose that information to an unauthorized party4 7#c7 ,objective ,the term objective1 when used with respect to statistical activities1 means accurate1 clear1 complete1 and unbiased4 7#d7 ,relevant ,the term relevant1 when used with respect to statistical information1 means processes1 activities1 and other such matters likely to be useful to policymakers and public and private sector data users4 #cefd4 ,effect on other laws 7a7 ,title #dd1 united states code ,this subchapter does not diminish the authority under section #ceaj of the ,director to direct1 and of an agency to make1 disclosures that are not inconsistent with any applicable law4 7b7 ,title #ac and title #dd1 united states code ,this subchapter does not diminish the authority of the ,bureau of the ,census to provide information in accordance with sections #h1 #af1 #cja1 and #dja of title #ac and section #bajh of this title4 7c7 ,title #ac1 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 #i of title #ac4 7d7 ,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-- 7#a7 section #ab1 #bj1 or #ei of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gga1 #ggi1 #gij;h72 7#b7 section #aa of the ,energy ,supply and ,environmental ,coordination ,act of #aigd 7#ae ,u4,s4,c4 #gif72 or 7#c7 section #bje or #djg of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gace1 #gagg74 7e7 ,section #bja of ,congressional ,budget ,act of #aigd ,this subchapter shall not be construed to limit any authorities of the ,congressional ,budget ,office to work 7consistent with laws governing the confidentiality of information the disclosure of which would be a violation of law7 with databases of ,designated ,statistical ,agencies 7as defined in section #cegf7;e771 either separately or1 for data that may be shared pursuant to section #cegf7;c7 or other authority1 jointly in order to improve the general utility of these databases for the statistical purpose of analyzing pension and health care financing issues4 7f7 ,preemption of state law ,nothing in this subchapter shall preempt applicable ,state law regarding the confidentiality of data collected by the ,states4 7g7 ,statutes regarding false statements ,notwithstanding section #cegb1 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 7such as section #bba of title #ac7 or civil penalties for the provision of false statistical information1 unless such disclosure or use would otherwise be prohibited under ,federal law4 7h7 ,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 purposes1 including1 but not limited to1 section #fajc of the ,internal ,revenue ,code of #aihf4 7i7 ,authority of congress ,nothing in this subchapter shall be construed to affect the authority of the ,congress1 including its committees1 members1 or agents1 to obtain data or information for a statistical purpose1 including for oversight of an agency's statistical activities4 ,b ,confidential information protection #cega4 ,findings ,the ,congress finds the following3 7#a7 ,individuals1 businesses1 and other organizations have varying degrees of legal protection when providing information to the agencies for strictly statistical purposes4 7#b7 ,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 action4 7#c7 ,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 society4 7#d7 ,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 analyses4 7#e7 ,ensuring that information provided under a pledge of confidentiality for statistical purposes receives protection is essential in continuing public cooperation in statistical programs4 #cegb4 ,confidential information protection 7a7 ,purposes ,the purposes of this section are the following3 7#a7 ,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 purposes4 7#b7 ,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 purpose4 7#c7 ,to safeguard the confidentiality of individually identifiable information acquired under a pledge of confidentiality for statistical purposes by controlling access to1 and uses made of1 such information4 7b7 ,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 officers1 employees1 or agents of the agency exclusively for statistical purposes and protected in accordance with such pledge4 7c7 ,disclosure of statistical data or information 7#a7 ,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 form1 for any use other than an exclusively statistical purpose1 except with the informed consent of the respondent4 7#b7 ,a disclosure pursuant to paragraph 7#a7 is authorized only when the head of the agency approves such disclosure and the disclosure is not prohibited by any other law4 7#c7 ,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 purposes4 7d7 ,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 7as authorized by law7 and provide notice to the public1 before the data or information is collected1 that the data or information could be used for nonstatistical purposes4 7e7 ,designation of agents ,a statistical agency or unit may designate agents1 by contract or by entering into a special agreement containing the provisions required under section #cefa7b7 for treatment as an agent under that section1 who may perform exclusively statistical activities1 subject to the limitations and penalties described in this subchapter4 7f7 ,fines and penalties ,whoever1 being an officer1 employee1 or agent of an agency acquiring information for exclusively statistical purposes1 having taken and subscribed the oath of office1 or having sworn to observe the limitations imposed by this section1 comes into possession of such information by reason of his or her being an officer1 employee1 or agent and1 knowing that the disclosure of the specific information is prohibited under the provisions of this subchapter1 willfully discloses the information in any manner to a person or agency not entitled to receive it1 shall be guilty of a class ,e felony and imprisoned for not more than #e years1 or fined not more than #bej1jjj1 or both4 ,c ,statistical efficiency #cege4 ,findings ,the ,congress finds the following3 7#a7 ,federal statistics are an important source of information for public and private decision-makers such as policymakers1 consumers1 businesses1 investors1 and workers4 7#b7 ,federal statistical agencies should continuously seek to improve their efficiency4 ,statutory constraints limit the ability of these agencies to share data and thus to achieve higher efficiency for ,federal statistical programs4 7#c7 ,the quality of ,federal statistics depends on the willingness of businesses to respond to statistical surveys4 ,reducing reporting burdens will increase response rates1 and therefore lead to more accurate characterizations of the economy4 7#d7 ,enhanced sharing of business data among the ,bureau of the ,census1 the ,bureau of ,economic ,analysis1 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 business4 ,in particular1 the statistical agencies will be able to better ensure that businesses are consistently classified in appropriate industries1 resolve data anomalies1 produce statistical samples that are consistently adjusted for the entry and exit of new businesses in a timely manner1 and correct faulty reporting errors quickly and efficiently4 7#e7 ,congress enacted the ,international ,investment and ,trade in ,services ,survey ,act 7,public ,law #id-dgb71 which allowed the ,bureau of the ,census1 the ,bureau of ,economic ,analysis1 and the ,bureau of ,labor ,statistics to share data on foreign-owned companies4 ,the ,act not only expanded detailed industry coverage from #ace industries to over #hjj industries with no increase in the data collected from respondents but also demonstrated how data sharing can result in the creation of valuable data products4 7#f7 ,with part ,b of this subchapter1 the sharing of business data among the ,bureau of the ,census1 the ,bureau of ,economic ,analysis1 and the ,bureau of ,labor ,statistics continues to ensure the highest level of confidentiality for respondents to statistical surveys4 #cegf4 ,designated statistical agencies 7a7 ,purposes ,the purposes of this section are the following3 7#a7 ,to authorize the sharing of business data among the ,bureau of the ,census1 the ,bureau of ,economic ,analysis1 and the ,bureau of ,labor ,statistics for exclusively statistical purposes4 7#b7 ,to reduce the paperwork burdens imposed on businesses that provide requested information to the ,federal ,government4 7#c7 ,to improve the comparability and accuracy of ,federal economic statistics by allowing the ,bureau of the ,census1 the ,bureau of ,economic ,analysis1 and the ,bureau of ,labor ,statistics to update sample frames1 develop consistent classifications of establishments and companies into industries1 improve coverage1 and reconcile significant differences in data produced by the three agencies4 7#d7 ,to increase understanding of the ,united ,states economy1 especially for key industry and regional statistics1 to develop more accurate measures of the impact of technology on productivity growth1 and to enhance the reliability of the ,nation's most important economic indicators1 such as the ,national ,income and ,product ,accounts4 7b7 ,responsibilities of designated statistical agencies ,the head of each of the ,designated ,statistical ,agencies shall-- 7#a7 identify opportunities to eliminate duplication and otherwise reduce reporting burden and cost imposed on the public in providing information for statistical purposes2 7#b7 enter into joint statistical projects to improve the quality and reduce the cost of statistical programs2 and 7#c7 protect the confidentiality of individually identifiable information acquired for statistical purposes by adhering to safeguard principles1 including-- 7,a7 emphasizing to their officers1 employees1 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 means2 7,b7 training their officers1 employees1 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 information2 7,c7 implementing appropriate measures to assure the physical and electronic security of confidential data2 7,d7 establishing a system of records that identifies individuals accessing confidential data and the project for which the data were required2 and 7,e7 being prepared to document their compliance with safeguard principles to other agencies authorized by law to monitor such compliance4 7c7 ,sharing of business data among designated statistical agencies 7#a7 ,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-- 7,a7 the business data to be shared2 7,b7 the statistical purposes for which the business data are to be used2 7,c7 the officers1 employees1 and agents authorized to examine the business data to be shared2 and 7,d7 appropriate security procedures to safeguard the confidentiality of the business data4 7#b7 ,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 7including sections #eeb and #eeb;b of title #e7 with respect to the provision or withholding of such information by the agency providing the data4 7#c7 ,responsibilities of officers1 employees1 and agents ,examination of business data in identifiable form shall be limited to the officers1 employees1 and agents authorized to examine the individual reports in accordance with written agreements pursuant to this section4 ,officers1 employees1 and agents of a ,designated ,statistical ,agency who receive data pursuant to this section shall be subject to all provisions of law1 including penalties1 that relate-- 7,a7 to the unlawful provision of the business data that would apply to the officers1 employees1 and agents of the agency that originally obtained the information2 and 7,b7 to the unlawful disclosure of the business data that would apply to officers1 employees1 and agents of the agency that originally obtained the information4 7#d7 ,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 ,agencies1 for exclusively statistical purposes1 the terms of such agreement shall be described in a public notice issued by the agency that intends to provide the data4 ,such notice shall allow a minimum of #fj days for public comment4 7d7 ,limitations on use of business data provided by designated statistical agencies 7#a7 ,general use ,business data provided by a ,designated ,statistical ,agency pursuant to this section shall be used exclusively for statistical purposes4 7#b7 ,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 form4 7e7 ,designated statistical agency defined ,in this section1 the term ,designated ,statistical ,agency means each of the following3 7#a7 ,the ,census ,bureau of the ,department of ,commerce4 7#b7 ,the ,bureau of ,economic ,analysis of the ,department of ,commerce4 7#c7 ,the ,bureau of ,labor ,statistics of the ,department of ,labor4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ce of title #dd1 ,united ,states ,code1 as amended by proceeding provisions of this ,act1 is further amended by adding at the end the following3 ,subchapter ,,iii--,confidential information protection and statistical efficiency,part ,a--,general#cefa4 ,definitions4#cefb4 ,coordination and oversight of policies4#cefc4 ,statistical agencies4#cefd4 ,effect on other laws4,part ,b--,confidential information protection#cega4 ,findings4#cegb4 ,confidential information protection4,part ,c--,statistical efficiency#cege4 ,findings4#cegf4 ,designated statistical agencies4 4 7c7 ,conforming amendments 7#a7 ,repeal of ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb ,title ,v of the ,e-,government ,act of #bjjb 7,public ,law #ajg-cdg2 #dd ,u4,s4,c4 #ceja note7 is repealed 7and the table of contents of such ,act shall be conformed accordingly74 7#b7 ,title #ac1 ,united ,states ,code ,section #djb of title #ac1 ,united ,states ,code1 is amended by striking the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb and inserting section #cegf7;e7 of title #dd4 7#c7 ,title #di1 ,united ,states ,code ,title #di1 ,united ,states ,code1 is amended-- 7,a7 in section #fcjb7;d77#d71 by striking the ,confidential ,information and all that follows through the period and inserting section #cegb of title #dd42 and 7,b7 in section #fcad7;d77#b71 by striking the ,confidential ,information and all that follows through the period and inserting section #cegb of title #dd44 7#d7 ,act of ,january #bg1 #aich ,the first section of the ,act of ,january #bg1 #aich1 entitled ,an ,act to make confidential certain information furnished to the ,bureau of ,foreign and ,domestic ,commerce1 and for other purposes 7#eb ,stat4 #h1 chapter #aa2 #ae ,u4,s4,c4 #agf;a71 is amended by striking the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb and inserting subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code4 7#e7 ,fixing ,america's surface transportation act ,section #gcjh7;e77#b7 of the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id2 #di ,u4,s4,c4 #bjaee note7 is amended by striking the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note7 and inserting section #cegb of title #dd1 ,united ,states ,code4 7d7 ,transitional and savings provisions 7#a7 ,cutoff date ,this title replaces certain provisions of law enacted on ,december #ag1 #bjjb4 ,if a law enacted after that date amends or repeals a provision replaced by this title1 that law is deemed to amend or repeal1 as the case may be1 the corresponding provision enacted by this title4 ,if a law enacted after that date is otherwise inconsistent with this title1 it supersedes this title to the extent of the inconsistency4 7#b7 ,original date of enactment unchanged ,for purposes of determining whether one provision of law supersedes another based on enactment later in time1 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 replaced4 7#c7 ,references to provisions replaced ,a reference to a provision of law replaced by this title1 including a reference in a regulation1 order1 or other law1 is deemed to refer to the corresponding provision enacted by this title4 7#d7 ,regulations1 orders1 and other administrative actions ,a regulation1 order1 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 title4 7#e7 ,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 title4 #cjc4 ,increasing access to data for evidence 7a7 ,in general ,subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code1 as added by section #cjb1 is amended by adding at the end the following new part3 ,d ,access to data for evidence #ceha4 ,presumption of accessibility for statistical agencies and units 7a7 ,accessibility of data assets ,the head of an agency shall1 to the extent practicable1 make any data asset maintained by the agency available1 upon request1 to any statistical agency or unit for purposes of developing evidence4 7b7 ,limitations ,subsection 7a7 does not apply to any data asset that is subject to a statute that-- 7#a7 prohibits the sharing or intended use of such asset in a manner as to leave no discretion on the issue2 or 7#b7 if enacted after the date of the enactment of this section1 specifically cites to this paragraph4 7c7 ,regulations ,the ,director shall prescribe regulations for agencies to carry out this section4 ,such regulations shall-- 7#a7 require the timely provision of data assets under subsection 7a72 7#b7 provide a list of statutes that exempt agencies from the requirement under subsection 7a7 pursuant to subsection 7b77#a72 7#c7 establish clear and consistent standards1 to the extent possible1 for complying with section #eeb;a of title #e 7commonly known as the ,privacy ,act of #aigd7 and any other applicable law requiring the protection and confidentiality of individually identifiable information2 and 7#d7 require a transparent process for statistical agencies and units to request data assets from agencies and for agencies to respond to such requests4 7d7 ,rule of construction ,nothing in this section may be construed as altering existing intellectual property rights or the terms of any contract or other binding1 written agreement4 #cehb4 ,expanding secure access to ,,cipsea data assets 7a7 ,statistical agency responsibilities ,to the extent practicable1 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 use1 in accordance with the regulations promulgated under subsection 7b74 7b7 ,regulations for accessibility of nonpublic data assets ,the ,director shall promulgate regulations1 in accordance with applicable law1 for statistical agencies and units to carry out the requirement under subsection 7a74 ,such regulations shall include the following3 7#a7 ,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 asset4 ,such standards shall include-- 7,a7 common sensitivity levels and corresponding levels of accessibility that may be assigned to a data asset1 including a requisite minimum and maximum number of sensitivity levels for each statistical agency or unit to use2 7,b7 criteria for determining the sensitivity level and corresponding level of accessibility of each data asset2 and 7,c7 criteria for determining whether a less sensitive and more accessible version of a data asset can be produced4 7#b7 ,standards for each statistical agency or unit to improve access to a data asset pursuant to paragraph 7#a7 or 7#c7 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 means4 7#c7 ,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 asset1 including standards for such comprehensive risk assessment and criteria for making a determination of whether to release the data4 7#d7 ,requirements for each statistical agency or unit to make any process or assessment established1 produced1 or conducted pursuant to this section transparent and easy to understand1 including the following3 7,a7 ,a requirement to make information on the assessment of the sensitivity level of each data asset conducted pursuant to paragraph 7#a7 available on the ,federal data catalogue established under section #ceaa7;c77#a74 7,b7 ,a requirement to make any comprehensive risk assessment1 and associated determinations1 conducted under paragraph 7#c7 available on the ,federal data catalogue established under section #ceaa7;c77#a74 7,c7 ,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 unit4 7c7 ,responsibilities of the director ,the ,director shall-- 7#a7 make public all standards and policies established under this section2 and 7#b7 ensure that statistical agencies and units have the ability to make information public on the ,federal data catalogue established under section #ceaa7;c77#a71 in accordance with requirements established pursuant to subsection 7b74 #cehc4 ,application to access data assets for developing evidence 7a7 ,standard application process ,the ,director shall establish a process through which agencies1 the ,congressional ,budget ,office1 ,state1 local1 and ,tribal governments1 researchers1 and other individuals1 as appropriate1 may apply to access the data assets accessed or acquired under this subchapter by a statistical agency or unit for purposes of developing evidence4 ,the process shall include the following3 7#a7 ,sufficient detail to ensure that each statistical agency or unit establishes an identical process4 7#b7 ,a common application form4 7#c7 ,criteria for statistical agencies and units to determine whether to grant an applicant access to a data asset4 7#d7 ,timeframes for prompt determinations by each statistical agency or unit4 7#e7 ,an appeals process for adverse decisions and noncompliance with the process established under this subsection4 7#f7 ,standards for transparency1 including requirements to make the following information publicly available3 7,a7 ,each application received4 7,b7 ,the status of each application4 7,c7 ,the determination made for each application4 7,d7 ,any other information1 as appropriate1 to ensure full transparency of the process established under this subsection4 7b7 ,consultation ,in establishing the process required under subsection 7a71 the ,director shall consult with stakeholders1 including the public1 agencies1 ,state and local governments1 and representatives of non-governmental researchers4 7c7 ,implementation ,the head of each statistical agency or unit shall implement the process established under subsection 7a74 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #ce of title #dd1 ,united ,states ,code1 as amended by preceding provisions of this ,act1 is further amended by adding at the end the following3 ,part ,d--,access to data for evidence#ceha4 ,presumption of accessibility for statistical agencies and units4#cehb4 ,expanding secure access to ,,cipsea data assets4#cehc4 ,application to access data assets for developing evidence4 4 7c7 ,deadline for guidance and implementation ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall promulgate or issue any regulation or guidance required by subchapter ,,iii of title #dd1 ,united ,states ,code1 as amended by this section1 with a requirement for such regulation or guidance to be implemented not later than #a year after the date on which such regulation or guidance has been promulgated or issued4 ,,iv ,general provisions #dja4 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 may be construed-- 7#a7 to require the disclosure of information or records that are exempt from disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 7#b7 to create or expand an exemption from disclosure under such section2 7#c7 to override1 limit1 or otherwise affect intellectual property rights1 including rights under titles #ag and #ce1 ,united ,states ,code2 7#d7 to affect the authority of a ,federal agency regarding the use1 disclosure1 or licensing of-- 7,a7 confidential business information that could be withheld under section #eeb7;b77#d7 of title #e1 ,united ,states ,code2 or 7,b7 data assets restricted from disclosure under a contract or other binding1 written agreement2 or 7#e7 to affect the independence1 responsibilities1 or work products of an ,inspector ,general of any agency4 #djb4 ,use of existing resources ,to the extent practicable1 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 ,act4 #djc4 ,effective date ,except as otherwise provided1 this ,act1 and the amendments made by this ,act1 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 ,secretary