A Vision for Implementing Title III of the Evidence Act 

Emilda B. Rivers 

National Center for Science and Engineering Statistics 

October 26, 2022

Implementing Title III of the Evidence Act: a Framework to Expanding Data 

Access for Evidence Building 

2022 FCSM Research & Policy Conference
Today’s Focus 

• Core to Evidence Building, The Federal Statistical 

System 

• Evolving Data Ecosystem 

• The Evidence Act, Shaping the Path of Evolution 

• Continuing Progress for Evidence Building
Core to Evidence Building, The Federal Statistical System

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Governing Laws 

Around Data 

Pre-Evidence 

Commission

Paperwork Reduction Act 

Information Quality Act 

Privacy Act

Confidential Information 

Protection and Statistical 

Efficiency Act (CIPSEA 2002) 

Core to Evidence Building, The Federal Statistical System
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Commission on EvidenceBased Policymaking (2017) 

Foundations for Evidence-Based 

Policymaking Act of 2018

CIPSEA 2018 (aka, 

Evidence Act Title III)

Advisory Committee on Data 

for Evidence Building (2020-

2022) 

National AI Research 

Resource Task Force (2021-

2022) 

National Secure Data Service 

Demonstration passed as a 

part of H.R. 4346, CHIPS+

Toward a 21st Century National Data 

Infrastructure: Mobilizing Information for 

the Common Good

Evolving Data 

Ecosystem
Evaluation officer (EO)

Title I

Chief Data Officer (CDO)

Title II

Statistical Officer (SO)

Title III

Participate in interagency councils

Useful 

Evidence

Robust Data 

Infrastructure

Evidence-building plan or 

learning agenda

Capacity assessment

Specialized Evaluation plan

Workforce

Agency data inventory

NSF data available on open 

data platform (data.gov)

Data access and use within 

and across agencies 

Regulations for federal 

agencies to access data

Data quality standards for 

statistical products

Expanded availability of 

CIPSEA data sets

The Evidence Act, Shaping the Path of Evolution 
Title III & the Role of StatisticalAgencies

Strengthens

technical 

autonomy of 

agencies

Provides new 

authority for 

agencies to

acquire data for 

the purpose of 

evidence building

Requires agencies 

to make data 

accessible in 

multiple access 

tiers based on

data sensitivity

Requires agencies to 

create a “single front 

door” for those who 

want to apply for 

access to restricted

data

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Post

 Common legal access and confidentiality 

framework collaboratively implemented

 Presumption of access

 Increased emphasis on tiered access to 

data 

 Common legal framework for trust, 

relevance and autonomy

 CIPSEA 2018

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Evolving Federal Statistical System 

Pre

 Agency specific data access and 

confidentiality approaches

 Agency specific data sharing authorities

 Public use and restricted use access to 

data

 OMB statistical standards on trust, 

relevance, autonomy

 CIPSEA 2002 
The Evidence Act, Expanding the Mission of Statistical Agencies

• Operate as a seamless system

• Act as trusted stewards of the public’s most sensitive data

• Enable evidence building

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Continuing Progress for Evidence Building

ACDEB’s Charge

To review, analyze, and make recommendations to the OMB Director on 

how to promote the use of federal data for evidence building, with an 

emphasis on Title III of the Evidence Act

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Vision for a National Secure Data Service (NSDS) 

Philosophy: 

As a philosophy, the NSDS will produce 

value for the American public by 

facilitating evidence building.

Service: 

As a service, the NSDS will provide 

coordination and capacity-building 

services for data users, data providers, 

and related communities of practice. 

Place:

As a place, the NSDS will be a legally 

recognized entity that functions within 

the larger ecosystem, with hardware, 

software, and administrative 

infrastructure and capacity that allows 

it to meet its mission.

The NSDS will be an important component of the broader evidence-building ecosystem, 

whose goal is to develop evidence for decision-making. As such, the NSDS will build on 

the framework established in the Evidence Act and advanced through the Federal Data 

Strategy, including operating under CIPSEA and complying with associated privacy and 

confidentiality requirements
Overview of Recommendations

• Progress—the Here and Now

Part 1. Forthcoming Evidence Act Regulations and Guidance

Part 2. Other Evidence Act Items

• Promise—the Vision for the National Secure Data Service

Part 3. NSDS Functions

Part 4. NSDS Organizational Structure and Governance

Part 5. NSDS Technical Infrastructure and Tools

Part 6. Resources and Funding 

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Progress—the Here and Now

Key Ideas:

Forthcoming Evidence Act Regulations and Guidance and 

Other Evidence Act Items

The CIPSEA 2018 requirements enhance how the federal 

statistical system facilitates evidence building and provide 

necessary frameworks to inform the development of the NSDS. 

The NSDS must operate under these requirements.

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Part 1. Forthcoming Evidence Act Regulations and Guidance

Evidence Act Items Recommendations

Primary Responsibilities of Statistical 

Agencies and Trust

Rec. 1.3. Promote Public Trust

The Presumption of Accessibility for 

Statistical Agencies and Units

Rec. 1.4. Maximize the Impact of Federal Administrative Data for 

Evidence-Based Decisionmaking

Rec. 1.5. Data-Sharing Agreements Across Federal Agencies

Expanding Secure Access to CIPSEA 

Data Assets

Rec. 1.6. Risk and Utility Framework

Tiered Access in Practice

Rec. 1.7 Increase Adoption of Privacy-Preserving Technologies 

Within Government

Rec. 1.8. Shared Responsibility and Safe Harbor Principles

Rec. 1.9. Strengthen Penalties for Inappropriate Access and Use of 

Federal Data Assets

Standard Application Process Rec. 1.10. SAP Evolution

Recommendations Summary

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Promise—the Vision for the NSDS

Key Ideas: 

NSDS Functions

The NSDS would enter the existing evidence ecosystem as a 

new partner, striving to complement and enhance—rather 

than supplant or replace—current actors, infrastructures, and 

capabilities. The NSDS should fill gaps in the ecosystem 

through its core functions.

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Part 3. NSDS Functions

NSDS Core Functions

Function 1. Coordination. Coordinate and support evidence-building efforts that cut across entities 

by facilitating linkage of, secure access to, and analysis of nonpublic data and by providing capacitybuilding services for data users, data providers, and related communities of practice.

Function 2. Communication. Communicate the value and use of data for evidence building and how 

the data are protected.

Function 3. Research and development (R&D). Facilitate R&D and adoption of practices and 

methods that enhance privacy and confidentiality and improve record linkage quality.

Function 4. Data standardization. Foster and promote data standardization to enable more efficient 

and high-quality linkage, access, and analysis.

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Promise—the Vision for the NSDS

Key Ideas

NSDS Technical Infrastructure and Tools

To make the path for evidence building easier and more 

predictable—both for data access and privacy protection—the 

NSDS must provide technical infrastructure and tools to 

support its core functions, operating under the same CIPSEA 

frameworks as the federal statistical agencies.

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Part 5. NSDS Technical Infrastructure and Tools

Items Recommendations

Accessibility Rec. 5.1. Technology to Analyze Datasets Hosted by Affiliated Organizations

Rec. 5.2. Technological Process to Support Data Discovery

Rec. 5.3. Harmonized Data Inventories and Catalogs

Rec. 5.4. Searchable Project Inventory

Data Integrity Rec. 5.5. Tools and Support to Users in Conducting Secure, Accurate, and 

Scalable Analyses

Disclosure Limitation Rec. 5.6. Development and Application of Statistical Disclosure Limitation 

Methods

Auditability Rec. 5.7. Tools to Track the Provenance of Data Sets and Analyses

Data Linkage Rec. 5.8. Tools and Support to Users in Conducting Scalable, PrivacyPreserving Record Linkages

Innovation Sandbox Rec. 5.9. Sandbox for Testing Innovative Technologies and Software, Data 

Protection Protocols, and Data Analysis

Recommendations Summary

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Promise—the Vision for the NSDS

Key Ideas

Resources and Funding

For the data ecosystem to flourish, there must be adequate 

resources available to both (1) data and data service providers 

across all levels of government and (2) public and private-sector 

data users, using mechanisms that are transparent, equitable, 

and sustainable. The NSDS is strategically positioned to help 

meet the needs of other actors in the ecosystem.

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Part 6. Resources and Funding

Items Recommendations

Resources to Enhance the Existing Evidence Ecosystem

Federal Agencies’ 

Implementation of the 

Evidence Act

Rec. 6.1. Near-Term Resource Strategy for Evidence Act Implementation

Rec. 6.2. Systematic Resource Planning for Evidence Act Implementation

Rec. 6.3. Designated Funding Stream for Evidence-Building Activities

Rec. 6.4. Additional Resources for OMB Staff

State, Territorial, Local, and 

Tribal Governments

Rec. 6.5. New Block Grant to Support Cross-Program Data and Infrastructure 

Improvements and Data Modernization

NSDS Resources to Meet Its Mission

Direct Spending Rec. 6.6. NSDS Core Functions Funded Through Direct Spending Authority

Mixed Funding Model Rec. 6.7. Mixed Funding Model That Leverages Sustainable and Dynamic 

Funding Approaches

Recommendations Summary

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Continuing Progress for Evidence Building

• Expanding secure data access

• Greater cross-agency coordination

• Enhanced stakeholder engagement

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