In the Senate of the United States, 
December 19, 2018. 
Resolved, That the bill from the House of Representa-
tives (H.R. 4174) entitled ‘‘An Act to amend titles 5 and 44, 
United States Code, to require Federal evaluation activities, 
improve Federal data management, and for other purposes.’’, 
do pass with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Foundations for Evidence-Based Policymaking Act of 
2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FEDERAL EVIDENCE–BUILDING ACTIVITIES 
Sec. 101. Federal evidence-building activities.
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TITLE II—OPEN GOVERNMENT DATA ACT 
Sec. 201. Short title. 
Sec. 202. OPEN Government data. 
TITLE III—CONFIDENTIAL INFORMATION PROTECTION AND 
STATISTICAL EFFICIENCY 
Sec. 301. Short title. 
Sec. 302. Confidential information protection and statistical efficiency. 
Sec. 303. Increasing access to data for evidence. 
TITLE IV—GENERAL PROVISIONS 
Sec. 401. Rule of construction. 
Sec. 402. Use of existing resources. 
Sec. 403. Effective date. 
TITLE I—FEDERAL EVIDENCE– 
BUILDING ACTIVITIES 
SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVITIES. 
(a) IN GENERAL.—Chapter 3 of part I of title 5, 
United States Code, is amended— 
(1) by inserting before section 301 the following: 
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; AND 
(2) by adding at the end the following: 
‘‘SUBCHAPTER II—FEDERAL EVIDENCE- 
BUILDING ACTIVITIES 
‘‘§ 311. Definitions 
‘‘In this subchapter: 
‘‘(1) AGENCY.—The term ‘agency’ has the mean-
ing given the term ‘Executive agency’ under section 
105. 
‘‘(2) DIRECTOR.—The term ‘Director’ means the 
Director of the Office of Management and Budget.
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‘‘(3) EVALUATION.—The term ‘evaluation’ means 
an assessment using systematic data collection and 
analysis of one or more programs, policies, and orga-
nizations intended to assess their effectiveness and ef-
ficiency. 
‘‘(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 commu-
nity 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. 
‘‘§ 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 ques-
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tions 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 pol-
icymaking. 
‘‘(2) A list of data the agency intends to collect, 
use, or acquire to facilitate the use of evidence in pol-
icymaking. 
‘‘(3) A list of methods and analytical approaches 
that may be used to develop evidence to support pol-
icymaking. 
‘‘(4) A list of any challenges to developing evi-
dence to support policymaking, including any statu-
tory 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 guid-
ance issued by the Director. 
‘‘(b) EVALUATION PLAN.—The head of each agency 
shall issue in conjunction with the performance plan re-
quired 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 fol-
lowing the year in which the performance plan is sub-
mitted. Such plan shall—
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‘‘(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 ac-
quisitions the agency plans to begin in the next fiscal 
year; and 
‘‘(3) any other information included in guidance 
issued by the Director under subsection (a)(6). 
‘‘(c) CONSULTATION.—In developing the plan required 
under subsection (a), the head of an agency shall consult 
with stakeholders, including the public, agencies, State and 
local governments, and representatives of non-governmental 
researchers. 
‘‘§ 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 ex-
pertise to the disciplines of the agency. 
‘‘(c) COORDINATION.—The Evaluation Officer of an 
agency shall, to the extent practicable, coordinate activities
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under subsection (a) shall serve as a member of the Inter-
agency Council on Statistical Policy established under sec-
tion 3504(e)(8) of title 44. 
‘‘§ 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 Ad-
visory Committee on Data for Evidence Building (in this 
section referred to as the ‘Advisory Committee’) to review, 
analyze, and make recommendations on how to promote the 
use of Federal data for evidence building. 
‘‘(b) MEMBERSHIP.—The members of the Advisory 
Committee shall consist of the Chief Statistician of the 
United States, who shall serve as the Chair of the Advisory 
Committee, and other members appointed by the Director 
as follows: 
‘‘(1) One member who is an agency Chief Infor-
mation Officer. 
‘‘(2) One member who is an agency Chief Pri-
vacy Officer. 
‘‘(3) One member who is an agency Chief Per-
formance Officer. 
‘‘(4) Three members who are agency Chief Data 
Officers.
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‘‘(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 sub-
jects, of whom— 
‘‘(A) at least one shall have expertise in 
transparency policy; 
‘‘(B) at least one shall have expertise in pri-
vacy policy; 
‘‘(C) at least one shall have expertise in sta-
tistical data use; 
‘‘(D) at least one shall have expertise in in-
formation management; 
‘‘(E) at least one shall have expertise in in-
formation technology; and 
‘‘(F) at least one shall be from the research 
and evaluation community. 
‘‘(c) TERM OF SERVICE.—
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‘‘(1) IN GENERAL.—Each member of the Advi-
sory 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 Com-
mittee shall serve without compensation. 
‘‘(e) DUTIES.—The Advisory Committee shall— 
‘‘(1) assist the Director in carrying out the du-
ties 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 tech-
niques; 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 re-
port on the activities and findings of the Advisory Com-
mittee.
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‘‘(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 sec-
tion 301 the following: 
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; AND 
(2) by adding at the end the following: 
‘‘SUBCHAPTER II—FEDERAL EVIDENCE-BUILDING ACTIVITIES 
‘‘311. Definitions. 
‘‘312. Agency evidence-building plan. 
‘‘313. Evaluation Officers. 
‘‘314. Statistical expertise. 
‘‘315. Advisory Committee on Data for Evidence Building.’’. 
(c) AGENCY STRATEGIC PLANS.—Section 306(a) of 
title 5, United States Code, is amended— 
(1) in paragraph (7), by striking ‘‘; and’’ at the 
end and inserting a semicolon; 
(2) in paragraph (8), by— 
(A) striking the period at the end; and 
(B) inserting after ‘‘to be conducted’’ the 
following: ‘‘, and citations to relevant provisions 
of the plans required under section 312; and’’; 
and 
(3) by adding at the end the following:
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‘‘(9) an assessment of the coverage, quality, 
methods, effectiveness, and independence of the statis-
tics, 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, re-
search, and analysis efforts and related activities 
of the agency support the needs of various divi-
sions within the agency; 
‘‘(C) the extent to which the evaluation re-
search and analysis efforts and related activities 
of the agency address an appropriate balance be-
tween needs related to organizational learning, 
ongoing 
program 
management, 
performance 
management, strategic management, interagency 
and private sector coordination, internal and ex-
ternal oversight, and accountability; 
‘‘(D) the extent to which the agency uses 
methods and combinations of methods that are 
appropriate to agency divisions and the cor-
responding research questions being addressed, 
including an appropriate combination of forma-
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tive and summative evaluation research and 
analysis approaches; 
‘‘(E) the extent to which evaluation and re-
search capacity is present within the agency to 
include personnel and agency processes for plan-
ning 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 of-
fices to develop the capacity to use evaluation re-
search 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 sub-
section (a)(9) of section 306 of title 5, United States 
Code, as added by subsection (c); and 
(2) if appropriate, recommends actions to further 
improve agency capacity to use evaluation techniques 
and data to support evaluation efforts.
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(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 im-
plementation 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 se-
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ries, 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 pro-
vided, 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 sub-
section (a). 
TITLE II—OPEN GOVERNMENT 
DATA ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Open, Public, Elec-
tronic, 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
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(3) by adding at the end the following new para-
graphs: 
‘‘(15) the term ‘comprehensive data inventory’ 
means the inventory created under section 3511(a), 
but does not include any underlying data asset listed 
on the inventory; 
‘‘(16) the term ‘data’ means recorded informa-
tion, 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 to-
gether; 
‘‘(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, fre-
quency, periodicity, granularity, publisher or respon-
sible party, contact information, method of collection, 
and other descriptions; 
‘‘(20) the term ‘open Government data asset’ 
means a public data asset that is—
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‘‘(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 guar-
antee that a data asset is made available— 
‘‘(A) at no cost to the public; and 
‘‘(B) with no restrictions on copying, pub-
lishing, distributing, transmitting, citing, or 
adapting such asset; 
‘‘(22) the term ‘public data asset’ means a data 
asset, or part thereof, maintained by the Federal Gov-
ernment that has been, or may be, released to the pub-
lic, including any data asset, or part thereof, subject 
to disclosure under section 552 of title 5; and 
‘‘(23) the term ‘statistical laws’ means sub-
chapter III of this chapter and other laws pertaining 
to the protection of information collected for statis-
tical purposes as designated by the Director.’’.
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(b) GUIDANCE TO MAKE DATA OPEN BY DEFAULT.— 
Section 3504(b) of title 44, United States Code, is amend-
ed— 
(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 para-
graph: 
‘‘(6) issue guidance for agencies to implement 
section 3506(b)(6) in a manner that takes into ac-
count— 
‘‘(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 confiden-
tiality risk but when combined with other avail-
able 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 informa-
tion may pose such a risk;
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‘‘(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 require-
ments 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 in-
formation, that could be withheld under sec-
tion 552(b)(4) of title 5; or 
‘‘(iii) is otherwise restricted by con-
tract 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 Di-
rector determines to be relevant.’’. 
(c) FEDERAL AGENCY RESPONSIBILITIES TO MAKE 
DATA OPEN BY DEFAULT.—
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(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 Direc-
tor, develop and maintain a strategic information re-
sources management plan that, to the extent prac-
ticable— 
‘‘(A) describes how information resources 
management activities help accomplish agency 
missions; 
‘‘(B) includes an open data plan that— 
‘‘(i) requires the agency to develop 
processes and procedures that— 
‘‘(I) require data collection mech-
anisms created on or after the date of 
the enactment of the OPEN Govern-
ment 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
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data users value and use government 
data; 
‘‘(ii) identifies and implements meth-
ods for collecting and analyzing digital in-
formation 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, rec-
ommendations for improvements, and com-
plaints about adherence to open data re-
quirements within a reasonable period of 
time; 
‘‘(iii) develops and implements a proc-
ess to evaluate and improve the timeliness, 
completeness, consistency, accuracy, useful-
ness, and availability of open Government 
data assets; 
‘‘(iv) includes requirements for meeting 
the goals of the agency open data plan, in-
cluding the acquisition of technology, provi-
sion of training for employees, and the im-
plementation of procurement standards, in 
accordance with existing law, regulation, 
and policy, that allow for the acquisition of
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innovative solutions from public and pri-
vate 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, in-
cluding 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 pub-
licly 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
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(iv) by adding at the end the following 
new paragraph: 
‘‘(6) in accordance with guidance by the Direc-
tor— 
‘‘(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 as-
sets of the agency and encourage collaboration by— 
‘‘(A) publishing on the website of the agen-
cy, on a regular basis (not less than annually),
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information on the usage of such assets by non- 
Government users; 
‘‘(B) providing the public with the oppor-
tunity to request specific data assets to be 
prioritized for disclosure and to provide sugges-
tions 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 ad-
ditional value from public data assets of the 
agency.’’. 
(2) USE OF OPEN DATA ASSETS.—Not later than 
1 year after the date of the enactment of this Act, the 
head of each agency (as defined in section 3502 of 
title 44, United States Code) shall ensure that any ac-
tivity 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 CATA-
LOGUE.—
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(1) AMENDMENT.—Section 3511 of title 44, 
United States Code, is amended to read as follows: 
‘‘§ 3511. Data inventory and Federal data catalogue 
‘‘(a) COMPREHENSIVE DATA INVENTORY.— 
‘‘(1) IN GENERAL.—In consultation with the Di-
rector and in accordance with the guidance estab-
lished under paragraph (2), the head of each agency 
shall, to the maximum extent practicable, develop and 
maintain a comprehensive data inventory that ac-
counts 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 com-
prehensive data inventories under paragraph (1). 
Such guidance shall include the following: 
‘‘(A) A requirement for the head of an agen-
cy to include in the comprehensive data inven-
tory metadata on each data asset of the agency, 
including, to the maximum extent practicable, 
the following:
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‘‘(i) A description of the data asset, in-
cluding 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 deter-
mine 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 eli-
gible for disclosure under sub-
section (b); or 
‘‘(dd) a data asset not subject 
to open format or open license re-
quirements due to existing limita-
tions or restrictions on govern-
ment distribution of the asset; or 
‘‘(II) as of the date of such indica-
tion, has not made such determination.
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‘‘(iv) Any determination made under 
section 3582, if available. 
‘‘(v) A description of the method by 
which the public may access or request ac-
cess to the data asset. 
‘‘(vi) The date on which the data asset 
was most recently updated. 
‘‘(vii) Each agency responsible for 
maintaining the data asset. 
‘‘(viii) The owner of the data asset. 
‘‘(ix) To the extent practicable, any re-
striction 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 use-
ful to the agency and the public, or other-
wise determined useful by the Director. 
‘‘(B) A requirement for the head of an agen-
cy to exclude from the comprehensive data inven-
tory any data asset contained on a national se-
curity 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
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data inventory may not be made publicly avail-
able, which shall include, at a minimum, a re-
quirement to ensure all information that could 
not otherwise be withheld from disclosure under 
section 552 of title 5 is made public in the com-
prehensive data inventory. 
‘‘(D) A requirement for the head of each 
agency, in accordance with a procedure estab-
lished 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), includ-
ing 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 infor-
mation, including the risk that an indi-
vidual data asset in isolation does not pose 
a privacy or confidentiality risk but when
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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 secu-
rity 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 liabil-
ity; 
‘‘(v) whether the data asset— 
‘‘(I) is subject to intellectual prop-
erty rights, including rights under ti-
tles 17 and 35; 
‘‘(II) contains confidential busi-
ness information, that could be with-
held under section 552(b)(4) of title 5; 
or 
‘‘(III) is restricted by contract or 
other binding, written agreement; 
‘‘(vi) whether the holder of a right to 
such data asset has been consulted;
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‘‘(vii) the expectation that all data as-
sets 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 determina-
tion 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 exist-
ing resources available to the agency. 
‘‘(3) REGULAR UPDATES REQUIRED.—With re-
spect to each data asset created or identified by an 
agency, the head of the agency shall update the com-
prehensive data inventory of the agency not later 
than 90 days after the date of such creation or identi-
fication. 
‘‘(b) PUBLIC DATA ASSETS.—The head of each agency 
shall submit public data assets, or links to public data as-
sets 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.—
† HR 4174 EAS 
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral 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 collabo-
rate with the Office of Government Information Serv-
ices and the Administrator of General Services to de-
velop 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 adop-
tion of best practices across the Federal Govern-
ment relating to the adoption of open data prac-
tices; and 
‘‘(C) be made available on the Federal data 
catalogue maintained under paragraph (1).
† HR 4174 EAS 
‘‘(3) ACCESS TO OTHER DATA ASSETS.—The Di-
rector shall ensure the Federal data catalogue main-
tained 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 cata-
logue, including information regarding the applica-
tion 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
AMEND-
MENTS.— 
(A) TABLE OF SECTIONS.—The item relat-
ing 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’’.
† HR 4174 EAS 
(e) CHIEF DATA OFFICERS.— 
(1) AMENDMENT.—Section 3520 of title 44, 
United States Code, is amended to read as follows: 
‘‘§ 3520. Chief Data Officers 
‘‘(a) ESTABLISHMENT.—The head of each agency shall 
designate a career appointee (as defined in section 3132 of 
title 5) in the agency as the Chief Data Officer of the agen-
cy. 
‘‘(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 dis-
semination, 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 manage-
ment; 
‘‘(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;
† HR 4174 EAS 
‘‘(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 sec-
tion 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 Offi-
cer 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
† HR 4174 EAS 
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, in-
cluding for the production of evidence (as defined in 
section 3561), cybersecurity, and the improvement of 
agency operations; 
‘‘(12) identify points of contact for roles and re-
sponsibilities related to open data use and implemen-
tation (as required by the Director); 
‘‘(13) serve as the agency liaison to other agen-
cies 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.
† HR 4174 EAS 
‘‘(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 re-
sponsibility has been delegated under paragraph (1) 
regarding the necessary delegation of such responsi-
bility with respect to any data acquired, maintained, 
or disseminated by the agency under applicable sta-
tistical 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 Rep-
resentatives 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
AMEND-
MENT.—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.’’.
† HR 4174 EAS 
(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: 
‘‘§ 3520A. Chief Data Officer Council 
‘‘(a) ESTABLISHMENT.—There is established in the Of-
fice of Management and Budget a Chief Data Officer Coun-
cil (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 agree-
ments between agencies; 
‘‘(3) identify ways in which agencies can im-
prove upon the production of evidence for use in pol-
icymaking; 
‘‘(4) consult with the public and engage with 
private users of Government data and other stake-
holders on how to improve access to data assets of the 
Federal Government; and 
‘‘(5) identify and evaluate new technology solu-
tions for improving the collection and use of data. 
‘‘(c) MEMBERSHIP.—
† HR 4174 EAS 
‘‘(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 Coun-
cil. 
‘‘(3) ADDITIONAL
MEMBERS.—The Adminis-
trator 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 Of-
ficers and Evaluation Officers, and such representa-
tive shall serve as an ex officio member of the Council. 
‘‘(d) REPORTS.—The Council shall submit to the Di-
rector, the Committee on Homeland Security and Govern-
mental Affairs of the Senate, and the Committee on Over-
sight and Government Reform of the House of Representa-
tives 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 sec-
tion, the Comptroller General shall submit to Con-
gress a report on whether the additional duties of the 
Council improved the use of evidence and program 
evaluation in the Federal Government.
† HR 4174 EAS 
‘‘(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 re-
port under paragraph (1) to Congress.’’. 
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—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 Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate and the Committee on Oversight 
and Government Reform of the House of Representa-
tives a report that identifies, to the extent prac-
ticable— 
(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 avail-
able would be valuable to the public; and
† HR 4174 EAS 
(C) the completeness of each comprehensive 
data inventory developed under section 3511 of 
title 44, United States Code, as amended by sub-
section (d). 
(2) BIENNIAL OMB REPORT.—Not later than 1 
year after date of the enactment of this Act, and bien-
nially thereafter, the Director of the Office of Manage-
ment 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 
IN-
FORMATION 
PROTECTION 
AND 
STATISTICAL 
EFFI-
CIENCY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Confidential Informa-
tion 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:
† HR 4174 EAS 
‘‘SUBCHAPTER 
III—CONFIDENTIAL 
INFORMA-
TION PROTECTION AND STATISTICAL EFFI-
CIENCY 
‘‘PART A—GENERAL 
‘‘§ 3561. Definitions 
‘‘In this subchapter: 
‘‘(1) AGENCY.—The term ‘agency’ means any en-
tity that falls within the definition of the term ‘execu-
tive agency’, as defined in section 102 of title 31, or 
‘agency’, as defined in section 3502. 
‘‘(2) AGENT.—The term ‘agent’ means an indi-
vidual— 
‘‘(A)(i) who is an employee of a private or-
ganization or a researcher affiliated with an in-
stitution 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 exe-
cuted, on a temporary basis, by an executive 
agency to perform exclusively statistical activi-
ties under the control and supervision of an offi-
cer 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 agen-
† HR 4174 EAS 
cy to perform exclusively statistical activities 
under the control of an officer or employee of 
that agency; 
‘‘(iii) who is a self-employed researcher, a 
consultant, a contractor, or an employee of a 
contractor, and with whom a contract or other 
agreement is executed by an executive agency to 
perform a statistical activity under the control of 
an officer or employee of that agency; or 
‘‘(iv) who is a contractor or an employee of 
a contractor, and who is engaged by the agency 
to design or maintain the systems for handling 
or storage of data received under this subchapter; 
and 
‘‘(B) who agrees in writing to comply with 
all provisions of law that affect information ac-
quired by that agency. 
‘‘(3) BUSINESS DATA.—The term ‘business data’ 
means operating and financial data and information 
about businesses, tax-exempt organizations, and gov-
ernment 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.
† HR 4174 EAS 
identifying the individuals or organizations that 
comprise such groups; and 
‘‘(B) includes the development, implementa-
tion, or maintenance of methods, technical or ad-
ministrative procedures, or information resources 
that support the purposes described in subpara-
graph (A). 
‘‘§ 3562. Coordination and oversight of policies 
‘‘(a) IN GENERAL.—The Director shall coordinate and 
oversee the confidentiality and disclosure policies estab-
lished by this subchapter. The Director may promulgate 
rules or provide other guidance to ensure consistent inter-
pretation of this subchapter by the affected agencies. The 
Director shall develop a process by which the Director des-
ignates agencies or organizational units as statistical agen-
cies 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), agen-
cies may promulgate rules to implement this subchapter. 
Rules governing disclosures of information that are author-
ized by this subchapter shall be promulgated by the agency 
that originally collected the information.
† HR 4174 EAS 
‘‘(c) REVIEW AND APPROVAL OF RULES.—The Direc-
tor 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 de-
fined in section 3576(e)) shall report annually to the 
Director, the Committee on Oversight and Govern-
ment 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 cop-
ies of each written agreement entered into pursuant 
to section 3576(c)(1) for the applicable year. 
‘‘(3) The Director shall include a summary of re-
ports submitted to the Director under this subsection 
and actions taken by the Director to advance the pur-
poses of this subchapter in the annual report to Con-
gress on statistical programs prepared under section 
3504(e)(2).
† HR 4174 EAS 
‘‘§ 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 statis-
tical activities; 
‘‘(C) conduct objective statistical activities; 
and 
‘‘(D) protect the trust of information pro-
viders by ensuring the confidentiality and exclu-
sive statistical use of their responses. 
‘‘(2) POLICIES, BEST
PRACTICES, AND
PROCE-
DURES.—Each statistical agency or unit shall adopt 
policies, best practices, and appropriate procedures to 
implement the responsibilities described in paragraph 
(1). 
‘‘(b) SUPPORT FROM OTHER AGENCIES.—The head of 
each agency shall enable, support, and facilitate statistical 
agencies or units in carrying out the responsibilities de-
scribed in subsection (a)(1). 
‘‘(c) REGULATIONS.—The Director shall prescribe reg-
ulations to carry out this section. 
‘‘(d) DEFINITIONS.—In this section:
† HR 4174 EAS 
‘‘(1) ACCURATE.—The term ‘accurate’, when 
used with respect to statistical activities, means sta-
tistics that consistently match the events and trends 
being measured. 
‘‘(2) CONFIDENTIALITY.—The term ‘confiden-
tiality’ means a quality or condition accorded to in-
formation as an obligation not to disclose that infor-
mation to an unauthorized party. 
‘‘(3) OBJECTIVE.—The term ‘objective’, when 
used with respect to statistical activities, means accu-
rate, clear, complete, and unbiased. 
‘‘(4) RELEVANT.—The term ‘relevant’, when used 
with respect to statistical information, means proc-
esses, activities, and other such matters likely to be 
useful to policymakers and public and private sector 
data users. 
‘‘§ 3564. Effect on other laws 
‘‘(a) TITLE 44, UNITED STATES CODE.—This sub-
chapter does not diminish the authority under section 3510 
of the Director to direct, and of an agency to make, disclo-
sures 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 accord-
† HR 4174 EAS 
ance with sections 8, 16, 301, and 401 of title 13 and section 
2108 of this title. 
‘‘(c) TITLE 13, UNITED STATES CODE.—This sub-
chapter shall not be construed as authorizing the disclosure 
for nonstatistical purposes of demographic data or informa-
tion collected by the Bureau of the Census pursuant to sec-
tion 9 of title 13. 
‘‘(d) VARIOUS ENERGY STATUTES.—Data or informa-
tion acquired by the Energy Information Administration 
under a pledge of confidentiality and designated by the En-
ergy 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 Envi-
ronmental Coordination Act of 1974 (15 U.S.C. 796); 
or 
‘‘(3) section 205 or 407 of the Department of En-
ergy 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 infor-
† HR 4174 EAS 
mation the disclosure of which would be a violation of law) 
with databases of Designated Statistical Agencies (as de-
fined in section 3576(e)), either separately or, for data that 
may be shared pursuant to section 3576(c) or other author-
ity, jointly in order to improve the general utility of these 
databases for the statistical purpose of analyzing pension 
and health care financing issues. 
‘‘(f) PREEMPTION OF STATE LAW.—Nothing in this 
subchapter shall preempt applicable State law regarding 
the confidentiality of data collected by the States. 
‘‘(g) STATUTES REGARDING FALSE STATEMENTS.— 
Notwithstanding section 3572, information collected by an 
agency for exclusively statistical purposes under a pledge 
of confidentiality may be provided by the collecting agency 
to a law enforcement agency for the prosecution of submis-
sions 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 con-
fidentiality protections or penalties for unauthorized disclo-
sure that otherwise apply to data or information collected 
for statistical purposes or nonstatistical purposes, includ-
† HR 4174 EAS 
ing, but not limited to, section 6103 of the Internal Revenue 
Code of 1986. 
‘‘(i) AUTHORITY OF CONGRESS.—Nothing in this sub-
chapter shall be construed to affect the authority of the Con-
gress, including its committees, members, or agents, to ob-
tain data or information for a statistical purpose, includ-
ing for oversight of an agency’s statistical activities. 
‘‘PART B—CONFIDENTIAL INFORMATION 
PROTECTION 
‘‘§ 3571. Findings 
‘‘The Congress finds the following: 
‘‘(1) Individuals, businesses, and other organiza-
tions have varying degrees of legal protection when 
providing information to the agencies for strictly sta-
tistical purposes. 
‘‘(2) Pledges of confidentiality by agencies pro-
vide assurances to the public that information about 
individuals or organizations or provided by individ-
uals or organizations for exclusively statistical pur-
poses 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 statis-
† HR 4174 EAS 
tical programs serves both the interests of the public 
and the needs of society. 
‘‘(4) Declining trust of the public in the protec-
tion of information provided under a pledge of con-
fidentiality 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 re-
ceives protection is essential in continuing public co-
operation in statistical programs. 
‘‘§ 3572. Confidential information protection 
‘‘(a) PURPOSES.—The purposes of this section are the 
following: 
‘‘(1) To ensure that information supplied by in-
dividuals or organizations to an agency for statistical 
purposes under a pledge of confidentiality is used ex-
clusively for statistical purposes. 
‘‘(2) To ensure that individuals or organizations 
who supply information under a pledge of confiden-
tiality to agencies for statistical purposes will neither 
have that information disclosed in identifiable form to 
anyone not authorized by this subchapter nor have 
that information used for any purpose other than a 
statistical purpose.
† HR 4174 EAS 
‘‘(3) To safeguard the confidentiality of individ-
ually identifiable information acquired under a 
pledge of confidentiality for statistical purposes by 
controlling access to, and uses made of, such informa-
tion. 
‘‘(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 accord-
ance with such pledge. 
‘‘(c) DISCLOSURE OF STATISTICAL DATA OR INFORMA-
TION.— 
‘‘(1) Data or information acquired by an agency 
under a pledge of confidentiality for exclusively sta-
tistical purposes shall not be disclosed by an agency 
in identifiable form, for any use other than an exclu-
sively 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
† HR 4174 EAS 
apply to data or information acquired by an agency 
under a pledge of confidentiality for exclusively sta-
tistical 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 pro-
vide 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 offi-
cer, employee, or agent of an agency acquiring information 
for exclusively statistical purposes, having taken and sub-
scribed 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
† HR 4174 EAS 
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 
‘‘§ 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, inves-
tors, and workers. 
‘‘(2) Federal statistical agencies should continu-
ously seek to improve their efficiency. Statutory con-
straints 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 re-
sponse 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 ex-
clusively statistical purposes will improve their abil-
† HR 4174 EAS 
ity to track more accurately the large and rapidly 
changing nature of United States business. In par-
ticular, 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 ad-
justed 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 Invest-
ment 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 com-
panies. The Act not only expanded detailed industry 
coverage from 135 industries to over 800 industries 
with no increase in the data collected from respond-
ents but also demonstrated how data sharing can re-
sult 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 sur-
veys.
† HR 4174 EAS 
‘‘§ 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 Eco-
nomic 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 establish-
ments and companies into industries, improve cov-
erage, 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 re-
gional statistics, to develop more accurate measures of 
the impact of technology on productivity growth, and 
to enhance the reliability of the Nation’s most impor-
tant economic indicators, such as the National In-
come and Product Accounts.
† HR 4174 EAS 
‘‘(b) RESPONSIBILITIES OF DESIGNATED STATISTICAL 
AGENCIES.—The head of each of the Designated Statistical 
Agencies shall— 
‘‘(1) identify opportunities to eliminate duplica-
tion and otherwise reduce reporting burden and cost 
imposed on the public in providing information for 
statistical purposes; 
‘‘(2) enter into joint statistical projects to im-
prove the quality and reduce the cost of statistical 
programs; and 
‘‘(3) protect the confidentiality of individually 
identifiable information acquired for statistical pur-
poses by adhering to safeguard principles, includ-
ing— 
‘‘(A) emphasizing to their officers, employ-
ees, and agents the importance of protecting the 
confidentiality of information in cases where the 
identity of individual respondents can reason-
ably 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 infor-
mation and in the procedures that must be fol-
lowed to provide access to such information;
† HR 4174 EAS 
‘‘(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 com-
pliance with safeguard principles to other agen-
cies authorized by law to monitor such compli-
ance. 
‘‘(c) SHARING
OF BUSINESS DATA AMONG DES-
IGNATED 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 au-
thorized to examine the business data to be 
shared; and
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‘‘(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 (in-
cluding 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, EMPLOY-
EES, AND AGENTS.—Examination of business data in 
identifiable form shall be limited to the officers, em-
ployees, and agents authorized to examine the indi-
vidual reports in accordance with written agreements 
pursuant to this section. Officers, employees, and 
agents of a Designated Statistical Agency who receive 
data pursuant to this section shall be subject to all 
provisions of law, including penalties, that relate— 
‘‘(A) to the unlawful provision of the busi-
ness data that would apply to the officers, em-
ployees, and agents of the agency that originally 
obtained the information; and
† HR 4174 EAS 
‘‘(B) to the unlawful disclosure of the busi-
ness 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 Sta-
tistical Agencies, for exclusively statistical purposes, 
the terms of such agreement shall be described in a 
public notice issued by the agency that intends to pro-
vide the data. Such notice shall allow a minimum of 
60 days for public comment. 
‘‘(d) LIMITATIONS ON USE OF BUSINESS DATA PRO-
VIDED BY DESIGNATED STATISTICAL AGENCIES.— 
‘‘(1) GENERAL USE.—Business data provided by 
a Designated Statistical Agency pursuant to this sec-
tion 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.
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‘‘(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 De-
partment 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 (Pub-
† HR 4174 EAS 
lic Law 107–347; 44 U.S.C. 3501 note) is repealed 
(and the table of contents of such Act shall be con-
formed accordingly). 
(2) TITLE 13, UNITED STATES CODE.—Section 
402 of title 13, United States Code, is amended by 
striking ‘‘the Confidential Information Protection and 
Statistical Efficiency Act of 2002’’ and inserting ‘‘sec-
tion 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 In-
formation Protection and Statistical Efficiency Act of
† HR 4174 EAS 
2002’’ and inserting ‘‘subchapter III of chapter 35 of 
title 44, United States Code’’. 
(5) FIXING
AMERICA’S
SURFACE
TRANSPOR-
TATION ACT.—Section 7308(e)(2) of the Fixing Amer-
ica’s Surface Transportation Act (Public Law 114– 
94; 49 U.S.C. 20155 note) is amended by striking 
‘‘the Confidential Information Protection and Statis-
tical 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 pro-
vision replaced by this title, that law is deemed to 
amend or repeal, as the case may be, the cor-
responding 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
UN-
CHANGED.—For purposes of determining whether one 
provision of law supersedes another based on enact-
ment later in time, the date of the enactment of a
† HR 4174 EAS 
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 ADMIN-
ISTRATIVE
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
COM-
MITTED.—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:
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‘‘PART D—ACCESS TO DATA FOR EVIDENCE 
‘‘§ 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 reg-
ulations for agencies to carry out this section. Such regula-
tions shall— 
‘‘(1) require the timely provision of data assets 
under subsection (a); 
‘‘(2) provide a list of statutes that exempt agen-
cies from the requirement under subsection (a) pursu-
ant 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
† HR 4174 EAS 
1974’) and any other applicable law requiring the 
protection and confidentiality of individually identi-
fiable information; and 
‘‘(4) require a transparent process for statistical 
agencies and units to request data assets from agen-
cies and for agencies to respond to such requests. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as altering existing intellectual prop-
erty rights or the terms of any contract or other binding, 
written agreement. 
‘‘§ 3582. Expanding secure access to CIPSEA data as-
sets 
‘‘(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 sub-
section (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:
† HR 4174 EAS 
‘‘(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 catego-
rizing 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 cor-
responding levels of accessibility that may be as-
signed to a data asset, including a requisite 
minimum and maximum number of sensitivity 
levels for each statistical agency or unit to use; 
‘‘(B) criteria for determining the sensitivity 
level and corresponding level of accessibility of 
each data asset; and 
‘‘(C) criteria for determining whether a less 
sensitive and more accessible version of a data 
asset can be produced. 
‘‘(2) Standards for each statistical agency or 
unit to improve access to a data asset pursuant to 
paragraph (1) or (3) by removing or obscuring infor-
mation 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