PUBL435.PS

132 STAT. 5529 PUBLIC LAW 115–435—JAN. 14, 2019

Public Law 115–435

115th Congress

An Act

To amend titles 5 and 44, United States Code, to require Federal evaluation activi-

ties, improve Federal data management, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) S

HORT

ITLE

.—This Act may be cited as the ‘‘Foundations

for Evidence-Based Policymaking Act of 2018’’.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—FEDERAL EVIDENCE–BUILDING ACTIVITIES

Sec. 101. Federal evidence-building activities.

TITLE II—OPEN GOVERNMENT DATA ACT

Sec. 201. Short title.

Sec. 202. OPEN Government data.

TITLE III—CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL

EFFICIENCY

Sec. 301. Short title.

Sec. 302. Confidential information protection and statistical efficiency.

Sec. 303. Increasing access to data for evidence.

TITLE IV—GENERAL PROVISIONS

Sec. 401. Rule of construction.

Sec. 402. Use of existing resources.

Sec. 403. Effective date.

TITLE I—FEDERAL EVIDENCE–

BUILDING ACTIVITIES

SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVITIES.

(a) I

ENERAL

.—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:

5 USC 301 prec.

Foundations for

Evidence-Based

Policymaking Act

of 2018.

5 USC 101 note.

Jan. 14, 2019

[H.R. 4174]

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132 STAT. 5530 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘SUBCHAPTER II—FEDERAL EVIDENCE-BUILDING

ACTIVITIES

‘‘§ 311. Definitions

‘‘In this subchapter:

‘‘(1) A

GENCY

.—The term ‘agency’ means an agency referred

to under section 901(b) of title 31.

‘‘(2) D

IRECTOR

.—The term ‘Director’ means the Director

of the Office of Management and Budget.

‘‘(3) E

VALUATION

.—The term ‘evaluation’ means an assess-

ment using systematic data collection and analysis of one or

more programs, policies, and organizations intended to assess

their effectiveness and efficiency.

‘‘(4) E

VIDENCE

.—The term ‘evidence’ has the meaning given

that term in section 3561 of title 44.

‘‘(5) S

TATE

.—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 orga-

nized group or community which is recognized as eligible for

the special programs and services provided by the United States

to Indians because of their status as Indians.

‘‘(6) S

TATISTICAL ACTIVITIES

;

STATISTICAL AGENCY OR UNIT

;

STATISTICAL PURPOSE

.—The terms ‘statistical activities’, ‘statis-

tical agency or unit’, and ‘statistical purpose’ have the meanings

given those terms in section 3561 of title 44.

‘‘§ 312. Agency evidence-building plan

‘‘(a) R

EQUIREMENT

.—The head of each agency shall include

in the strategic plan required under section 306 a systematic plan

for identifying and addressing policy questions relevant to the pro-

grams, policies, and regulations of the agency. Such plan shall

contain the following:

‘‘(1) A list of policy-relevant questions for which the agency

intends to develop evidence to support policymaking.

‘‘(2) A list of data the agency intends to collect, use, or

acquire to facilitate the use of evidence in policymaking.

‘‘(3) A list of methods and analytical approaches that may

be used to develop evidence to support policymaking.

‘‘(4) A list of any challenges to developing evidence to

support policymaking, including any statutory or other restric-

tions to accessing relevant data.

‘‘(5) A description of the steps the agency will take to

accomplish paragraphs (1) and (2).

‘‘(6) Any other information as required by guidance issued

by the Director.

‘‘(b) E

VALUATION

LAN

.—The head of each agency shall issue

in conjunction with the performance plan required under section

1115(b) of title 31, an evaluation plan describing activities the

agency plans to conduct pursuant to subsection (a) of this section

during the fiscal year following the year in which the performance

plan is submitted. Such plan shall—

‘‘(1) describe key questions for each significant evaluation

study that the agency plans to begin in the next fiscal year;

‘‘(2) describe key information collections or acquisitions the

agency plans to begin in the next fiscal year; and

Lists.

5 USC 312.

5 USC 311.

5 USC 311 prec.

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132 STAT. 5531 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(3) any other information included in guidance issued

by the Director under subsection (a)(6).

‘‘(c) C

ONSULTATION

.—In developing the plan required under

subsection (a), the head of an agency shall consult with stake-

holders, including the public, agencies, State and local governments,

and representatives of non-governmental researchers.

‘‘§ 313. Evaluation Officers

‘‘(a) E

STABLISHMENT

.—The head of each agency shall designate

a senior employee of the agency as the Evaluation Officer of the

agency.

‘‘(b) Q

UALIFICATIONS

.—The Evaluation Officer of an agency

shall be appointed or designated without regard to political affili-

ation and based on demonstrated expertise in evaluation method-

ology and practices and appropriate expertise to the disciplines

of the agency.

‘‘(c) C

OORDINATION

.—The Evaluation Officer of an agency shall,

to the extent practicable, coordinate activities with agency officials

necessary to carry out the functions required under subsection

(d).

‘‘(d) F

UNCTIONS

.—The Evaluation Officer of each agency shall—

‘‘(1) continually assess the coverage, quality, methods,

consistency, effectiveness, independence, and balance of the

portfolio of evaluations, policy research, and ongoing evaluation

activities of the agency;

‘‘(2) assess agency capacity to support the development

and use of evaluation;

‘‘(3) establish and implement an agency evaluation policy;

and

‘‘(4) coordinate, develop, and implement the plans required

under section 312.

‘‘§ 314. Statistical expertise

‘‘(a) I

ENERAL

.—The head of each agency shall designate

the head of any statistical agency or unit within the agency, or

in the case of an agency that does not have a statistical agency

or unit, any senior agency official with appropriate expertise, as

a statistical official to advise on statistical policy, techniques, and

procedures. Agency officials engaged in statistical activities may

consult with any such statistical official as necessary.

‘‘(b) M

EMBERSHIP ON

NTERAGENCY

OUNCIL ON

TATISTICAL

OLICY

.—Each statistical official designated under subsection (a)

shall serve as a member of the Interagency Council on Statistical

Policy established under section 3504(e)(8) of title 44.

‘‘§ 315. Advisory Committee on Data for Evidence Building

‘‘(a) E

STABLISHMENT

.—The Director, or the head of an agency

designated by the Director, shall establish an Advisory Committee

on Data for Evidence Building (in this section referred to as the

‘Advisory Committee’) to review, analyze, and make recommenda-

tions on how to promote the use of Federal data for evidence

building.

‘‘(b) M

EMBERSHIP

.—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:

Appointments.

5 USC 315.

Designation.

5 USC 314.

Assessments.

Designation.

5 USC 313.

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132 STAT. 5532 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(1) One member who is an agency Chief Information

Officer.

‘‘(2) One member who is an agency Chief Privacy Officer.

‘‘(3) One member who is an agency Chief Performance

Officer.

‘‘(4) Three members who are agency Chief Data Officers.

‘‘(5) Three members who are agency Evaluation Officers.

‘‘(6) Three members who are members of the Interagency

Council for Statistical Policy established under section

3504(e)(8) of title 44.

‘‘(7) At least 10 members who are representatives of State

and local governments and nongovernmental stakeholders with

expertise in government data policy, privacy, technology, trans-

parency policy, evaluation and research methodologies, and

other relevant subjects, of whom—

‘‘(A) at least one shall have expertise in transparency

policy;

‘‘(B) at least one shall have expertise in privacy policy;

‘‘(C) at least one shall have expertise in statistical

data use;

‘‘(D) at least one shall have expertise in information

management;

‘‘(E) at least one shall have expertise in information

technology; and

‘‘(F) at least one shall be from the research and evalua-

tion community.

‘‘(c) T

ERM OF

ERVICE

.—

‘‘(1) I

N GENERAL

.—Each member of the Advisory Committee

shall serve for a term of 2 years.

‘‘(2) V

ACANCY

.—Any member appointed to fill a vacancy

occurring before the expiration of the term for which the mem-

ber’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) C

OMPENSATION

.—Members of the Advisory Committee shall

serve without compensation.

‘‘(e) D

UTIES

.—The Advisory Committee shall—

‘‘(1) assist the Director in carrying out the duties of the

Director under part D of subchapter III of chapter 35 of title

44;

‘‘(2) evaluate and provide recommendations to the Director

on how to facilitate data sharing, enable data linkage, and

develop privacy enhancing techniques; and

‘‘(3) review the coordination of data sharing or availability

for evidence building across all agencies.

‘‘(f) R

EPORTS

.—The Advisory Committee shall submit to the

Director and make publicly available an annual report on the activi-

ties and findings of the Advisory Committee.

‘‘(g) T

ERMINATION

.—The Advisory Committee shall terminate

not later than two years after the date of the first meeting.’’.

(b) T

ECHNICAL AND

ONFORMING

MENDMENTS

.—The table of

sections for chapter 3 of part I of title 5, United States Code,

is amended—

(1) by inserting before the item relating to section 301

the following:

5 USC 301 prec.

Public

information.

Review.

Recommenda-

tions.

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132 STAT. 5533 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘

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.’’.

GENCY

TRATEGIC

LANS

.—Section 306(a) of title 5, United

States Code, is amended—

(1) in paragraph (7), by striking ‘‘; and’’ at the end and

inserting a semicolon;

(2) in paragraph (8), by—

(A) striking the period at the end; and

(B) inserting after ‘‘to be conducted’’ the following:

‘‘, and citations to relevant provisions of the plans required

under section 312; and’’; and

(3) by adding at the end the following:

‘‘(9) an assessment of the coverage, quality, methods,

effectiveness, and independence of the statistics, evaluation,

research, and analysis efforts of the agency, including—

‘‘(A) a list of the activities and operations of the agency

that are currently being evaluated and analyzed;

‘‘(B) the extent to which the evaluations, research,

and analysis efforts and related activities of the agency

support the needs of various divisions within the agency;

‘‘(C) the extent to which the evaluation research and

analysis efforts and related activities of the agency address

an appropriate balance between needs related to organiza-

tional learning, ongoing program management, perform-

ance management, strategic management, interagency and

private sector coordination, internal and external oversight,

and accountability;

‘‘(D) the extent to which the agency uses methods

and combinations of methods that are appropriate to agency

divisions and the corresponding research questions being

addressed, including an appropriate combination of forma-

tive and summative evaluation research and analysis

approaches;

‘‘(E) the extent to which evaluation and research

capacity is present within the agency to include personnel

and agency processes for planning and implementing

evaluation activities, disseminating best practices and

findings, and incorporating employee views and feedback;

and

‘‘(F) the extent to which the agency has the capacity

to assist agency staff and program offices to develop the

capacity to use evaluation research and analysis

approaches and data in the day-to-day operations.’’.

(d) GAO R

EPORT

.—Not later than 2 years after the date on

which each strategic plan required under section 306(a) of title

5, United States Code, is published, the Comptroller General of

the United States shall submit to Congress a report that—

(1) summarizes agency findings and highlights trends in

the assessment conducted pursuant to subsection (a)(9) of sec-

tion 306 of title 5, United States Code, as added by subsection

(c); and

Summary.

5 USC 306 note.

Lists.

Assessment.

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132 STAT. 5534 PUBLIC LAW 115–435—JAN. 14, 2019

(2) if appropriate, recommends actions to further improve

agency capacity to use evaluation techniques and data to sup-

port evaluation efforts.

(e) E

VALUATION AND

ERSONNEL

TANDARDS

.—

(1) R

EQUIREMENT

.—Not later than 1 year after the date

of enactment of this Act, the Director of the Office of Manage-

ment 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) G

UIDANCE

.—Not later than 90 days after the date on

which the guidance under paragraph (1) is issued, the head

of each agency shall oversee the implementation of such guid-

ance.

(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 consulta-

tion with the Director of the Office of Management and Budget,

shall—

(A) identify key skills and competencies needed for

program evaluation in an agency;

(B) establish a new occupational series, or update and

improve an existing occupational series, for program

evaluation within an agency; and

within an agency.

(4) D

EFINITIONS

.—In this Act:

(A) A

GENCY

.—Except as otherwise provided, the term

‘‘agency’’ has the meaning given the term ‘‘Executive

agency’’ under section 105.

(B) E

VALUATION

.—The term ‘‘evaluation’’ has the

meaning given that term in section 311 of title 5, United

States Code, as added by subsection (a).

TITLE II—OPEN GOVERNMENT DATA

ACT

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Open, Public, Electronic, and

Necessary Government Data Act’’ or the ‘‘OPEN Government Data

Act’’.

SEC. 202. OPEN GOVERNMENT DATA.

(a) D

EFINITIONS

.—Section 3502 of title 44, United States Code,

is amended—

(1) in paragraph (13), by striking ‘‘; and’’ at the end and

inserting a semicolon;

(2) in paragraph (14), by striking the period at the end

and inserting a semicolon; and

(3) by adding at the end the following new paragraphs:

‘‘(15) the term ‘comprehensive data inventory’ means the

inventory created under section 3511(a), but does not include

any underlying data asset listed on the inventory;

Open, Public,

Electronic, and

Necessary

Government

Data Act.

44 USC 101 note.

Deadline.

Consultation.

Deadline.

Guidance.

Deadline.

Consultation.

5 USC 311 note.

Recommenda-

tions.

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132 STAT. 5535 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(16) the term ‘data’ means recorded information, regard-

less of form or the media on which the data is recorded;

‘‘(17) the term ‘data asset’ means a collection of data ele-

ments or data sets that may be grouped together;

‘‘(18) the term ‘machine-readable’, when used with respect

to data, means data in a format that can be easily processed

by a computer without human intervention while ensuring

no semantic meaning is lost;

‘‘(19) the term ‘metadata’ means structural or descriptive

information about data such as content, format, source, rights,

accuracy, provenance, frequency, periodicity, granularity, pub-

lisher or responsible party, contact information, method of

collection, and other descriptions;

‘‘(20) the term ‘open Government data asset’ means a public

data asset that is—

‘‘(A) machine-readable;

‘‘(B) available (or could be made available) in an open

format;

‘‘(C) not encumbered by restrictions, other than

intellectual property rights, including under titles 17 and

35, that would impede the use or reuse of such asset;

and

‘‘(D) based on an underlying open standard that is

maintained by a standards organization;

‘‘(21) the term ‘open license’ means a legal guarantee that

a data asset is made available—

‘‘(A) at no cost to the public; and

‘‘(B) with no restrictions on copying, publishing, distrib-

uting, transmitting, citing, or adapting such asset;

‘‘(22) the term ‘public data asset’ means a data asset,

or part thereof, maintained by the Federal Government that

has been, or may be, released to the public, including any

data asset, or part thereof, subject to disclosure under section

552 of title 5; and

‘‘(23) the term ‘statistical laws’ means subchapter III of

this chapter and other laws pertaining to the protection of

information collected for statistical purposes as designated by

the Director.’’.

(b) G

UIDANCE TO

AKE

ATA

PEN BY

EFAULT

.—Section

3504(b) of title 44, United States Code, is amended—

(1) in paragraph (4), by striking ‘‘; and’’ and inserting

a semicolon;

(2) in paragraph (5), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(6) issue guidance for agencies to implement section

3506(b)(6) in a manner that takes into account—

‘‘(A) risks and restrictions related to the disclosure

of personally identifiable information, including the risk

that an individual data asset in isolation does not pose

a privacy or confidentiality risk but when combined with

other available information may pose such a risk;

‘‘(B) security considerations, including the risk that

information in an individual data asset in isolation does

not pose a security risk but when combined with other

available information may pose such a risk;

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132 STAT. 5536 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(C) the cost and benefits to the public of converting

a data asset into a machine-readable format that is acces-

sible and useful to the public;

‘‘(D) whether the application of the requirements

described in such section to a data asset could result in

legal liability;

‘‘(E) a determination of whether a data asset—

‘‘(i) is subject to intellectual property rights,

including rights under titles 17 and 35;

‘‘(ii) contains confidential business information,

that could be withheld under section 552(b)(4) of title

5; or

‘‘(iii) is otherwise restricted by contract or other

binding, written agreement;

‘‘(F) the requirement that a data asset be disclosed,

if it would otherwise be made available under section 552

of title 5 (commonly known as the ‘Freedom of Information

Act’); and

‘‘(G) any other considerations that the Director deter-

mines to be relevant.’’.

EDERAL

GENCY

ESPONSIBILITIES TO

AKE

ATA

PEN

EFAULT

.—

(1) A

MENDMENTS

.—Section 3506 of title 44, United States

Code, is amended—

(A) in subsection (b)—

(i) by amending paragraph (2) to read as follows:

‘‘(2) in accordance with guidance by the Director, develop

and maintain a strategic information resources management

plan that, to the extent practicable—

‘‘(A) describes how information resources management

activities help accomplish agency missions;

‘‘(B) includes an open data plan for data that does

not concern monetary policy that—

‘‘(i) requires the agency to develop processes and

procedures that—

‘‘(I) require data collection mechanisms created

on or after the date of the enactment of the OPEN

Government Data Act to be available in an open

format; and

‘‘(II) facilitate collaboration with non-Govern-

ment entities (including businesses), researchers,

and the public for the purpose of understanding

how data users value and use government data;

‘‘(ii) identifies and implements methods for col-

lecting and analyzing digital information on data asset

usage by users within and outside of the agency,

including designating a point of contact within the

agency to assist the public and to respond to quality

issues, usability issues, recommendations for improve-

ments, and complaints about adherence to open data

requirements within a reasonable period of time;

‘‘(iii) develops and implements a process to

evaluate and improve the timeliness, completeness,

consistency, accuracy, usefulness, and availability of

open Government data assets;

‘‘(iv) includes requirements for meeting the goals

of the agency open data plan, including the acquisition

Strategic plan.

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132 STAT. 5537 PUBLIC LAW 115–435—JAN. 14, 2019

of technology, provision of training for employees, and

the implementation of procurement standards, in

accordance with existing law, regulation, and policy,

that allow for the acquisition of innovative solutions

from public and private sectors;

‘‘(v) identifies as priority data assets any data asset

for which disclosure would be in the public interest

and establishes a plan to evaluate each priority data

asset for disclosure on the Federal Data Catalogue

under section 3511 and for a determination under

3511(a)(2)(A)(iii)(I)(bb), including an accounting of

which priority data assets have not yet been evaluated;

and

‘‘(vi) requires the agency to comply with require-

ments under section 3511, including any standards

established by the Director under such section, when

disclosing a data asset pursuant to such section; and

‘‘(C) is updated annually and made publicly available

on the website of the agency not later than 5 days after

each such update;’’;

(ii) in paragraph (4), by striking ‘‘; and’’ and

inserting a semicolon;

(iii) in paragraph (5), by striking the period at

the end and inserting ‘‘; and’’; and

(iv) by adding at the end the following new para-

graph:

‘‘(6) in accordance with guidance by the Director—

‘‘(A) make each data asset of the agency available

in an open format; and

‘‘(B) make each public data asset of the agency avail-

able—

‘‘(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 para-

graphs:

‘‘(5) ensure that any public data asset of the agency is

machine-readable; and

‘‘(6) engage the public in using public data assets of the

agency and encourage collaboration by—

‘‘(A) publishing on the website of the agency, on a

regular basis (not less than annually), information on the

usage of such assets by non-Government users;

‘‘(B) providing the public with the opportunity to

request specific data assets to be prioritized for disclosure

and to provide suggestions for the development of agency

criteria with respect to prioritizing data assets for disclo-

sure;

‘‘(C) assisting the public in expanding the use of public

data assets; and

‘‘(D) hosting challenges, competitions, events, or other

initiatives designed to create additional value from public

data assets of the agency.’’.

Web posting.

Update.

Public

information.

Web posting.

Deadline.

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132 STAT. 5538 PUBLIC LAW 115–435—JAN. 14, 2019

(2) U

SE OF OPEN DATA ASSETS

.—Not later than 1 year

after the date of the enactment of this Act, the head of each

agency (as defined in section 3502 of title 44, United States

Code) shall ensure that any activity by the agency meets the

requirements of section 3506 of title 44, United States Code,

as amended by this subsection.

(3) E

FFECTIVE DATE

.—The amendments made by this sub-

section shall take effect on the date that is 1 year after the

date of the enactment of this Act.

(d) D

ATA

NVENTORY AND

EDERAL

ATA

ATALOGUE

.—

(1) A

MENDMENT

.—Section 3511 of title 44, United States

Code, is amended to read as follows:

‘‘§ 3511. Data inventory and Federal data catalogue

‘‘(a) C

OMPREHENSIVE

ATA

NVENTORY

.—

‘‘(1) I

N GENERAL

.—In consultation with the Director and

in accordance with the guidance established under paragraph

(2), the head of each agency shall, to the maximum extent

practicable, develop and maintain a comprehensive data inven-

tory that accounts for all data assets created by, collected

by, under the control or direction of, or maintained by the

agency. The head of each agency shall ensure that such inven-

tory provides a clear and comprehensive understanding of the

data assets in the possession of the agency.

‘‘(2) G

UIDANCE

.—The Director shall establish guidance for

agencies to develop and maintain comprehensive data inven-

tories under paragraph (1). Such guidance shall include the

following:

‘‘(A) A requirement for the head of an agency to include

in the comprehensive data inventory metadata on each

data asset of the agency, including, to the maximum extent

practicable, the following:

‘‘(i) A description of the data asset, including all

variable names and definitions.

‘‘(ii) The name or title of the data asset.

‘‘(iii) An indication of whether or not the agency—

‘‘(I) has determined or can determine if the

data asset is—

‘‘(aa) an open Government data asset;

‘‘(bb) subject to disclosure or partial disclo-

sure or exempt from disclosure under section

552 of title 5;

‘‘(cc) a public data asset eligible for disclo-

sure under subsection (b); or

‘‘(dd) a data asset not subject to open for-

mat or open license requirements due to

existing limitations or restrictions on govern-

ment distribution of the asset; or

‘‘(II) as of the date of such indication, has

not made such determination.

‘‘(iv) Any determination made under section 3582,

if available.

‘‘(v) A description of the method by which the

public may access or request access to the data asset.

‘‘(vi) The date on which the data asset was most

recently updated.

Consultation.

44 USC 3506

note.

Deadline.

44 USC 3506

note.

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132 STAT. 5539 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(vii) Each agency responsible for maintaining the

data asset.

‘‘(viii) The owner of the data asset.

‘‘(ix) To the extent practicable, any restriction on

the use of the data asset.

‘‘(x) The location of the data asset.

‘‘(xi) Any other metadata necessary to make the

comprehensive data inventory useful to the agency and

the public, or otherwise determined useful by the

Director.

‘‘(B) A requirement for the head of an agency to exclude

from the comprehensive data inventory any data asset

contained on a national security system, as defined in

section 11103 of title 40.

‘‘(C) Criteria for the head of an agency to use in deter-

mining which metadata required by subparagraph (A), if

any, in the comprehensive data inventory may not be made

publicly available, which shall include, at a minimum, a

requirement to ensure all information that could not other-

wise be withheld from disclosure under section 552 of title

5 is made public in the comprehensive data inventory.

‘‘(D) A requirement for the head of each agency, in

accordance with a procedure established by the Director,

to submit for inclusion in the Federal data catalogue main-

tained under subsection (c) the comprehensive data inven-

tory developed pursuant to subparagraph (C), including

any real-time updates to such inventory, and data assets

made available in accordance with subparagraph (E) or

any electronic hyperlink providing access to such data

assets.

‘‘(E) Criteria for the head of an agency to use in deter-

mining whether a particular data asset should not be made

publicly available in a manner that takes into account—

‘‘(i) risks and restrictions related to the disclosure

of personally identifiable information, including the

risk that an individual data asset in isolation does

not pose a privacy or confidentiality risk but when

combined with other available information may pose

such a risk;

‘‘(ii) security considerations, including the risk that

information in an individual data asset in isolation

does not pose a security risk but when combined with

other available information may pose such a risk;

‘‘(iii) the cost and benefits to the public of con-

verting the data into a format that could be understood

and used by the public;

‘‘(iv) whether the public dissemination of the data

asset could result in legal liability;

‘‘(v) whether the data asset—

‘‘(I) is subject to intellectual property rights,

including rights under titles 17 and 35;

‘‘(II) contains confidential business informa-

tion, that could be withheld under section 552(b)(4)

of title 5; or

‘‘(III) is restricted by contract or other binding,

written agreement;

Criteria.

Determination.

Procedure.

Inventory.

Update.

Criteria.

Determination.

Public

information.

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132 STAT. 5540 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(vi) whether the holder of a right to such data

asset has been consulted;

‘‘(vii) the expectation that all data assets that

would otherwise be made available under section 552

of title 5 be disclosed; and

‘‘(viii) any other considerations that the Director

determines to be relevant.

‘‘(F) Criteria for the head of an agency to use in

assessing the indication of a determination under subpara-

graph (A)(iii) and how to prioritize any such subsequent

determinations in the strategic information management

plan under section 3506, in consideration of the existing

resources available to the agency.

‘‘(3) R

EGULAR UPDATES REQUIRED

.—With respect to each

data asset created or identified by an agency, the head of

the agency shall update the comprehensive data inventory of

the agency not later than 90 days after the date of such creation

or identification.

‘‘(b) P

UBLIC

ATA

SSETS

.—The head of each agency shall

submit public data assets, or links to public data assets available

online, as open Government data assets for inclusion in the Federal

data catalogue maintained under subsection (c), in accordance with

the guidance established under subsection (a)(2).

‘‘(c) F

EDERAL

ATA

ATALOGUE

.—

‘‘(1) I

N GENERAL

.—The Administrator of General Services

shall maintain a single public interface online as a point of

entry dedicated to sharing agency data assets with the public,

which shall be known as the ‘Federal data catalogue’. The

Administrator and the Director shall ensure that agencies can

submit public data assets, or links to public data assets, for

publication and public availability on the interface.

‘‘(2) R

EPOSITORY

.—The Director shall collaborate with the

Office of Government Information Services and the Adminis-

trator of General Services to develop and maintain an online

repository of tools, best practices, and schema standards to

facilitate the adoption of open data practices across the Federal

Government, which shall—

‘‘(A) include any definitions, regulations, policies,

checklists, and case studies related to open data policy;

‘‘(B) facilitate collaboration and the adoption of best

practices across the Federal Government relating to the

adoption of open data practices; and

‘‘(C) be made available on the Federal data catalogue

maintained under paragraph (1).

‘‘(3) A

CCESS TO OTHER DATA ASSETS

.—The Director shall

ensure the Federal data catalogue maintained under paragraph

(1) provides information on how the public can access a data

asset included in a comprehensive data inventory under sub-

section (a) that is not yet available on the Federal data cata-

logue, including information regarding the application process

established under section 3583 of title 44.

‘‘(d) D

ELEGATION

.—The Director shall delegate to the Adminis-

trator 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) T

ECHNICAL AND CONFORMING AMENDMENTS

.—

Guidance.

Publication.

Public

information.

Deadline.

Inventory.

Criteria.

Assessment.

Determination.

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132 STAT. 5541 PUBLIC LAW 115–435—JAN. 14, 2019

(A) T

ABLE OF SECTIONS

.—The item relating to section

3511 of the table of sections at the beginning of chapter

35 of title 44, United States Code, is amended to read

as follows:

‘‘3511. Data inventory and Federal data catalogue.’’.

(B) C

ROSS

REFERENCE

.—Section 3504(b)(2)(A) of title

44, United States Code, is amended by striking ‘‘the use

of the Government Information Locator Service’’ and

inserting ‘‘the use of comprehensive data inventories and

the Federal data catalogue under section 3511’’.

(e) C

HIEF

ATA

FFICERS

.—

(1) A

MENDMENT

.—Section 3520 of title 44, United States

Code, is amended to read as follows:

‘‘§ 3520. Chief Data Officers

‘‘(a) E

STABLISHMENT

.—The head of each agency shall designate

a nonpolitical appointee employee in the agency as the Chief Data

Officer of the agency.

‘‘(b) Q

UALIFICATIONS

.—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, anal-

ysis, protection, use, and dissemination, including with respect to

any statistical and related techniques to protect and de-identify

confidential data.

‘‘(c) F

UNCTIONS

.—The Chief Data Officer of an agency shall—

‘‘(1) be responsible for lifecycle data management;

‘‘(2) coordinate with any official in the agency responsible

for using, protecting, disseminating, and generating data to

ensure that the data needs of the agency are met;

‘‘(3) manage data assets of the agency, including the

standardization of data format, sharing of data assets, and

publication of data assets in accordance with applicable law;

‘‘(4) in carrying out the requirements under paragraphs

(3) and (5), consult with any statistical official of the agency

(as designated under section 314 of title 5);

‘‘(5) carry out the requirements of the agency under sub-

sections (b) through (d), (f), and (i) of section 3506, section

3507, and section 3511;

‘‘(6) ensure that, to the extent practicable, agency data

conforms with data management best practices;

‘‘(7) engage agency employees, the public, and contractors

in using public data assets and encourage collaborative

approaches on improving data use;

‘‘(8) support the Performance Improvement Officer of the

agency in identifying and using data to carry out the functions

described in section 1124(a)(2) of title 31;

‘‘(9) support the Evaluation Officer of the agency in

obtaining data to carry out the functions described in section

313(d) of title 5;

‘‘(10) review the impact of the infrastructure of the agency

on data asset accessibility and coordinate with the Chief

Information Officer of the agency to improve such infrastructure

to reduce barriers that inhibit data asset accessibility;

‘‘(11) ensure that, to the extent practicable, the agency

maximizes the use of data in the agency, including for the

Review.

Coordination.

Consultation.

Coordination.

Designation.

44 USC 3501

prec.

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132 STAT. 5542 PUBLIC LAW 115–435—JAN. 14, 2019

production of evidence (as defined in section 3561), cybersecu-

rity, and the improvement of agency operations;

‘‘(12) identify points of contact for roles and responsibilities

related to open data use and implementation (as required by

the Director);

‘‘(13) serve as the agency liaison to other agencies and

the Office of Management and Budget on the best way to

use existing agency data for statistical purposes (as defined

in section 3561); and

‘‘(14) comply with any regulation and guidance issued under

subchapter III, including the acquisition and maintenance of

any required certification and training.

‘‘(d) D

ELEGATION OF

ESPONSIBILITIES

.—

‘‘(1) I

N GENERAL

.—To the extent necessary to comply with

statistical laws, the Chief Data Officer of an agency shall dele-

gate any responsibility under subsection (c) to the head of

a statistical agency or unit (as defined in section 3561) within

the agency.

‘‘(2) C

ONSULTATION

.—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) D

EFERENCE

.—The Chief Data Officer of the agency

shall defer to the individual to whom a responsibility has

been delegated under paragraph (1) regarding the necessary

delegation of such responsibility with respect to any data

acquired, maintained, or disseminated by the agency under

applicable statistical law.

‘‘(e) R

EPORTS

.—The Chief Data Officer of an agency shall submit

to the Committee on Homeland Security and Governmental Affairs

of the Senate and the Committee on Oversight and Government

Reform of the House of Representatives an annual report on the

compliance of the agency with the requirements of this subchapter,

including information on each requirement that the agency could

not carry out and, if applicable, what the agency needs to carry

out such requirement.’’.

(2) T

ECHNICAL AND CONFORMING AMENDMENT

.—The item

relating to section 3520 of the table of sections at the beginning

of chapter 35 of title 44, United States Code, is amended

to read as follows:

‘‘3520. Chief Data Officers.’’.

(f) C

HIEF

ATA

FFICER

OUNCIL

.—

(1) A

MENDMENT

.—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) E

STABLISHMENT

.—There is established in the Office of

Management and Budget a Chief Data Officer Council (in this

section referred to as the ‘Council’).

‘‘(b) P

URPOSE AND

UNCTIONS

.—The Council shall—

‘‘(1) establish Governmentwide best practices for the use,

protection, dissemination, and generation of data;

‘‘(2) promote and encourage data sharing agreements

between agencies;

44 USC 3520A.

44 USC 3501

prec.

Compliance.

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132 STAT. 5543 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(3) identify ways in which agencies can improve upon

the production of evidence for use in policymaking;

‘‘(4) consult with the public and engage with private users

of Government data and other stakeholders on how to improve

access to data assets of the Federal Government; and

‘‘(5) identify and evaluate new technology solutions for

improving the collection and use of data.

‘‘(c) M

EMBERSHIP

.—

‘‘(1) I

N GENERAL

.—The Chief Data Officer of each agency

shall serve as a member of the Council.

‘‘(2) C

HAIR

.—The Director shall select the Chair of the

Council from among the members of the Council.

‘‘(3) A

DDITIONAL MEMBERS

.—The Administrator of the

Office of Electronic Government shall serve as a member of

the Council.

‘‘(4) E

X OFFICIO MEMBER

.—The Director shall appoint a

representative for all Chief Information Officers and Evaluation

Officers, and such representative shall serve as an ex officio

member of the Council.

‘‘(d) R

EPORTS

.—The Council shall submit to the Director, the

Committee on Homeland Security and Governmental Affairs of

the Senate, and the Committee on Oversight and Government

Reform of the House of Representatives a biennial report on the

work of the Council.

‘‘(e) E

VALUATION AND

ERMINATION

.—

‘‘(1) GAO

EVALUATION OF COUNCIL

.—Not later than 4 years

after date of the enactment of this section, the Comptroller

General shall submit to Congress a report on whether the

additional duties of the Council improved the use of evidence

and program evaluation in the Federal Government.

‘‘(2) T

ERMINATION OF COUNCIL

.—The Council shall termi-

nate and this section shall be repealed upon the expiration

of the 2-year period that begins on the date the Comptroller

General submits the report under paragraph (1) to Congress.’’.

(2) T

ECHNICAL AND CONFORMING AMENDMENT

.—The table

of sections at the beginning of chapter 35 of title 44, United

States Code, is amended by inserting before the item relating

to section 3521 the following new item:

‘‘3520A. Chief Data Officer Council.’’.

(g) R

EPORTS

.—

(1) GAO

REPORT

.—Not later than 3 years after the date

of the enactment of this Act, the Comptroller General of the

United States shall submit to the Committee on Homeland

Security and Governmental Affairs of the Senate and the Com-

mittee on Oversight and Government Reform of the House

of Representatives 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 available would be valuable

to the public; and

tory developed under section 3511 of title 44, United States

Code, as amended by subsection (d).

44 USC 3501

prec.

Time period.

Effective date.

Deadline.

Appointment.

Consultation.

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132 STAT. 5544 PUBLIC LAW 115–435—JAN. 14, 2019

(2) B

IENNIAL OMB REPORT

.—Not later than 1 year after

date of the enactment of this Act, and biennially thereafter,

the Director of the Office of Management and Budget shall

electronically publish a report on agency performance and

compliance with this Act and the amendments made by this

Act.

TITLE III—CONFIDENTIAL INFORMA-

TION PROTECTION AND STATISTICAL

EFFICIENCY

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Confidential Information Protec-

tion and Statistical Efficiency Act of 2018’’.

SEC. 302. CONFIDENTIAL INFORMATION PROTECTION AND STATIS-

TICAL EFFICIENCY.

(a) I

ENERAL

.—Chapter 35 of title 44, United States Code,

is amended by adding at the end the following new subchapter:

‘‘SUBCHAPTER III—CONFIDENTIAL INFORMATION

PROTECTION AND STATISTICAL EFFICIENCY

‘‘PART A—GENERAL

‘‘§ 3561. Definitions

‘‘In this subchapter:

‘‘(1) A

GENCY

.—The term ‘agency’ means any entity that

falls within the definition of the term ‘executive agency’, as

defined in section 102 of title 31, or ‘agency’, as defined in

section 3502.

‘‘(2) A

GENT

.—The term ‘agent’ means an individual—

‘‘(A)(i) who is an employee of a private organization

or a researcher affiliated with an institution of higher

learning (including a person granted special sworn status

by the Bureau of the Census under section 23(c) of title

13), and with whom a contract or other agreement is

executed, on a temporary basis, by an executive agency

to perform exclusively statistical activities under the con-

trol and supervision of an officer or employee of that

agency;

‘‘(ii) who is working under the authority of a govern-

ment entity with which a contract or other agreement

is executed by an executive agency to perform exclusively

statistical activities under the control of an officer or

employee of that agency;

‘‘(iii) who is a self-employed researcher, a consultant,

a contractor, or an employee of a contractor, and with

whom a contract or other agreement is executed by an

executive agency to perform a statistical activity under

the control of an officer or employee of that agency; or

‘‘(iv) who is a contractor or an employee of a contractor,

and who is engaged by the agency to design or maintain

the systems for handling or storage of data received under

this subchapter; and

44 USC 3561.

44 USC 3561

prec.

44 USC 3561

prec.

44 USC 101 note.

Confidential

Information

Protection and

Statistical

Efficiency

Act of 2018.

44 USC 3502

note.

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132 STAT. 5545 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(B) who agrees in writing to comply with all provisions

of law that affect information acquired by that agency.

‘‘(3) B

USINESS DATA

.—The term ‘business data’ means oper-

ating and financial data and information about businesses,

tax-exempt organizations, and government entities.

‘‘(4) D

ATA ASSET

.—The term ‘data asset’ has the meaning

given that term in section 3502.

‘‘(5) D

IRECTOR

.—The term ‘Director’ means the Director

of the Office of Management and Budget.

‘‘(6) E

VIDENCE

.—The term ‘evidence’ means information

produced as a result of statistical activities conducted for a

statistical purpose.

‘‘(7) I

DENTIFIABLE FORM

.—The term ‘identifiable form’

means any representation of information that permits the

identity of the respondent to whom the information applies

to be reasonably inferred by either direct or indirect means.

‘‘(8) N

ONSTATISTICAL PURPOSE

.—The term ‘nonstatistical

purpose’—

‘‘(A) means the use of data in identifiable form for

any purpose that is not a statistical purpose, including

any administrative, regulatory, law enforcement, adjudica-

tory, or other purpose that affects the rights, privileges,

or benefits of a particular identifiable respondent; and

‘‘(B) includes the disclosure under section 552 of title

5 of data that are acquired for exclusively statistical pur-

poses under a pledge of confidentiality.

‘‘(9) R

ESPONDENT

.—The term ‘respondent’ means a person

who, or organization that, is requested or required to supply

information to an agency, is the subject of information

requested or required to be supplied to an agency, or provides

that information to an agency.

‘‘(10) S

TATISTICAL ACTIVITIES

.—The term ‘statistical activi-

ties’—

‘‘(A) means the collection, compilation, processing, or

analysis of data for the purpose of describing or making

estimates concerning the whole, or relevant groups or

components within, the economy, society, or the natural

environment; and

‘‘(B) includes the development of methods or resources

that support those activities, such as measurement

methods, models, statistical classifications, or sampling

frames.

‘‘(11) S

TATISTICAL AGENCY OR UNIT

.—The term ‘statistical

agency or unit’ means an agency or organizational unit of

the executive branch whose activities are predominantly the

collection, compilation, processing, or analysis of information

for statistical purposes, as designated by the Director under

section 3562.

‘‘(12) S

TATISTICAL PURPOSE

.—The term ‘statistical pur-

pose’—

‘‘(A) means the description, estimation, or analysis of

the characteristics of groups, without identifying the

individuals or organizations that comprise such groups;

and

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132 STAT. 5546 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(B) includes the development, implementation, or

maintenance of methods, technical or administrative proce-

dures, or information resources that support the purposes

described in subparagraph (A).

‘‘§ 3562. Coordination and oversight of policies

‘‘(a) I

ENERAL

.—The Director shall coordinate and oversee

the confidentiality and disclosure policies established by this sub-

chapter. The Director may promulgate rules or provide other guid-

ance to ensure consistent interpretation of this subchapter by the

affected agencies. The Director shall develop a process by which

the Director designates agencies or organizational units as statis-

tical agencies and units. The Director shall promulgate guidance

to implement such process, which shall include specific criteria

for such designation and methods by which the Director will ensure

transparency in the process.

‘‘(b) A

GENCY

ULES

.—Subject to subsection (c), agencies may

promulgate rules to implement this subchapter. Rules governing

disclosures of information that are authorized by this subchapter

shall be promulgated by the agency that originally collected the

information.

‘‘(c) R

EVIEW AND

PPROVAL OF

ULES

.—The Director shall

review any rules proposed by an agency pursuant to this subchapter

for consistency with the provisions of this chapter and such rules

shall be subject to the approval of the Director.

‘‘(d) R

EPORTS

.—

‘‘(1) The head of each agency shall provide to the Director

such reports and other information as the Director requests.

‘‘(2) Each Designated Statistical Agency (as defined in sec-

tion 3576(e)) shall report annually to the Director, the Com-

mittee on Oversight and Government Reform of the House

of Representatives, and the Committee on Homeland Security

and Governmental Affairs of the Senate on the actions it has

taken to implement section 3576. The report shall include copies

of each written agreement entered into pursuant to section

3576(c)(1) for the applicable year.

‘‘(3) The Director shall include a summary of reports sub-

mitted 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 pre-

pared under section 3504(e)(2).

‘‘§ 3563. Statistical agencies

‘‘(a) R

ESPONSIBILITIES

.—

‘‘(1) I

N GENERAL

.—Each statistical agency or unit shall—

‘‘(A) produce and disseminate relevant and timely

statistical information;

‘‘(B) conduct credible and accurate statistical activities;

‘‘(C) conduct objective statistical activities; and

‘‘(D) protect the trust of information providers by

ensuring the confidentiality and exclusive statistical use

of their responses.

‘‘(2) P

OLICIES

BEST PRACTICES

AND PROCEDURES

.—Each

statistical agency or unit shall adopt policies, best practices,

and appropriate procedures to implement the responsibilities

described in paragraph (1).

44 USC 3563.

Summary.

Guidance.

Criteria.

Designation.

44 USC 3562.

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132 STAT. 5547 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(b) S

UPPORT

ROM

THER

GENCIES

.—The head of each agency

shall enable, support, and facilitate statistical agencies or units

in carrying out the responsibilities described in subsection (a)(1).

‘‘(c) R

EGULATIONS

.—The Director shall prescribe regulations to

carry out this section.

‘‘(d) D

EFINITIONS

.—In this section:

‘‘(1) A

CCURATE

.—The term ‘accurate’, when used with

respect to statistical activities, means statistics that consist-

ently match the events and trends being measured.

‘‘(2) C

ONFIDENTIALITY

.—The term ‘confidentiality’ means a

quality or condition accorded to information as an obligation

not to disclose that information to an unauthorized party.

‘‘(3) O

BJECTIVE

.—The term ‘objective’, when used with

respect to statistical activities, means accurate, clear, complete,

and unbiased.

‘‘(4) R

ELEVANT

.—The term ‘relevant’, when used with

respect to statistical information, means processes, activities,

and other such matters likely to be useful to policymakers

and public and private sector data users.

‘‘§ 3564. Effect on other laws

‘‘(a) T

ITLE

44, U

NITED

TATES

ODE

.—This subchapter does

not diminish the authority under section 3510 of the Director to

direct, and of an agency to make, disclosures that are not incon-

sistent with any applicable law.

‘‘(b) T

ITLE

AND

ITLE

44, U

NITED

TATES

ODE

.—This sub-

chapter does not diminish the authority of the Bureau of the Census

to provide information in accordance with sections 8, 16, 301, and

401 of title 13 and section 2108 of this title.

‘‘(c) T

ITLE

13, U

NITED

TATES

ODE

.—This subchapter shall

not be construed as authorizing the disclosure for nonstatistical

purposes of demographic data or information collected by the

Bureau of the Census pursuant to section 9 of title 13.

‘‘(d) V

ARIOUS

NERGY

TATUTES

.—Data or information acquired

by the Energy Information Administration under a pledge of con-

fidentiality and designated by the Energy Information Administra-

tion 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 Administra-

tion Act of 1974 (15 U.S.C. 771, 779, 790h);

‘‘(2) section 11 of the Energy Supply and Environmental

Coordination Act of 1974 (15 U.S.C. 796); or

‘‘(3) section 205 or 407 of the Department of Energy

Organization Act (42 U.S.C. 7135, 7177).

‘‘(e) S

ECTION

201

ONGRESSIONAL

UDGET

CT OF

1974.—

This subchapter shall not be construed to limit any authorities

of the Congressional Budget Office to work (consistent with laws

governing the confidentiality of information the disclosure of which

would be a violation of law) with databases of Designated Statistical

Agencies (as defined in section 3576(e)), either separately or, for

data that may be shared pursuant to section 3576(c) or other

authority, jointly in order to improve the general utility of these

databases for the statistical purpose of analyzing pension and health

care financing issues.

‘‘(f) P

REEMPTION OF

TATE

.—Nothing in this subchapter

shall preempt applicable State law regarding the confidentiality

of data collected by the States.

44 USC 3564.

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132 STAT. 5548 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(g) S

TATUTES

EGARDING

ALSE

TATEMENTS

.—Notwith-

standing section 3572, information collected by an agency for exclu-

sively 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 pen-

alties (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) C

ONSTRUCTION

.—Nothing in this subchapter shall be con-

strued as restricting or diminishing any confidentiality protections

or penalties for unauthorized disclosure that otherwise apply to

data or information collected for statistical purposes or nonstatis-

tical purposes, including, but not limited to, section 6103 of the

Internal Revenue Code of 1986.

‘‘(i) A

UTHORITY OF

ONGRESS

.—Nothing in this subchapter shall

be construed to affect the authority of the Congress, including

its committees, members, or agents, to obtain data or information

for a statistical purpose, including for oversight of an agency’s

statistical activities.

‘‘PART B—CONFIDENTIAL INFORMATION

PROTECTION

‘‘§ 3571. Findings

‘‘The Congress finds the following:

‘‘(1) Individuals, businesses, and other organizations have

varying degrees of legal protection when providing information

to the agencies for strictly statistical purposes.

‘‘(2) Pledges of confidentiality by agencies provide assur-

ances to the public that information about individuals or

organizations or provided by individuals or organizations for

exclusively statistical purposes will be held in confidence and

will not be used against such individuals or organizations in

any agency action.

‘‘(3) Protecting the confidentiality interests of individuals

or organizations who provide information under a pledge of

confidentiality for Federal statistical programs serves both the

interests of the public and the needs of society.

‘‘(4) Declining trust of the public in the protection of

information provided under a pledge of confidentiality to the

agencies adversely affects both the accuracy and completeness

of statistical analyses.

‘‘(5) Ensuring that information provided under a pledge

of confidentiality for statistical purposes receives protection

is essential in continuing public cooperation in statistical pro-

grams.

‘‘§ 3572. Confidential information protection

‘‘(a) P

URPOSES

.—The purposes of this section are the following:

‘‘(1) To ensure that information supplied by individuals

or organizations to an agency for statistical purposes under

a pledge of confidentiality is used exclusively for statistical

purposes.

‘‘(2) To ensure that individuals or organizations who supply

information under a pledge of confidentiality to agencies for

statistical purposes will neither have that information disclosed

44 USC 3572.

44 USC 3571.

44 USC 3571

prec.

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132 STAT. 5549 PUBLIC LAW 115–435—JAN. 14, 2019

in identifiable form to anyone not authorized by this subchapter

nor have that information used for any purpose other than

a statistical purpose.

‘‘(3) To safeguard the confidentiality of individually identifi-

able information acquired under a pledge of confidentiality

for statistical purposes by controlling access to, and uses made

of, such information.

‘‘(b) U

SE OF

TATISTICAL

ATA OR

NFORMATION

.—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 pur-

poses and protected in accordance with such pledge.

‘‘(c) D

ISCLOSURE OF

TATISTICAL

ATA OR

NFORMATION

.—

‘‘(1) Data or information acquired by an agency under a

pledge of confidentiality for exclusively statistical purposes shall

not be disclosed by an agency in identifiable form, for any

use other than an exclusively statistical purpose, except with

the informed consent of the respondent.

‘‘(2) A disclosure pursuant to paragraph (1) is authorized

only when the head of the agency approves such disclosure

and the disclosure is not prohibited by any other law.

‘‘(3) This section does not restrict or diminish any confiden-

tiality protections in law that otherwise apply to data or

information acquired by an agency under a pledge of confiden-

tiality for exclusively statistical purposes.

‘‘(d) R

ULE FOR

SE OF

ATA OR

NFORMATION FOR

ONSTATIS

TICAL

URPOSES

.—A statistical agency or unit shall clearly distin-

guish any data or information it collects for nonstatistical purposes

(as authorized by law) and provide notice to the public, before

the data or information is collected, that the data or information

could be used for nonstatistical purposes.

‘‘(e) D

ESIGNATION OF

GENTS

.—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 treat-

ment as an agent under that section, who may perform exclusively

statistical activities, subject to the limitations and penalties

described in this subchapter.

‘‘(f) F

INES AND

ENALTIES

.—Whoever, being an officer,

employee, or agent of an agency acquiring information for exclu-

sively statistical purposes, having taken and subscribed the oath

of office, or having sworn to observe the limitations imposed by

this section, comes into possession of such information by reason

of his or her being an officer, employee, or agent and, knowing

that the disclosure of the specific information is prohibited under

the provisions of this subchapter, willfully discloses the information

in any manner to a person or agency not entitled to receive it,

shall be guilty of a class E felony and imprisoned for not more

than 5 years, or fined not more than $250,000, or both.

‘‘PART C—STATISTICAL EFFICIENCY

‘‘§ 3575. Findings

‘‘The Congress finds the following:

‘‘(1) Federal statistics are an important source of informa-

tion for public and private decision-makers such as policy-

makers, consumers, businesses, investors, and workers.

44 USC 3575.

44 USC 3575

prec.

Notification.

Public

information.

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132 STAT. 5550 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(2) Federal statistical agencies should continuously seek

to improve their efficiency. Statutory constraints limit the

ability of these agencies to share data and thus to achieve

higher efficiency for Federal statistical programs.

‘‘(3) The quality of Federal statistics depends on the willing-

ness of businesses to respond to statistical surveys. Reducing

reporting burdens will increase response rates, and therefore

lead to more accurate characterizations of the economy.

‘‘(4) Enhanced sharing of business data among the Bureau

of the Census, the Bureau of Economic Analysis, and the

Bureau of Labor Statistics for exclusively statistical purposes

will improve their ability to track more accurately the large

and rapidly changing nature of United States business. In

particular, the statistical agencies will be able to better ensure

that businesses are consistently classified in appropriate indus-

tries, resolve data anomalies, produce statistical samples that

are consistently adjusted for the entry and exit of new

businesses in a timely manner, and correct faulty reporting

errors quickly and efficiently.

‘‘(5) Congress enacted the International Investment and

Trade in Services Survey Act (Public Law 94–472), which

allowed the Bureau of the Census, the Bureau of Economic

Analysis, and the Bureau of Labor Statistics to share data

on foreign-owned companies. The Act not only expanded

detailed industry coverage from 135 industries to over 800

industries with no increase in the data collected from respond-

ents but also demonstrated how data sharing can result in

the creation of valuable data products.

‘‘(6) With part B of this subchapter, the sharing of business

data among the Bureau of the Census, the Bureau of Economic

Analysis, and the Bureau of Labor Statistics continues to ensure

the highest level of confidentiality for respondents to statistical

surveys.

‘‘§ 3576. Designated statistical agencies

‘‘(a) P

URPOSES

.—The purposes of this section are the following:

‘‘(1) To authorize the sharing of business data among the

Bureau of the Census, the Bureau of Economic Analysis, and

the Bureau of Labor Statistics for exclusively statistical pur-

poses.

‘‘(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 Statis-

tics to update sample frames, develop consistent classifications

of establishments 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 regional statistics,

to develop more accurate measures of the impact of technology

on productivity growth, and to enhance the reliability of the

Nation’s most important economic indicators, such as the

National Income and Product Accounts.

44 USC 3576.

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132 STAT. 5551 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(b) R

ESPONSIBILITIES OF

ESIGNATED

TATISTICAL

GENCIES

.—

The head of each of the Designated Statistical Agencies shall—

‘‘(1) identify opportunities to eliminate duplication and

otherwise reduce reporting burden and cost imposed on the

public in providing information for statistical purposes;

‘‘(2) enter into joint statistical projects to improve the

quality and reduce the cost of statistical programs; and

‘‘(3) protect the confidentiality of individually identifiable

information acquired for statistical purposes by adhering to

safeguard principles, including—

‘‘(A) emphasizing to their officers, employees, and

agents the importance of protecting the confidentiality of

information in cases where the identity of individual

respondents can reasonably be inferred by either direct

or indirect means;

‘‘(B) training their officers, employees, and agents in

their legal obligations to protect the confidentiality of

individually identifiable information and in the procedures

that must be followed to provide access to such information;

‘‘(C) implementing appropriate measures to assure the

physical and electronic security of confidential data;

‘‘(D) establishing a system of records that identifies

individuals accessing confidential data and the project for

which the data were required; and

‘‘(E) being prepared to document their compliance with

safeguard principles to other agencies authorized by law

to monitor such compliance.

‘‘(c) S

HARING OF

USINESS

ATA

MONG

ESIGNATED

TATIS

TICAL

GENCIES

.—

‘‘(1) I

N GENERAL

.—A Designated Statistical Agency may

provide business data in an identifiable form to another Des-

ignated Statistical Agency under the terms of a written agree-

ment among the agencies sharing the business data that speci-

fies—

‘‘(A) the business data to be shared;

‘‘(B) the statistical purposes for which the business

data are to be used;

‘‘(C) the officers, employees, and agents authorized to

examine the business data to be shared; and

‘‘(D) appropriate security procedures to safeguard the

confidentiality of the business data.

‘‘(2) R

ESPONSIBILITIES OF AGENCIES UNDER OTHER LAWS

.—

The provision of business data by an agency to a Designated

Statistical Agency under this section shall in no way alter

the responsibility of the agency providing the data under other

statutes (including sections 552 and 552b of title 5) with respect

to the provision or withholding of such information by the

agency providing the data.

‘‘(3) R

ESPONSIBILITIES OF OFFICERS

EMPLOYEES

AND

AGENTS

.—Examination of business data in identifiable form

shall be limited to the officers, employees, and agents author-

ized to examine the individual reports in accordance with writ-

ten 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—

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132 STAT. 5552 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(A) to the unlawful provision of the business data

that would apply to the officers, employees, and agents

of the agency that originally obtained the information; and

‘‘(B) to the unlawful disclosure of the business data

that would apply to officers, employees, and agents of the

agency that originally obtained the information.

‘‘(4) N

OTICE

.—Whenever a written agreement concerns data

that respondents were required by law to report and the

respondents were not informed that the data could be shared

among the Designated Statistical Agencies, for exclusively

statistical purposes, the terms of such agreement shall be

described in a public notice issued by the agency that intends

to provide the data. Such notice shall allow a minimum of

60 days for public comment.

‘‘(d) L

IMITATIONS ON

SE OF

USINESS

ATA

ROVIDED BY

IGNATED

TATISTICAL

GENCIES

.—

‘‘(1) G

ENERAL USE

.—Business data provided by a Des-

ignated Statistical Agency pursuant to this section shall be

used exclusively for statistical purposes.

‘‘(2) P

UBLICATION

.—Publication of business data acquired

by a Designated Statistical Agency shall occur in a manner

whereby the data furnished by any particular respondent are

not in identifiable form.

‘‘(e) D

ESIGNATED

TATISTICAL

GENCY

EFINED

.—In this sec-

tion, the term ‘Designated Statistical Agency’ means each of the

following:

‘‘(1) The Census Bureau of the Department of Commerce.

‘‘(2) The Bureau of Economic Analysis of the Department

of Commerce.

‘‘(3) The Bureau of Labor Statistics of the Department

of Labor.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning 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

‘‘P

ART

A—G

ENERAL

‘‘3561. Definitions.

‘‘3562. Coordination and oversight of policies.

‘‘3563. Statistical agencies.

‘‘3564. Effect on other laws.

‘‘P

ART

B—C

ONFIDENTIAL

NFORMATION

ROTECTION

‘‘3571. Findings.

‘‘3572. Confidential information protection.

‘‘P

ART

C—S

TATISTICAL

FFICIENCY

‘‘3575. Findings.

‘‘3576. Designated statistical agencies.’’.

ONFORMING

MENDMENTS

.—

(1) R

EPEAL OF CONFIDENTIAL INFORMATION PROTECTION AND

STATISTICAL EFFICIENCY ACT OF 2002

.—Title V of the E–Govern-

ment Act of 2002 (Public Law 107–347; 44 U.S.C. 3501 note)

is repealed (and the table of contents of such Act shall be

conformed accordingly).

44 USC 3501

prec.

Time period.

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132 STAT. 5553 PUBLIC LAW 115–435—JAN. 14, 2019

(2) T

ITLE 13

UNITED STATES CODE

.—Section 402 of title

13, United States Code, is amended by striking ‘‘the Confiden-

tial Information Protection and Statistical Efficiency Act of

2002’’ and inserting ‘‘section 3576(e) of title 44’’.

(3) T

ITLE 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) A

CT 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 Con-

fidential Information Protection and Statistical Efficiency Act

of 2002’’ and inserting ‘‘subchapter III of chapter 35 of title

44, United States Code’’.

(5) F

IXING AMERICA

’

S SURFACE TRANSPORTATION ACT

.—Sec-

tion 7308(e)(2) of the Fixing America’s Surface Transportation

Act (Public Law 114–94; 49 U.S.C. 20155 note) is amended

by striking ‘‘the Confidential Information Protection and Statis-

tical Efficiency Act of 2002 (44 U.S.C. 3501 note)’’ and inserting

‘‘section 3572 of title 44, United States Code’’.

(d) T

RANSITIONAL AND

AVINGS

ROVISIONS

.—

(1) C

UTOFF DATE

.—This title replaces certain provisions

of law enacted on December 17, 2002. If a law enacted after

that date amends or repeals a provision replaced by this title,

that law is deemed to amend or repeal, as the case may be,

the corresponding provision enacted by this title. If a law

enacted after that date is otherwise inconsistent with this title,

it supersedes this title to the extent of the inconsistency.

(2) O

RIGINAL DATE OF ENACTMENT UNCHANGED

.—For pur-

poses of determining whether one provision of law supersedes

another based on enactment later in time, the date of the

enactment of a provision enacted by this title is deemed to

be the date of the enactment of the provision it replaced.

(3) R

EFERENCES 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) R

EGULATIONS

ORDERS

AND OTHER ADMINISTRATIVE

ACTIONS

.—A regulation, order, or other administrative action

in effect under a provision of law replaced by this title continues

in effect under the corresponding provision enacted by this

title.

(5) A

CTIONS TAKEN AND OFFENSES COMMITTED

.—An action

taken or an offense committed under a provision of law replaced

by this title is deemed to have been taken or committed under

the corresponding provision enacted by this title.

SEC. 303. INCREASING ACCESS TO DATA FOR EVIDENCE.

(a) I

ENERAL

.—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:

44 USC 3561

note.

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132 STAT. 5554 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘PART D—ACCESS TO DATA FOR EVIDENCE

‘‘§ 3581. Presumption of accessibility for statistical agencies

and units

‘‘(a) A

CCESSIBILITY OF

ATA

SSETS

.—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) L

IMITATIONS

.—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) R

EGULATIONS

.—The Director shall prescribe regulations for

agencies to carry out this section. Such regulations shall—

‘‘(1) require the timely provision of data assets under sub-

section (a);

‘‘(2) provide a list of statutes that exempt agencies from

the requirement under subsection (a) pursuant to subsection

(b)(1);

‘‘(3) establish clear and consistent standards, to the extent

possible, for complying with section 552a of title 5 (commonly

known as the ‘Privacy Act of 1974’) and any other applicable

law requiring the protection and confidentiality of individually

identifiable information; and

‘‘(4) require a transparent process for statistical agencies

and units to request data assets from agencies and for agencies

to respond to such requests.

‘‘(d) R

ULE OF

ONSTRUCTION

.—Nothing in this section may

be construed as altering existing intellectual property rights or

the terms of any contract or other binding, written agreement.

‘‘§ 3582. Expanding secure access to CIPSEA data assets

‘‘(a) S

TATISTICAL

GENCY

ESPONSIBILITIES

.—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 regula-

tions promulgated under subsection (b).

‘‘(b) R

EGULATIONS FOR

CCESSIBILITY OF

ONPUBLIC

ATA

SSETS

.—The Director shall promulgate regulations, in accordance

with applicable law, for statistical agencies and units to carry

out the requirement under subsection (a). Such regulations shall

include the following:

‘‘(1) Standards for each statistical agency or unit to assess

each data asset owned or accessed by the statistical agency

or unit for purposes of categorizing the sensitivity level of

each such asset and identifying the corresponding level of acces-

sibility to each such asset. Such standards shall include—

‘‘(A) common sensitivity levels and corresponding levels

of accessibility that may be assigned to a data asset,

including a requisite minimum and maximum number of

sensitivity levels for each statistical agency or unit to use;

‘‘(B) criteria for determining the sensitivity level and

corresponding level of accessibility of each data asset; and

Standards.

Assessment.

Criteria.

44 USC 3582.

Lists.

44 USC 3581.

44 USC 3581

prec.

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132 STAT. 5555 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(C) criteria for determining whether a less sensitive

and more accessible version of a data asset can be produced.

‘‘(2) Standards for each statistical agency or unit to improve

access to a data asset pursuant to paragraph (1) or (3) by

removing or obscuring information in such a manner that the

identity of the data subject is less likely to be reasonably

inferred by either direct or indirect means.

‘‘(3) A requirement for each statistical agency or unit to

conduct a comprehensive risk assessment of any data asset

acquired or accessed under this subchapter prior to any public

release of such asset, including standards for such comprehen-

sive risk assessment and criteria for making a determination

of whether to release the data.

‘‘(4) Requirements for each statistical agency or unit to

make any process or assessment established, produced, or con-

ducted pursuant to this section transparent and easy to under-

stand, including the following:

‘‘(A) A requirement to make information on the assess-

ment of the sensitivity level of each data asset conducted

pursuant to paragraph (1) available on the Federal data

catalogue established under section 3511(c)(1).

‘‘(B) A requirement to make any comprehensive risk

assessment, and associated determinations, conducted

under paragraph (3) available on the Federal data cata-

logue established under section 3511(c)(1).

‘‘(C) A requirement to make any standard or policy

established by the statistical agency or unit to carry out

this section and any assessment conducted under this sec-

tion easily accessible on the public website of such agency

or unit.

‘‘(c) R

ESPONSIBILITIES OF THE

IRECTOR

.—The Director shall—

‘‘(1) make public all standards and policies established

under this section; and

‘‘(2) ensure that statistical agencies and units have the

ability to make information public on the Federal data catalogue

established under section 3511(c)(1), in accordance with require-

ments established pursuant to subsection (b).

‘‘§ 3583. Application to access data assets for developing evi-

dence

‘‘(a) S

TANDARD

PPLICATION

ROCESS

.—The Director shall

establish a process through which agencies, the Congressional

Budget Office, State, local, and Tribal governments, researchers,

and other individuals, as appropriate, may apply to access the

data assets accessed or acquired under this subchapter by a statis-

tical agency or unit for purposes of developing evidence. The process

shall include the following:

‘‘(1) Sufficient detail to ensure that each statistical agency

or unit establishes an identical process.

‘‘(2) A common application form.

‘‘(3) Criteria for statistical agencies and units to determine

whether to grant an applicant access to a data asset.

‘‘(4) Timeframes for prompt determinations by each statis-

tical agency or unit.

‘‘(5) An appeals process for adverse decisions and non-

compliance with the process established under this subsection.

Timeframes.

Criteria.

Determination.

44 USC 3583.

Public

information.

Risk assessment.

Standards.

Criteria.

Standards.

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132 STAT. 5556 PUBLIC LAW 115–435—JAN. 14, 2019

‘‘(6) Standards for transparency, including requirements

to make the following information publicly available:

‘‘(A) Each application received.

‘‘(B) The status of each application.

‘‘(C) The determination made for each application.

‘‘(D) Any other information, as appropriate, to ensure

full transparency of the process established under this

subsection.

‘‘(b) C

ONSULTATION

.—In establishing the process required under

subsection (a), the Director shall consult with stakeholders,

including the public, agencies, State and local governments, and

representatives of non-governmental researchers.

‘‘(c) I

MPLEMENTATION

.—The head of each statistical agency or

unit shall implement the process established under subsection (a).’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 35 of title 44, United States Code, as amended

by preceding provisions of this Act, is further amended by adding

at the end the following:

‘‘P

ART

D—A

CCESS TO

ATA FOR

VIDENCE

‘‘3581. Presumption of accessibility for statistical agencies and units.

‘‘3582. Expanding secure access to CIPSEA data assets.

‘‘3583. Application to access data assets for developing evidence.’’.

EADLINE FOR

UIDANCE AND

MPLEMENTATION

.—Not later

than 1 year after the date of the enactment of this Act, the Director

of the Office of Management and Budget shall promulgate or issue

any regulation or guidance required by subchapter III of title 44,

United States Code, as amended by this section, with a requirement

for such regulation or guidance to be implemented not later than

1 year after the date on which such regulation or guidance has

been promulgated or issued.

TITLE IV—GENERAL PROVISIONS

SEC. 401. RULE OF CONSTRUCTION.

Nothing in this Act, or the amendments made by this Act,

may be construed—

(1) to require the disclosure of information or records that

are exempt from disclosure under section 552 of title 5, United

States Code (commonly known as the ‘‘Freedom of Information

Act’’);

(2) to create or expand an exemption from disclosure under

such section;

(3) to override, limit, or otherwise affect intellectual prop-

erty rights, including rights under titles 17 and 35, United

States Code;

(4) to affect the authority of a Federal agency regarding

the use, disclosure, or licensing of—

(A) confidential business information that could be

withheld under section 552(b)(4) of title 5, United States

Code; or

(B) data assets restricted from disclosure under a con-

tract or other binding, written agreement; or

(5) to affect the independence, responsibilities, or work

products of an Inspector General of any agency.

5 USC 306 note.

Regulations.

44 USC 3561

note.

44 USC 3501

prec.

Standards.

Public

information.

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132 STAT. 5557 PUBLIC LAW 115–435—JAN. 14, 2019

LEGISLATIVE HISTORY—H.R. 4174:

HOUSE REPORTS: No. 115–411 (Comm. on Oversight and Government Reform).

CONGRESSIONAL RECORD:

Vol. 163 (2017): Nov. 15, considered and passed House.

Vol. 164 (2018): Dec. 19, considered and passed Senate, amended.

Dec. 21, House concurred in Senate amendment.

SEC. 402. USE OF EXISTING RESOURCES.

To the extent practicable, the head of each agency shall use

existing procedures and systems to carry out agency requirements

and shall select existing employees for appointments under this

Act and the amendments made by this Act.

SEC. 403. EFFECTIVE DATE.

Except as otherwise provided, this Act, and the amendments

made by this Act, shall take effect on the date that is 180 days

after the date of the enactment of this Act.

Approved January 14, 2019.

5 USC 306 note.

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