§3581 — Title 44 Public Printing and Documents | U.S. Code

Summary

Agency heads must, as much as possible, make agency data available on request to any statistical agency or unit for building evidence. This rule does not apply to data covered by a law that clearly bans sharing, or to laws passed after this rule that specifically point to that ban. The Director must write rules to make sharing timely, list the laws that block sharing, set clear standards to follow section 552a of title 5 (the Privacy Act of 1974) and other privacy laws, and create a clear request-and-response process. Nothing here changes intellectual property rights or the terms of any contract.

Title 44, §3581

Public Printing and Documents — Source: USLM XML via OLRC

(a)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)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)The Director shall prescribe regulations for agencies to carry out this section. Such regulations shall—

(1)require the timely provision of data assets under subsection (a);

(2)provide a list of statutes that exempt agencies from the requirement under subsection (a) pursuant to subsection (b)(1);

(3)establish clear and consistent standards, to the extent possible, for complying with section 552a of title 5 (commonly known as the “Privacy Act of 1974”) and any other applicable law requiring the protection and confidentiality of individually identifiable information; and

(4)require a transparent process for statistical agencies and units to request data assets from agencies and for agencies to respond to such requests.

(d)Nothing in this section may be construed as altering existing intellectual property rights or the terms of any contract or other binding, written agreement.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 115–435, which was approved Jan. 14, 2019.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as an

Effective Date

of 2019 Amendment note under section 306 of Title 5, Government Organization and Employees.

§3581 Presumption of Accessibility for Statistical Agencies and Units

Summary

Title 44, §3581

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata