44 U.S.C. § 3581: Presumption of accessibility…

Summary

Agency heads must, when possible, share data they keep with any statistical agency or unit that asks for it so those groups can make evidence. This does not apply if another law clearly bans sharing or use, or if a law passed after this law specifically says the exception applies. The Director must write rules to make this work. The rules must require timely sharing, list 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, public process for requesting and responding to data. Existing intellectual property rights and contracts stay the same.

Title 44, §3581

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(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 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)Rule of Construction.—

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