44 U.S.C. § 3583 — Application to access data assets for de-

Page 201 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3583 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 sec- tion 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. § 3582. Expanding secure access to CIPSEA data assets (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 pro- tecting such assets from inappropriate access and use, in accordance with the regulations pro- mulgated under subsection (b). (b) REGULATIONS FOR ACCESSIBILITY OF NON- PUBLIC DATA ASSETS.—The Director shall pro- mulgate regulations, in accordance with appli- cable 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 cor- responding level of accessibility to each such asset. Such standards shall include— (A) common sensitivity levels and cor- responding levels of accessibility that may be assigned to a data asset, including a req- uisite 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 pursu- ant to paragraph (1) or (3) by removing or ob- scuring 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 as- sessment of any data asset acquired or accessed under this subchapter prior to any public release of such asset, including stand- ards for such comprehensive 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 es- tablished, produced, or conducted pursuant to this section transparent and easy to under- stand, including the following: (A) A requirement to make information on the assessment of the sensitivity level of each data asset conducted pursuant to para- graph (1) available on the Federal data cata- logue established under section 3511(c)(1). (B) A requirement to make any com- prehensive risk assessment, and associated determinations, conducted under paragraph (3) available on the Federal data catalogue established under section 3511(c)(1). (C) A requirement to make any standard or policy established by the statistical agen- cy or unit to carry out this section and any assessment conducted under this section easily accessible on the public website of such agency or unit. (c) RESPONSIBILITIES OF THE DIRECTOR.—The Director shall— (1) make public all standards and policies es- tablished 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 re- quirements established pursuant to subsection (b). (Added Pub. L. 115–435, title III, § 303(a), Jan. 14, 2019, 132 Stat. 5554.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 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. § 3583. Application to access data assets for de- veloping evidence (a) STANDARD APPLICATION PROCESS.—The Di- rector shall establish a process through which agencies, the Congressional Budget Office, State, local, and Tribal governments, research- ers, and other individuals, as appropriate, may apply to access the data assets accessed or ac- quired under this subchapter by a statistical agency or unit for purposes of developing evi- dence. The process shall include the following: (1) Sufficient detail to ensure that each sta- tistical 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 statistical agency or unit. (5) An appeals process for adverse decisions and noncompliance with the process estab- lished under this subsection. (6) Standards for transparency, including re- quirements to make the following information publicly available: (A) Each application received. (B) The status of each application. (C) The determination made for each appli- cation. (D) Any other information, as appropriate, to ensure full transparency of the process es- tablished under this subsection. (b) CONSULTATION.—In establishing the process required under subsection (a), the Director shall Page 202 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3601 consult with stakeholders, including the public, agencies, State and local governments, and rep- resentatives of non-governmental researchers. (c) IMPLEMENTATION.—The head of each statis- tical agency or unit shall implement the process established under subsection (a). (Added Pub. L. 115–435, title III, § 303(a), Jan. 14, 2019, 132 Stat. 5555.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Jan. 14, 2019, see sec- tion 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. CHAPTER 36—MANAGEMENT AND PRO- MOTION OF ELECTRONIC GOVERNMENT SERVICES Sec. 3601. Definitions. 3602. Office of Electronic Government. 3603. Chief Information Officers Council. 3604. E-Government Fund. 3605. Program to encourage innovative solutions to enhance electronic Government services and processes. 3606. E-Government report. 3607. Definitions. 3608. Federal Risk and Authorization Management Program. 3609. Roles and responsibilities of the General Services Administration. 3610. FedRAMP Board. 3611. Independent assessment. 3612. Declaration of foreign interests. 3613. Roles and responsibilities of agencies. 3614. Roles and responsibilities of the Office of Management and Budget. 3615. Reports to Congress; GAO report. 3616. Federal Secure Cloud Advisory Committee. AMENDMENT OF ANALYSIS Pub. L. 117–263, div. E, title LIX, § 5921(d)(2), Dec. 23, 2022, 136 Stat. 3458, provided that, effective on the date that is 5 years after Dec. 23, 2022, this analysis is amended by striking items 3607 to 3616. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. E, title LIX, § 5921(d)(2), Dec. 23, 2022, 136 Stat. 3458, struck out items 3607 ‘‘Defi- nitions’’, 3608 ‘‘Federal Risk and Authorization Man- agement Program’’, 3609 ‘‘Roles and responsibilities of the General Services Administration’’, 3610 ‘‘FedRAMP Board’’, 3611 ‘‘Independent assessment’’, 3612 ‘‘Declara- tion of foreign interests’’, 3613 ‘‘Roles and responsibil- ities of agencies’’, 3614 ‘‘Roles and responsibilities of the Office of Management and Budget’’, 3615 ‘‘Reports to Congress; GAO report’’, and 3616 ‘‘Federal Secure Cloud Advisory Committee’’. See Effective Date of 2022 Amendment note below. Pub. L. 117–263, div. E, title LIX, § 5921(c), Dec. 23, 2022, 136 Stat. 3458, added items 3607 to 3616. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. E, title LIX, § 5921(d)(2), Dec. 23, 2022, 136 Stat. 3458, provided that, effective on the date that is 5 years after Dec. 23, 2022, this analysis is amended by striking items 3607 to 3616. § 3601. Definitions In this chapter, the definitions under section 3502 shall apply, and the term— (1) ‘‘Administrator’’ means the Adminis- trator of the Office of Electronic Government established under section 3602; (2) ‘‘Council’’ means the Chief Information Officers Council established under section 3603; (3) ‘‘electronic Government’’ means the use by the Government of web-based Internet ap- plications and other information technologies, combined with processes that implement these technologies, to— (A) enhance the access to and delivery of Government information and services to the public, other agencies, and other Govern- ment entities; or (B) bring about improvements in Govern- ment operations that may include effective- ness, efficiency, service quality, or trans- formation; (4) ‘‘enterprise architecture’’— (A) means— (i) a strategic information asset base, which defines the mission; (ii) the information necessary to perform the mission; (iii) the technologies necessary to per- form the mission; and (iv) the transitional processes for imple- menting new technologies in response to changing mission needs; and (B) includes— (i) a baseline architecture; (ii) a target architecture; and (iii) a sequencing plan; (5) ‘‘Fund’’ means the E-Government Fund established under section 3604; (6) ‘‘interoperability’’ means the ability of different operating and software systems, ap- plications, and services to communicate and exchange data in an accurate, effective, and consistent manner; (7) ‘‘integrated service delivery’’ means the provision of Internet-based Federal Govern- ment information or services integrated ac- cording to function or topic rather than sepa- rated according to the boundaries of agency jurisdiction; and (8) ‘‘tribal government’’ means— (A) the governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alas- ka) that is recognized as eligible for the spe- cial programs and services provided by the United States to Indians because of their status as Indians, and (B) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (Added Pub. L. 107–347, title I, § 101(a), Dec. 17, 2002, 116 Stat. 2901.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (8)(B), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.