44 U.S.C. § 3581 — Presumption of accessibility for statistical agencies and units
submitted 7 years ago by Pub. L. 115-435 to r/title-44-PUBLIC-PRINTING-AND-DOCUMENTS · 238 words · no verdicts yet
This section sets out rules about Presumption of accessibility for statistical agencies and units. It states the duties, limits, procedures, or other provisions described below.
(a) Accessibility of Data Assets . — The head of an agency* must, 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* must prescribe regulations for agencies to carry out this section. Such regulations must —
(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) under 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.
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*.
Subsection (a) does not apply to any data asset that is subject to a statute that—
prohibits the sharing or intended use of such asset in a manner as to leave no discretion on the issue; or
if enacted after the date of the enactment of this section, specifically cites to this paragraph.
The Director* shall prescribe regulations for agencies to carry out this section. Such regulations shall—
require the timely provision of data assets under subsection (a);
provide a list of statutes that exempt agencies from the requirement under subsection (a) pursuant to subsection (b)(1);
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
require a transparent process for statistical agencies and units to request data assets from agencies and for agencies to respond to such requests.
Nothing in this section may be construed as altering existing intellectual property rights or the terms of any contract or other binding, written agreement.
Source credit: (Added Pub. L. 115–435, title III, § 303(a), Jan. 14, 2019, 132 Stat. 5554.)
- 2019Enacted · Pub. L. 115-435 · 132 Stat. 5554
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-435 on 2019-01-14.
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