[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4174 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
1st Session
H. R. 4174
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 16, 2017
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
To amend titles 5 and 44, United States Code, to require Federal
evaluation activities, 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) Short Title.--This Act may be cited as the ``Foundations for
Evidence-Based Policymaking Act of 2017''.
(b) Table of Contents.--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. Effective date.
TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES
SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVITIES.
(a) In General.--Chapter 3 of part I of title 5, United States
Code, is amended--
(1) before section 301, by inserting the following:
``SUBCHAPTER I--GENERAL PROVISIONS''; and
(2) by adding at the end the following:
``SUBCHAPTER II--FEDERAL EVIDENCE-BUILDING ACTIVITIES
``Sec. 311. Definitions
``In this subchapter:
``(1) Agency.--The term `agency' means an agency referred
to under section 901(b) of title 31.
``(2) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(3) Evaluation.--The term `evaluation' means an
assessment using systematic data collection and analysis of one
or more programs, policies, and organizations intended to
assess their effectiveness and efficiency.
``(4) Evidence.--The term `evidence' has the meaning given
that term in section 3561 of title 44.
``(5) State.--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 Indian
Tribe.
``(6) Statistical activities; statistical agency or unit;
statistical purpose.--The terms `statistical activities',
`statistical agency or unit', and `statistical purpose' have
the meanings given those terms in section 3561 of title 44.
``Sec. 312. Agency evidence-building plan
``(a) Requirement.--Not later than the first Monday in February of
each year, the head of each agency shall submit to the Director and
Congress a systematic plan for identifying and addressing policy
questions relevant to the programs, policies, and regulations of the
agency. Such plan shall be made available on the public website of the
agency and shall cover at least a 4-year period beginning with the
first fiscal year following the fiscal year in which the plan is
submitted and published and 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
restrictions 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) Consultation.--In developing the plan required under
subsection (a), the head of an agency shall consult with the following:
``(1) The public.
``(2) Any evaluation or analysis unit and personnel of the
agency.
``(3) Agency officials responsible for implementing privacy
policy.
``(4) The Chief Data Officer of the agency.
``(5) The officials of the agency designated under section
315.
``(6) The Performance Improvement Officer of the agency.
``(7) Program administrators of the agency.
``(8) The committees of the House of Representatives and
Senate with oversight jurisdiction over the agency.
``(9) Any other individual or entity as determined by the
Director.
``Sec. 313. Governmentwide evidence-building coordination
``(a) In General.--The Director shall consolidate the plans
submitted under section 312 in a unified evidence-building plan. The
Director shall notify agency heads of potentially overlapping or
unnecessarily duplicative data acquisition plans and facilitate
interagency evidence gathering and sharing. The head of an agency may
incorporate the results of any interagency coordination by updating the
plan required under section 312. The Director shall incorporate any
such agency update in the unified evidence-building plan.
``(b) Consultation.--In developing the unified evidence-building
plan required under subsection (a), the Director shall consult with the
following:
``(1) The public.
``(2) The Interagency Council on Statistical Policy
established under section 3504(e)(8) of title 44.
``(3) Any other relevant interagency council.
``(4) The head of each agency.
``(5) Any other individual or entity as determined by the
Director.
``Sec. 314. Chief Evaluation Officers
``(a) Establishment.--The head of each agency shall appoint or
designate an employee of the agency as the Chief Evaluation Officer of
the agency.
``(b) Qualifications.--The Chief Evaluation Officer of an agency
shall be appointed or designated without regard to political
affiliation and based on demonstrated expertise in evaluation
methodology and practices and appropriate expertise to the disciplines
of the agency.
``(c) Limitations.--The Chief Evaluation Officer of an agency may
not simultaneously serve as any of the following:
``(1) The Chief Financial Officer of any agency.
``(2) The Chief Information Officer of any agency.
``(3) The Chief Human Capital Officer of any agency.
``(4) The Chief Acquisition Officer of any agency.
``(5) The Inspector General of any agency.
``(d) Coordination.--The Chief Evaluation Officer of an agency
shall, to the extent practicable, coordinate activities with agency
officials, including the following:
``(1) Agency officials responsible for implementing privacy
policy regarding privacy and confidentiality issues.
``(2) The Chief Data Officer of the agency.
``(3) Agency officials designated under section 315.
``(4) Any evaluation or analysis unit and personnel of the
agency on the needs for evaluation and analysis.
``(5) The Performance Improvement Officer of the agency.
``(6) Program administrators of the agency.
``(7) The Chief Evaluation Officers of other agencies.
``(e) Functions.--The Chief 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 plan required
under section 312.
``Sec. 315. Statistical expertise
``(a) In General.--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) Membership on Interagency Council for Statistical Policy.--
Each statistical official designated under subsection (a) shall serve
as a member of the Interagency Council for Statistical Policy
established under section 3504(e)(8) of title 44.
``Sec. 316. Advisory Committee on Data for Evidence Building
``(a) Establishment.--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 recommendations on
how to expand access to and use of Federal data for evidence building.
``(b) Membership.--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:
``(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 Chief 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,
transparency 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
evaluation community.
``(c) Term of Service.--
``(1) In general.--Each member of the Advisory Committee
(other than the Chair) shall serve for a term of 2 years.
``(2) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member'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) Compensation.--Members of the Advisory Committee shall serve
without compensation.
``(e) Duties.--
``(1) First year.--During the first year of the Advisory
Committee, the Advisory Committee shall--
``(A) assist the Director in carrying out the
duties of the Director under part D of subchapter III
of chapter 35 of title 44; and
``(B) evaluate and provide recommendations to the
Director on the establishment of a shared service to
facilitate data sharing, enable data linkage, and
develop privacy enhancing techniques, including--
``(i) the specific capabilities, needs, and
necessary assets of such service, and the
extent to which assets should be transferred
from existing agencies;
``(ii) any prospective location for such
service;
``(iii) best practices for transparency and
interagency coordination;
``(iv) best practices for monitoring and
auditing of privacy, data linkage, and
confidentiality of data accessed through such
service; and
``(v) necessary administrative and
financial authorities to support the activities
of such service.
``(2) Second year.--During the second and any subsequent
year of the Advisory Committee, the Advisory Committee shall--
``(A) if determined necessary by the Director,
carry out the duties described in paragraph (1); and
``(B) review the coordination of data sharing or
availability for evidence building across all agencies.
``(f) Reports.--For each year of the existence of the Advisory
Committee, the Advisory Committee shall submit to the Director and make
publicly available an annual report on the activities and findings of
the Advisory Committee.''.
(b) Technical and Conforming Amendments.--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:
``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. Governmentwide evidence-building coordination.
``314. Chief Evaluation Officers.
``315. Statistical expertise.
``316. Advisory Committee on Data for Evidence Building.''.
(c) Agency Strategic Plans.--Section 306 of title 5, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``; and'' at the
end and inserting a semicolon;
(B) in paragraph (8), by--
(i) striking the period at the end; and
(ii) inserting after ``to be conducted''
the following: ``, and citations to relevant
provisions of the plan required under section
312; and''; and
(C) 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 organizational learning, ongoing program
management, performance 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 formative 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.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Not later than 2 years after the date on which each strategic
plan required under subsection (a) 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); and
``(2) if appropriate, recommends actions to further improve
agency capacity to use evaluation techniques and data to
support evaluation efforts.''.
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) Definitions.--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 `data' means recorded information,
regardless of form or the media on which the data is recorded;
``(16) the term `data asset' means a collection of data
elements or data sets that may be grouped together;
``(17) 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;
``(18) the term `metadata' means structural or descriptive
information about data such as content, format, source, rights,
accuracy, provenance, frequency, periodicity, granularity,
publisher or responsible party, contact information, method of
collection, and other descriptions;
``(19) 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 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;
``(20) 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,
distributing, transmitting, citing, or adapting such
asset;
``(21) the term `public data asset' means a data asset
maintained by the Federal Government that has been, or may be,
released to the public, including any data asset subject to
disclosure under section 552 of title 5; and
``(22) 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) Guidance To Make Data Open by Default.--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;
``(C) the cost and benefits to the public of
converting a data asset into a machine-readable format
that is accessible 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) whether a data asset--
``(i) is protected by 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
determines to be relevant.''.
(c) Federal Agency Responsibilities To Make Data Open by Default.--
(1) Amendments.--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 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-Government 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 collecting 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 improvements, 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 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; and
``(v) requires the agency to comply with
requirements 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
paragraph:
``(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
available--
``(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 paragraphs:
``(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 disclosure;
``(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.''.
(2) Use of open data assets.--Not later than 1 year after
the date of the enactment of this Act, the head of each agency
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) Effective date.--The amendments made by this subsection
shall take effect on the date that is 1 year after the date of
the enactment of this Act.
(d) Data Inventory and Federal Data Catalogue.--
(1) Amendment.--Section 3511 of title 44, United States
Code, is amended to read as follows:
``Sec. 3511. Data inventory and Federal data catalogue
``(a) Comprehensive Data Inventory.--
``(1) In 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
inventory 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
inventory provides a clear and comprehensive understanding of
the data assets in the possession of the agency.
``(2) Guidance.--The Director shall establish guidance for
agencies to develop and maintain comprehensive data inventories
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 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 the
agency--
``(I) has determined if the data
asset is--
``(aa) an open Government
data asset;
``(bb) subject to
disclosure under section 552 of
title 5;
``(cc) a public data asset
eligible for disclosure under
subsection (b); or
``(dd) a data asset not
subject to open format or open
license requirements due to
existing limitations or
restrictions on government
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.
``(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
determining which information, 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 in the inventory
that would be subject to disclosure under section 552
of title 5 is made publicly available.
``(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 maintained under subsection (c) the data
inventory 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
determining 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 converting the data into a manner 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 protected by 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 restricted by contract
or other binding, written agreement;
``(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.
``(3) Regular 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) Public Data Assets.--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) Federal Data Catalogue.--
``(1) In 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) Repository.--The Director shall collaborate with the
Office of Government Information Services and the Administrator
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) Access 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
subsection (a) that is not yet available on the Federal data
catalogue, including information regarding the application
process established under section 3583 of title 44.
``(d) Delegation.--The Director shall delegate to the Administrator
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.
``(e) Use of Existing Resources.--To the extent practicable, the
head of each agency shall use existing procedures and systems to carry
out agency requirements under this section.''.
(2) Technical and conforming amendments.--
(A) Table 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) Cross-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) Chief Data Officers.--
(1) Amendment.--Section 3520 of title 44, United States
Code, is amended to read as follows:
``Sec. 3520. Chief Data Officers
``(a) Establishment.--The head of each agency shall designate a
career appointee (as defined in section 3132 of title 5) in the agency
as the Chief Data Officer of the agency.
``(b) Qualifications.--The Chief Data Officer of an agency shall be
designated on the basis of demonstrated training and experience in data
management, collection, analysis, protection, use, and dissemination,
including with respect to any statistical and related techniques to
protect and de-identify confidential data.
``(c) Functions.--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 requirement under paragraphs (3)
and (5), consult with any statistical official of the agency
(as designated under section 315 of title 5);
``(5) carry out the requirements of the agency under
subsections (b) through (d), (f), and (i) of section 3506,
section 3507, and section 3511;
``(6) ensure that 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 Chief Evaluation Officer of the agency in
obtaining data to carry out the functions described in section
314 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
production of evidence (as defined in section 3561),
cybersecurity, 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) Delegation of Responsibilities.--
``(1) In general.--To the extent necessary to comply with
statistical laws, the Chief Data Officer of an agency shall
delegate any responsibility under subsection (d) to the head of
a statistical agency or unit (as defined in section 3561)
within the agency.
``(2) Consultation.--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) Deference.--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) Reports.--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) Technical 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) Chief Data Officer Council.--
(1) Amendment.--Subchapter I of chapter 35 of title 44,
United States Code, is amended by inserting before section 3521
the following new section:
``Sec. 3520A. Chief Data Officer Council
``(a) Establishment.--There is established in the Office of
Management and Budget a Chief Data Officer Council (in this section
referred to as the `Council').
``(b) Purpose and Functions.--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;
``(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) Membership.--
``(1) In general.--The Chief Data Officer of each agency
shall serve as a member of the Council.
``(2) Chair.--The Director shall select the Chair of the
Council from among the members of the Council.
``(3) Additional members.--The Administrator of the Office
of Electronic Government shall serve as a member of the
Council.
``(4) Ex officio member.--The Director shall appoint a
representative for all Chief Information Officers and Chief
Evaluation Officers, and such representative shall serve as an
ex officio member of the Council.
``(d) Reports.--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) Evaluation and Termination.--
``(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) Termination of council.--The Council shall terminate
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) Technical 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) Reports.--
(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
Committee on Oversight and Government Reform of the House of
Representatives a report that identifies, to the extent
practicable--
(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
(C) the completeness of each comprehensive data
inventory developed under section 3511 of title 44,
United States Code.
(2) Biennial 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 INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Confidential Information
Protection and Statistical Efficiency Act of 2017''.
SEC. 302. CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY.
(a) In General.--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
``Sec. 3561. Definitions
``In this subchapter:
``(1) Agency.--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) Agent.--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 control
and supervision of an officer or employee of that
agency;
``(ii) who is working under the authority
of a government 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
``(B) who agrees in writing to comply with all
provisions of law that affect information acquired by
that agency.
``(3) Business data.--The term `business data' means
operating and financial data and information about businesses,
tax-exempt organizations, and government entities.
``(4) Data asset.--The term `data asset' has the meaning
given that term in section 3502.
``(5) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(6) Evidence.--The term `evidence' means information
produced as a result of statistical activities conducted for a
statistical purpose.
``(7) Identifiable 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) Nonstatistical 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, adjudicatory, 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 purposes under a pledge of confidentiality.
``(9) Respondent.--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) Statistical activities.--The term `statistical
activities'--
``(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) Statistical 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) Statistical purpose.--The term `statistical
purpose'--
``(A) means the description, estimation, or
analysis of the characteristics of groups, without
identifying the individuals or organizations that
comprise such groups; and
``(B) includes the development, implementation, or
maintenance of methods, technical or administrative
procedures, or information resources that support the
purposes described in subparagraph (A).
``Sec. 3562. Coordination and oversight of policies
``(a) In General.--The Director shall coordinate and oversee the
confidentiality and disclosure policies established by this subchapter.
The Director may promulgate rules or provide other guidance 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 statistical 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) Agency Rules.--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) Review and Approval of Rules.--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) Reports.--
``(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
section 3576(e)) shall report annually to the Director, the
Committee 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
submitted 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 prepared under section 3504(e)(2).
``Sec. 3563. Federal statistical agencies
``(a) Responsibilities.--
``(1) In 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) Policies, 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).
``(b) Support From Other Agencies.--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) Regulations.--The Director shall prescribe regulations to
carry out this section.
``(d) Definitions.--In this section:
``(1) Accurate.--The term `accurate', when used with
respect to statistical activities, means statistics that
consistently match the events and trends being measured.
``(2) Confidentiality.--The term `confidentiality' means a
quality or condition accorded to information as an obligation
not to disclose that information to an unauthorized party.
``(3) Objective.--The term `objective', when used with
respect to statistical activities, means accurate, clear,
complete, and unbiased.
``(4) Relevant.--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.
``Sec. 3564. Effect on other laws
``(a) Title 44, United States Code.--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 inconsistent with
any applicable law.
``(b) Title 13 and Title 44, United States Code.--This subchapter
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) Title 13, United States Code.--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) Various Energy Statutes.--Data or information acquired by the
Energy Information Administration under a pledge of confidentiality and
designated by the Energy Information Administration 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
Administration 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) Section 201 of Congressional Budget Act 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) Preemption of State Law.--Nothing in this subchapter shall
preempt applicable State law regarding the confidentiality of data
collected by the States.
``(g) Statutes Regarding False Statements.--Notwithstanding section
3572, information collected by an agency for exclusively 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 penalties (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) Construction.--Nothing in this subchapter shall be construed
as restricting or diminishing any confidentiality protections or
penalties for unauthorized disclosure that otherwise apply to data or
information collected for statistical purposes or nonstatistical
purposes, including, but not limited to, section 6103 of the Internal
Revenue Code of 1986.
``(i) Authority of Congress.--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
``Sec. 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
assurances 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
programs.
``Sec. 3572. Confidential information protection
``(a) Purposes.--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 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
identifiable information acquired under a pledge of
confidentiality for statistical purposes by controlling access
to, and uses made of, such information.
``(b) Use of Statistical Data or Information.--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 purposes and
protected in accordance with such pledge.
``(c) Disclosure of Statistical Data or Information.--
``(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
confidentiality protections in law that otherwise apply to data
or information acquired by an agency under a pledge of
confidentiality for exclusively statistical purposes.
``(d) Rule for Use of Data or Information for Nonstatistical
Purposes.--A statistical agency or unit shall clearly distinguish 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) Designation of Agents.--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 treatment
as an agent under that section, who may perform exclusively statistical
activities, subject to the limitations and penalties described in this
subchapter.
``(f) Fines and Penalties.--Whoever, being an officer, employee, or
agent of an agency acquiring information for exclusively 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
``Sec. 3575. Findings
``The Congress finds the following:
``(1) Federal statistics are an important source of
information for public and private decision-makers such as
policymakers, consumers, businesses, investors, and workers.
``(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
willingness 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 industries, 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 respondents 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.
``Sec. 3576. Designated Statistical Agencies
``(a) Purposes.--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
purposes.
``(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 Statistics
to update sample frames, develop consistent classifications of
establishments and companies into industries, improve coverage,
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.
``(b) Responsibilities of Designated Statistical Agencies.--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) Sharing of Business Data Among Designated Statistical
Agencies.--
``(1) In general.--A Designated Statistical Agency may
provide business data in an identifiable form to another
Designated Statistical Agency under the terms of a written
agreement among the agencies sharing the business data that
specifies--
``(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) Responsibilities 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) Responsibilities of officers, employees, and
agents.--Examination of business data in identifiable form
shall be limited to the officers, employees, and agents
authorized to examine the individual reports in accordance with
written 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--
``(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) Notice.--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) Limitations on Use of Business Data Provided by Designated
Statistical Agencies.--
``(1) General use.--Business data provided by a Designated
Statistical Agency pursuant to this section shall be used
exclusively for statistical purposes.
``(2) Publication.--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) Designated Statistical Agency Defined.--In this section, 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) Clerical Amendment.--The table of sections at the beginning 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
``Part A--General
``3561. Definitions.
``3562. Coordination and oversight of policies.
``3563. Federal statistical agencies.
``3564. Effect on other laws.
``Part B--Confidential Information Protection
``3571. Findings.
``3572. Confidential information protection.
``Part C--Statistical Efficiency
``3575. Findings.
``3576. Designated Statistical Agencies.''.
(c) Conforming Amendments.--
(1) Repeal of confidential information protection and
statistical efficiency act of 2002.--Title V of the E-
Government 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).
(2) Title 13, united states code.--Section 402 of title 13,
United States Code, is amended by striking ``the Confidential
Information Protection and Statistical Efficiency Act of 2002''
and inserting ``section 3576(e) of title 44''.
(3) Title 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) Act 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
Confidential Information Protection and Statistical Efficiency
Act of 2002'' and inserting ``subchapter III of chapter 35 of
title 44, United States Code''.
(5) Fixing america's surface transportation act.--Section
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
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note)'' and
inserting ``section 3572 of title 44, United States Code''.
(d) Transitional and Savings Provisions.--
(1) Cutoff 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) Original date of enactment unchanged.--For purposes 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) References 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) Regulations, 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) Actions 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) In General.--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:
``PART D--ACCESS TO DATA FOR EVIDENCE
``Sec. 3581. Presumption of accessibility for statistical agencies and
units
``(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); and
``(3) 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.
``Sec. 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 protecting such assets from
inappropriate access and use, in accordance with the regulations
promulgated under subsection (b).
``(b) Regulations for Accessibility of Nonpublic Data Assets.--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 accessibility 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
``(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
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 established, produced, or
conducted pursuant to this section transparent and easy to
understand, including the following:
``(A) A requirement to make information on the
assessment 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
catalogue 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 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 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 requirements established pursuant to subsection (b).
``Sec. 3583. Application to access data assets for developing evidence
``(a) Standard Application Process.--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 statistical 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
statistical agency or unit.
``(5) An appeals process for adverse decisions and
noncompliance with the process established under this
subsection.
``(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) Consultation.--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) Implementation.--The head of each statistical agency or unit
shall implement the process established under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning 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:
``Part D--Access to Data for Evidence
``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.''.
(c) Deadline for Guidance and Implementation.--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; or
(3) to affect the authority of a Federal agency regarding--
(A) intellectual property rights, including rights
under titles 17 and 35, United States Code;
(B) confidential business information that could be
withheld under section 552(b)(4) of title 5; or
(C) data assets restricted from disclosure under a
contract or other binding, written agreement.
SEC. 402. 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.
Passed the House of Representatives November 15, 2017.
Attest:
KAREN L. HAAS,
Clerk.