H. R. 4174—26 
‘‘PART D—ACCESS TO DATA FOR EVIDENCE 
‘‘§ 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 sub-
section (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. 
‘‘§ 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 regula-
tions 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 acces-
sibility 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
H. R. 4174—27 
‘‘(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 comprehen-
sive 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 con-
ducted pursuant to this section transparent and easy to under-
stand, including the following: 
‘‘(A) A requirement to make information on the assess-
ment 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 cata-
logue 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 sec-
tion 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 require-
ments established pursuant to subsection (b). 
‘‘§ 3583. Application to access data assets for developing evi-
dence 
‘‘(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 statis-
tical 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 statis-
tical agency or unit. 
‘‘(5) An appeals process for adverse decisions and non-
compliance with the process established under this subsection.
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‘‘(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 begin-
ning 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; 
(3) to override, limit, or otherwise affect intellectual prop-
erty rights, including rights under titles 17 and 35, United 
States Code; 
(4) to affect the authority of a Federal agency regarding 
the use, disclosure, or licensing of— 
(A) confidential business information that could be 
withheld under section 552(b)(4) of title 5, United States 
Code; or 
(B) data assets restricted from disclosure under a con-
tract or other binding, written agreement; or 
(5) to affect the independence, responsibilities, or work 
products of an Inspector General of any agency.
H. R. 4174—29 
SEC. 402. USE OF EXISTING RESOURCES. 
To the extent practicable, the head of each agency shall use 
existing procedures and systems to carry out agency requirements 
and shall select existing employees for appointments under this 
Act and the amendments made by this Act. 
SEC. 403. 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. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.