HR 4174 RFS
cedures and systems to carry out agency requirements 
under this section.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) TABLE OF SECTIONS.—The item relat-
ing 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 Govern-
ment Information Locator Service’’ and insert-
ing ‘‘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: 
‘‘§ 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 dem-
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
onstrated training and experience in data management, 
collection, analysis, protection, use, and dissemination, in-
cluding with respect to any statistical and related tech-
niques to protect and de-identify confidential data. 
‘‘(c) FUNCTIONS.—The Chief Data Officer of an 
agency shall— 
‘‘(1) be responsible for lifecycle data manage-
ment; 
‘‘(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, includ-
ing the standardization of data format, sharing of 
data assets, and publication of data assets in accord-
ance 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; 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(7) engage agency employees, the public, and 
contractors in using public data assets and encour-
age collaborative approaches on improving data use; 
‘‘(8) support the Performance Improvement Of-
ficer 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, in-
cluding 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 re-
sponsibilities related to open data use and implemen-
tation (as required by the Director); 
‘‘(13) serve as the agency liaison to other agen-
cies and the Office of Management and Budget on 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
the best way to use existing agency data for statis-
tical purposes (as defined in section 3561); and 
‘‘(14) comply with any regulation and guidance 
issued under subchapter III, including the acquisi-
tion 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 permis-
sible under law, the individual to whom a responsi-
bility 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 re-
sponsibility with respect to any data acquired, main-
tained, or disseminated by the agency under applica-
ble statistical law. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(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
AMEND-
MENT.—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 in-
serting before section 3521 the following new sec-
tion: 
‘‘§ 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— 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(1) establish Governmentwide best practices 
for the use, protection, dissemination, and genera-
tion of data; 
‘‘(2) promote and encourage data sharing 
agreements between agencies; 
‘‘(3) identify ways in which agencies can im-
prove upon the production of evidence for use in pol-
icymaking; 
‘‘(4) consult with the public and engage with 
private users of Government data and other stake-
holders on how to improve access to data assets of 
the Federal Government; and 
‘‘(5) identify and evaluate new technology solu-
tions 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 Adminis-
trator 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 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
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 Di-
rector, the Committee on Homeland Security and Govern-
mental Affairs of the Senate, and the Committee on Over-
sight and Government Reform of the House of Represent-
atives 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 pro-
gram 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 re-
port under paragraph (1) to Congress.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—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 sec-
tion 3521 the following new item: 
‘‘3520A. Chief Data Officer Council.’’. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6211
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
(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 sub-
mit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Com-
mittee on Oversight and Government Reform of the 
House of Representatives a report that identifies, to 
the extent practicable— 
(A) the value of information made avail-
able 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 comprehen-
sive 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 bi-
ennially 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. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
TITLE 
III—CONFIDENTIAL 
IN-
FORMATION 
PROTECTION 
AND 
STATISTICAL 
EFFI-
CIENCY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Confidential Informa-
tion 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 fol-
lowing new subchapter: 
‘‘SUBCHAPTER III—CONFIDENTIAL INFORMA-
TION PROTECTION AND STATISTICAL EFFI-
CIENCY 
‘‘PART A—GENERAL 
‘‘§ 3561. Definitions 
‘‘In this subchapter: 
‘‘(1) AGENCY.—The term ‘agency’ means any 
entity that falls within the definition of the term ‘ex-
ecutive agency’, as defined in section 102 of title 31, 
or ‘agency’, as defined in section 3502. 
‘‘(2) AGENT.—The term ‘agent’ means an indi-
vidual— 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(A)(i) who is an employee of a private or-
ganization or a researcher affiliated with an in-
stitution 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 ex-
ecuted, on a temporary basis, by an executive 
agency to perform exclusively statistical activi-
ties under the control and supervision of an of-
ficer or employee of that agency; 
‘‘(ii) who is working under the author-
ity 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 re-
searcher, 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 statis-
tical activity under the control of an officer 
or employee of that agency; or 
‘‘(iv) who is a contractor or an em-
ployee of a contractor, and who is engaged 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
by the agency to design or maintain the 
systems for handling or storage of data re-
ceived under this subchapter; and 
‘‘(B) who agrees in writing to comply with 
all provisions of law that affect information ac-
quired by that agency. 
‘‘(3) BUSINESS
DATA.—The term ‘business 
data’ means operating and financial data and infor-
mation 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 Budg-
et. 
‘‘(6) EVIDENCE.—The term ‘evidence’ means 
information produced as a result of statistical activi-
ties conducted for a statistical purpose. 
‘‘(7) IDENTIFIABLE FORM.—The term ‘identifi-
able 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’— 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(A) means the use of data in identifiable 
form for any purpose that is not a statistical 
purpose, including any administrative, regu-
latory, 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 ex-
clusively statistical purposes under a pledge of 
confidentiality. 
‘‘(9) RESPONDENT.—The term ‘respondent’ 
means a person who, or organization that, is re-
quested or required to supply information to an 
agency, is the subject of information requested or re-
quired 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 en-
vironment; and 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(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 ac-
tivities are predominantly the collection, compilation, 
processing, or analysis of information for statistical 
purposes, as designated by the Director under sec-
tion 3562. 
‘‘(12) STATISTICAL PURPOSE.—The term ‘sta-
tistical purpose’— 
‘‘(A) means the description, estimation, or 
analysis of the characteristics of groups, with-
out identifying the individuals or organizations 
that comprise such groups; and 
‘‘(B) includes the development, implemen-
tation, or maintenance of methods, technical or 
administrative procedures, or information re-
sources that support the purposes described in 
subparagraph (A). 
‘‘§ 3562. Coordination and oversight of policies 
‘‘(a) IN GENERAL.—The Director shall coordinate 
and oversee the confidentiality and disclosure policies es-
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
tablished by this subchapter. The Director may promul-
gate 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 guid-
ance to implement such process, which shall include spe-
cific 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 sub-
chapter. 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 Di-
rector shall review any rules proposed by an agency pursu-
ant to this subchapter for consistency with the provisions 
of this chapter and such rules shall be subject to the ap-
proval 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 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
the Director, the Committee on Oversight and Gov-
ernment Reform of the House of Representatives, 
and the Committee on Homeland Security and Gov-
ernmental 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 applica-
ble year. 
‘‘(3) The Director shall include a summary of 
reports submitted to the Director under this sub-
section 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). 
‘‘§ 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 statis-
tical activities; 
‘‘(C) conduct objective statistical activities; 
and 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(D) protect the trust of information pro-
viders by ensuring the confidentiality and exclu-
sive statistical use of their responses 
‘‘(2) POLICIES, BEST PRACTICES, AND PROCE-
DURES.—Each statistical agency or unit shall adopt 
policies, best practices, and appropriate procedures 
to implement the responsibilities described in para-
graph (1). 
‘‘(b) SUPPORT FROM OTHER AGENCIES.—The head 
of each agency shall enable, support, and facilitate statis-
tical 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 sta-
tistics that consistently match the events and trends 
being measured. 
‘‘(2) CONFIDENTIALITY.—The term ‘confiden-
tiality’ means a quality or condition accorded to in-
formation as an obligation not to disclose that infor-
mation to an unauthorized party. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(3) OBJECTIVE.—The term ‘objective’, when 
used with respect to statistical activities, means ac-
curate, 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 sec-
tor data users. 
‘‘§ 3564. Effect on other laws 
‘‘(a) TITLE 44, UNITED STATES CODE.—This sub-
chapter 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 ac-
cordance with sections 8, 16, 301, and 401 of title 13 and 
section 2108 of this title. 
‘‘(c) TITLE 13, UNITED STATES CODE.—This sub-
chapter shall not be construed as authorizing the disclo-
sure for nonstatistical purposes of demographic data or 
information collected by the Bureau of the Census pursu-
ant to section 9 of title 13. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(d) VARIOUS ENERGY STATUTES.—Data or infor-
mation acquired by the Energy Information Administra-
tion under a pledge of confidentiality and designated by 
the Energy Information Administration to be used for ex-
clusively statistical purposes shall not be disclosed in iden-
tifiable form for nonstatistical purposes under— 
‘‘(1) section 12, 20, or 59 of the Federal En-
ergy Administration Act of 1974 (15 U.S.C. 771, 
779, 790h); 
‘‘(2) section 11 of the Energy Supply and Envi-
ronmental 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 ana-
lyzing pension and health care financing issues. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(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 submis-
sions to the collecting agency of false statistical informa-
tion under statutes that authorize criminal penalties (such 
as section 221 of title 13) or civil penalties for the provi-
sion 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 con-
fidentiality protections or penalties for unauthorized dis-
closure that otherwise apply to data or information col-
lected 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 pur-
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
pose, including for oversight of an agency’s statistical ac-
tivities. 
‘‘PART B—CONFIDENTIAL INFORMATION 
PROTECTION 
‘‘§ 3571. Findings 
‘‘The Congress finds the following: 
‘‘(1) Individuals, businesses, and other organi-
zations have varying degrees of legal protection 
when providing information to the agencies for 
strictly statistical purposes. 
‘‘(2) Pledges of confidentiality by agencies pro-
vide assurances to the public that information about 
individuals or organizations or provided by individ-
uals or organizations for exclusively statistical pur-
poses 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 statis-
tical programs serves both the interests of the public 
and the needs of society. 
‘‘(4) Declining trust of the public in the protec-
tion of information provided under a pledge of con-
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
fidentiality 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 re-
ceives protection is essential in continuing public co-
operation in statistical programs. 
‘‘§ 3572. Confidential information protection 
‘‘(a) PURPOSES.—The purposes of this section are 
the following: 
‘‘(1) To ensure that information supplied by in-
dividuals or organizations to an agency for statistical 
purposes under a pledge of confidentiality is used ex-
clusively for statistical purposes. 
‘‘(2) To ensure that individuals or organizations 
who supply information under a pledge of confiden-
tiality 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 individ-
ually identifiable information acquired under a 
pledge of confidentiality for statistical purposes by 
controlling access to, and uses made of, such infor-
mation. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(b) USE
OF STATISTICAL DATA
OR INFORMA-
TION.—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 pro-
tected in accordance with such pledge. 
‘‘(c) DISCLOSURE OF STATISTICAL DATA OR INFOR-
MATION.— 
‘‘(1) Data or information acquired by an agency 
under a pledge of confidentiality for exclusively sta-
tistical purposes shall not be disclosed by an agency 
in identifiable form, for any use other than an exclu-
sively 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 ap-
proves such disclosure and the disclosure is not pro-
hibited 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 sta-
tistical purposes. 
‘‘(d) RULE FOR USE OF DATA OR INFORMATION FOR 
NONSTATISTICAL PURPOSES.—A statistical agency or 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
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 infor-
mation 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 re-
quired under section 3561(2) for treatment as an agent 
under that section, who may perform exclusively statistical 
activities, subject to the limitations and penalties de-
scribed in this subchapter. 
‘‘(f) FINES AND PENALTIES.—Whoever, being an of-
ficer, employee, or agent of an agency acquiring informa-
tion 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 posses-
sion of such information by reason of his or her being an 
officer, employee, or agent and, knowing that the disclo-
sure of the specific information is prohibited under the 
provisions of this subchapter, willfully discloses the infor-
mation in any manner to a person or agency not entitled 
to receive it, shall be guilty of a class E felony and impris-
oned for not more than 5 years, or fined not more than 
$250,000, or both. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘PART C—STATISTICAL EFFICIENCY 
‘‘§ 3575. Findings 
‘‘The Congress finds the following: 
‘‘(1) Federal statistics are an important source 
of information for public and private decision-mak-
ers such as policymakers, consumers, businesses, in-
vestors, and workers. 
‘‘(2) Federal statistical agencies should continu-
ously seek to improve their efficiency. Statutory con-
straints limit the ability of these agencies to share 
data and thus to achieve higher efficiency for Fed-
eral statistical programs. 
‘‘(3) The quality of Federal statistics depends 
on the willingness of businesses to respond to statis-
tical surveys. Reducing reporting burdens will in-
crease response rates, and therefore lead to more ac-
curate 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 ex-
clusively statistical purposes will improve their abil-
ity to track more accurately the large and rapidly 
changing nature of United States business. In par-
ticular, the statistical agencies will be able to better 
ensure that businesses are consistently classified in 
appropriate industries, resolve data anomalies, 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
produce statistical samples that are consistently ad-
justed 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 Invest-
ment 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 in-
dustry coverage from 135 industries to over 800 in-
dustries 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 shar-
ing of business data among the Bureau of the Cen-
sus, the Bureau of Economic Analysis, and the Bu-
reau of Labor Statistics continues to ensure the 
highest level of confidentiality for respondents to 
statistical surveys. 
‘‘§ 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 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
Economic Analysis, and the Bureau of Labor Statis-
tics 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 accu-
racy of Federal economic statistics by allowing the 
Bureau of the Census, the Bureau of Economic 
Analysis, and the Bureau of Labor Statistics to up-
date sample frames, develop consistent classifica-
tions of establishments and companies into indus-
tries, improve coverage, and reconcile significant dif-
ferences in data produced by the three agencies. 
‘‘(4) To increase understanding of the United 
States economy, especially for key industry and re-
gional 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 STATIS-
TICAL AGENCIES.—The head of each of the Designated 
Statistical Agencies shall— 
‘‘(1) identify opportunities to eliminate duplica-
tion and otherwise reduce reporting burden and cost 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
imposed on the public in providing information for 
statistical purposes; 
‘‘(2) enter into joint statistical projects to im-
prove the quality and reduce the cost of statistical 
programs; and 
‘‘(3) protect the confidentiality of individually 
identifiable information acquired for statistical pur-
poses by adhering to safeguard principles, includ-
ing— 
‘‘(A) emphasizing to their officers, employ-
ees, and agents the importance of protecting 
the confidentiality of information in cases where 
the identity of individual respondents can rea-
sonably 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 infor-
mation and in the procedures that must be fol-
lowed 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 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
and the project for which the data were re-
quired; 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 DES-
IGNATED 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 agen-
cies 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 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
section shall in no way alter the responsibility of the 
agency providing the data under other statutes (in-
cluding sections 552 and 552b of title 5) with re-
spect to the provision or withholding of such infor-
mation by the agency providing the data. 
‘‘(3) RESPONSIBILITIES OF OFFICERS, EMPLOY-
EES, AND AGENTS.—Examination of business data 
in identifiable form shall be limited to the officers, 
employees, and agents authorized to examine the in-
dividual reports in accordance with written agree-
ments 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 re-
late— 
‘‘(A) to the unlawful provision of the busi-
ness data that would apply to the officers, em-
ployees, and agents of the agency that originally 
obtained the information; and 
‘‘(B) to the unlawful disclosure of the busi-
ness data that would apply to officers, employ-
ees, and agents of the agency that originally ob-
tained the information. 
‘‘(4) NOTICE.—Whenever a written agreement 
concerns data that respondents were required by law 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
to report and the respondents were not informed 
that the data could be shared among the Designated 
Statistical Agencies, for exclusively statistical pur-
poses, the terms of such agreement shall be de-
scribed 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 PRO-
VIDED 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 pur-
poses. 
‘‘(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
DE-
FINED.—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. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(3) The Bureau of Labor Statistics of the De-
partment 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 re-
pealed (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 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
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 sec-
tion of the Act of January 27, 1938, entitled ‘‘An 
Act to make confidential certain information fur-
nished to the Bureau of Foreign and Domestic Com-
merce, 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
TRANSPOR-
TATION
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 strik-
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
ing ‘‘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 cor-
responding 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
UN-
CHANGED.—For purposes of determining whether 
one provision of law supersedes another based on en-
actment 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. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
(4) REGULATIONS, ORDERS, AND OTHER AD-
MINISTRATIVE
ACTIONS.—A regulation, order, or 
other administrative action in effect under a provi-
sion of law replaced by this title continues in effect 
under the corresponding provision enacted by this 
title. 
(5) ACTIONS
TAKEN
AND
OFFENSES
COM-
MITTED.—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 
‘‘§ 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— 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(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 agen-
cies from the requirement under subsection (a) pur-
suant to subsection (b)(1); and 
‘‘(3) require a transparent process for statis-
tical agencies and units to request data assets from 
agencies and for agencies to respond to such re-
quests. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as altering existing intellectual 
property rights or the terms of any contract or other bind-
ing, written agreement. 
‘‘§ 3582. Expanding secure access to CIPSEA data as-
sets 
‘‘(a) STATISTICAL AGENCY RESPONSIBILITIES.—To 
the extent practicable, each statistical agency or unit shall 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
expand access to data assets of such agency or unit ac-
quired or accessed under this subchapter to develop evi-
dence while protecting such assets from inappropriate ac-
cess and use, in accordance with the regulations promul-
gated under subsection (b). 
‘‘(b) REGULATIONS
FOR ACCESSIBILITY
OF NON-
PUBLIC DATA ASSETS.—The Director shall promulgate 
regulations, in accordance with applicable law, for statis-
tical 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 catego-
rizing 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 cor-
responding 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 sensi-
tivity level and corresponding level of accessi-
bility of each data asset; and 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(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 infor-
mation 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 as-
sessment 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 para-
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
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 de-
terminations, conducted under paragraph (3) 
available on the Federal data catalogue estab-
lished 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 assess-
ment conducted under this section easily acces-
sible 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 requirements estab-
lished pursuant to subsection (b). 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘§ 3583. Application to access data assets for devel-
oping evidence 
‘‘(a) STANDARD APPLICATION PROCESS.—The Di-
rector shall establish a process through which agencies, 
the Congressional Budget Office, State, local, and Tribal 
governments, researchers, and other individuals, as appro-
priate, 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 statis-
tical 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 re-
quirements to make the following information pub-
licly available: 
‘‘(A) Each application received. 
‘‘(B) The status of each application. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
‘‘(C) The determination made for each ap-
plication. 
‘‘(D) Any other information, as appro-
priate, to ensure full transparency of the proc-
ess established under this subsection. 
‘‘(b) CONSULTATION.—In establishing the process re-
quired under subsection (a), the Director shall consult 
with stakeholders, including the public, agencies, State 
and local governments, and representatives of non-govern-
mental 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 IMPLEMENTA-
TION.—Not later than 1 year after the date of the enact-
ment of this Act, the Director of the Office of Manage-
ment 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 require-
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
ment for such regulation or guidance to be implemented 
not later than 1 year after the date on which such regula-
tion 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 sec-
tion 552 of title 5, United States Code (commonly 
known as the ‘‘Freedom of Information Act’’); 
(2) to create or expand an exemption from dis-
closure 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. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS
HR 4174 RFS
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. 
VerDate Sep 11 2014 
00:23 Nov 17, 2017
Jkt 079200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H4174.RFS
H4174
SSpencer on DSKBBV9HB2PROD with BILLS