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.
(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—
‘‘(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
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
‘‘(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-
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).
‘‘§ 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.
‘‘(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-
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.
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: 
Clerk.
115TH CONGRESS 
1ST SESSION 
H. R. 4174 
AN ACT 
To amend titles 5 and 44, United States Code, to 
require Federal evaluation activities, improve 
Federal data management, and for other pur-
poses.