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115th Congress }                                          { REPORT
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 115-411

======================================================================
 
        FOUNDATIONS FOR EVIDENCE-BASED POLICYMAKING ACT OF 2017

                                _______
                                

 November 15, 2017.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Gowdy, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4174]

    The Committee on Oversight and Government Reform, to whom 
was referred the bill (H.R. 4174) to amend titles 5 and 44, 
United States Code, to require Federal evaluation activities, 
improve Federal data management, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................     1
Section-by-Section...............................................    24
Explanation of Amendments........................................    27
Committee Consideration..........................................    27
Roll Call Votes..................................................    27
Application of Law to the Legislative Branch.....................    27
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    27
Statement of General Performance Goals and Objectives............    27
Duplication of Federal Programs..................................    27
Disclosure of Directed Rule Makings..............................    28
Federal Advisory Committee Act...................................    28
Unfunded Mandates Statement......................................    28
Earmark Identification...........................................    28
Committee Estimate...............................................    28
Budget Authority and Congressional Budget Office Cost Estimate...    28
Changes in Existing Law Made by the Bill, as Reported............    29

                     Committee Statement and Views


                          PURPOSE AND SUMMARY

    H.R. 4174, the Foundations for Evidence-Based Policymaking 
Act of 2017, advances the evidence building functions in the 
Federal government by improving access to data and expanding 
evaluation capacity. The bill incorporates H.R. 1770, the OPEN 
Government Data Act, in titles I and II, which expand public 
access to Federal data assets and make information about 
Federal data assets publicly available in a comprehensive, 
searchable inventory. H.R. 4174 improves data management 
practices by codifying the Chief Data Officer position and 
requiring the new position to coordinate the agency's data 
management functions. H.R. 4174 also establishes the position 
of Chief Evaluation Officer, which is responsible for 
coordinating evidence-building activities across the agency and 
leading the agency's evidence-building strategic planning. The 
bill further expands access to data by establishing a secure 
process for accessing nonpublic data assets for the purpose of 
evidence-building.

                  BACKGROUND AND NEED FOR LEGISLATION

    Enacted in March 2016, the Evidence-Based Policy Commission 
Act of 2016, established a 15-member commission to ``conduct a 
comprehensive study of the data inventory, data infrastructure, 
database security, and statistical protocols related to Federal 
policymaking and the agencies responsible for maintaining that 
data.''\1\ The Act was the result of a bicameral and bipartisan 
effort by Speaker Paul Ryan (R-WI) and Senator Patty Murray (D-
WA) to examine solutions to the problems facing the Federal 
evidence building community.\2\ The Commission on Evidence-
Based Policymaking (the ``Commission'' or ``CEP'') was charged 
with making recommendations related to the access, integration, 
use, and control of data to facilitate research and evidence-
based evaluation of government programs.\3\
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    \1\Pub. L. 114-140 (2016).
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    With 15 months to complete its work, the Commission took a 
two-phase approach. First, the Commission engaged in a fact-
finding mission. During the eight months following the initial 
meeting, the Commission administered a survey of 209 Federal 
government offices, convened seven public meetings with 49 
witnesses, solicited public comments, held three public 
hearings, and conducted meetings with more than 30 
organizations and experts.\4\ Second, the Commission spent five 
months reviewing the information collected and deliberating. 
The Commission established five guiding principles:
---------------------------------------------------------------------------
    \4\Comm'n on Evidence-Based Policymaking, The Promise of Evidence-
Based Policymaking 5 (2017) [hereinafter CEP Report].
---------------------------------------------------------------------------
          1. Privacy: Individual privacy and confidentiality 
        must be respected in the generation and use of data and 
        evidence.
          2. Rigor: Evidence should be developed using well-
        designed and well-implemented methods tailored to the 
        questions being asked.
          3. Transparency: Those engaged in generating and 
        using data and evidence should operate transparently, 
        providing meaningful channels for public input and 
        comment and ensuring that evidence produced is made 
        publicly available.
          4. Humility: Care should be taken not to over-
        generalize from findings that may be specific to a 
        particular study or context.
          5. Capacity: The capacity to generate and use data 
        and evidence should be integrated within government 
        institutions and adequately funded and staffed.\5\
---------------------------------------------------------------------------
    \5\Id.
---------------------------------------------------------------------------
    Relying on these principles, the Commission produced a 
final report, The Promise of Evidence-Based Policymaking, 
detailing 22 recommendations on how to improve Federal data and 
evidence usage.\6\ The Commission approved the report 
unanimously and released the report on September 6, 2017.\7\ 
The Committee held a hearing on September 26, 2017 titled, 
``Recommendations from the Commission on Evidence-Based 
Policymaking'' to receive testimony from four commissioners 
explaining the findings and recommendations.\8\
---------------------------------------------------------------------------
    \6\Id.
    \7\Recommendations of the Commission on Evidence-Based 
Policymaking: Hearing Before the H. Comm. on Oversight & Gov't Reform, 
115th Cong. (Sept. 26, 2017) (testimony of Dr. Ron Haskins) 
[hereinafter Haskins Testimony], available at https://
oversight.house.gov/hearing/recommendations-commission-evidence-based-
policymaking/.
    \8\Id.
---------------------------------------------------------------------------

The Commission's findings and recommendations

    The Commission found that while Federal policymakers need 
good information on which to base their decisions, ``too little 
evidence is produced to meet this need.''\9\ Ron Haskins, Co-
Chair of the Commission, testified, ``There are all kinds of 
evidence that 80 to 90 percent of programs in medicine, in 
social science, and in business, fail. That's the main reason 
that we need to have more evidence. We need to develop these 
programs. . . . [M]ost programs . . . have a good reputation, 
but when you look at what they do in the country as a whole 
they are not successful.''\10\
---------------------------------------------------------------------------
    \9\CEP Report, supra note 4 at 1.
    \10\Haskins Testimony, supra note 7.
---------------------------------------------------------------------------
    Dr. Haskins also observed that some ``programs that were 
initiated 5, 6, 7 years ago'' are using evidence that shows we 
need ``better strategies.''\11\ He explained such programs do 
not ``go overnight from 10 or 15 percent success to 80 percent. 
. . . It will take us years to develop this. We need to be 
patient and do it right.''\12\
---------------------------------------------------------------------------
    \11\Id.
    \12\Id.
---------------------------------------------------------------------------

What is evidence-based policymaking?

    The Commission defined evidence as ``information produced 
by `statistical activities' with a `statistical purpose' that 
is potentially useful when evaluating government programs and 
policies.''\13\ The Commission acknowledged that evidence could 
be defined broadly to include any information that would assist 
in the development of a conclusion, but the statute suggested a 
more narrow focus. Dr. Katharine Abraham, Chair of the 
Commission, explained:
---------------------------------------------------------------------------
    \13\CEP Report, supra note 4 at 8.

          [T]he Commission was directed to review the barriers 
        to using the administrative data that the Government 
        already collects to `facilitate program evaluation, 
        continuous improvement, policy-relevant research, and 
        cost-benefit analyses.' These types of analytic and 
        evaluative activities consider the impact of policies 
        and programs on groups of people, rather than 
        individuals. The essence of a `statistical activity' 
        with a `statistical purpose' is that the results 
        summarizes information about a group rather than a 
        single individual or organization.\14\
---------------------------------------------------------------------------
    \14\Recommendations of the Commission on Evidence-Based 
Policymaking: Hearing Before the H. Comm. on Oversight & Gov't Reform, 
115th Cong. (2017) (Question for the Record).

    Evidence is distinct from policymaking, but evidence can be 
used by policymakers to determine whether a particular policy 
option will meet the goals or solve the problems that give rise 
to the need to create policy.
    Evidence is an objective description of what is, whereas 
policymaking is the subjective determination of what ought to 
be. Dr. Abraham testified, ``I think that evidence can tell you 
that if you do A, the outcome appears to be B. That can't tell 
you what your policy should be. . . . [E]vidence [should have] 
a seat at the table so that everyone can look at it and then, 
given that and other value judgments and other inputs make 
decisions about policy.''\15\
---------------------------------------------------------------------------
    \15\Id. (testimony of Dr. Katharine Abraham) [hereinafter Abraham 
Testimony].
---------------------------------------------------------------------------
    The promise of evidence-based policy making is to apply 
this evidence to ``inform decisions in government.''\16\ 
Describing the role of evidence in policymaking, Dr. Haskins 
testified, ``I do not expect that Congress would make decisions 
exclusively based on evidence. I want evidence to have a place 
at the table. I want Congress to understand what the evidence 
is. But they will use other factors to decide how much money 
they should spend or whether they do anything at all.''\17\ The 
intent of government is to utilize limited resources 
efficiently. Through evidence-based policy making, services and 
programs can be developed to address efficiency.
---------------------------------------------------------------------------
    \16\CEP Report, supra note 4 at 11-12.
    \17\Haskins Testimony, supra note 7.
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    One example of how evidence can inform decisions comes from 
the Drug Resistance Education program (D.A.R.E.). At its peak, 
DARE was in more than 75 percent of schools in the United 
States.\18\ Throughout the 1990s and 2000s, evaluations of the 
program yielded a hard truth: D.A.R.E. was not effective at 
reducing long-term substance abuse in teenagers.\19\ As a 
result the nonprofit organization made a change to the 
curriculum. DARE's original curriculum entailed long lectures 
about the harms caused by drugs and alcohol; while the new 
curriculum consists of short instruction about good decision-
making skills followed by group practice in implementing those 
skills.\20\ D.A.R.E. used evidence to conclude that the old 
curriculum failed to advance the intended policy goal.
---------------------------------------------------------------------------
    \18\CEP Report, supra note 4 at 9.
    \19\Id.
    \20\Amy Nordrum, The New D.A.R.E. Program--This One Works, 
Scientific Amer., Sept. 10, 2014, available at https://
www.scientificamerican.com/article/the-new-d-a-r-e-program-this-one-
works/.
---------------------------------------------------------------------------
    The Commission identified a number of potential questions 
to be answered with additional evidence. Common sense would 
dictate that the Federal Government would make policy decisions 
based on good evidence without the need for a new law. 
Unfortunately, there are currently barriers to making the 
necessary evidence available to policymakers. Often the data 
needed for evidence building is not available, and even when it 
is available, agencies lack the resources and expertise to 
effectively evaluate the programs.\21\ The Commission also 
found that ``[g]enerating and using evidence to inform 
government policymaking and program administration is not a 
partisan issue.''\22\ Evidence should inform both Congressional 
and Executive branch policy decisions.
---------------------------------------------------------------------------
    \21\CEP Report, supra note 4 at 20.
    \22\Id. at 3.
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Improving evidence-building capacity

    According to the Commission and the Government 
Accountability Office (GAO), evidence-building efforts, 
coordination, and capacity are uneven across Federal 
agencies.\23\ As is common in Federal agencies, the Commission 
found that evidence-building activities tend to be siloed, 
which results in missed opportunities, unnecessary duplication, 
and wasted resources.\24\ Ineffective coordination and 
prioritization of evidence-building has a significant impact on 
the Federal Government. GAO reports, ``Agencies' continued lack 
of evaluations may be the greatest barrier to their informing 
managers and policy makers and constitutes a lost opportunity 
to improve the efficiency and effectiveness of limited 
government resources.''\25\
---------------------------------------------------------------------------
    \23\CEP Report, supra note 4 at 88; and U.S. Gov't Accountability 
Office, GAO-15-25, Program Evaluation: Some Agencies Reported That 
Networking, Hiring, and Involving Program Staff Help Build Capacity 
(2014) [hereinafter GAO-15-25].
    \24\CEP Report, supra note 4 at 88.
    \25\U.S. Gov't Accountability Office, GAO-17-743, Program 
Evaluation Annual Agency-Wide Plans Could Enhance Leadership Support 
for Program Evaluations (2017) [hereinafter GAO-17-743] (citing to the 
highlights).
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    Silos are particularly problematic because of the large 
number of key actors within the Federal evidence-building 
community. CEP Commissioner Robert Shea testified at the 
Committee's hearing. Mr. Shea explained, ``We've taken to 
calling those who generate, manage, and analyze data, those who 
transform information into evidence, and those who support 
those functions through the routine processes of government, 
members of the evidence community.''\26\ The Commission 
identified the following components of the evidence-building 
community:
---------------------------------------------------------------------------
    \26\Recommendations of the Commission on Evidence-Based 
Policymaking: Hearing Before the H. Comm. on Oversight & Gov't Reform, 
115th Cong. (2017) (testimony of Robert Shea) [hereinafter Shea 
Testimony].
---------------------------------------------------------------------------
          1. The Federal Statistical System: This includes the 
        13 Principal Statistical Agencies (PSAs) and other 
        statistical programs.
          2. Evaluation offices: Evaluators use systematic data 
        collection and analysis to assess the strengths and 
        weaknesses of programs, policies, and organizations.
          3. Policy research offices: Policy research means 
        activities conducted to increase the stock of knowledge 
        about programs and policies. This activity often occurs 
        prior to formal evaluation to develop a knowledge base 
        upon which to develop questions to be answered through 
        evaluation.
          4. Program administrators: Program administrators are 
        responsible for ensuring programs are effectively and 
        efficiently achieving the agency's mission. Federal 
        programs are both an audience for evidence and a source 
        of data used to generate the evidence.
          5. Performance management offices: Performance 
        management offices are responsible for improving 
        performance and achieving cost-effective results. Such 
        offices are another important audience for evidence.
          6. Centralized policy analysis offices: Described as 
        ``knowledge brokers,'' policy analysis offices 
        translate the knowledge obtained through evaluation and 
        policy research into information accessible to the 
        evidence audience, including program and performance 
        management offices, Congress, and the public.
          7. External partners: Some agencies also seek to 
        develop evidence through external partnerships with 
        researchers and service providers with tools like 
        cooperative-agreements or grants.
    All departments have some combination of these 
functions.\27\ President Trump's 2018 Budget Proposal argued 
for an integrated infrastructure for the evidence-building 
community:
---------------------------------------------------------------------------
    \27\CEP Report, supra note 4, at 101.

          A strong evidence infrastructure requires a variety 
        of capacities, and developing and supporting the use of 
        evidence and evaluation in decision-making requires 
        coordination between those managing the operations of a 
        program . . . and those responsible for using data and 
        evaluation to understand program effectiveness.\28\
---------------------------------------------------------------------------
    \28\Office of Mgmt, & Budget, Exec. Office of the President, 
Analytical Perspectives: Budget of the U.S. Government Fiscal Year 
2018, at 55-58 (2017).

    Reports from GAO support these findings and show that 
agencies with centralized leadership report greater rates of 
evaluation and use of evaluation results in decision-
making.\29\
---------------------------------------------------------------------------
    \29\GAO-17-743, supra note 26, at 5.
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Chief Evaluation Officers

    H.R. 4174 addresses the need to improve coordination and 
support evidence-building functions in agencies by requiring 
the 24 Chief Financial Officers Act agencies to designate Chief 
Evaluation Officers (CEOs), as recommended by the Commission. 
The role of a CEO is not a political role, instead candidates 
must have a ``demonstrated expertise in evaluation methodology, 
practices, and appropriate expertise to the disciplines of the 
agency.''\30\ The responsibility of a CEO is to oversee the 
agency's efforts in conducting policy research and evaluation 
activities.
---------------------------------------------------------------------------
    \30\Foundations for Evidence-Based Policymaking Act of 2017, H.R. 
4147, 115th Cong. (2017).
---------------------------------------------------------------------------
    For most agencies, the identification and designation of a 
CEO will require very few changes in their organizational 
structures. In 2014, GAO found approximately one-third of the 
Federal agencies have already established CEOs or similarly 
titled positions, and about half of the agencies reported 
establishing a centralized evaluation office.\31\ However, 
establishing statutory requirements to coordinate and assess 
capacity of the evidence-building functions of the agency will 
elevate the role and ensure greater consistency across 
agencies.
---------------------------------------------------------------------------
    \31\GAO-15-25, supra note 24 at 10 (2014).
---------------------------------------------------------------------------
    In 2012, the Office of Management and Budget (OMB) issued 
guidance on the ``Use of Evidence and Evaluation in the 2014 
Budget,'' encouraging agencies to designate a ``high-level 
official who is responsible for program evaluation'' and other 
tasks to support evidence-building capacity and 
coordination.\32\ OMB suggested the designation of a Chief 
Evaluation Officer or assigning the responsibility to the head 
of an independent entity within the agency, explaining, ``An 
existing official could play the role, or a forceful new 
position could replace several less empowered ones.''\33\
---------------------------------------------------------------------------
    \32\Office Of Mgmt, & Budget, Exec. Office Of The President, M-12-
14, Memorandum to the Heads of Executive Departments and Agencies: Use 
of Evidence and Evaluation in the 2014 Budget (2012).
    \33\Id.
---------------------------------------------------------------------------
    The Administration highlighted the value of Chief 
Evaluation Offices in the 2018 Budget Proposal:

          Centralized or chief evaluation offices play an 
        important role in an evidence infrastructure that can 
        develop and sustain agency capacity to build and use 
        evidence. A recent Government Accountability Office 
        (GAO) report found that Federal agencies with a 
        centralized evaluation authority reported greater 
        evaluation coverage of their performance goals and were 
        more likely to use evaluation results in decision 
        making. Centralized or chief evaluation offices are 
        often essential for ensuring that key evidence and 
        evaluation principles are reflected in practice. The 
        establishment of a centralized evaluation office and an 
        official, public evaluation policy that reflects these 
        principles is a particularly strong and mutually 
        reinforcing combination. A centralized office allows 
        the agency to credibly establish the independence and 
        transparency of its evaluation activity, develop the 
        specialized expertise required to implement rigorous 
        evaluations, and have a centralized entity responsible 
        for coordinating and disseminating research 
        findings.\34\
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    \34\Office of Mgmt, & Budget, supra note 29, at 55-58.
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Annual agency-wide evidence-building plans

    The Commission recommended departments develop multi-year 
agendas of pressing research and policy questions and a plan to 
address them, which the Commission referred to as, ``learning 
agendas.''\35\ Commissioner Robert Shea described the plan as 
``essentially a strategic plan for evidence building, 
identifying important policy questions relevant to the 
department's mission.''\36\
---------------------------------------------------------------------------
    \35\CEP Report, supra note 4 at 93.
    \36\Shea Testimony, supra note 27.
---------------------------------------------------------------------------
    H.R. 4174 requires the 24 Chief Financial Officers Act 
agencies to submit the annual evidence-building plans to 
Congress and OMB by the first Monday in February of each year. 
The timing allows the agencies to consider the development of 
evidence in conjunction with the development of their strategic 
plans, which are annual long-term planning tools required by 
current law that describe goals, planned actions to achieve 
those goals, and plans for dealing with challenges and 
risks.\37\ Agencies will be required to develop lists of: (1) 
policy questions the agency intends to address through 
evidence-building functions, (2) data needed to facilitate 
evidence-building, (3) methods and analytical approaches that 
may be used in developing the evidence, and (4) challenges to 
developing evidence. The bill addresses recommendations for 
agency-wide evidence or evaluation plans recommended by the 
Commission, the Administration, and GAO.
---------------------------------------------------------------------------
    \37\Office of Mgmt, & Budget, Exec. Office of the President, 
Circular A-11 Sec. 230, Agency Strategic Planning (2017).
---------------------------------------------------------------------------
    According to GAO and OMB, the development of a plan or 
agenda for evidence-building is important ``to ensure that an 
agency's scarce research and evaluation resources are targeted 
to its most important issues.''\38\ Currently, about one-
quarter of Federal agencies develop annual and long-term 
evaluation plans.\39\ OMB has encouraged agencies to develop 
``a planned approach to learning in the context of evidence-
based decision-making and improving program performance through 
evaluation and analysis.''\40\
---------------------------------------------------------------------------
    \38\GAO-17-743, supra note 26.
    \39\Id.
    \40\Office of Mgmt, & Budget, supra note 29, at 55-58.
---------------------------------------------------------------------------
    In September 2017, GAO recommended OMB direct each of the 
24 Chief Financial Officers Act agencies develop an annual 
agency-wide evaluation plan to describe key questions for each 
significant evaluation planned in the upcoming year.\41\ An 
agency's annual strategic review provides a good opportunity to 
help target its evaluation agenda to its management, budget, 
and policy priorities.\42\
---------------------------------------------------------------------------
    \41\GAO-17-743, supra note 26, at 29. In response to the 
recommendation, OMB suggested that they would prefer to continue to 
simply encourage the plan rather than establish a requirement. However, 
GAO noted that OMB's encouragement has achieved only limited success 
and ``a more directive approach is needed.'' Id.
    \42\Id.
---------------------------------------------------------------------------
    GAO suggested that OMB's guidance for strategic reviews 
could serve as a foundation for a comprehensive evidence-
building plan.\43\ The guidance ``directs agencies to consider 
a broad array of evidence and external influences on their 
objectives, identify any gaps in their evidence and areas where 
additional evaluations or other analyses are needed, and thus 
focus their limited evaluation resources to inform the 
strategic decisions facing the agency.''\44\ Agencies are 
already required to identify gaps in evidence-building efforts 
and take actions to address them.\45\
---------------------------------------------------------------------------
    \43\Id.
    \44\Id.
    \45\Id. at 28.
---------------------------------------------------------------------------
    The Committee does not intend the requirements in title I 
to create a basis for judicial action.
    H.R. 4174 also requires agencies to engage in consultation 
with key stakeholders in development of evidence-building 
plans. Involving agency staff that will use the final product 
in planning and conducting the evaluations improves the utility 
of the evidence produced.\46\ Experienced evaluation offices 
already practice stakeholder consultation.\47\
---------------------------------------------------------------------------
    \46\Id.
    \47\Id. at 17.
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    Congressional consultation is also required under H.R. 
4174. Congressional consultation and all consultation required 
under this bill should be more than ``one-directional 
[communication], resembling reporting more than dialogue.''\48\ 
Agency staff have described statutorily mandated consultation 
as ``formal briefings . . . in a tense, high-stakes 
environment.''\49\ However, formal briefings without an 
opportunity to discuss findings and results or exchange ideas 
is not consultation. Consultation is a discussion and a 
deliberation. It is an opportunity to engage stakeholders to 
obtain their unique perspective, solicit their support, and 
adapt the final product to address new ideas.
---------------------------------------------------------------------------
    \48\Id.
    \49\Id.
---------------------------------------------------------------------------
    In approaching consultation under this bill, agencies 
should consider GAO's findings:
          1. Congressional consultation on agency evaluation 
        plans could increase the studies' credibility with 
        those whose support is needed to implement program 
        reforms.\50\
---------------------------------------------------------------------------
    \50\Id.
---------------------------------------------------------------------------
          2. GAO previously reported that involving agency 
        staff in planning and conducting evaluations helps to 
        ensure they are relevant, credible, and used in 
        decision making.\51\
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    \51\Id.
---------------------------------------------------------------------------
          3. [GAO's] previous literature review found that 
        collaboration with program stakeholders in evaluation 
        planning is a widely recognized element of evaluation 
        capacity.\52\
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    \52\Id.
---------------------------------------------------------------------------
          4. Although only some agencies have developed agency-
        wide evaluation plans, evaluators who have them found 
        that obtaining stakeholder input helped ensure 
        evaluation relevance and facilitate use of their 
        results. \53\
---------------------------------------------------------------------------
    \53\Id.
---------------------------------------------------------------------------
          5. [GAO] also described in a previous report how 
        experienced agency evaluation offices reach out to key 
        program stakeholders to identify important policy and 
        program management questions, vet initial ideas with 
        the evaluations' intended users, and then scrutinize 
        the proposed portfolio of studies for relevance and 
        feasibility within available resources. The resulting 
        evaluation agenda aims to provide timely, credible 
        answers to important policy and program management 
        questions. This can help ensure that their evaluations 
        will be used effectively in management and legislative 
        oversight.\54\
---------------------------------------------------------------------------
    \54\Id. at 17.
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          6. Congressional committees can communicate their 
        interest in evaluation by consulting with agencies on 
        their strategic plans and priority goals, reviewing 
        agency annual evaluation plans to ensure they address 
        issues that will inform congressional decision making, 
        and requesting evaluations to address specific 
        questions of interest.\55\
---------------------------------------------------------------------------
    \55\GAO-15-25, supra note 24.
---------------------------------------------------------------------------
          7. Consulting with program staff throughout an 
        evaluation was said to help ensure a more trusting 
        relationship and a greater willingness to hear not-so-
        good news when the evaluation results came in. Program 
        staff may be unwilling to accept negative findings 
        because they have a vested interest in trying to make 
        the program work. But this can be countered if staff 
        understand the logic of the evaluation or if the study 
        provides information on barriers that might be 
        overcome.\56\
---------------------------------------------------------------------------
    \56\Id. at 27.
---------------------------------------------------------------------------
          8. Yet, nearly 40 percent of managers who had 
        evaluations reported that they did not know whether 
        lack of ongoing congressional commitment to using 
        evaluations was a barrier, and some of the evaluators 
        [GAO] interviewed reported few congressional 
        consultations in planning evaluations. Consultation 
        with congressional stakeholders in developing 
        evaluation agendas is important to help ensure that 
        agency evaluations meet their information needs and 
        inform decisions.\57\
---------------------------------------------------------------------------
    \57\Id. at 29.
---------------------------------------------------------------------------
    Per the Commission's recommendation that OMB serve a 
coordinating role for evidence-building, H.R. 4174 requires OMB 
to consolidate the agency evidence-building plans and to 
facilitate interagency coordination of evidence-building plans. 
The bill explicitly requires agencies to submit the plans to 
OMB and Congress at the same time. The purpose of this 
requirement is to focus OMB's efforts on facilitating 
interagency coordination, rather than conducting a content 
review of the plans for purposes of providing feedback on 
whether agencies should pursue answers to particular policy 
questions.
    Interagency coordination should improve the use of limited 
resources and expand the production of evidence at Federal 
agencies. Commissioner Robert Shea described the Commission's 
recommendation for OMB coordination as follows:

          Efficiently implementing evidence-building activities 
        across government requires strong coordination. This 
        committee has already vested a great deal of 
        responsib[ility] in OMB, but we firmly believe it's the 
        right institution to help coordinate these activities. 
        We recommend OMB facilitate cross-government 
        coordination and consider whether consolidation or 
        reorganization of evidence-based policymaking functions 
        at OMB would accelerate adoption of the Commission's 
        recommendations.\58\
---------------------------------------------------------------------------
    \58\Shea Testimony, supra note 27.
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Continued consideration of recommendation for National Secure Data 
        Service

    The first recommendation offered by the Commission is to 
establish a National Secure Data Service (NSDS). The NSDS, as 
envisioned by the Commission, would be a model of privacy 
protection, secure and temporary data linkage, and transparent 
activity and processes. The NSDS would develop state-of-the-art 
methods for secure access to data and apply strict data 
minimization techniques. The Commission also recommended that 
the NSDS be established in the existing framework of the 
Department of Commerce.
    Establishing a new program, office, or agency not currently 
in existence in the Federal Government necessitates a 
comprehensive study of the appropriate parameters of the 
recommended permanent establishment of an expansion of the 
Executive branch and an evaluation of the expected return on 
the investment of taxpayer dollars. H.R. 4174 continues the 
discussion about the need and value of the NSDS by establishing 
an advisory committee to evaluate and provide recommendations 
to OMB regarding the implementation of the NSDS.
    The recommendation to house the NSDS in the Department of 
Commerce warrants particular attention. Dr. Haskins explained, 
``one of our explicit intents was not to create some big new 
agency that would have mountains of data. Rather it was to 
build on things the Census Bureau is already doing and expand 
those gradually over a period of years so that primarily we 
could have a temporary repository for data that is needed for 
good studies that have been approved through an elaborate 
process. And then the data would be sent back to wherever it 
came from, whatever agency it came from.''\59\
---------------------------------------------------------------------------
    \59\Haskins Testimony, supra note 7.
---------------------------------------------------------------------------
    However, housing the new service at the Department of 
Commerce raises concerns about how a new statistical function 
might affect the Census Bureau in the lead up to the 2020 
census. In 2015, the Department of Commerce estimated the 2020 
census would cost $12.3 billion--just two years later the 
estimate was revised to $15.6 billion, an increase of more than 
$3 billion.\60\ David A. Powner, Director of Information 
Technology at the Government Accountability Office, testified 
that the Census Bureau has ``missed many milestones''\61\ when 
it comes to implementing the 43 systems required for the 
decennial census. Additionally, there is concern that 
``schedule pressure and late deliveries will result in 
compressed and inadequate testing.''\62\ Careful consideration 
must be made before redirecting resources from a program that 
is increasingly costly and behind schedule.
---------------------------------------------------------------------------
    \60\Census Bureau, 2020 Census Program Management Review (2017), 
available at https://www2.census.gov/programs-surveys/decennial/2020/
program-management/pmr-materials/10-27-2017/pmr-welcome-high-level-
updates-10-27-2017.pdf.
    \61\Hearing on the 2020 Census: Hearing Before H. Comm. on 
Oversight and Gov't Reform, 115th Cong. (2017).
    \62\Ibid.
---------------------------------------------------------------------------
    Both the House and the Senate held hearings on the 2020 
Census in October 2017. Secretary of Commerce Wilbur Ross 
requested additional funding following the new cost estimates 
and testified that ``Many challenges still lie ahead for the 
2020 Census. We are keenly aware of the challenges, risks, and 
costs associated with this new approach.''\63\ In his 
appearance before the House on October 12, 2017, Secretary Ross 
provided a new life-cycle cost estimate of $15.6 billion 
dollars, an increase of $3.3 billion from the 2015 cost 
estimate.\64\
---------------------------------------------------------------------------
    \63\2020 Census: Examining Cost Overruns, Information Security, and 
Accuracy: Hearing before the S. Comm. on Homeland Sec. and Gov't 
Affairs, 115th Cong. (2017) (written statement of Wilbur Ross, 
Secretary of Commerce).
    \64\Id.
---------------------------------------------------------------------------

OPEN Government Data Act

    On May 9, 2013, President Obama issued Executive Order 
13642, titled ``Making Open and Machine Readable the New 
Default for Government Information.''\65\ Shortly thereafter, 
OMB issued Memorandum M-13-13, ``Open Data Policy--Managing 
Information as an Asset,''\66\ and further guidance in a 
document titled, ``Supplemental Guidance on the Implementation 
of M-13-13 `Open Data Policy--Managing Information as an 
Asset.'''\67\
---------------------------------------------------------------------------
    \65\78 Fed. Reg. Sec.  28111-3 (May 9, 2013).
    \66\Office of the Fed. Chief Fin. Officer, M-13-13, Memorandum for 
the Heads of Executive Departments and Agencies: Data Policy--Managing 
Information as an Asset (May 13, 2013).
    \67\Office of Mgmt and Budget, Supplemental Guidance on the 
Implementation of M-13-13 ``Open Data Policy - Managing Information as 
an Asset'' (Nov. 30, 2013).
---------------------------------------------------------------------------
    The open data policies placed unprecedented data management 
requirements on agencies. Under this policy, agencies were 
required to collect and create information electronically by 
default, in machine-readable and open formats, with data 
standards that promote interoperability and openness, and under 
open licenses. Agencies were also required to begin 
inventorying their data assets. M-13-13 described the process 
as accounting for data assets in the agency's information 
systems to be built out over time and to ultimately include all 
data assets to the extent practicable.
    The open data policy lacked one important openness 
requirement--the requirement to make the data inventories 
themselves open. The policy only required a small subset of the 
inventories to be made available online. In December 2013, the 
Sunlight Foundation filed a FOIA request for all of the 
enterprise data inventories and data inventory schedules 
submitted to OMB.\68\ After 14 months of resisting, OMB agreed 
to provide a plan to comply with the FOIA request.\69\ In late 
February 2015, OMB began to publish the agency data inventories 
online, in accordance with the legal requirements for 
disclosure under FOIA.\70\
---------------------------------------------------------------------------
    \68\Ginger McCall, Sunlight files FOIA request for full list of 
agency databases, Sunlight Found. (2013), available at https://
sunlightfoundation.com/2013/12/06/sunlight-files-foia-request-for-full-
list-of-agency-databases/.
    \69\Matt Rumsey, et al., A big win for open government: Sunlight 
gets U.S. to release indexes of federal data Sunlight Found. (2015), 
available at https://sunlightfoundation.com/2015/02/09/a-big-win-for-
open-government-sunlight-gets-us-to-release-indexes-of-federal-data/.
    \70\Matt Rumsey, et al., After Sunlight FOIA, comprehensive data 
indexes arrive on Data.gov Sunlight Found. (2015), available at https:/
/sunlightfoundation.com/2015/03/02/after-sunlight-foia-comprehensive-
data-indexes-arrive-on-data-gov/.
---------------------------------------------------------------------------
    In the 114th Congress, Representatives Derek Kilmer (D-WA) 
and Blake Farenthold (R-TX) introduced the Open, Public, 
Electronic, and Necessary (OPEN) Government Data Act on April 
26, 2016. The bill essentially codified the requirements of the 
existing open data policy. The bill was reintroduced in the 
115th Congress on March 29, 2017. The policies of that bill are 
incorporated into title II and section 101(c) of H.R. 4174, 
with some additional requirements to address recommendations of 
the Commission.
    Title II of H.R. 4174, the OPEN Government Data Act, 
establishes a default of openness, meaning government data 
should be available to and usable by the public to the greatest 
extent possible. Open formats and open licenses are necessary 
components of a default of openness because they remove 
barriers to accessing and using the data. The presumptions 
expand upon, but do not alter existing openness requirements 
related to the treatment of any work of the United States 
Government under section 105 of title 17 or any other rights 
regimes.
    The default is only that--a default. There are instances 
where it could be inappropriate for the government to impose 
open license requirements, such as for data that the government 
uses and maintains but does not own. For example, an agency 
might contract with a commercial data provider to obtain data 
that, if the agency attempted to collect on its own, the agency 
would need to spend significant time and resources verifying. 
This bill is not intended to prevent agencies from contracting 
with commercial data providers to obtain data under restricted 
terms, when such contract is in the public interest and is the 
most cost-effective way to meet the Federal Government's needs.

Comprehensive inventory

    An inventory of Federal data assets with basic technical 
information ``is fundamental to evidence building.''\71\ The 
evidence building community cannot use data unless there is 
some way to know that the data exists and where the data is 
located. The Federal Government produces a wealth of data that 
could be responsibly utilized by researchers, but is difficult 
to find across multiple agencies and thousands of datasets. A 
data inventory would allow researchers to quickly ascertain the 
scope of data products available and the location of the 
available data so that they can direct requests for access 
accordingly.\72\
---------------------------------------------------------------------------
    \71\CEP Report, supra note 4 at 78.
    \72\Id.
---------------------------------------------------------------------------
    The Commission notes: ``Notwithstanding recent attempts to 
develop a data inventory and calls for improved technical 
information about datasets, government lags behind the private 
sector in its standards for managing and documenting data that 
could be used for evidence building.''\73\ Agency inventories 
are of uneven quality and completeness, and the inventory does 
not include all datasets useful for evidence building.\74\ 
According to the Commission, the indications of availability 
will be ``extremely valuable,'' and the data inventory should 
include information on any restrictions to use of each data 
asset.\75\
---------------------------------------------------------------------------
    \73\CEP Report, supra note 4, at 78.
    \74\Id.
    \75\Id.
---------------------------------------------------------------------------
    To be of maximum utility, agency data inventories need to 
include the maximum amount of metadata about the maximum number 
of data assets. In practical terms, that means the agencies 
should account for every data asset owned, used, maintained, or 
accessed by the agency. This includes data from applications, 
devices, networks, and equipment, which is often underutilized 
and can be useful for strengthening cybersecurity and 
forensics, improving security, reducing costs, identifying 
waste, reducing energy consumption, and improving agency 
operations. It also means that any information on the inventory 
that can be made available should be made available.
    The inventory must include information about the data 
assets that will help the public better understand the data. 
Required information includes: the name of the data asset, the 
date the data asset with last updated, the owner of the data 
asset, and a description of the method by which the public may 
request access to the data asset. There are existing methods of 
accessing data through Federal agencies, such as requests under 
the Freedom of Information Act (FOIA). This bill adds 
additional methods to access data, such through the Federal 
data catalogue and through the process established in section 
303 for researchers and others to access data for evidence-
building purposes. In some circumstances, the government may 
maintain data owned by a private entity. Contacting the private 
entity to access the privately owned data may be another method 
the public can use to access data.
    H.R. 4174 adds to the OPEN Government Data Act the 
requirement that any information on the inventory that would be 
available under the Freedom of Information Act (FOIA) must be 
included in the publicly released portion of the inventory. In 
consideration of the efforts of the Sunlight Foundation and 
many other FOIA requesters, this requirement would eliminate 
the unnecessary procedural burdens of FOIA to ensure 
transparency of the inventory, which is ``likely to become the 
subject of subsequent requests for substantially the same 
records.''\76\
---------------------------------------------------------------------------
    \76\5 U.S.C. Sec. 552(a)(2)(D)(ii)(I). Enacted last year, the FOIA 
Improvements Act, Pub. L. 114-185, established another pertinent 
requirement that any record requested three or more times would also 
need to be made publicly available. The requirement in H.R. 4174 
reduces the burden on the requesters that are clearly interested in a 
comprehensive data inventory and on the agencies that would need to 
comply with this request.
---------------------------------------------------------------------------

Expanding access to data

    Even beyond the evidence-building applications, expanding 
access and usability of government data can have a profound 
effect on the American public. The Department of Commerce 
estimates that the private sector's use of government data 
generates as much as $221 billion a year in private sector 
revenue.\77\ Another study estimated that government data is 
potentially worth as much as $5 trillion per year in economic 
value, in seven areas of the global economy, according to a 
McKinsey Global Institute study.\78\ The government should 
treat data as the valuable national resource that it is.
---------------------------------------------------------------------------
    \77\U.S. Dep't. of Commerce, Fostering Innovation, Creating Jobs, 
Driving Better Decisions: the Value of Government Data (2014), 
available at https://esa.gov/sites/default/files/
revisedfosteringinnovationcreatingjobsdrivingbetterdecisions-
thevalueofgovernmentdata.pdf.
    \78\James Manyika, et al., Open Data: Unlocking Innovation and 
Performance with Liquid Information, Mckinsey Global Inst. (2013), 
available at https://www.mckinsey.com/business-functions/digital-
mckinsey/our-insights/open-data-unlocking-innovation-and-performance-
with-liquid-information.
---------------------------------------------------------------------------
    Agencies should also treat data as a valuable agency 
resource and manage it so as to maximize their capacity to gain 
insights. According to the CIO Council:

          Improving the management of government data and 
        information can increase operational efficiencies, 
        reduce costs, improve services, and better safeguard 
        personal information. Furthermore, improved information 
        management can allow for the efficient release and 
        reuse of this data by others outside of an 
        agency''.\79\
---------------------------------------------------------------------------
    \79\Office of Fed. Chief Information Officer, State of Federal 
Information Technology (2017).

    In March 2017, Hudson Hollister, Founder and Executive 
Director of the Data Coalition, testified before the Committee 
about the value of open data to the Federal agencies. Mr. 
---------------------------------------------------------------------------
Hollister stated:

          Most of the expense of big data projects comes from 
        extracting information from different sources, 
        transforming those data sets into the same format, and 
        then loading them into new systems to be analyzed. If 
        Federal data sets were consistently available using 
        machine-readable formats to begin with, those expensive 
        one-off projects would not be necessary.\80\
---------------------------------------------------------------------------
    \80\Legislative Proposals for Fostering Transparency, Hearing 
Before H. Comm. on Oversight and Gov't. Reform, 115th Cong. (2017).

    An excerpt from a report by the Data Foundation entitled, 
The State of the Union of Open Data 2016, further explains the 
---------------------------------------------------------------------------
importance of open data:

          Within government, open data greatly reduces the 
        costs of sharing and using information. When 
        information is expressed as open data, a range of 
        functions become easier and cheaper: measuring program 
        performance, discovering fraud and waste, improving 
        citizens' customer experience, and informing 
        decisions.\81\
---------------------------------------------------------------------------
    \81\Alison Gill, et. al., The State of the Union of Open Data 
(2016), available at http://www.datafoundation.org/state-of-the-union-
of-open-data-2016/ (Noting, the State of the Union of Open Data 2016 
provides a history of federal open data efforts).

    At a recent roundtable discussion, White House officials 
supported the continued expansion of open data. According to 
the Sunlight Foundation, one official ``said they think that 
open data is an example of an important enabler to encouraging 
innovation in emerging technology fields, empowering Americans 
to create better services and systems,'' and another 
``expressed optimism that more useful data sets will be 
identified and opened up, fueling job growth and economic 
---------------------------------------------------------------------------
activity, creating new opportunities.''\82\

    \82\Alex Howard, Notes from a roundtable on open data at the White 
House, Sunlight Found. (July 26, 2017), https://sunlightfoundation.com/
2017/07/26/white-house-open-data-roundtable/.
---------------------------------------------------------------------------

Chief Data Officers

    The Commission found that many departments lack senior 
leadership focused on data management. The Commission urged 
agencies to develop more meaningful collaboration: 
``Coordinating evidence-building activities and supporting use 
of administrative data across departments leads to useable 
inventories, data resources, and analytic capabilities for 
responding to specific policy and research questions.''\83\ The 
Commission expressed concern about the expansive portfolios of 
CIOs and other senior officials, which would prevent such 
officials from prioritizing data management.\84\
---------------------------------------------------------------------------
    \83\CEP Report, supra note 4 at 59.
    \84\Id.
---------------------------------------------------------------------------
    Similarly, the CIO Council expressed concerns about the 
inability to manage data with sufficient focus on expanding 
access to data, due to competing priorities and limited 
resources.\85\ The CIO Council's concerns are furthered by the 
state of information technology (IT) in the Federal Government. 
In fact, IT management has been on the GAO High-Risk List since 
2015.\86\ By some accounts, Federal IT spending may be as much 
as $200 billion each year.\87\
---------------------------------------------------------------------------
    \85\Office of Fed. Chief Information Officer, supra note 80, at C-
12.
    \86\U.S. Gov't Accountability Office, GAO-15-290, High-Risk Series: 
An Update (2015).
    \87\Troy K. Schneider, White House pushes TBM for IT savings and 
smarter spending, FCW (July 20, 2017), https://fcw.com/articles/2017/
07/20/tbm-summit-schneider.aspx.
---------------------------------------------------------------------------
    The CIO Council also expressed concern about the complexity 
of open data policy management. Time and resources are required 
to navigate the complex disclosure and nondisclosure laws and 
the numerous stakeholders of Federal data.\88\ Further, 
increased access to quantity is not enough. Coordination and 
feedback from the public is necessary to ensure the quality of 
the effort.\89\ The Federal Chief Information Officer's State 
of Federal Information Technology report recommended that 
information management roles be clarified.\90\
---------------------------------------------------------------------------
    \88\Office Of Fed. Chief Information Officer, supra note 86, at C-
14.
    \89\Id. at C-11.
    \90\Id. at Rec-10.
---------------------------------------------------------------------------
    In testimony before the Committee, Dr. Sweeney explained 
why an official dedicated to data management is needed in 
addition to the existing role of the Chief Information Officer:

          Many of the Federal information technology officers 
        are primarily focused on just that, the machines 
        themselves, the IT, the infrastructure of the systems 
        on which work is based. The chief privacy officer in 
        most of the agencies is based on making sure that the 
        agency is in compliance with privacy laws and 
        regulations. But what we're talking about is a 
        different issue. It's about the data that's on the 
        technology, the data that's being provided within the 
        context of existing privacy laws. That is, the agency 
        has the right to give out the data or not, or is 
        responding to the Privacy Act. That would be in the 
        chief privacy officer. But what version of the data is 
        actually being given? That's a technical analysis that 
        neither of the other two would be able to actually 
        implement.\91\
---------------------------------------------------------------------------
    \91\Recommendations of the Commission on Evidence-Based 
Policymaking: Hearing Before the H. Comm. on Oversight & Gov't Reform, 
115th Cong. (2017) (testimony of Dr. Latanya Sweeney) [hereinafter 
Sweeney Testimony].

    The Commission also highlighted concerns with the 
Information Collection Review process under the Paperwork 
Reduction Act. Inefficiencies in the process result in delays 
and reduce coordination and transparency of information 
collections.\92\ The Commission noted that while there are 
complaints about the difficulty and length of the review 
process, the problems also seem to stem from a failure to 
exercise existing flexibilities in the law.\93\
---------------------------------------------------------------------------
    \92\CEP Report, supra note 4 at 99.
    \93\Id. at 100.
---------------------------------------------------------------------------
    H.R. 4174 establishes Chief Data Officers (CDOs) at 
agencies to take on the role of data managers and coordinators. 
CDOs will carry out the information management, collection, and 
dissemination responsibilities under the Paperwork Reduction 
Act, while CIOs will be able to continue their focus on 
technology, procurement, and physical information systems. Data 
management, as opposed to IT management or IT security, is 
about establishing effective procedures, standards, and 
controls to ensure quality, accuracy, transparency, and privacy 
of data.\94\ The centralized management of data will improve 
interoperability and enhance transparency of existing 
resources.
---------------------------------------------------------------------------
    \94\Randy Bean, Big Data and the Emergence of the Chief Data 
Officer, Forbes (Aug. 8, 2016), available at https://www.forbes.com/
sites/ciocentral/2016/08/08/big-data-and-the-emergence-of-the-chief-
data-officer/.
---------------------------------------------------------------------------

Role of designated statistical officials

    There are some laws that prohibit access and use of data 
except under specific circumstances and by specific 
individuals. Statistical agencies have strict data access laws 
and policies to protect the confidentiality of data collected 
under a pledge of confidentiality. The Congressional Research 
Service provided the Commission with a list of statistical laws 
that establish agencies and govern the protection of the data 
obtained by such agencies for statistical purposes.\95\ The 
reference to statistical laws in H.R. 4174 extends to those 
laws that govern the protection of data for statistical 
purposes.
---------------------------------------------------------------------------
    \95\Memorandum from Clinton T. Brass, Co-Coordinator Specialist in 
Gov't Org. and Mgmt., and Jennifer D. Williams, Co-Coordinator, 
Specialist in American Nat'l Gov't to Honorable Paul Ryan, Speaker of 
the House of Representatives, and Honorable Patty Murray, Ranking 
Member, S. Comm. on Health, Educ., Labor, and Pensions, 115th Cong. 
(Feb. 28, 2017); U.S. Gen. Accounting Office, GAO/GGD-96-106, 
Statistical Agencies: Statutory Requirements Affecting Government 
Policies and Programs (1996).
---------------------------------------------------------------------------
    To create flexibility and to avoid overlap with existing 
legal protections, H.R. 4174 delegates responsibilities of the 
Chief Data Officer to a designated statistical official, with 
expertise and authority necessary to access and manage 
statistical data, to the extent necessary to avoid conflicts 
with existing statistical laws. The designated statistical 
official will have the expertise necessary to know when these 
laws that govern the protection of data for statistical 
purposes apply. Therefore, H.R. 4174 authorizes the statistical 
official to make the determination of what responsibilities are 
necessary to delegate in order to avoid noncompliance with 
legal requirements designed to protect privacy and 
confidentiality. The Commission explained why this flexibility 
is necessary:

          The very legal framework that requires statistical 
        agencies to protect data collected or acquired under a 
        pledge of confidentiality and limit its use to 
        statistical purposes provides a privacy-protective way 
        to protect newly available data for evidence building. 
        The data protection requirement extends to all of [the] 
        representatives operating on a PSA's behalf, including 
        those working in data centers that store agency data. 
        Under the law, each person with any confidential 
        statistical data access must be made an agent, subject 
        to the law's penalty. Statistical agencies therefore 
        require that non-agency data center employees with 
        access to servers containing confidential data complete 
        training about data stewardship, formally affirm their 
        commitment to keeping statistical data secure and 
        confidential, and pledge not to divulge or attempt to 
        re-identify data. In fact, many statistical statutes 
        provide for notable penalties, including jail time, for 
        breaches of confidentiality.\96\
---------------------------------------------------------------------------
    \96\Recommendations of the Commission on Evidence-Based 
Policymaking: Hearing Before the H. Comm. on Oversight & Gov't Reform, 
115th Cong. (2017) (Question for the Record).
---------------------------------------------------------------------------

Secure access to nonpublic data for evidence-building

    Evidence has the power to transform inefficient and 
ineffective programs to better serve the American public. 
Often, the production of evidence requires the use of data 
containing personally identifiable information. The American 
public expects and deserves robust privacy protection when data 
is given in confidence. Access to and protection of data can be 
competing goals at times; however, the Federal Government's 
data management practices have hurt both interests.
    Due to inconsistent data privacy safeguards, agencies have 
both unnecessarily restricted access to data valuable for the 
production of evidence and inappropriately released data 
creating an unnecessary risk.\97\ To address this problem, the 
Commission offered a number of recommendations to improve data 
privacy protections with standards and methodologies to ensure 
thoughtful and consistent decision-making about data access.
---------------------------------------------------------------------------
    \97\Sweeny Testimony, supra note 92.
---------------------------------------------------------------------------
    As Dr. Abraham explained, ``We're not so much talking about 
the hardware and having to buy new hardware. We're talking 
about applying the right sort of methods to the way that data 
files that are going to be released get structured.''\98\ Data 
privacy should not be confused with IT security. The purpose of 
IT security is to prevent hacks and data breaches on physical 
systems. The purpose of data privacy is to prevent uninformed 
decisions to intentionally release personally identifiable 
information. Dr. Sweeney, the Commission's privacy expert, 
testified:
---------------------------------------------------------------------------
    \98\Abraham Testimony, supra note 16.

          The Commission believes we can securely increase 
        access to confidential data for evidence building based 
        in great part on new advances made in how we think 
        about privacy, in particular data privacy, and new 
        techniques that use the same technology that challenges 
        privacy to help provide protections. If we don't take 
        these actions, we risk exposing confidential data about 
        Americans widely, which leaves us vulnerable to many 
        problems.
          The Federal Government collects a lot of information 
        about individuals and businesses during the course of 
        its daily operations, and much of that information is 
        and should be open data. That is, it should be publicly 
        accessible government information. And things like 
        weather forecasts and train timetables do not carry the 
        same privacy burden.
          The government says it will keep some of that 
        information confidential, like names and dates of birth 
        of Social Security recipients. And when the government 
        pledges to keep data confidential, the data should have 
        strong protections, and data used should generally be 
        made known to the American public. Versions of the data 
        that can be rendered sufficiently de-identified should 
        also be made publicly available.\99\

    \99\Sweeney Testimony, supra note 92.
---------------------------------------------------------------------------

Codifying statistical laws and policies in Title 44, United States Code

    The Confidential Information Protection and Statistical 
Efficiency Act of 2002 (CIPSEA) was enacted as part of the E-
Government Act of 2002. CIPSEA has two purposes: (1) to create 
strong and uniform confidentiality protections for information 
collected exclusively for statistical purposes and under a 
pledge of confidentiality, and (2) to provide a limited 
authority to share protected data. According to the Commission, 
CIPSEA creates consistent statutory authority for the agencies 
responsible for statistical data to protect the data and 
codifies the long-standing principal of functional separation 
of statistical activities.\100\
---------------------------------------------------------------------------
    \100\CEP REPORT, supra note 4 at 27.
---------------------------------------------------------------------------

Statistical Policy Directive #1

    H.R. 4174 codifies CIPSEA in chapter 35 of title 44, United 
States Code, with a few enhancements such as clarifying the 
definition of statistical agencies and units and codifying 
Statistical Policy Directive #1 (SPD#1). According to the 
Commission, SPD#1 affirmed ``long-acknowledged, fundamental 
responsibilities of Federal statistical agencies'' and 
placement in the law would improve the protection of 
confidential data used in evidence-building. The Commission 
recommended codifying the four responsibilities identified in 
SPD#1:\101\
---------------------------------------------------------------------------
    \101\Statistical Policy Directive No. 1, Federal Register 79 (Dec. 
2, 2014): 71609-71616; https://www.gpo.gov/fdsys/pkg/FR-2014-12-02/pdf/
FR-2014-12-02.pdf.
---------------------------------------------------------------------------
          Responsibility 1: Produce and disseminate relevant 
        and timely information. The requirement for relevance 
        means that statistical agencies must communicate and 
        coordination across the department and with other 
        stakeholders.
          Responsibility 2: Conduct credible and accurate 
        statistical activities. Ensuring accuracy and 
        credibility means ensuring data and information 
        produced meet established standards like the OMB 
        established ``Information Quality Guidelines'' and the 
        agency's established guidelines. Transparency of 
        sources, dissemination practices, data collection 
        methods, and other relevant details supports 
        credibility.
          Responsibility 3: Conduct objective statistical 
        activities. Objective requires the avoidance of ``even 
        the appearance that agency design, collection, 
        processing, editing, compilation, storage, analysis, 
        release, and dissemination processes may be 
        manipulated.'' This responsibility requires statistical 
        activities be conducted ``autonomously when determining 
        what information to collect and process, the physical 
        security and information systems security employed to 
        protect confidential data, which methods to apply in 
        their estimation procedures and data analysis, when and 
        how to store and disseminate their statistical 
        products, and which staff to select to join their 
        agencies.''
          Responsibility 4: Protect the trust of information 
        providers by ensuring the confidentiality and exclusive 
        statistical use of their responses. Trust is 
        ``essential for the completeness and accuracy of 
        statistical information as well as the efficiency and 
        burden of its production.'' Agencies build and maintain 
        trust ``by maintaining a strong organizational climate 
        that safeguards and protects the integrity and 
        confidentiality of the data collected, processed, and 
        analyzed to ensure that the information is secure 
        against unauthorized access, editing, deletion, or 
        use.''
    H.R. 4174 codifies these responsibilities in new section 
3563 of title 44, United States Code. The requirement for OMB 
to issue regulations, as opposed to guidance, is an additional 
method to reinforce the responsibilities of SPD#1 by requiring 
the use of an established, transparent process to develop and 
institute policies to implement the requirements in section 
3563. H.R. 4174 furthers SPD#1's responsibility to establish 
trust by holding agencies accountable for the pledge to keep 
data protected and by requiring the agency to protect the data 
in accordance with that pledge.

Relationship to FITARA

    Enacted in December 2014, the Federal Information 
Technology Acquisition Reform Act (FITARA) was the first 
serious IT acquisition reform effort since the Clinger-Cohen 
Act of 1996.\102\ The impetus for FITARA was a lack of clear 
accountability for IT investment outcomes and other issues 
identified through oversight. FITARA addresses the 
accountability problem by enhancing existing CIO authorities 
and ensuring the CIO has a significant role in the budgeting, 
execution, management, and governance processes related to IT 
management and acquisition. For example, by law the agency CIO 
shall: (1) approve the agency's IT budget request; (2) certify 
that IT investments are implementing incremental development; 
and (3) approve the appointment of any other employee with the 
title of CIO or who functions as a CIO within the agency. The 
CIO must also approve all major IT contracts and reprogramming 
of IT program funds.\103\
---------------------------------------------------------------------------
    \102\40 U.S.C. Sec. 11101, et seq. The Clinger-Cohen Act created 
the position of the agency CIO and made the CIO responsible for 
assisting agency heads in IT acquisition and management. It also made 
the CIO responsible for IT capital planning, investment control, 
performance, and results-based management. The E-Government Act of 2002 
reiterated the CIO's management responsibility for agency IT management 
and information security at individual agencies and created the CIO 
Council.
    \103\The CIO may delegate the approval of non-major IT contracts to 
an individual who reports to the CIO. FITARA also provides some 
flexibility in how the CIO approval might work by allowing for the use 
of agency ``governance processes'' as long as the CIO is a ``full 
participant.'' FITARA, Section 831(b)(1)(C).
---------------------------------------------------------------------------
    The Commission's report raises some important questions 
about the intent of codifying SPD#1. Some comments received by 
the Commission suggested that FITARA raised questions about 
statistical agencies' abilities to adequately protect the 
confidentiality of the data and suggested that ``well-
intentioned efforts'' to comply with FITARA may hinder 
statistical agencies' ability to follow through with their 
pledges of confidentiality and non-disclosure.\104\ Commenters 
also suggested that PSAs should have their legal authority 
restored.\105\ The recommendation asserted that placing SPD#1 
into law ``provides PSAs a stronger basis from which to defend 
their need for independent information technology resources and 
tailored procedures to secure the confidentiality of Federal 
data used for evidence building.''\106\
---------------------------------------------------------------------------
    \104\CEP Report, supra note 4 at 59-60.
    \105\Id.
    \106\Id. at 64.
---------------------------------------------------------------------------
    The Committee is a strong proponent of FITARA and opposes 
policies that alter the legal authorities provided under the 
law. H.R. 4174 does not alter any existing authorities under 
FITARA, including of the CIO, or otherwise affect the 
requirements under that law. Dr. Abraham clarified the 
Commission's intent: ``We do not believe there need be a 
conflict between the objectives of FITARA and statistical 
confidentiality.''\107\ Thus, the intent and the text of the 
bill do not create a conflict. Agencies should be able to meet 
the requirements under FITARA and this bill.
---------------------------------------------------------------------------
    \107\Recommendations of the Commission on Evidence-Based 
Policymaking: Hearing Before the H. Comm. on Oversight & Gov't Reform, 
115th Cong. (2017) (Question for the Record).
---------------------------------------------------------------------------

Enhancing privacy protections and expanding secure access

    Many statistical agencies have been at the forefront of 
privacy for decades. The Commission reports there are new, 
cutting-edge technologies being explored by the Census Bureau 
to mitigate the risk of identification. According to the 
Commission, improvements in privacy protection are foundational 
for using data for evidence building because strong and 
effective privacy protections build public trust.
    The Commission found that government-wide agencies are not 
consistently applying best practices for privacy protections 
and do not require a risk assessment prior to the public 
release of this data. Furthermore, privacy protection 
techniques like data minimization, the practice of allowing 
access only to the data that is necessary to complete a 
project, are applied differently across agencies and 
departments.\108\ Because of rapid changes in computer science, 
additional vigilance is required when releasing data, even when 
names, addresses, and social security numbers have all been 
removed.
---------------------------------------------------------------------------
    \108\CEP Report, supra note 4 at 38-39.
---------------------------------------------------------------------------
    Dr. Sweeney explained that protecting privacy through 
consistent and established policies can increase the public's 
understanding of government activities. She testified:

          Privacy does not mean secrecy, and there's often a 
        lot of confusion that the idea of privacy is to hide it 
        and not let anyone know about it. But, in fact, the 
        Commission believes that advancing beyond the status 
        quo and achieving unparalleled transparency means first 
        telling the public about how government data are used 
        for evidence building, and, second, regularly auditing 
        whether the government is doing what it said it would 
        do to protect privacy when allowing access to 
        government data for evidence building. Further, 
        transparency means how was the data redacted and 
        learning new ways and encouraging the use of new 
        techniques.\109\
---------------------------------------------------------------------------
    \109\Sweeney Testimony, supra note 92.

    The Commission recommended a tiered access approach to data 
protection. Explaining data access under a tiered access 
approach, Dr. Sweeney said, ``It's not a binary decision. 
That's how we've historically looked at it. But today's 
technology allows us the opportunity to say we can, in fact, 
provide public versions of data. The question is which version 
and the techniques used to render that version.''\110\ The 
problem is ``there's a great variation in how Federal agencies 
go about protecting confidential data today.''\111\
---------------------------------------------------------------------------
    \110\Id.
    \111\Id.
---------------------------------------------------------------------------
    A tiered access approach means using data minimization, 
which means giving access to the least amount of data necessary 
for the project.\112\ Under the Commission's approach agencies 
would need to assess the sensitivity of each data asset by 
analyzing the potential harm in the context of the potential 
use. The Commission noted that the government lacks a 
consistent and objective system to classify sensitivity, which 
means agencies cannot ensure equal treatment of all data 
assets. Dr. Sweeney explained:
---------------------------------------------------------------------------
    \112\CEP Report, supra note 4 at 38.

          Government agencies follow their own applicable laws 
        and regulations in providing access to their 
        confidential data. These agencies are not necessarily 
        coordinated in the decisionmaking they make. And the 
        fact that they have different policies and different 
        procedures about what it means to be identifiable 
        creates a lot of problems. Sometimes two different 
        agencies releasing the same data make different 
        decisions, and the two pieces can be put together.\113\
---------------------------------------------------------------------------
    \113\Sweeney Testimony, supra note 90.

    The Commission's report discussed several new techniques 
for enhancing privacy protections. For example, differential 
privacy means the risk of re-identification is mathematically 
computed, and a quantifiable measure of the excess privacy risk 
of an individual subject is produced.\114\ OnTheMap, an online 
mapping and reporting tool that shows areas where people work 
and where workers live, uses differential privacy. OnTheMap 
uses an algorithm, known as synthetic data generation, to 
anonymize data, which allows the application to provide 
significant detail for what would otherwise be confidential 
data.\115\
---------------------------------------------------------------------------
    \114\CEP Report, supra note 4 at 57.
    \115\Id. at 58.
---------------------------------------------------------------------------
    Under the Commission's recommended approach, agencies could 
improve privacy protections while also improving access to 
data. Dr. Sweeney testified, ``protecting the privacy of the 
American people means being transparent and open about decision 
making and processes, and clear about how confidential 
information is being used, and giving opportunities for 
feedback and improvement.''\116\ Improved use of state of the 
art techniques, in conjunction with a transparent and 
consistent process, will lead to both more security and more 
access.
---------------------------------------------------------------------------
    \116\Sweeney Testimony, supra note 92.
---------------------------------------------------------------------------
    H.R. 4174 establishes a framework under which the 
statistical agencies will establish and implement a consistent, 
secure, and comprehensive approach to protecting confidential 
information in data obtained from program agencies for use to 
develop evidence. The PSAs will be required to analyze data 
obtained under CIPSEA, including the presumption discussed 
below, to determine the level of sensitivity of the data asset 
and to apply a consistent level of access to such data asset. 
The result of the sensitivity analysis is greater uniformity 
across agencies for determining appropriate access to nonpublic 
data assets.
    The PSAs will also be tasked with developing standards and 
methodology to de-identify, meaning to obscure identifying 
information in a data asset so that the identity of the subject 
cannot be reasonably inferred by either direct or indirect 
means. The purpose of the effort is to increase access to data, 
but not necessarily to make such data publicly accessible. 
Prior to releasing any data obtained under CIPSEA, statistical 
agencies will be required to conduct a comprehensive analysis 
of the risk of publicly releasing such data.

Presumption of access

    Agency interpretations of restrictions on data sharing 
often govern access and use of the data, but agencies may 
interpret the same law differently, causing confusion. Sharing 
data between Federal agencies can be difficult, costly, and 
cumbersome. The Commission found that as a result of years of 
statutory buildup of regulations related to statistical and 
administrative data collected by the government, there is no 
consensus on how, when, and with whom collected data can be 
shared.\117\ This stems in part from the decentralized nature 
of the Federal statistical programs, which are spread among 
multiple different agencies.\118\ According to Dr. Abraham:
---------------------------------------------------------------------------
    \117\CEP Report, supra note 4 at 26.
    \118\Id.

          In its review of applicable laws, the Commission 
        found considerable variation in provisions governing 
        data confidentiality and permissible uses of data. The 
        laws that authorize statistical agencies, for example, 
        include varying restrictions on who can access data 
        that has been collected and for what purposes. Many 
        program agencies' authorizing statutes do not address 
        data confidentiality and the use of data for evidence 
        building at all. Other program agencies' laws establish 
        narrow standards for the acceptable use of 
        administrative data. For example, Title 26 of the U.S. 
        Code generally limits the use of tax data to projects 
        that would improve tax administration, precluding the 
        use of these data under controlled circumstances and 
        conditions for other evidence building purposes.\119\
---------------------------------------------------------------------------
    \119\Abraham Testimony, supra note 16.

    H.R. 4174 creates a presumption that Federal data should be 
made available to statistical agencies for evidence-building 
purposes. To create greater clarity regarding which laws 
restrict access, the bill requires OMB to develop a list of 
laws that prevent statistical agencies from accessing data and 
for all future restrictions to specifically cite to the code 
section when intending to create an exemption from the 
presumption in this bill.
    Similarly, H.R. 4174 does not alter agencies' existing 
statutory access to statistical data or information otherwise 
protected by provisions of the bill, or memoranda of 
understanding thereon, including, for example under the Federal 
Cybersecurity Enhancement Act of 2015.\120\ Nor does the bill 
alter Congress's authorities derived from its constitutional 
power of inquiry, such as access to information and records by 
the House of Representatives or the Senate, or a committee 
thereof.
---------------------------------------------------------------------------
    \120\Pub. L. 114-113, Title II, Subtitle B, 129 Stat. 2963, et seq.
---------------------------------------------------------------------------

Application process

    The Commission described access to government data as 
governed by ``cumbersome and onerous processes, often the 
result of idiosyncratic processes that vary across 
government.''\121\ Currently, there is no established, 
consistent process by which researchers and other appropriate 
individuals can seek access to data that would be valuable for 
evidence-building, but otherwise not available under the 
Freedom of Information Act (FOIA). Dr. Abraham testified:
---------------------------------------------------------------------------
    \121\CEP Report, supra note 4 at 35.

          During its fact-finding phase, the Commission heard 
        about several examples of exciting research done using 
        confidential data that has generated valuable 
        information for designing and carrying out programs and 
        policies . . . . Too often, however, we found legal and 
        bureaucratic barriers to accessing data have prevented 
        researchers from studying important policy questions. 
        Surmounting these barriers is especially difficult when 
        the researcher seeks to access data from multiple 
        jurisdictions or agencies.\122\
---------------------------------------------------------------------------
    \122\Abraham Testimony, supra note 16.

    Agency application processes for researchers seeking to 
access various agency data sources are inconsistent and 
specific only to the data held at that agency. Some agencies 
lack any formal program for outside researcher access. These 
burdens may increase the costs associated with conducting 
federally funded research. Beyond the issue of inconsistent 
access procedures, the Commission's review found that agencies 
often lack the capacity to provide access to data resources.
    H.R. 4174 addresses access concerns by establishing a 
common application process for researchers and other entities 
for purposes of developing evidence to apply to access data 
through statistical agencies. While the application process 
will not guarantee access, the process will create efficiency 
and clarity for the evidence-building community to maximize the 
value obtained from resources devoted to evidence building. 
Restricting the process to statistical agencies will ensure the 
greatest level of privacy protection, with protections 
established in CIPSEA and in other parts of this bill. 
Statistical agencies also have a greater incentive than other 
agencies to engage in the access and use of data for purposes 
of developing evidence because those activities are part of the 
statistical agencies' missions.

                          LEGISLATIVE HISTORY

    On October 31, 2017, Representative Paul Ryan (R-WI), the 
Speaker of the House, introduced H.R. 4174, the Foundations for 
Evidence-Based Policymaking Act of 2017, with Representative 
Trey Gowdy (R-SC), the Chairman of the Committee, and 
Representatives Blake Farenthold (R-TX) and Derek Kilmer (D-
WA). H.R. 4174 was referred to the Committee on Oversight and 
Government Reform. The Committee considered H.R. 4174 at a 
business meeting on November 2, 2017, and ordered the bill 
favorably reported by voice vote.
    Senator Patty Murray (D-WA) introduced S. 2046, the Senate 
companion to H.R. 4174, on October 31, 2017, which was referred 
to the Committee on Homeland Security and Governmental Affairs.
    Representative Derek Kilmer (D-WA) introduced a related 
bill, H.R. 1770, the Open, Public, Electronic, and Necessary 
Government Data Act, on March 29, 2017, with Representative 
Blake Farenthold (R-TX). H.R. 1770 was also referred to the 
Committee on Oversight and Government Reform.
    Senator Brian Schatz (D-HI) introduced S. 760, the Senate 
companion to H.R. 1770, on March 29, 2017, with Senators Ben 
Sasse (R-NE), Gary Peters (D-MI), Cory Gardner (R-CO), and 
Chris Coons (D-DE). S. 760 was referred to the Committee on 
Homeland Security and Governmental Affairs. The Senate 
Committee on Homeland Security and Governmental Affairs 
considered S. 760 at a business meeting on May 17, 2017, and 
order the bill reported favorably, as amended, by voice vote.

                           Section-by-Section


Section 1. Short title; table of contents

    Section 1 provides the short title of the bill and the 
table of contents.

             TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES

Sec. 101. Federal evidence-building activities

    Section 101 adds subchapter II to chapter 3 of title 5, 
United States Code, which establishes requirements for expanded 
capacity and prioritization of evidence-building and 
evaluation.
    The new section 311 of new subchapter II defines terms used 
in the subchapter.
    The new section 312 establishes a requirement for Chief 
Financial Officers Act agencies to develop annual evidence-
building plans, which will include policy questions for which 
the agency needs to develop evidence, data the agency intends 
to acquire or use for evidence-building, and other information 
necessary to help the agency better plan for evidence-building 
activities.
    The new section 313 requires the OMB to coordinate 
government-wide evidence-building efforts by consolidating the 
evidence-building plans and facilitating interagency 
coordination of evidence-building activities. This section 
codifies the current Interagency Council on Evaluation Policy.
    The new section 314 requires each Chief Financial Officers 
Act agency to designate an employee of the agency as the Chief 
Evaluation Officer, who shall coordinate evidence-building 
activities across the agency.
    The new section 315 requires agencies to designate 
statistical officials to advise on statistical policy, 
techniques, and procedures.
    The new section 316 establishes the Advisory Committee on 
Data for Evidence Building to further evaluate the Commission 
on Evidence-Based Policymaking's recommendation to establish a 
National Secure Data Service and to assist OMB with developing 
guidance as required under the bill.
    Section 101 of the bill also adds a requirement to the 
agency strategic plan to include an assessment of coverage, 
quality, methods, effectiveness and independence of statistics, 
evaluation, and research and analysis efforts of the agency. In 
addition, it requires GAO conduct a government-wide review of 
agency strategic plans.

                   TITLE II--OPEN GOVERNMENT DATA ACT

Sec. 201. Short title

    Section 201 provides the short title of title II of the 
bill.

Sec. 202. OPEN government data

    Section 202 adds definitions to section 3502 of title 44, 
United States Code. The section expands agency responsibilities 
for managing information by requiring agencies to establish an 
open data plan, requiring agencies to make data available under 
an open format and an open license and as machine-readable 
data, and by encouraging agencies to collaborate with the 
public on the use of Federal data.
    OMB must issue guidance to agencies regarding their 
implementation of the requirements to make data available under 
an open format and open license, which takes into consideration 
security, privacy, intellectual property, and the expectation 
to disclose data available under the Freedom of Information Act 
(FOIA).
    Section 202 amends section 3511 of title 44, United States 
Code, to require agencies to develop a comprehensive inventory 
of agency data assets and to publish data assets on the Federal 
data catalogue in accordance with guidance issued by OMB, which 
considers security, privacy, intellectual property, and the 
expectation to disclose data available under FOIA. It also 
amends section 3520 of title 44, United States Code, to 
establish Chief Data Officers to coordinate the management of 
data at each agency, to manage information collection request 
processes, and to develop the inventory in section 3511.
    Section 202 creates a new section 3520A of title 44, United 
States Code, to establish a Chief Data Officer Council for 
Chief Data Officers to share best practices, promote data 
sharing, and identify ways to improve access to data.
    GAO shall report on the value of the improved data access 
under the bill and the completeness of the data inventories, 
and OMB must report on performance and compliance with 
amendments made by the bill.

    TITLE III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
                               EFFICIENCY

Sec. 301. Short title

    Section 301 provides the short title of title III of the 
bill.

Sec. 302. Confidential information protection and statistical 
        efficiency

    Section 302 codifies the Confidential Information 
Protection and Statistical Efficiency Act of 2002 (CIPSEA) in a 
new subchapter III, of chapter 35 of title 44, United States 
Code with certain changes. Those include:
    (1) Definitions for director and evidence are added to 
section 3561.
    (2) The definition of statistical agencies is clarified by 
requiring OMB to establish a process by which an agency is 
designated as a CIPSEA statistical agency.
    (3) Section 3563 is added to codify Statistical Policy 
Directive #1, which establishes responsibilities for 
statistical agencies and requires other agencies to support 
statistical agencies in fulfilling their responsibilities.
    (4) Section 3572(b) is amended to codify the requirement 
that information obtained under a pledge of confidentiality and 
for statistical purposes will be protected in accordance with 
the pledge. Nothing in this provision is intended to alter an 
existing statutory authorization for access to information, or 
memoranda of understanding based on such a statutory 
authorization, or impede Congress's constitutional right of 
access to information and records of Federal agencies.

Sec. 303. Increasing access to data for evidence

    Section 303 adds part D to chapter 35 subchapter III of 
title 44, United States Code, which establishes new procedures 
for data access and privacy protection. The bill clarifies the 
requirement that agencies must share data with statistical 
agencies for the purposes of developing evidence unless the 
underlying statute prohibits data sharing in a manner that 
leaves no discretion. Statistical agencies are charged with 
expanding access to data in a manner that protects the data 
from inappropriate access and use. The bill requires OMB to 
establish regulations for statistical agencies to assess data 
and categorize access to data based on the sensitivity of the 
data, to conduct an analysis of risks prior to releasing any 
data publicly, and to develop methods to reduce the sensitivity 
of data to improve access to such data. The bill also 
establishes an application process for researchers, state and 
local governments, and other entities to access data for the 
purpose of developing evidence.

                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Rule of construction

    The rule of construction clarifies that the bill does not 
require the disclosure of any material that is exempt from 
disclosure under FOIA and does not create any new exemptions to 
FOIA.

Sec. 402. Effective date

    The effective date is 180 days after enactment.

                       Explanation of Amendments

    There were no amendments to H.R. 4174 offered or adopted 
during Committee consideration of the bill.

                        Committee Consideration

    On November 2, 2017, the Committee met in open session and, 
with a quorum being present, ordered the bill favorably 
reported by voice vote, without amendment.

                            Roll Call Votes

    There were no roll call votes requested or conducted during 
Committee consideration of H.R. 4174.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill amends titles 5 and 44, United States Code, to 
require Federal evaluation activities, improve Federal data 
management, and for other purposes. As such, this bill does not 
relate to employment or access to public services and 
accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goal or objective of this bill is to amend titles 5 and 44, 
United States Code, to require Federal evaluation activities, 
improve Federal data management, and for other purposes.

                    Duplication of Federal Programs

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    This bill directs the completion of the following specific 
rule makings within the meaning of section 551 of title 5, 
United States Code:
     In section 302(a), section 3563(c) of title 44, 
United States Code, requires the Director of the Office of 
Management and Budget (OMB) to promulgate regulations to carry 
out subsections (a) and (b) of the section.
     In section 303(a), section 3581(c) of title 44, 
United States Code, requires the Director of OMB to promulgate 
regulations to carry out subsections (a) and (b) of the 
section.
     In section 303(a), section 3582(b) of title 44, 
United States Code, requires the Director of OMB to promulgate 
regulations to carry out subsections (a).

                     Federal Advisory Committee Act

    The Committee finds that the legislation establishes an 
advisory committee within the definition of Section 5(b) of the 
appendix to title 5, United States Code. No equivalent advisory 
committee currently exists. The creation of an advisory 
committee to carry out the intended policy is necessary because 
the establishment of a service to facilitate data sharing for 
statistical activities conducted for statistical purposes 
affects both government and non-government entities.

                      Unfunded Mandates Statement

    H.R. 4174 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           Committee Estimate

    Based on a review of similar legislation and provisions of 
legislation in this and previous Congresses, the Committee 
estimates the cost of implementing H.R. 4174 would not be 
substantial. The Congressional Budget Office did not provide a 
cost estimate for the bill.

   New Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget & Impound Control Act of 1974, 
the Committee has not received a cost estimate for this bill 
from the Director of Congressional Budget Office. The bill 
provides no new budget authority or increase or decrease in 
revenues or tax expenditures within the meaning of clause 
3(c)(2) of rule XIII of the Rules of the House of 
Representatives or section 308(a) of the Congressional Budget & 
Impound Control Act of 1974.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE




           *       *       *       *       *       *       *
PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


                           CHAPTER 3--POWERS


Sec.

                    SUBCHAPTER I--GENERAL PROVISIONS

301. Departmental regulations.
302. Delegation of authority.
303. Oaths to witnesses.
304. Subpenas.
305. Systematic agency review of operations.
306. Agency strategic plans.

           SUBCHAPTER II--FEDERAL EVIDENCE-BUILDING ACTIVITIES

Sec.
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.

SUBCHAPTER I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 306. Agency strategic plans

  (a) Not later than the first Monday in February of any year 
following the year in which the term of the President commences 
under section 101 of title 3, the head of each agency shall 
make available on the public website of the agency a strategic 
plan and notify the President and Congress of its availability. 
Such plan shall contain--
          (1) a comprehensive mission statement covering the 
        major functions and operations of the agency;
          (2) general goals and objectives, including outcome-
        oriented goals, for the major functions and operations 
        of the agency;
          (3) a description of how any goals and objectives 
        contribute to the Federal Government priority goals 
        required by section 1120(a) of title 31;
          (4) a description of how the goals and objectives are 
        to be achieved, including--
                  (A) a description of the operational 
                processes, skills and technology, and the 
                human, capital, information, and other 
                resources required to achieve those goals and 
                objectives; and
                  (B) a description of how the agency is 
                working with other agencies to achieve its 
                goals and objectives as well as relevant 
                Federal Government priority goals;
          (5) a description of how the goals and objectives 
        incorporate views and suggestions obtained through 
        congressional consultations required under subsection 
        (d);
          (6) a description of how the performance goals 
        provided in the plan required by section 1115(a) of 
        title 31, including the agency priority goals required 
        by section 1120(b) of title 31, if applicable, 
        contribute to the general goals and objectives in the 
        strategic plan;
          (7) an identification of those key factors external 
        to the agency and beyond its control that could 
        significantly affect the achievement of the general 
        goals and objectives[; and];
          (8) a description of the program evaluations used in 
        establishing or revising general goals and objectives, 
        with a schedule for future program evaluations to be 
        conducted[.], and citations to relevant provisions of 
        the plan required under section 312; and
          (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.
  (b) The strategic plan shall cover a period of not less than 
4 years following the fiscal year in which the plan is 
submitted. As needed, the head of the agency may make 
adjustments to the strategic plan to reflect significant 
changes in the environment in which the agency is operating, 
with appropriate notification of Congress.
  (c) The performance plan required by section 1115(b) of title 
31 shall be consistent with the agency's strategic plan. A 
performance plan may not be submitted for a fiscal year not 
covered by a current strategic plan under this section.
  (d) When developing or making adjustments to a strategic 
plan, the agency shall consult periodically with the Congress, 
including majority and minority views from the appropriate 
authorizing, appropriations, and oversight committees, and 
shall solicit and consider the views and suggestions of those 
entities potentially affected by or interested in such a plan. 
The agency shall consult with the appropriate committees of 
Congress at least once every 2 years.
  (e) The functions and activities of this section shall be 
considered to be inherently governmental functions. The 
drafting of strategic plans under this section shall be 
performed only by Federal employees.
  (f) Not later than two 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.
  [(f)] (g) For purposes of this section the term ``agency'' 
means an Executive agency defined under section 105, but does 
not include the Central Intelligence Agency, the Government 
Accountability Office, the United States Postal Service, and 
the Postal Regulatory Commission.

          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'' means 
        evaluation, policy research and analysis, and 
        information produced as a result of statistical 
        activities conducted for a statistical purpose.
          (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.

Sec. 313. Governmentwide evidence-building coordination

  (a) Unified Evidence-Building Coordination.--
          (1) 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 unnecessary 
        duplicative data acquisition plans and facilitate 
        interagency evidence gathering and sharing. The head of 
        the 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.
          (2) Consultation.--In developing the unified 
        evidence-building plan required under paragraph (1), 
        the Director shall consult with the following:
                  (A) The public.
                  (B) The Interagency Council on Evaluation 
                Policy established under subsection (b).
                  (C) The Interagency Council on Statistical 
                Policy established under section 3504(e)(8) of 
                title 44.
                  (D) Any other relevant interagency council.
                  (E) The head of each agency.
  (b) Interagency Council on Evaluation Policy.--
          (1) Establishment.--There is established an 
        Interagency Council on Evaluation Policy (in this 
        section referred to as the ``Council'') to advise and 
        assist the Director in supporting Governmentwide 
        evaluation activities and policies.
          (2) Purpose and function.--The Council shall act as 
        the principal interagency forum for coordinating cross-
        agency evaluation activities and improving agency 
        practices related to program evaluation. The Council 
        shall--
                  (A) advise and assist the Director in 
                supporting Governmentwide evaluation activities 
                and policies;
                  (B) foster capacity for program evaluation 
                across agencies by collaborating on a set of 
                Governmentwide human capital strategies that 
                develop and maintain agencies' capacity for 
                program evaluation;
                  (C) advise on the development of department-
                wide evaluation policies and the systematic 
                plans for identifying and addressing priority 
                policy questions described in agency evidence-
                building plans under section 312; and
                  (D) serve as a forum in which members may 
                engage in collective learning and sharing of 
                information to strengthen and promote high-
                quality program evaluation practices across the 
                Government.
          (3) Membership.--The members of the Council shall be 
        the Chief Evaluation Officers appointed or designated 
        under section 314. The Director shall designate a Chair 
        of the Council. Additional members may be designated by 
        the Chair.
          (4) Meetings.--The Council shall meet not less than 
        twice per fiscal year and may meet at the call of the 
        Chair or a majority of the members of the Council.
          (5) Support.--The head of each agency with a Chief 
        Evaluation Officer serving on the Council shall, as 
        appropriate and to the extent permitted by law, provide 
        support in operating the Council, upon the request of 
        the Chair.
          (6) Annual report.--The Chair of the Council shall 
        submit an annual report on the Council's work under 
        paragraph (2) to the Committee on Oversight and 
        Government Reform of the House of Representatives and 
        the Committee on Homeland Security and Government 
        Affairs of the Senate. The Director shall make such 
        report publicly available online.
          (7) Report and termination.--
                  (A) Evaluation of council.--Not later than 
                four years after the date of the enactment of 
                this subsection, the Comptroller General of the 
                United States shall submit a report to Congress 
                on whether the Council improved the use of 
                evidence and program evaluation in the Federal 
                Government.
                  (B) Termination of council.--The Council 
                shall terminate and this subsection shall be 
                repealed upon the expiration of the two-year 
                period that begins on the date the Comptroller 
                General of the United States submits the 
                evaluation under subparagraph (A) to Congress.

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, 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 
head 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;
                  (F) at least one shall be from the research 
                and evaluation community; and
                  (G) if practicable, at least one shall be a 
                former member of the Commission on Evidence-
                Based Policymaking.
  (c) Term of Service.--
          (1) In general.--Each member of the Advisory 
        Committee (other than the Chair) shall serve for a term 
        of two 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.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 44, UNITED STATES CODE



           *       *       *       *       *       *       *
PART A--GENERAL

           *       *       *       *       *       *       *


         CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY

                SUBCHAPTER I--FEDERAL INFORMATION POLICY

Sec.
3501. Purposes.
     * * * * * * *
[3511. Establishment and operation of Government Information Locator 
          Service.]
3511. Data inventory and Federal data catalogue.
     * * * * * * *
[3520. Establishment of task force on information collection and 
          dissemination.]
3520. Chief Data Officers.
3520A. Chief Data Officer Council.
3521. Authorization of appropriations.
     * * * * * * *

  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.

                   Part D--Access to Data for Evidence

3581. Presumption of accessibility for statistical agencies and units.
3582. Expanding secure access to nonpublic data assets.
3583. Application to access data assets for developing evidence.

SUBCHAPTER I--FEDERAL INFORMATION POLICY

           *       *       *       *       *       *       *


Sec. 3502. Definitions

  As used in this subchapter--
          (1) the term ``agency'' means any executive 
        department, military department, Government 
        corporation, Government controlled corporation, or 
        other establishment in the executive branch of the 
        Government (including the Executive Office of the 
        President), or any independent regulatory agency, but 
        does not include--
                  (A) the Government Accountability Office;
                  (B) Federal Election Commission;
                  (C) the governments of the District of 
                Columbia and of the territories and possessions 
                of the United States, and their various 
                subdivisions; or
                  (D) Government-owned contractor-operated 
                facilities, including laboratories engaged in 
                national defense research and production 
                activities;
          (2) the term ``burden'' means time, effort, or 
        financial resources expended by persons to generate, 
        maintain, or provide information to or for a Federal 
        agency, including the resources expended for--
                  (A) reviewing instructions;
                  (B) acquiring, installing, and utilizing 
                technology and systems;
                  (C) adjusting the existing ways to comply 
                with any previously applicable instructions and 
                requirements;
                  (D) searching data sources;
                  (E) completing and reviewing the collection 
                of information; and
                  (F) transmitting, or otherwise disclosing the 
                information;
          (3) the term ``collection of information''--
                  (A) means the obtaining, causing to be 
                obtained, soliciting, or requiring the 
                disclosure to third parties or the public, of 
                facts or opinions by or for an agency, 
                regardless of form or format, calling for 
                either--
                          (i) answers to identical questions 
                        posed to, or identical reporting or 
                        recordkeeping requirements imposed on, 
                        ten or more persons, other than 
                        agencies, instrumentalities, or 
                        employees of the United States; or
                          (ii) answers to questions posed to 
                        agencies, instrumentalities, or 
                        employees of the United States which 
                        are to be used for general statistical 
                        purposes; and
                  (B) shall not include a collection of 
                information described under section 3518(c)(1);
          (4) the term ``Director'' means the Director of the 
        Office of Management and Budget;
          (5) the term ``independent regulatory agency'' means 
        the Board of Governors of the Federal Reserve System, 
        the Commodity Futures Trading Commission, the Consumer 
        Product Safety Commission, the Federal Communications 
        Commission, the Federal Deposit Insurance Corporation, 
        the Federal Energy Regulatory Commission, the Federal 
        Housing Finance Agency, the Federal Maritime 
        Commission, the Federal Trade Commission, the 
        Interstate Commerce Commission, the Mine Enforcement 
        Safety and Health Review Commission, the National Labor 
        Relations Board, the Nuclear Regulatory Commission, the 
        Occupational Safety and Health Review Commission, the 
        Postal Regulatory Commission, the Securities and 
        Exchange Commission, the Bureau of Consumer Financial 
        Protection, the Office of Financial Research, Office of 
        the Comptroller of the Currency, and any other similar 
        agency designated by statute as a Federal independent 
        regulatory agency or commission;
          (6) the term ``information resources'' means 
        information and related resources, such as personnel, 
        equipment, funds, and information technology;
          (7) the term ``information resources management'' 
        means the process of managing information resources to 
        accomplish agency missions and to improve agency 
        performance, including through the reduction of 
        information collection burdens on the public;
          (8) the term ``information system'' means a discrete 
        set of information resources organized for the 
        collection, processing, maintenance, use, sharing, 
        dissemination, or disposition of information;
          (9) the term ``information technology'' has the 
        meaning given that term in section 11101 of title 40 
        but does not include national security systems as 
        defined in section 11103 of title 40;
          (10) the term ``person'' means an individual, 
        partnership, association, corporation, business trust, 
        or legal representative, an organized group of 
        individuals, a State, territorial, tribal, or local 
        government or branch thereof, or a political 
        subdivision of a State, territory, tribal, or local 
        government or a branch of a political subdivision;
          (11) the term ``practical utility'' means the ability 
        of an agency to use information, particularly the 
        capability to process such information in a timely and 
        useful fashion;
          (12) the term ``public information'' means any 
        information, regardless of form or format, that an 
        agency discloses, disseminates, or makes available to 
        the public;
          (13) the term ``recordkeeping requirement'' means a 
        requirement imposed by or for an agency on persons to 
        maintain specified records, including a requirement 
        to--
                  (A) retain such records;
                  (B) notify third parties, the Federal 
                Government, or the public of the existence of 
                such records;
                  (C) disclose such records to third parties, 
                the Federal Government, or the public; or
                  (D) report to third parties, the Federal 
                Government, or the public regarding such 
                records[; and];
          (14) the term ``penalty'' includes the imposition by 
        an agency or court of a fine or other punishment; a 
        judgment for monetary damages or equitable relief; or 
        the revocation, suspension, reduction, or denial of a 
        license, privilege, right, grant, or benefit[.];
          (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.

           *       *       *       *       *       *       *


Sec. 3504. Authority and functions of Director

  (a)(1) The Director shall oversee the use of information 
resources to improve the efficiency and effectiveness of 
governmental operations to serve agency missions, including 
burden reduction and service delivery to the public. In 
performing such oversight, the Director shall--
          (A) develop, coordinate and oversee the 
        implementation of Federal information resources 
        management policies, principles, standards, and 
        guidelines; and
          (B) provide direction and oversee--
                  (i) the review and approval of the collection 
                of information and the reduction of the 
                information collection burden;
                  (ii) agency dissemination of and public 
                access to information;
                  (iii) statistical activities;
                  (iv) records management activities;
                  (v) privacy, confidentiality, security, 
                disclosure, and sharing of information; and
                  (vi) the acquisition and use of information 
                technology, including alternative information 
                technologies that provide for electronic 
                submission, maintenance, or disclosure of 
                information as a substitute for paper and for 
                the use and acceptance of electronic 
                signatures.
  (2) The authority of the Director under this subchapter shall 
be exercised consistent with applicable law.
  (b) With respect to general information resources management 
policy, the Director shall--
          (1) develop and oversee the implementation of uniform 
        information resources management policies, principles, 
        standards, and guidelines;
          (2) foster greater sharing, dissemination, and access 
        to public information, including through--
                  (A) [the use of the Government Information 
                Locator Service] the use of the comprehensive 
                data inventory and Federal data catalogue 
                described under section 3511; and
                  (B) the development and utilization of common 
                standards for information collection, storage, 
                processing and communication, including 
                standards for security, interconnectivity and 
                interoperability;
          (3) initiate and review proposals for changes in 
        legislation, regulations, and agency procedures to 
        improve information resources management practices;
          (4) oversee the development and implementation of 
        best practices in information resources management, 
        including training[; and];
          (5) oversee agency integration of program and 
        management functions with information resources 
        management functions[.]; and
          (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 a data asset--
                          (i) is protected by intellectual 
                        property rights;
                          (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;
                  (E) 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
                  (F) any other considerations that the 
                Director determines to be relevant.
  (c) With respect to the collection of information and the 
control of paperwork, the Director shall--
          (1) review and approve proposed agency collections of 
        information;
          (2) coordinate the review of the collection of 
        information associated with Federal procurement and 
        acquisition by the Office of Information and Regulatory 
        Affairs with the Office of Federal Procurement Policy, 
        with particular emphasis on applying information 
        technology to improve the efficiency and effectiveness 
        of Federal procurement, acquisition and payment, and to 
        reduce information collection burdens on the public;
          (3) minimize the Federal information collection 
        burden, with particular emphasis on those individuals 
        and entities most adversely affected;
          (4) maximize the practical utility of and public 
        benefit from information collected by or for the 
        Federal Government;
          (5) establish and oversee standards and guidelines by 
        which agencies are to estimate the burden to comply 
        with a proposed collection of information;?
          (6) publish in the Federal Register and make 
        available on the Internet (in consultation with the 
        Small Business Administration) on an annual basis a 
        list of the compliance assistance resources available 
        to small businesses, with the first such publication 
        occurring not later than 1 year after the date of 
        enactment of the Small Business Paperwork Relief Act of 
        2002.
  (d) With respect to information dissemination, the Director 
shall develop and oversee the implementation of policies, 
principles, standards, and guidelines to--
          (1) apply to Federal agency dissemination of public 
        information, regardless of the form or format in which 
        such information is disseminated; and
          (2) promote public access to public information and 
        fulfill the purposes of this subchapter, including 
        through the effective use of information technology.
  (e) With respect to statistical policy and coordination, the 
Director shall--
          (1) coordinate the activities of the Federal 
        statistical system to ensure--
                  (A) the efficiency and effectiveness of the 
                system; and
                  (B) the integrity, objectivity, impartiality, 
                utility, and confidentiality of information 
                collected for statistical purposes;
          (2) ensure that budget proposals of agencies are 
        consistent with system-wide priorities for maintaining 
        and improving the quality of Federal statistics and 
        prepare an annual report on statistical program 
        funding;
          (3) develop and oversee the implementation of 
        Governmentwide policies, principles, standards, and 
        guidelines concerning--
                  (A) statistical collection procedures and 
                methods;
                  (B) statistical data classification;
                  (C) statistical information presentation and 
                dissemination;
                  (D) timely release of statistical data; and
                  (E) such statistical data sources as may be 
                required for the administration of Federal 
                programs;
          (4) evaluate statistical program performance and 
        agency compliance with Governmentwide policies, 
        principles, standards and guidelines;
          (5) promote the sharing of information collected for 
        statistical purposes consistent with privacy rights and 
        confidentiality pledges;
          (6) coordinate the participation of the United States 
        in international statistical activities, including the 
        development of comparable statistics;
          (7) appoint a chief statistician who is a trained and 
        experienced professional statistician to carry out the 
        functions described under this subsection;
          (8) establish an Interagency Council on Statistical 
        Policy to advise and assist the Director in carrying 
        out the functions under this subsection that shall--
                  (A) be headed by the chief statistician; and
                  (B) consist of--
                          (i) the heads of the major 
                        statistical programs; and
                          (ii) representatives of other 
                        statistical agencies under rotating 
                        membership; and
          (9) provide opportunities for training in statistical 
        policy functions to employees of the Federal Government 
        under which--
                  (A) each trainee shall be selected at the 
                discretion of the Director based on agency 
                requests and shall serve under the chief 
                statistician for at least 6 months and not more 
                than 1 year; and
                  (B) all costs of the training shall be paid 
                by the agency requesting training.
  (f) With respect to records management, the Director shall--
          (1) provide advice and assistance to the Archivist of 
        the United States and the Administrator of General 
        Services to promote coordination in the administration 
        of chapters 29, 31, and 33 of this title with the 
        information resources management policies, principles, 
        standards, and guidelines established under this 
        subchapter;
          (2) review compliance by agencies with--
                  (A) the requirements of chapters 29, 31, and 
                33 of this title; and
                  (B) regulations promulgated by the Archivist 
                of the United States and the Administrator of 
                General Services; and
          (3) oversee the application of records management 
        policies, principles, standards, and guidelines, 
        including requirements for archiving information 
        maintained in electronic format, in the planning and 
        design of information systems.
  (g) With respect to privacy and security, the Director 
shall--
          (1) develop and oversee the implementation of 
        policies, principles, standards, and guidelines on 
        privacy, confidentiality, security, disclosure and 
        sharing of information collected or maintained by or 
        for agencies; and
          (2) oversee and coordinate compliance with sections 
        552 and 552a of title 5, sections 20 and 21 of the 
        National Institute of Standards and Technology Act (15 
        U.S.C. 278g-3 and 278g-4), section 11331 of title 40 
        and subchapter II of this chapter, and related 
        information management laws.
  (h) With respect to Federal information technology, the 
Director shall--
          (1) in consultation with the Director of the National 
        Institute of Standards and Technology and the 
        Administrator of General Services--
                  (A) develop and oversee the implementation of 
                policies, principles, standards, and guidelines 
                for information technology functions and 
                activities of the Federal Government, including 
                periodic evaluations of major information 
                systems; and
                  (B) oversee the development and 
                implementation of standards under section 11331 
                of title 40;
          (2) monitor the effectiveness of, and compliance 
        with, directives issued under subtitle III of title 40 
        and directives issued under section 322 of title 40;
          (3) coordinate the development and review by the 
        Office of Information and Regulatory Affairs of policy 
        associated with Federal procurement and acquisition of 
        information technology with the Office of Federal 
        Procurement Policy;
          (4) ensure, through the review of agency budget 
        proposals, information resources management plans and 
        other means--
                  (A) agency integration of information 
                resources management plans, program plans and 
                budgets for acquisition and use of information 
                technology; and
                  (B) the efficiency and effectiveness of 
                inter-agency information technology initiatives 
                to improve agency performance and the 
                accomplishment of agency missions; and
          (5) promote the use of information technology by the 
        Federal Government to improve the productivity, 
        efficiency, and effectiveness of Federal programs, 
        including through dissemination of public information 
        and the reduction of information collection burdens on 
        the public.

           *       *       *       *       *       *       *


Sec. 3506. Federal agency responsibilities

  (a)(1) The head of each agency shall be responsible for--
          (A) carrying out the agency's information resources 
        management activities to improve agency productivity, 
        efficiency, and effectiveness; and
          (B) complying with the requirements of this 
        subchapter and related policies established by the 
        Director.
  (2)(A) Except as provided under subparagraph (B), the head of 
each agency shall designate a Chief Information Officer who 
shall report directly to such agency head to carry out the 
responsibilities of the agency under this subchapter.
  (B) The Secretary of the Department of Defense and the 
Secretary of each military department may each designate Chief 
Information Officers who shall report directly to such 
Secretary to carry out the responsibilities of the department 
under this subchapter. If more than one Chief Information 
Officer is designated, the respective duties of the Chief 
Information Officers shall be clearly delineated.
  (3) The Chief Information Officer designated under paragraph 
(2) shall head an office responsible for ensuring agency 
compliance with and prompt, efficient, and effective 
implementation of the information policies and information 
resources management responsibilities established under this 
subchapter, including the reduction of information collection 
burdens on the public. The Chief Information Officer and 
employees of such office shall be selected with special 
attention to the professional qualifications required to 
administer the functions described under this subchapter.
  (4) Each agency program official shall be responsible and 
accountable for information resources assigned to and 
supporting the programs under such official. In consultation 
with the Chief Information Officer designated under paragraph 
(2) and the agency Chief Financial Officer (or comparable 
official), each agency program official shall define program 
information needs and develop strategies, systems, and 
capabilities to meet those needs.
  (b) With respect to general information resources management, 
each agency shall--
          (1) manage information resources to--
                  (A) reduce information collection burdens on 
                the public;
                  (B) increase program efficiency and 
                effectiveness; and
                  (C) improve the integrity, quality, and 
                utility of information to all users within and 
                outside the agency, including capabilities for 
                ensuring dissemination of public information, 
                public access to government information, and 
                protections for privacy and security;
          [(2) in accordance with guidance by the Director, 
        develop and maintain a strategic information resources 
        management plan that shall describe how information 
        resources management activities help accomplish agency 
        missions;]
          (2) in accordance with guidance by the Director, 
        develop and maintain a strategic information resources 
        management plan that--
                  (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 five days after each such update;
          (3) develop and maintain an ongoing process to--
                  (A) ensure that information resources 
                management operations and decisions are 
                integrated with organizational planning, 
                budget, financial management, human resources 
                management, and program decisions;
                  (B) in cooperation with the agency Chief 
                Financial Officer (or comparable official), 
                develop a full and accurate accounting of 
                information technology expenditures, related 
                expenses, and results; and
                  (C) establish goals for improving information 
                resources management's contribution to program 
                productivity, efficiency, and effectiveness, 
                methods for measuring progress towards those 
                goals, and clear roles and responsibilities for 
                achieving those goals;
          (4) in consultation with the Director, the 
        Administrator of General Services, and the Archivist of 
        the United States, maintain a current and complete 
        inventory of the agency's information resources, 
        including directories necessary to fulfill the 
        requirements of section 3511 of this subchapter[; and];
          (5) in consultation with the Director and the 
        Director of the Office of Personnel Management, conduct 
        formal training programs to educate agency program and 
        management officials about information resources 
        management[.]; and
          (6) in accordance with guidance by the Director--
                  (A) make each data asset of the agency 
                available in an open format and under an open 
                license;
                  (B) make each public data asset of the agency 
                available as an open Government data asset; and
                  (C) make each open Government data asset 
                created by or for the agency available under an 
                open license.
  (c) With respect to the collection of information and the 
control of paperwork, each agency shall--
          (1) establish a process within the office headed by 
        the Chief Information Officer designated under 
        subsection (a), that is sufficiently independent of 
        program responsibility to evaluate fairly whether 
        proposed collections of information should be approved 
        under this subchapter, to--
                  (A) review each collection of information 
                before submission to the Director for review 
                under this subchapter, including--
                          (i) an evaluation of the need for the 
                        collection of information;
                          (ii) a functional description of the 
                        information to be collected;
                          (iii) a plan for the collection of 
                        the information;
                          (iv) a specific, objectively 
                        supported estimate of burden;
                          (v) a test of the collection of 
                        information through a pilot program, if 
                        appropriate; and
                          (vi) a plan for the efficient and 
                        effective management and use of the 
                        information to be collected, including 
                        necessary resources;
                  (B) ensure that each information collection--
                          (i) is inventoried, displays a 
                        control number and, if appropriate, an 
                        expiration date;
                          (ii) indicates the collection is in 
                        accordance with the clearance 
                        requirements of section 3507; and
                          (iii) informs the person receiving 
                        the collection of information of--
                                  (I) the reasons the 
                                information is being collected;
                                  (II) the way such information 
                                is to be used;
                                  (III) an estimate, to the 
                                extent practicable, of the 
                                burden of the collection;
                                  (IV) whether responses to the 
                                collection of information are 
                                voluntary, required to obtain a 
                                benefit, or mandatory; and
                                  (V) the fact that an agency 
                                may not conduct or sponsor, and 
                                a person is not required to 
                                respond to, a collection of 
                                information unless it displays 
                                a valid control number; and
                  (C) assess the information collection burden 
                of proposed legislation affecting the agency;
          (2)(A) except as provided under subparagraph (B) or 
        section 3507(j), provide 60-day notice in the Federal 
        Register, and otherwise consult with members of the 
        public and affected agencies concerning each proposed 
        collection of information, to solicit comment to--
                  (i) evaluate whether the proposed collection 
                of information is necessary for the proper 
                performance of the functions of the agency, 
                including whether the information shall have 
                practical utility;
                  (ii) evaluate the accuracy of the agency's 
                estimate of the burden of the proposed 
                collection of information;
                  (iii) enhance the quality, utility, and 
                clarity of the information to be collected; and
                  (iv) minimize the burden of the collection of 
                information on those who are to respond, 
                including through the use of automated 
                collection techniques or other forms of 
                information technology; and
          (B) for any proposed collection of information 
        contained in a proposed rule (to be reviewed by the 
        Director under section 3507(d)), provide notice and 
        comment through the notice of proposed rulemaking for 
        the proposed rule and such notice shall have the same 
        purposes specified under subparagraph (A)(i) through 
        (iv);
          (3) certify (and provide a record supporting such 
        certification, including public comments received by 
        the agency) that each collection of information 
        submitted to the Director for review under section 
        3507--
                  (A) is necessary for the proper performance 
                of the functions of the agency, including that 
                the information has practical utility;
                  (B) is not unnecessarily duplicative of 
                information otherwise reasonably accessible to 
                the agency;
                  (C) reduces to the extent practicable and 
                appropriate the burden on persons who shall 
                provide information to or for the agency, 
                including with respect to small entities, as 
                defined under section 601(6) of title 5, the 
                use of such techniques as--
                          (i) establishing differing compliance 
                        or reporting requirements or timetables 
                        that take into account the resources 
                        available to those who are to respond;
                          (ii) the clarification, 
                        consolidation, or simplification of 
                        compliance and reporting requirements; 
                        or
                          (iii) an exemption from coverage of 
                        the collection of information, or any 
                        part thereof;
                  (D) is written using plain, coherent, and 
                unambiguous terminology and is understandable 
                to those who are to respond;
                  (E) is to be implemented in ways consistent 
                and compatible, to the maximum extent 
                practicable, with the existing reporting and 
                recordkeeping practices of those who are to 
                respond;
                  (F) indicates for each recordkeeping 
                requirement the length of time persons are 
                required to maintain the records specified;
                  (G) contains the statement required under 
                paragraph (1)(B)(iii);
                  (H) has been developed by an office that has 
                planned and allocated resources for the 
                efficient and effective management and use of 
                the information to be collected, including the 
                processing of the information in a manner which 
                shall enhance, where appropriate, the utility 
                of the information to agencies and the public;
                  (I) uses effective and efficient statistical 
                survey methodology appropriate to the purpose 
                for which the information is to be collected; 
                and
                  (J) to the maximum extent practicable, uses 
                information technology to reduce burden and 
                improve data quality, agency efficiency and 
                responsiveness to the public; and
          (4) in addition to the requirements of this chapter 
        regarding the reduction of information collection 
        burdens for small business concerns (as defined in 
        section 3 of the Small Business Act (15 U.S.C. 632)), 
        make efforts to further reduce the information 
        collection burden for small business concerns with 
        fewer than 25 employees.
  (d) With respect to information dissemination, each agency 
shall--
          (1) ensure that the public has timely and equitable 
        access to the agency's public information, including 
        ensuring such access through--
                  (A) encouraging a diversity of public and 
                private sources for information based on 
                government public information;
                  (B) in cases in which the agency provides 
                public information maintained in electronic 
                format, providing timely and equitable access 
                to the underlying data (in whole or in part); 
                and
                  (C) agency dissemination of public 
                information in an efficient, effective, and 
                economical manner;
          (2) regularly solicit and consider public input on 
        the agency's information dissemination activities;
          (3) provide adequate notice when initiating, 
        substantially modifying, or terminating significant 
        information dissemination products; [and]
          (4) not, except where specifically authorized by 
        statute--
                  (A) establish an exclusive, restricted, or 
                other distribution arrangement that interferes 
                with timely and equitable availability of 
                public information to the public;
                  (B) restrict or regulate the use, resale, or 
                redissemination of public information by the 
                public;
                  (C) charge fees or royalties for resale or 
                redissemination of public information; or
                  (D) establish user fees for public 
                information that exceed the cost of 
                dissemination[.];
          (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.
  (e) With respect to statistical policy and coordination, each 
agency shall--
          (1) ensure the relevance, accuracy, timeliness, 
        integrity, and objectivity of information collected or 
        created for statistical purposes;
          (2) inform respondents fully and accurately about the 
        sponsors, purposes, and uses of statistical surveys and 
        studies;
          (3) protect respondents' privacy and ensure that 
        disclosure policies fully honor pledges of 
        confidentiality;
          (4) observe Federal standards and practices for data 
        collection, analysis, documentation, sharing, and 
        dissemination of information;
          (5) ensure the timely publication of the results of 
        statistical surveys and studies, including information 
        about the quality and limitations of the surveys and 
        studies; and
          (6) make data available to statistical agencies and 
        readily accessible to the public.
  (f) With respect to records management, each agency shall 
implement and enforce applicable policies and procedures, 
including requirements for archiving information maintained in 
electronic format, particularly in the planning, design and 
operation of information systems.
  (g) With respect to privacy and security, each agency shall--
          (1) implement and enforce applicable policies, 
        procedures, standards, and guidelines on privacy, 
        confidentiality, security, disclosure and sharing of 
        information collected or maintained by or for the 
        agency; and
          (2) assume responsibility and accountability for 
        compliance with and coordinated management of sections 
        552 and 552a of title 5, subchapter II of this chapter, 
        and related information management laws.
  (h) With respect to Federal information technology, each 
agency shall--
          (1) implement and enforce applicable Governmentwide 
        and agency information technology management policies, 
        principles, standards, and guidelines;
          (2) assume responsibility and accountability for 
        information technology investments;
          (3) promote the use of information technology by the 
        agency to improve the productivity, efficiency, and 
        effectiveness of agency programs, including the 
        reduction of information collection burdens on the 
        public and improved dissemination of public 
        information;
          (4) propose changes in legislation, regulations, and 
        agency procedures to improve information technology 
        practices, including changes that improve the ability 
        of the agency to use technology to reduce burden; and
          (5) assume responsibility for maximizing the value 
        and assessing and managing the risks of major 
        information systems initiatives through a process that 
        is--
                  (A) integrated with budget, financial, and 
                program management decisions; and
                  (B) used to select, control, and evaluate the 
                results of major information systems 
                initiatives.
  (i)(1) In addition to the requirements described in 
subsection (c), each agency shall, with respect to the 
collection of information and the control of paperwork, 
establish 1 point of contact in the agency to act as a liaison 
between the agency and small business concerns (as defined in 
section 3 of the Small Business Act (15 U.S.C. 632)).
  (2) Each point of contact described under paragraph (1) shall 
be established not later than 1 year after the date of 
enactment of the Small Business Paperwork Relief Act of 2002.

           *       *       *       *       *       *       *


[Sec. 3511. Establishment and operation of Government Information 
                    Locator Service

  [(a) In order to assist agencies and the public in locating 
information and to promote information sharing and equitable 
access by the public, the Director shall--
          [(1) cause to be established and maintained a 
        distributed agency-based electronic Government 
        Information Locator Service (hereafter in this section 
        referred to as the ``Service''), which shall identify 
        the major information systems, holdings, and 
        dissemination products of each agency;
          [(2) require each agency to establish and maintain an 
        agency information locator service as a component of, 
        and to support the establishment and operation of the 
        Service;
          [(3) in cooperation with the Archivist of the United 
        States, the Administrator of General Services, the 
        Director of the Government Publishing Office, and the 
        Librarian of Congress, establish an interagency 
        committee to advise the Secretary of Commerce on the 
        development of technical standards for the Service to 
        ensure compatibility, promote information sharing, and 
        uniform access by the public;
          [(4) consider public access and other user needs in 
        the establishment and operation of the Service;
          [(5) ensure the security and integrity of the 
        Service, including measures to ensure that only 
        information which is intended to be disclosed to the 
        public is disclosed through the Service; and
          [(6) periodically review the development and 
        effectiveness of the Service and make recommendations 
        for improvement, including other mechanisms for 
        improving public access to Federal agency public 
        information.
  [(b) This section shall not apply to operational files as 
defined by the Central Intelligence Agency Information Act (50 
U.S.C. 431 et seq.).]

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 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 an open 
                                Government data asset, 
                                available by request under 
                                section 552 of title 5, or a 
                                public data asset eligible for 
                                disclosure under subsection 
                                (b); 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) Any restrictions 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 shall 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, or any electronic 
                hyperlink providing access to such data assets, 
                made available in accordance with subparagraph 
                (E), listed on such inventory.
                  (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 data asset--
                                  (I) is protected by 
                                intellectual property rights;
                                  (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;
                          (v) the expectation that all data 
                        assets that would otherwise be made 
                        available under section 552 of title 5 
                        be disclosed; and
                          (vi) 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 in accordance with the guidance 
established in 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 to be 
        published and made publicly available 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 developed 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 data assets included in the public data 
        inventory that are 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.

           *       *       *       *       *       *       *


[Sec. 3520. Establishment of task force on information collection and 
                    dissemination

  [(a) There is established a task force to study the 
feasibility of streamlining requirements with respect to small 
business concerns regarding collection of information and 
strengthening dissemination of information (in this section 
referred to as the ``task force'').
  [(b)(1) The Director shall determine--
          [(A) subject to the minimum requirements under 
        paragraph (2), the number of representatives to be 
        designated under each subparagraph of that paragraph; 
        and
          [(B) the agencies to be represented under paragraph 
        (2)(K).
  [(2) After all determinations are made under paragraph (1), 
the members of the task force shall be designated by the head 
of each applicable department or agency, and include--
          [(A) 1 representative of the Director, who shall 
        convene and chair the task force;
          [(B) not less than 2 representatives of the 
        Department of Labor, including 1 representative of the 
        Bureau of Labor Statistics and 1 representative of the 
        Occupational Safety and Health Administration;
          [(C) not less than 1 representative of the 
        Environmental Protection Agency;
          [(D) not less than 1 representative of the Department 
        of Transportation;
          [(E) not less than 1 representative of the Office of 
        Advocacy of the Small Business Administration;
          [(F) not less than 1 representative of the Internal 
        Revenue Service;
          [(G) not less than 2 representatives of the 
        Department of Health and Human Services, including 1 
        representative of the Centers for Medicare and Medicaid 
        Services;
          [(H) not less than 1 representative of the Department 
        of Agriculture;
          [(I) not less than 1 representative of the Department 
        of the Interior;
          [(J) not less than 1 representative of the General 
        Services Administration; and
          [(K) not less than 1 representative of each of 2 
        agencies not represented by representatives described 
        under subparagraphs (A) through (J).
  [(c) The task force shall--
          [(1) identify ways to integrate the collection of 
        information across Federal agencies and programs and 
        examine the feasibility and desirability of requiring 
        each agency to consolidate requirements regarding 
        collections of information with respect to small 
        business concerns within and across agencies, without 
        negatively impacting the effectiveness of underlying 
        laws and regulations regarding such collections of 
        information, in order that each small business concern 
        may submit all information required by the agency--
                  [(A) to 1 point of contact in the agency;
                  [(B) in a single format, such as a single 
                electronic reporting system, with respect to 
                the agency; and
                  [(C) with synchronized reporting for 
                information submissions having the same 
                frequency, such as synchronized quarterly, 
                semiannual, and annual reporting dates;
          [(2) examine the feasibility and benefits to small 
        businesses of publishing a list by the Director of the 
        collections of information applicable to small business 
        concerns (as defined in section 3 of the Small Business 
        Act (15 U.S.C. 632)), organized--
                  [(A) by North American Industry 
                Classification System code;
                  [(B) by industrial sector description; or
                  [(C) in another manner by which small 
                business concerns can more easily identify 
                requirements with which those small business 
                concerns are expected to comply;
          [(3) examine the savings, including cost savings, and 
        develop recommendations for implementing--
                  [(A) systems for electronic submissions of 
                information to the Federal Government; and
                  [(B) interactive reporting systems, including 
                components that provide immediate feedback to 
                assure that data being submitted--
                          [(i) meet requirements of format; and
                          [(ii) are within the range of 
                        acceptable options for each data field;
          [(4) make recommendations to improve the electronic 
        dissemination of information collected under Federal 
        requirements;
          [(5) recommend a plan for the development of an 
        interactive Governmentwide system, available through 
        the Internet, to allow each small business to--
                  [(A) better understand which Federal 
                requirements regarding collection of 
                information (and, when possible, which other 
                Federal regulatory requirements) apply to that 
                particular business; and
                  [(B) more easily comply with those Federal 
                requirements; and
          [(6) in carrying out this section, consider 
        opportunities for the coordination--
                  [(A) of Federal and State reporting 
                requirements; and
                  [(B) among the points of contact described 
                under section 3506(i), such as to enable 
                agencies to provide small business concerns 
                with contacts for information collection 
                requirements for other agencies.
  [(d) The task force shall--
          [(1) by publication in the Federal Register, provide 
        notice and an opportunity for public comment on each 
        report in draft form; and
          [(2) make provision in each report for the inclusion 
        of--
                  [(A) any additional or dissenting views of 
                task force members; and
                  [(B) a summary of significant public 
                comments.
  [(e) Not later than 1 year after the date of enactment of the 
Small Business Paperwork Relief Act of 2002, the task force 
shall submit a report of its findings under subsection (c) (1), 
(2), and (3) to--
          [(1) the Director;
          [(2) the chairpersons and ranking minority members 
        of--
                  [(A) the Committee on Governmental Affairs 
                and the Committee on Small Business and 
                Entrepreneurship of the Senate; and
                  [(B) the Committee on Government Reform and 
                the Committee on Small Business of the House of 
                Representatives; and
          [(3) the Small Business and Agriculture Regulatory 
        Enforcement Ombudsman designated under section 30(b) of 
        the Small Business Act (15 U.S.C. 657(b)).
  [(f) Not later than 2 years after the date of enactment of 
the Small Business Paperwork Relief Act of 2002, the task force 
shall submit a report of its findings under subsection (c) (4) 
and (5) to--
          [(1) the Director;
          [(2) the chairpersons and ranking minority members 
        of--
                  [(A) the Committee on Governmental Affairs 
                and the Committee on Small Business and 
                Entrepreneurship of the Senate; and
                  [(B) the Committee on Government Reform and 
                the Committee on Small Business of the House of 
                Representatives; and
          [(3) the Small Business and Agriculture Regulatory 
        Enforcement Ombudsman designated under section 30(b) of 
        the Small Business Act (15 U.S.C. 657(b)).
  [(g) The task force shall terminate after completion of its 
work.
  [(h) In this section, the term ``small business concern'' has 
the meaning given under section 3 of the Small Business Act (15 
U.S.C. 632).]

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.
  (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) Limitations.--The Chief Data Officer of an agency may not 
simultaneously serve as any of the following:
          (1) The Chief Financial Officer of any agency.
          (2) The Chief Human Capital Officer of any agency.
          (3) The Chief Acquisition Officer of any agency.
          (4) The Inspector General of any agency.
          (5) The Performance Improvement Officer of any 
        agency.
  (d) 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.
  (e) 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.
  (f) 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.

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 two-year period that begins on the 
        date the Comptroller General submits the evaluation 
        under paragraph (1) to Congress.

           *       *       *       *       *       *       *


  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 things that matter 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 
five 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.

                  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.

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).

           *       *       *       *       *       *       *

                              ----------                              


                        E-GOVERNMENT ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``E-Government 
Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

[TITLE V--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY

[Sec. 501. Short title.
[Sec. 502. Definitions.
[Sec. 503. Coordination and oversight of policies.
[Sec. 504. Effect on other laws.

            [Subtitle A--Confidential Information Protection

[Sec. 511. Findings and purposes.
[Sec. 512. Limitations on use and disclosure of data and information.
[Sec. 513. Fines and penalties.

                   [Subtitle B--Statistical Efficiency

[Sec. 521. Findings and purposes.
[Sec. 522. Designation of statistical agencies.
[Sec. 523. Responsibilities of designated statistical agencies.
[Sec. 524. Sharing of business data among designated statistical 
          agencies.
[Sec. 525. Limitations on use of business data provided by designated 
          statistical agencies.
[Sec. 526. Conforming amendments.]

           *       *       *       *       *       *       *


     [TITLE V--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL 
                               EFFICIENCY

[SEC. 501. SHORT TITLE.

  [This title may be cited as the ``Confidential Information 
Protection and Statistical Efficiency Act of 2002''.

[SEC. 502. DEFINITIONS.

  [As used in this title:
          [(1) The term ``agency'' means any entity that falls 
        within the definition of the term ``executive agency'' 
        as defined in section 102 of title 31, United States 
        Code, or ``agency'', as defined in section 3502 of 
        title 44, United States Code.
          [(2) 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, United States Code), 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 title; and
                  [(B) who agrees in writing to comply with all 
                provisions of law that affect information 
                acquired by that agency.
          [(3) The term ``business data'' means operating and 
        financial data and information about businesses, tax-
        exempt organizations, and government entities.
          [(4) 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.
          [(5) 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, United States Code (popularly 
                known as the Freedom of Information Act) of 
                data that are acquired for exclusively 
                statistical purposes under a pledge of 
                confidentiality.
          [(6) 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.
          [(7) 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.
          [(8) 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.
          [(9) 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. 503. COORDINATION AND OVERSIGHT OF POLICIES.

  [(a) In General.--The Director of the Office of Management 
and Budget shall coordinate and oversee the confidentiality and 
disclosure policies established by this title. The Director may 
promulgate rules or provide other guidance to ensure consistent 
interpretation of this title by the affected agencies.
  [(b) Agency Rules.--Subject to subsection (c), agencies may 
promulgate rules to implement this title. Rules governing 
disclosures of information that are authorized by this title 
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 title for 
consistency with the provisions of this title and chapter 35 of 
title 44, United States Code, 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 of the Office of Management and Budget such 
        reports and other information as the Director requests.
          [(2) Each Designated Statistical Agency referred to 
        in section 522 shall report annually to the Director of 
        the Office of Management and Budget, the Committee on 
        Government Reform of the House of Representatives, and 
        the Committee on Governmental Affairs of the Senate on 
        the actions it has taken to implement sections 523 and 
        524. The report shall include copies of each written 
        agreement entered into pursuant to section 524(a) for 
        the applicable year.
          [(3) The Director of the Office of Management and 
        Budget shall include a summary of reports submitted to 
        the Director under paragraph (2) and actions taken by 
        the Director to advance the purposes of this title in 
        the annual report to the Congress on statistical 
        programs prepared under section 3504(e)(2) of title 44, 
        United States Code.

[SEC. 504. EFFECT ON OTHER LAWS.

  [(a) Title 44, United States Code.--This title, including 
amendments made by this title, does not diminish the authority 
under section 3510 of title 44, United States Code, of the 
Director of the Office of Management and Budget 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 title, 
including amendments made by this title, 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, 
United States Code, and section 2108 of title 44, United States 
Code.
  [(c) Title 13, United States Code.--This title, including 
amendments made by this title, shall not be construed as 
authorizing the disclosure for nonstatistical purposes of 
demographic data or information collected by the Census Bureau 
pursuant to section 9 of title 13, United States Code.
  [(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 the 
        Energy Organization Act of 1977 (42 U.S.C. 7135, 7177).
  [(e) Section 201 of Congressional Budget Act of 1974.--This 
title, including amendments made by this title, 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 522), either separately or, for 
data that may be shared pursuant to section 524 of this title 
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 title shall 
preempt applicable State law regarding the confidentiality of 
data collected by the States.
  [(g) Statutes Regarding False Statements.--Notwithstanding 
section 512, 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, United 
States Code) 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 title 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 (26 U.S.C. 6103).
  [(i) Authority of Congress.--Nothing in this title 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.

            [Subtitle A--Confidential Information Protection

[SEC. 511. FINDINGS AND PURPOSES.

  [(a) 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.
  [(b) Purposes.--The purposes of this subtitle 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 title 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.

[SEC. 512. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION.

  [(a) 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.
  [(b) 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.
  [(c) 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.
  [(d) 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 
502(2) for treatment as an agent under that section, who may 
perform exclusively statistical activities, subject to the 
limitations and penalties described in this title.

[SEC. 513. 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 section 512, 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 title, 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.

                  [Subtitle B--Statistical Efficiency

[SEC. 521. FINDINGS AND PURPOSES.

  [(a) 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) The Congress enacted the International 
        Investment and Trade in Services Act of 1990 that 
        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 subtitle A of this title, 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.
  [(b) Purposes.--The purposes of this subtitle 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.

[SEC. 522. DESIGNATION OF STATISTICAL AGENCIES.

  [For purposes of this subtitle, the term ``Designated 
Statistical Agency'' means each of the following:
          [(1) The Bureau of the Census 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.

[SEC. 523. 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.

[SEC. 524. SHARING OF BUSINESS DATA AMONG DESIGNATED STATISTICAL 
                    AGENCIES.

  [(a) 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--
          [(1) the business data to be shared;
          [(2) the statistical purposes for which the business 
        data are to be used;
          [(3) the officers, employees, and agents authorized 
        to examine the business data to be shared; and
          [(4) appropriate security procedures to safeguard the 
        confidentiality of the business data.
  [(b) Responsibilities of Agencies Under Other Laws.--The 
provision of business data by an agency to a Designated 
Statistical Agency under this subtitle shall in no way alter 
the responsibility of the agency providing the data under other 
statutes (including section 552 of title 5, United States Code 
(popularly known as the Freedom of Information Act), and 
section 552b of title 5, United States Code (popularly known as 
the Privacy Act of 1974)) with respect to the provision or 
withholding of such information by the agency providing the 
data.
  [(c) 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 subtitle shall be subject to all provisions of 
law, including penalties, that relate--
          [(1) 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
          [(2) to the unlawful disclosure of the business data 
        that would apply to officers, employees, and agents of 
        the agency that originally obtained the information.
  [(d) 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.

[SEC. 525. LIMITATIONS ON USE OF BUSINESS DATA PROVIDED BY DESIGNATED 
                    STATISTICAL AGENCIES.

  [(a) Use, Generally.--Business data provided by a Designated 
Statistical Agency pursuant to this subtitle shall be used 
exclusively for statistical purposes.
  [(b) 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.

[SEC. 526. CONFORMING AMENDMENTS.

  [(a) Department of Commerce.--Section 1 of the Act of January 
27, 1938 (15 U.S.C. 176a) is amended by striking ``The'' and 
inserting ``Except as provided in the Confidential Information 
Protection and Statistical Efficiency Act of 2002, the''.
  [(b) Title 13.--Chapter 10 of title 13, United States Code, 
is amended--
          [(1) by adding after section 401 the following:

[``SEC. 402. PROVIDING BUSINESS DATA TO DESIGNATED STATISTICAL AGENCIES

  [``The Bureau of the Census may provide business data to the 
Bureau of Economic Analysis and the Bureau of Labor Statistics 
(`Designated Statistical Agencies') if such information is 
required for an authorized statistical purpose and the 
provision is the subject of a written agreement with that 
Designated Statistical Agency, or their successors, as defined 
in the Confidential Information Protection and Statistical 
Efficiency Act of 2002.''; and
          [(2) in the table of sections for the chapter by 
        adding after the item relating to section 401 the 
        following:

[``402. Providing business data to Designated Statistical Agencies.]''.]
                              ----------                              


                      TITLE 13, UNITED STATES CODE

          * * * * * * *

               CHAPTER 10--EXCHANGE OF CENSUS INFORMATION

          * * * * * * *

Sec. 402. Providing business data to Designated Statistical Agencies

  The Bureau of the Census may provide business data to the 
Bureau of Economic Analysis and the Bureau of Labor Statistics 
(``Designated Statistical Agencies'') if such information is 
required for an authorized statistical purpose and the 
provision is the subject of a written agreement with that 
Designated Statistical Agency, or their successors, as defined 
in [the Confidential Information Protection and Statistical 
Efficiency Act of 2002] section 3576(e) of title 44.
          * * * * * * *
                              ----------                              


                      TITLE 49, UNITED STATES CODE

          * * * * * * *

             SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

          * * * * * * *

            CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

          * * * * * * *

Sec. 6302. Bureau of Transportation Statistics

  (a) In General.--There shall be within the Department of 
Transportation the Bureau of Transportation Statistics.
  (b) Director.--
          (1) Appointment.--The Bureau shall be headed by a 
        Director, who shall be appointed in the competitive 
        service by the Secretary.
          (2) Qualifications.--The Director shall be appointed 
        from among individuals who are qualified to serve as 
        the Director by virtue of their training and experience 
        in the collection, analysis, and use of transportation 
        statistics.
          (3) Duties.--
                  (A) In general.--The Director shall--
                          (i) serve as the senior advisor to 
                        the Secretary on data and statistics; 
                        and
                          (ii) be responsible for carrying out 
                        the duties described in subparagraph 
                        (B).
                  (B) Duties.--The Director shall--
                          (i) ensure that the statistics 
                        compiled under clause (vi) are designed 
                        to support transportation 
                        decisionmaking by--
                                  (I) the Federal Government;
                                  (II) State and local 
                                governments;
                                  (III) metropolitan planning 
                                organizations;
                                  (IV) transportation-related 
                                associations;
                                  (V) the private sector, 
                                including the freight 
                                community; and
                                  (VI) the public;
                          (ii) establish on behalf of the 
                        Secretary a program--
                                  (I) to effectively integrate 
                                safety data across modes; and
                                  (II) to address gaps in 
                                existing safety data programs 
                                of the Department;
                          (iii) work with the operating 
                        administrations of the Department--
                                  (I) to establish and 
                                implement the data programs of 
                                the Bureau; and
                                  (II) to improve the 
                                coordination of information 
                                collection efforts with other 
                                Federal agencies;
                          (iv) continually improve surveys and 
                        data collection methods of the 
                        Department to improve the accuracy and 
                        utility of transportation statistics;
                          (v) encourage the standardization of 
                        data, data collection methods, and data 
                        management and storage technologies for 
                        data collected by--
                                  (I) the Bureau;
                                  (II) the operating 
                                administrations of the 
                                Department;
                                  (III) State and local 
                                governments;
                                  (IV) metropolitan planning 
                                organizations; and
                                  (V) private sector entities;
                          (vi) collect, compile, analyze, and 
                        publish a comprehensive set of 
                        transportation statistics on the 
                        performance and impacts of the national 
                        transportation system, including 
                        statistics on--
                                  (I) transportation safety 
                                across all modes and 
                                intermodally;
                                  (II) the state of good repair 
                                of United States transportation 
                                infrastructure;
                                  (III) the extent, 
                                connectivity, and condition of 
                                the transportation system, 
                                building on the national 
                                transportation atlas database 
                                developed under section 6309;
                                  (IV) economic efficiency 
                                across the entire 
                                transportation sector;
                                  (V) the effects of the 
                                transportation system on global 
                                and domestic economic 
                                competitiveness;
                                  (VI) demographic, economic, 
                                and other variables influencing 
                                travel behavior, including 
                                choice of transportation mode 
                                and goods movement;
                                  (VII) transportation-related 
                                variables that influence the 
                                domestic economy and global 
                                competitiveness;
                                  (VIII) economic costs and 
                                impacts for passenger travel 
                                and freight movement;
                                  (IX) intermodal and 
                                multimodal passenger movement;
                                  (X) intermodal and multimodal 
                                freight movement; and
                                  (XI) consequences of 
                                transportation for the human 
                                and natural environment;
                          (vii) build and disseminate the 
                        transportation layer of the National 
                        Spatial Data Infrastructure developed 
                        under Executive Order 12906 (59 Fed. 
                        Reg. 17671) (or a successor Executive 
                        Order), including by coordinating the 
                        development of transportation 
                        geospatial data standards, compiling 
                        intermodal geospatial data, and 
                        collecting geospatial data that is not 
                        being collected by other entities;
                          (viii) issue guidelines for the 
                        collection of information by the 
                        Department that the Director determines 
                        necessary to develop transportation 
                        statistics and carry out modeling, 
                        economic assessment, and program 
                        assessment activities to ensure that 
                        such information is accurate, reliable, 
                        relevant, uniform, and in a form that 
                        permits systematic analysis by the 
                        Department;
                          (ix) review and report to the 
                        Secretary on the sources and 
                        reliability of--
                                  (I) the statistics proposed 
                                by the heads of the operating 
                                administrations of the 
                                Department to measure outputs 
                                and outcomes as required by the 
                                Government Performance and 
                                Results Act of 1993 (Public Law 
                                103-62;107 Stat. 285); and
                                  (II) at the request of the 
                                Secretary, any other data 
                                collected or statistical 
                                information published by the 
                                heads of the operating 
                                administrations of the 
                                Department; and
                          (x) ensure that the statistics 
                        published under this section are 
                        readily accessible to the public, 
                        consistent with applicable security 
                        constraints and confidentiality 
                        interests.
  (c) Access to Federal Data.--In carrying out subsection 
(b)(3)(B)(ii), the Director shall be given access to all safety 
data that the Director determines necessary to carry out that 
subsection that is held by the Department or any other Federal 
agency upon written request and subject to any statutory or 
regulatory restrictions.
  (d) Independence of Bureau.--
          (1) In general.--The Director shall not be required--
                  (A) to obtain the approval of any other 
                officer or employee of the Department with 
                respect to the collection or analysis of any 
                information; or
                  (B) prior to publication, to obtain the 
                approval of any other officer or employee of 
                the United States Government with respect to 
                the substance of any statistical technical 
                reports or press releases lawfully prepared by 
                the Director.
          (2) Budget authority.--The Director shall have a 
        significant role in the disposition and allocation of 
        the authorized budget of the Bureau, including--
                  (A) all hiring, grants, cooperative 
                agreements, and contracts awarded by the Bureau 
                to carry out this section; and
                  (B) the disposition and allocation of amounts 
                paid to the Bureau for cost-reimbursable 
                projects.
          (3) Exceptions.--The Secretary shall direct external 
        support functions, such as the coordination of 
        activities involving multiple modal administrations.
          (4) Information technology.--The Department Chief 
        Information Officer shall consult with the Director to 
        ensure decisions related to information technology 
        guarantee the protection of the confidentiality of 
        information provided solely for statistical purposes, 
        in accordance with [the Confidential Information 
        Protection and Statistical Efficiency Act of 2002 (44 
        U.S.C. 3501 note; Public Law 107-347).] section 3572 of 
        title 44.
          * * * * * * *

Sec. 6314. Port performance freight statistics program

  (a) In General.--The Director shall establish, on behalf of 
the Secretary, a port performance statistics program to provide 
nationally consistent measures of performance of, at a 
minimum--
          (1) the Nation's top 25 ports by tonnage;
          (2) the Nation's top 25 ports by 20-foot equivalent 
        unit; and
          (3) the Nation's top 25 ports by dry bulk.
  (b) Reports.--
          (1) Port capacity and throughput.--Not later than 
        January 15 of each year, the Director shall submit an 
        annual report to Congress that includes statistics on 
        capacity and throughput at the ports described in 
        subsection (a).
          (2) Port performance measures.--The Director shall 
        collect port performance measures for each of the 
        United States ports referred to in subsection (a) 
        that--
                  (A) receives Federal assistance; or
                  (B) is subject to Federal regulation to 
                submit necessary information to the Bureau that 
                includes statistics on capacity and throughput 
                as applicable to the specific configuration of 
                the port.
  (c) Recommendations.--
          (1) In general.--The Director shall obtain 
        recommendations for--
                  (A) port performance measures, including 
                specifications and data measurements to be used 
                in the program established under subsection 
                (a); and
                  (B) a process for the Department to collect 
                timely and consistent data, including 
                identifying safeguards to protect proprietary 
                information described in subsection (b)(2).
          (2) Working group.--Not later than 60 days after the 
        date of the enactment of the Transportation for 
        Tomorrow Act of 2015, the Director shall commission a 
        working group composed of--
                  (A) operating administrations of the 
                Department;
                  (B) the Coast Guard;
                  (C) the Federal Maritime Commission;
                  (D) U.S. Customs and Border Protection;
                  (E) the Marine Transportation System National 
                Advisory Council;
                  (F) the Army Corps of Engineers;
                  (G) the Saint Lawrence Seaway Development 
                Corporation;
                  (H) the Bureau of Labor Statistics;
                  (I) the Maritime Advisory Committee for 
                Occupational Safety and Health;
                  (J) the Advisory Committee on Supply Chain 
                Competitiveness;
                  (K) 1 representative from the rail industry;
                  (L) 1 representative from the trucking 
                industry;
                  (M) 1 representative from the maritime 
                shipping industry;
                  (N) 1 representative from a labor 
                organization for each industry described in 
                subparagraphs (K) through (M);
                  (O) 1 representative from the International 
                Longshoremen's Association;
                  (P) 1 representative from the International 
                Longshore and Warehouse Union;
                  (Q) 1 representative from a port authority;
                  (R) 1 representative from a terminal 
                operator;
                  (S) representatives of the National Freight 
                Advisory Committee of the Department; and
                  (T) representatives of the Transportation 
                Research Board of the National Academies of 
                Sciences, Engineering, and Medicine.
          (3) Recommendations.--Not later than 1 year after the 
        date of the enactment of the Transportation for 
        Tomorrow Act of 2015, the working group commissioned 
        under paragraph (2) shall submit its recommendations to 
        the Director.
  (d) Access to Data.--The Director shall ensure that--
          (1) the statistics compiled under this section--
                  (A) are readily accessible to the public; and
                  (B) are consistent with applicable security 
                constraints and confidentiality interests; and
          (2) the data acquired, regardless of source, shall be 
        protected in accordance with [the Confidential 
        Information Protection and Statistical Efficiency Act 
        of 2002 (44 U.S.C. 3501 note; Public Law 107-347).] 
        section 3572 of title 44.
          * * * * * * *
                              ----------                              


                        ACT OF JANUARY 27, 1938

AN ACT To make confidential certain information furnished to the Bureau 
       of Foreign and Domestic Commerce, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That any 
statistical information furnished in confidence to the Bureau 
of Foreign and Domestic Commerce by individuals, corporations, 
and firms shall be held to be confidential, and shall be used 
only for the statistical purposes for which it is supplied. 
Except as provided in [the Confidential Information Protection 
and Statistical Efficiency Act of 2002] subchapter III of 
chapter 35 of title 44, United States Code, the Director of the 
Bureau of Foreign and Domestic Commerce shall not permit anyone 
other than the sworn employees of the Bureau to examine such 
individual reports, nor shall he permit any statistics of 
domestic commerce to be published in such manner as to reveal 
the identity of the individual, corporation, or firm furnishing 
such data.
          * * * * * * *
                              ----------                              


              FIXING AMERICA'S SURFACE TRANSPORTATION ACT

          * * * * * * *

                   DIVISION A--SURFACE TRANSPORTATION

          * * * * * * *

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

          * * * * * * *

      Subtitle C--Safe Transportation of Flammable Liquids by Rail

          * * * * * * *

SEC. 7308. MODIFICATION REPORTING.

  (a) In general.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall implement a 
reporting requirement to monitor industry-wide progress toward 
modifying rail tank cars used to transport Class 3 flammable 
liquids by the applicable deadlines established in section 
7304.
  (b) Tank Car Data.--The Secretary shall collect data from 
shippers and rail tank car owners on--
          (1) the total number of tank cars modified to meet 
        the DOT-117R specification, or equivalent, specifying--
                  (A) the type or specification of each tank 
                car before it was modified, including non-
                jacketed DOT-111, jacketed DOT-111, non-
                jacketed DOT-111 meeting the CPC-1232 standard, 
                or jacketed DOT-111 meeting the CPC-1232 
                standard; and
                  (B) the identification number of each Class 3 
                flammable liquid carried by each tank car in 
                the past year;
          (2) the total number of tank cars built to meet the 
        DOT-117 specification, or equivalent; and
          (3) the total number of tank cars used or likely to 
        be used to transport Class 3 flammable liquids that 
        have not been modified, specifying--
                  (A) the type or specification of each tank 
                car not modified, including the non-jacketed 
                DOT-111, jacketed DOT-111, non-jacketed DOT-111 
                meeting the CPC-1232 standard, or jacketed DOT-
                111 meeting the CPC-1232 standard; and
                  (B) the identification number of each Class 3 
                flammable liquid carried by each tank car in 
                the past year.
  (c) Tank Car Shop Data.--The Secretary shall conduct a survey 
of tank car facilities modifying tank cars to the DOT-117R 
specification, or equivalent, or building new tank cars to the 
DOT-117 specification, or equivalent, to generate 
statistically- valid estimates of the anticipated number of 
tank cars those facilities expect to modify to DOT-117R 
specification, or equivalent, or build to the DOT-117 
specification, or equivalent.
  (d) Frequency.--The Secretary shall collect the data under 
subsection (b) and conduct the survey under subsection (c) 
annually until May 1, 2029.
  (e) Information Protections.--
          (1) In general.--The Secretary shall only report data 
        in industry-wide totals and shall treat company-
        specific information as confidential business 
        information.
          (2) Level of confidentiality.--The Secretary shall 
        ensure the data collected under subsection (b) and the 
        survey data under subsection (c) have the same level of 
        confidentiality as required by [the Confidential 
        Information Protection and Statistical Efficiency Act 
        of 2002 (44 U.S.C. 3501 note)] section 3572 of title 
        44, United States Code, as administered by the Bureau 
        of Transportation Statistics.
          (3) Designee.--The Secretary may--
                  (A) designate the Director of the Bureau of 
                Transportation Statistics to collect data under 
                subsection (b) and the survey data under 
                subsection (c); and
                  (B) direct the Director to ensure the 
                confidentially of company-specific information 
                to the maximum extent permitted by law.
  (f) Report.--Each year, not later than 60 days after the date 
that both the collection of the data under subsection (b) and 
the survey under subsection (c) are complete, the Secretary 
shall submit a written report on the aggregate results, without 
company-specific information, to--
          (1) the Committee on Commerce, Science, and 
        Transportation of the Senate; and
          (2) the Committee on Transportation and 
        Infrastructure of the House of Representatives.
  (g) Definition of Class 3 Flammable Liquid.--In this section, 
the term ``Class 3 flammable liquid'' has the meaning given the 
term flammable liquid in section 173.120 of title 49, Code of 
Federal Regulations.
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