[Congressional Record Volume 163, Number 187 (Wednesday, November 15, 2017)]
[House]
[Pages H9281-H9291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOUNDATIONS FOR EVIDENCE-BASED POLICYMAKING ACT OF 2017
Mr. FARENTHOLD. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4174
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Foundations for Evidence-Based Policymaking Act of 2017''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES
Sec. 101. Federal evidence-building activities.
TITLE II--OPEN GOVERNMENT DATA ACT
Sec. 201. Short title.
Sec. 202. OPEN Government Data.
TITLE III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY
Sec. 301. Short title.
Sec. 302. Confidential information protection and statistical
efficiency.
Sec. 303. Increasing access to data for evidence.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Rule of construction.
Sec. 402. Effective date.
TITLE I--FEDERAL EVIDENCE-BUILDING ACTIVITIES
SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVITIES.
(a) In General.--Chapter 3 of part I of title 5, United
States Code, is amended--
(1) before section 301, by inserting the following:
``SUBCHAPTER I--GENERAL PROVISIONS''; and
(2) by adding at the end the following:
``SUBCHAPTER II--FEDERAL EVIDENCE-BUILDING ACTIVITIES
``Sec. 311. Definitions
``In this subchapter:
``(1) Agency.--The term `agency' means an agency referred
to under section 901(b) of title 31.
``(2) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(3) Evaluation.--The term `evaluation' means an
assessment using systematic data collection and analysis of
one or more programs, policies, and organizations intended to
assess their effectiveness and efficiency.
``(4) Evidence.--The term `evidence' has the meaning given
that term in section 3561 of title 44.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, each territory or
possession of the United States, and each federally
recognized Indian Tribe.
``(6) Statistical activities; statistical agency or unit;
statistical purpose.--The terms `statistical activities',
`statistical agency or unit', and `statistical purpose' have
the meanings given those terms in section 3561 of title 44.
``Sec. 312. Agency evidence-building plan
``(a) Requirement.--Not later than the first Monday in
February of each year, the head of each agency shall submit
to the Director and Congress a systematic plan for
identifying and addressing policy questions relevant to the
programs, policies, and regulations of the agency. Such plan
shall be made available on the public website of the agency
and shall cover at least a four-year period beginning with
the first fiscal year following the fiscal year in which the
plan is submitted and published and contain the following:
``(1) A list of policy-relevant questions for which the
agency intends to develop evidence to support policymaking.
``(2) A list of data the agency intends to collect, use, or
acquire to facilitate the use of evidence in policymaking.
``(3) A list of methods and analytical approaches that may
be used to develop evidence to support policymaking.
``(4) A list of any challenges to developing evidence to
support policymaking, including any statutory or other
restrictions to accessing relevant data.
``(5) A description of the steps the agency will take to
accomplish paragraphs (1) and (2).
``(6) Any other information as required by guidance issued
by the Director.
``(b) Consultation.--In developing the plan required under
subsection (a), the head of an agency shall consult with the
following:
``(1) The public.
``(2) Any evaluation or analysis unit and personnel of the
agency.
``(3) Agency officials responsible for implementing privacy
policy.
``(4) The Chief Data Officer of the agency.
``(5) The officials of the agency designated under section
315.
``(6) The Performance Improvement Officer of the agency.
``(7) Program administrators of the agency.
``(8) The committees of the House of Representatives and
Senate with oversight jurisdiction over the agency.
``(9) Any other individual or entity as determined by the
Director.
``Sec. 313. Governmentwide evidence-building coordination
``(a) In General.--The Director shall consolidate the plans
submitted under section 312 in a unified evidence-building
plan. The Director shall notify agency heads of potentially
overlapping or unnecessarily duplicative data acquisition
plans and facilitate interagency evidence gathering and
sharing. The head of an agency may incorporate the results of
any interagency coordination by updating the plan required
under section 312. The Director shall incorporate any such
agency update in the unified evidence-building plan.
``(b) Consultation.--In developing the unified evidence-
building plan required under subsection (a), the Director
shall consult with the following:
``(1) The public.
``(2) The Interagency Council on Statistical Policy
established under section 3504(e)(8) of title 44.
``(3) Any other relevant interagency council.
``(4) The head of each agency.
``(5) Any other individual or entity as determined by the
Director.
``Sec. 314. Chief Evaluation Officers
``(a) Establishment.--The head of each agency shall appoint
or designate an employee of the agency as the Chief
Evaluation Officer of the agency.
``(b) Qualifications.--The Chief Evaluation Officer of an
agency shall be appointed or designated without regard to
political affiliation and based on demonstrated expertise in
evaluation methodology and practices and appropriate
expertise to the disciplines of the agency.
``(c) Limitations.--The Chief Evaluation Officer of an
agency may not simultaneously serve as any of the following:
``(1) The Chief Financial Officer of any agency.
``(2) The Chief Information Officer of any agency.
``(3) The Chief Human Capital Officer of any agency.
``(4) The Chief Acquisition Officer of any agency.
``(5) The Inspector General of any agency.
``(d) Coordination.--The Chief Evaluation Officer of an
agency shall, to the extent practicable, coordinate
activities with agency officials, including the following:
``(1) Agency officials responsible for implementing privacy
policy regarding privacy and confidentiality issues.
``(2) The Chief Data Officer of the agency.
``(3) Agency officials designated under section 315.
``(4) Any evaluation or analysis unit and personnel of the
agency on the needs for evaluation and analysis.
``(5) The Performance Improvement Officer of the agency.
``(6) Program administrators of the agency.
``(7) The Chief Evaluation Officers of other agencies.
``(e) Functions.--The Chief Evaluation Officer of each
agency shall--
``(1) continually assess the coverage, quality, methods,
consistency, effectiveness, independence, and balance of the
portfolio of evaluations, policy research, and ongoing
evaluation activities of the agency;
``(2) assess agency capacity to support the development and
use of evaluation;
``(3) establish and implement an agency evaluation policy;
and
``(4) coordinate, develop, and implement the plan required
under section 312.
``Sec. 315. Statistical expertise
``(a) In General.--The head of each agency shall designate
the head of any statistical agency or unit within the agency,
or in the case of an agency that does not have a statistical
agency or unit, any senior agency official with appropriate
expertise, as a statistical official to advise on statistical
policy, techniques, and procedures. Agency officials engaged
in statistical activities may consult with any such
statistical official as necessary.
``(b) Membership on Interagency Council for Statistical
Policy.--Each statistical official designated under
subsection (a) shall
[[Page H9282]]
serve as a member of the Interagency Council for Statistical
Policy established under section 3504(e)(8) of title 44.
``Sec. 316. Advisory Committee on Data for Evidence Building
``(a) Establishment.--The Director, or the head of an
agency designated by the Director, shall establish an
Advisory Committee on Data for Evidence Building (in this
section referred to as the `Advisory Committee') to review,
analyze, and make recommendations on how to expand access to
and use of Federal data for evidence building.
``(b) Membership.--The members of the Advisory Committee
shall consist of the Chief Statistician of the United States,
who shall serve as the Chair of the Advisory Committee, and
other members appointed by the Director as follows:
``(1) One member who is an agency Chief Information
Officer.
``(2) One member who is an agency Chief Privacy Officer.
``(3) One member who is an agency Chief Performance
Officer.
``(4) Three members who are agency Chief Data Officers.
``(5) Three members who are agency Chief Evaluation
Officers.
``(6) Three members who are members of the Interagency
Council for Statistical Policy established under section
3504(e)(8) of title 44.
``(7) At least 10 members who are representatives of State
and local governments and nongovernmental stakeholders with
expertise in government data policy, privacy, technology,
transparency policy, evaluation and research methodologies,
and other relevant subjects, of whom--
``(A) at least one shall have expertise in transparency
policy;
``(B) at least one shall have expertise in privacy policy;
``(C) at least one shall have expertise in statistical data
use;
``(D) at least one shall have expertise in information
management;
``(E) at least one shall have expertise in information
technology; and
``(F) at least one shall be from the research and
evaluation community.
``(c) Term of Service.--
``(1) In general.--Each member of the Advisory Committee
(other than the Chair) shall serve for a term of 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.''.
(b) Technical and Conforming Amendments.--The table of
sections for chapter 3 of part I of title 5, United States
Code, is amended--
(1) by inserting before the item relating to section 301
the following:
``subchapter i--general provisions'';
and
(2) by adding at the end the following:
``subchapter ii--federal evidence-building activities
``311. Definitions.
``312. Agency evidence-building plan.
``313. Governmentwide evidence-building coordination.
``314. Chief Evaluation Officers.
``315. Statistical expertise.
``316. Advisory Committee on Data for Evidence Building.''.
(c) Agency Strategic Plans.--Section 306 of title 5, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``; and'' at the end and
inserting a semicolon;
(B) in paragraph (8), by--
(i) striking the period at the end; and
(ii) inserting after ``to be conducted'' the following: ``,
and citations to relevant provisions of the plan required
under section 312; and''; and
(C) by adding at the end the following:
``(9) an assessment of the coverage, quality, methods,
effectiveness, and independence of the statistics,
evaluation, research, and analysis efforts of the agency,
including--
``(A) a list of the activities and operations of the agency
that are currently being evaluated and analyzed;
``(B) the extent to which the evaluations, research, and
analysis efforts and related activities of the agency support
the needs of various divisions within the agency;
``(C) the extent to which the evaluation research and
analysis efforts and related activities of the agency address
an appropriate balance between needs related to
organizational learning, ongoing program management,
performance management, strategic management, interagency and
private sector coordination, internal and external oversight,
and accountability;
``(D) the extent to which the agency uses methods and
combinations of methods that are appropriate to agency
divisions and the corresponding research questions being
addressed, including an appropriate combination of formative
and summative evaluation research and analysis approaches;
``(E) the extent to which evaluation and research capacity
is present within the agency to include personnel and agency
processes for planning and implementing evaluation
activities, disseminating best practices and findings, and
incorporating employee views and feedback; and
``(F) the extent to which the agency has the capacity to
assist agency staff and program offices to develop the
capacity to use evaluation research and analysis approaches
and data in the day-to-day operations.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Not later than 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.''.
TITLE II--OPEN GOVERNMENT DATA ACT
SEC. 201. SHORT TITLE.
This title may be cited as the `` `Open, Public,
Electronic, and Necessary Government Data Act' '' or the
``OPEN Government Data Act''.
SEC. 202. OPEN GOVERNMENT DATA.
(a) Definitions.--Section 3502 of title 44, United States
Code, is amended--
(1) in paragraph (13), by striking ``; and'' at the end and
inserting a semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(15) the term `data' means recorded information,
regardless of form or the media on which the data is
recorded;
``(16) the term `data asset' means a collection of data
elements or data sets that may be grouped together;
``(17) the term `machine-readable', when used with respect
to data, means data in a format that can be easily processed
by a computer without human intervention while ensuring no
semantic meaning is lost;
``(18) the term `metadata' means structural or descriptive
information about data such as content, format, source,
rights, accuracy, provenance, frequency, periodicity,
granularity, publisher or responsible party, contact
information, method of collection, and other descriptions;
``(19) the term `open Government data asset' means a public
data asset that is--
``(A) machine-readable;
``(B) available (or could be made available) in an open
format;
``(C) not encumbered by restrictions that would impede the
use or reuse of such asset; and
``(D) based on an underlying open standard that is
maintained by a standards organization;
``(20) the term `open license' means a legal guarantee that
a data asset is made available--
``(A) at no cost to the public; and
``(B) with no restrictions on copying, publishing,
distributing, transmitting, citing, or adapting such asset;
``(21) the term `public data asset' means a data asset
maintained by the Federal Government that has been, or may
be, released to the public, including any data asset subject
to disclosure under section 552 of title 5; and
``(22) the term `statistical laws' means subchapter III of
this chapter and other laws pertaining to the protection of
information collected for statistical purposes as designated
by the Director.''.
(b) Guidance To Make Data Open by Default.--Section 3504(b)
of title 44, United States Code, is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
[[Page H9283]]
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) issue guidance for agencies to implement section
3506(b)(6) in a manner that takes into account--
``(A) risks and restrictions related to the disclosure of
personally identifiable information, including the risk that
an individual data asset in isolation does not pose a privacy
or confidentiality risk but when combined with other
available information may pose such a risk;
``(B) security considerations, including the risk that
information in an individual data asset in isolation does not
pose a security risk but when combined with other available
information may pose such a risk;
``(C) the cost and benefits to the public of converting a
data asset into a machine-readable format that is accessible
and useful to the public;
``(D) whether the application of the requirements described
in such section to a data asset could result in legal
liability;
``(E) whether a data asset--
``(i) is protected by intellectual property rights,
including rights under titles 17 and 35;
``(ii) contains confidential business information, that
could be withheld under section 552(b)(4) of title 5; or
``(iii) is otherwise restricted by contract or other
binding, written agreement;
``(F) the requirement that a data asset be disclosed, if it
would otherwise be made available under section 552 of title
5 (commonly known as the `Freedom of Information Act'); and
``(G) any other considerations that the Director determines
to be relevant.''.
(c) Federal Agency Responsibilities To Make Data Open by
Default.--
(1) Amendments.--Section 3506 of title 44, United States
Code, is amended--
(A) in subsection (b)--
(i) by amending paragraph (2) to read as follows:
``(2) in accordance with guidance by the Director, develop
and maintain a strategic information resources management
plan that, to the extent practicable--
``(A) describes how information resources management
activities help accomplish agency missions;
``(B) includes an open data plan that--
``(i) requires the agency to develop processes and
procedures that--
``(I) require data collection mechanisms created on or
after the date of the enactment of the OPEN Government Data
Act to be available in an open format; and
``(II) facilitate collaboration with non-Government
entities (including businesses), researchers, and the public
for the purpose of understanding how data users value and use
government data;
``(ii) identifies and implements methods for collecting and
analyzing digital information on data asset usage by users
within and outside of the agency, including designating a
point of contact within the agency to assist the public and
to respond to quality issues, usability issues,
recommendations for improvements, and complaints about
adherence to open data requirements within a reasonable
period of time;
``(iii) develops and implements a process to evaluate and
improve the timeliness, completeness, consistency, accuracy,
usefulness, and availability of open Government data assets;
``(iv) includes requirements for meeting the goals of the
agency open data plan, including the acquisition of
technology, provision of training for employees, and the
implementation of procurement standards, in accordance with
existing law, regulation, and policy, that allow for the
acquisition of innovative solutions from public and private
sectors; and
``(v) requires the agency to comply with requirements under
section 3511, including any standards established by the
Director under such section, when disclosing a data asset
pursuant to such section; and
``(C) is updated annually and made publicly available on
the website of the agency not later than five days after each
such update;'';
(ii) in paragraph (4), by striking ``; and'' and inserting
a semicolon;
(iii) in paragraph (5), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following new paragraph:
``(6) in accordance with guidance by the Director--
``(A) make each data asset of the agency available in an
open format; and
``(B) make each public data asset of the agency available--
``(i) as an open Government data asset; and
``(ii) under an open license.''; and
(B) in subsection (d)--
(i) in paragraph (3), by striking ``and'' at the end;
(ii) in paragraph (4), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following new paragraphs:
``(5) ensure that any public data asset of the agency is
machine-readable; and
``(6) engage the public in using public data assets of the
agency and encourage collaboration by--
``(A) publishing on the website of the agency, on a regular
basis (not less than annually), information on the usage of
such assets by non-Government users;
``(B) providing the public with the opportunity to request
specific data assets to be prioritized for disclosure and to
provide suggestions for the development of agency criteria
with respect to prioritizing data assets for disclosure;
``(C) assisting the public in expanding the use of public
data assets; and
``(D) hosting challenges, competitions, events, or other
initiatives designed to create additional value from public
data assets of the agency.''.
(2) Use of open data assets.--Not later than one year after
the date of the enactment of this Act, the head of each
agency shall ensure that any activity by the agency meets the
requirements of section 3506 of title 44, United States Code,
as amended by this subsection.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is one year after the date
of the enactment of this Act.
(d) Data Inventory and Federal Data Catalogue.--
(1) Amendment.--Section 3511 of title 44, United States
Code, is amended to read as follows:
``Sec. 3511. Data inventory and Federal data catalogue
``(a) Comprehensive Data Inventory.--
``(1) In general.--In consultation with the Director and in
accordance with the guidance established under paragraph (2),
the head of each agency shall, to the maximum extent
practicable, develop and maintain a comprehensive data
inventory that accounts for all data assets created by,
collected by, under the control or direction of, or
maintained by the agency. The head of each agency shall
ensure that such inventory provides a clear and comprehensive
understanding of the data assets in the possession of the
agency.
``(2) Guidance.--The Director shall establish guidance for
agencies to develop and maintain comprehensive data
inventories under paragraph (1). Such guidance shall include
the following:
``(A) A requirement for the head of an agency to include in
the comprehensive data inventory metadata on each data asset
of the agency, including the following:
``(i) A description of the data asset, including all
variable names and definitions.
``(ii) The name or title of the data asset.
``(iii) An indication of whether the agency--
``(I) has determined if the data asset is--
``(aa) an open Government data asset;
``(bb) subject to disclosure under section 552 of title 5;
``(cc) a public data asset eligible for disclosure under
subsection (b); or
``(dd) a data asset not subject to open format or open
license requirements due to existing limitations or
restrictions on government distribution of the asset; or
``(II) as of the date of such indication, has not made such
determination.
``(iv) Any determination made under section 3582, if
available.
``(v) A description of the method by which the public may
access or request access to the data asset.
``(vi) The date on which the data asset was most recently
updated.
``(vii) Each agency responsible for maintaining the data
asset.
``(viii) The owner of the data asset.
``(ix) To the extent practicable, any restriction on the
use of the data asset.
``(x) The location of the data asset.
``(xi) Any other metadata necessary to make the
comprehensive data inventory useful to the agency and the
public, or otherwise determined useful by the Director.
``(B) A requirement for the head of an agency to exclude
from the comprehensive data inventory any data asset
contained on a national security system, as defined in
section 11103 of title 40.
``(C) Criteria for the head of an agency to use in
determining which information, if any, in the comprehensive
data inventory may not be made publicly available, which
shall include, at a minimum, a requirement to ensure all
information in the inventory that would be subject to
disclosure under section 552 of title 5 is made publicly
available.
``(D) A requirement for the head of each agency, in
accordance with a procedure established by the Director, to
submit for inclusion in the Federal data catalogue maintained
under subsection (c) the data inventory developed pursuant to
subparagraph (C), including any real-time updates to such
inventory, and data assets made available in accordance with
subparagraph (E) or any electronic hyperlink providing access
to such data assets.
``(E) Criteria for the head of an agency to use in
determining whether a particular data asset should not be
made publicly available in a manner that takes into account--
``(i) risks and restrictions related to the disclosure of
personally identifiable information, including the risk that
an individual data asset in isolation does not pose a privacy
or confidentiality risk but when combined with other
available information may pose such a risk;
``(ii) security considerations, including the risk that
information in an individual data asset in isolation does not
pose a security risk but when combined with other available
information may pose such a risk;
``(iii) the cost and benefits to the public of converting
the data into a manner that could be understood and used by
the public;
``(iv) whether the public dissemination of the data asset
could result in legal liability;
``(v) whether the data asset--
[[Page H9284]]
``(I) is protected by intellectual property rights,
including rights under titles 17 and 35;
``(II) contains confidential business information, that
could be withheld under section 552(b)(4) of title 5; or
``(III) is restricted by contract or other binding, written
agreement;
``(vi) whether the holder of a right to such data asset has
been consulted;
``(vii) the expectation that all data assets that would
otherwise be made available under section 552 of title 5 be
disclosed; and
``(viii) any other considerations that the Director
determines to be relevant.
``(3) Regular updates required.--With respect to each data
asset created or identified by an agency, the head of the
agency shall update the comprehensive data inventory of the
agency not later than 90 days after the date of such creation
or identification.
``(b) Public Data Assets.--The head of each agency shall
submit public data assets, or links to public data assets
available online, as open Government data assets for
inclusion in the Federal data catalogue maintained under
subsection (c), in accordance with the guidance established
under subsection (a)(2).
``(c) Federal Data Catalogue.--
``(1) In general.--The Administrator of General Services
shall maintain a single public interface online as a point of
entry dedicated to sharing agency data assets with the
public, which shall be known as the `Federal data catalogue'.
The Administrator and the Director shall ensure that agencies
can submit public data assets, or links to public data
assets, for publication and public availability on the
interface.
``(2) Repository.--The Director shall collaborate with the
Office of Government Information Services and the
Administrator of General Services to develop and maintain an
online repository of tools, best practices, and schema
standards to facilitate the adoption of open data practices
across the Federal Government, which shall--
``(A) include any definitions, regulations, policies,
checklists, and case studies related to open data policy;
``(B) facilitate collaboration and the adoption of best
practices across the Federal Government relating to the
adoption of open data practices; and
``(C) be made available on the Federal data catalogue
maintained under paragraph (1).
``(3) Access to other data assets.--The Director shall
ensure the Federal data catalogue maintained under paragraph
(1) provides information on how the public can access a data
asset included in a comprehensive data inventory under
subsection (a) that is not yet available on the Federal data
catalogue, including information regarding the application
process established under section 3583 of title 44.
``(d) Delegation.--The Director shall delegate to the
Administrator of the Office of Information and Regulatory
Affairs and the Administrator of the Office of Electronic
Government the authority to jointly issue guidance required
under this section.
``(e) Use of Existing Resources.--To the extent
practicable, the head of each agency shall use existing
procedures and systems to carry out agency requirements under
this section.''.
(2) Technical and conforming amendments.--
(A) Table of sections.--The item relating to section 3511
of the table of sections at the beginning of chapter 35 of
title 44, United States Code, is amended to read as follows:
``3511. Data inventory and Federal data catalogue.''.
(B) Cross-reference.--Section 3504(b)(2)(A) of title 44,
United States Code, is amended by striking ``the use of the
Government Information Locator Service'' and inserting ``the
use of comprehensive data inventories and the Federal data
catalogue under section 3511''.
(e) Chief Data Officers.--
(1) Amendment.--Section 3520 of title 44, United States
Code, is amended to read as follows:
``Sec. 3520. Chief Data Officers
``(a) Establishment.--The head of each agency shall
designate a career appointee (as defined in section 3132 of
title 5) in the agency as the Chief Data Officer of the
agency.
``(b) Qualifications.--The Chief Data Officer of an agency
shall be designated on the basis of demonstrated training and
experience in data management, collection, analysis,
protection, use, and dissemination, including with respect to
any statistical and related techniques to protect and de-
identify confidential data.
``(c) Functions.--The Chief Data Officer of an agency
shall--
``(1) be responsible for lifecycle data management;
``(2) coordinate with any official in the agency
responsible for using, protecting, disseminating, and
generating data to ensure that the data needs of the agency
are met;
``(3) manage data assets of the agency, including the
standardization of data format, sharing of data assets, and
publication of data assets in accordance with applicable law;
``(4) in carrying out the requirement under paragraphs (3)
and (5), consult with any statistical official of the agency
(as designated under section 315 of title 5);
``(5) carry out the requirements of the agency under
subsections (b) through (d), (f), and (i) of section 3506,
section 3507, and section 3511;
``(6) ensure that agency data conforms with data management
best practices;
``(7) engage agency employees, the public, and contractors
in using public data assets and encourage collaborative
approaches on improving data use;
``(8) support the Performance Improvement Officer of the
agency in identifying and using data to carry out the
functions described in section 1124(a)(2) of title 31;
``(9) support the Chief Evaluation Officer of the agency in
obtaining data to carry out the functions described in
section 314 of title 5;
``(10) review the impact of the infrastructure of the
agency on data asset accessibility and coordinate with the
Chief Information Officer of the agency to improve such
infrastructure to reduce barriers that inhibit data asset
accessibility;
``(11) ensure that, to the extent practicable, the agency
maximizes the use of data in the agency, including for the
production of evidence (as defined in section 3561),
cybersecurity, and the improvement of agency operations;
``(12) identify points of contact for roles and
responsibilities related to open data use and implementation
(as required by the Director);
``(13) serve as the agency liaison to other agencies and
the Office of Management and Budget on the best way to use
existing agency data for statistical purposes (as defined in
section 3561); and
``(14) comply with any regulation and guidance issued under
subchapter III, including the acquisition and maintenance of
any required certification and training.
``(d) Delegation of Responsibilities.--
``(1) In general.--To the extent necessary to comply with
statistical laws, the Chief Data Officer of an agency shall
delegate any responsibility under subsection (d) to the head
of a statistical agency or unit (as defined in section 3561)
within the agency.
``(2) Consultation.--To the extent permissible under law,
the individual to whom a responsibility has been delegated
under paragraph (1) shall consult with the Chief Data Officer
of the agency in carrying out such responsibility.
``(3) Deference.--The Chief Data Officer of the agency
shall defer to the individual to whom a responsibility has
been delegated under paragraph (1) regarding the necessary
delegation of such responsibility with respect to any data
acquired, maintained, or disseminated by the agency under
applicable statistical law.
``(e) Reports.--The Chief Data Officer of an agency shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives an annual
report on the compliance of the agency with the requirements
of this subchapter, including information on each requirement
that the agency could not carry out and, if applicable, what
the agency needs to carry out such requirement.''.
(2) Technical and conforming amendment.--The item relating
to section 3520 of the table of sections at the beginning of
chapter 35 of title 44, United States Code, is amended to
read as follows:
``3520. Chief Data Officers.''.
(f) Chief Data Officer Council.--
(1) Amendment.--Subchapter I of chapter 35 of title 44,
United States Code, is amended by inserting before section
3521 the following new section:
``Sec. 3520A. Chief Data Officer Council
``(a) Establishment.--There is established in the Office of
Management and Budget a Chief Data Officer Council (in this
section referred to as the `Council').
``(b) Purpose and Functions.--The Council shall--
``(1) establish Governmentwide best practices for the use,
protection, dissemination, and generation of data;
``(2) promote and encourage data sharing agreements between
agencies;
``(3) identify ways in which agencies can improve upon the
production of evidence for use in policymaking;
``(4) consult with the public and engage with private users
of Government data and other stakeholders on how to improve
access to data assets of the Federal Government; and
``(5) identify and evaluate new technology solutions for
improving the collection and use of data.
``(c) Membership.--
``(1) In general.--The Chief Data Officer of each agency
shall serve as a member of the Council.
``(2) Chair.--The Director shall select the Chair of the
Council from among the members of the Council.
``(3) Additional members.--The Administrator of the Office
of Electronic Government shall serve as a member of the
Council.
``(4) Ex officio member.--The Director shall appoint a
representative for all Chief Information Officers and Chief
Evaluation Officers, and such representative shall serve as
an ex officio member of the Council.
``(d) Reports.--The Council shall submit to the Director,
the Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on Oversight and Government
Reform of the House of Representatives a biennial report on
the work of the Council.
``(e) Evaluation and Termination.--
[[Page H9285]]
``(1) GAO evaluation of council.--Not later than four 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 report under paragraph (1) to
Congress.''.
(2) Technical and conforming amendment.--The table of
sections at the beginning of chapter 35 of title 44, United
States Code, is amended by inserting before the item relating
to section 3521 the following new item:
``3520A. Chief Data Officer Council.''.
(g) Reports.--
(1) GAO report.--Not later than three years after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report that identifies, to the extent
practicable--
(A) the value of information made available to the public
as a result of this Act and the amendments made by this Act;
(B) whether the public availability of any information that
has not yet been made so available would be valuable to the
public; and
(C) the completeness of each comprehensive data inventory
developed under section 3511 of title 44, United States Code.
(2) Biennial omb report.--Not later than one year after
date of the enactment of this Act, and biennially thereafter,
the Director of the Office of Management and Budget shall
electronically publish a report on agency performance and
compliance with this Act and the amendments made by this Act.
TITLE III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Confidential Information
Protection and Statistical Efficiency Act of 2017''.
SEC. 302. CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY.
(a) In General.--Chapter 35 of title 44, United States
Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER III--CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL
EFFICIENCY
``PART A--GENERAL
``Sec. 3561. Definitions
``In this subchapter:
``(1) Agency.--The term `agency' means any entity that
falls within the definition of the term `executive agency',
as defined in section 102 of title 31, or `agency', as
defined in section 3502.
``(2) Agent.--The term `agent' means an individual--
``(A)(i) who is an employee of a private organization or a
researcher affiliated with an institution of higher learning
(including a person granted special sworn status by the
Bureau of the Census under section 23(c) of title 13), and
with whom a contract or other agreement is executed, on a
temporary basis, by an executive agency to perform
exclusively statistical activities under the control and
supervision of an officer or employee of that agency;
``(ii) who is working under the authority of a government
entity with which a contract or other agreement is executed
by an executive agency to perform exclusively statistical
activities under the control of an officer or employee of
that agency;
``(iii) who is a self-employed researcher, a consultant, a
contractor, or an employee of a contractor, and with whom a
contract or other agreement is executed by an executive
agency to perform a statistical activity under the control of
an officer or employee of that agency; or
``(iv) who is a contractor or an employee of a contractor,
and who is engaged by the agency to design or maintain the
systems for handling or storage of data received under this
subchapter; and
``(B) who agrees in writing to comply with all provisions
of law that affect information acquired by that agency.
``(3) Business data.--The term `business data' means
operating and financial data and information about
businesses, tax-exempt organizations, and government
entities.
``(4) Data asset.--The term `data asset' has the meaning
given that term in section 3502.
``(5) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(6) Evidence.--The term `evidence' means information
produced as a result of statistical activities conducted for
a statistical purpose.
``(7) Identifiable form.--The term `identifiable form'
means any representation of information that permits the
identity of the respondent to whom the information applies to
be reasonably inferred by either direct or indirect means.
``(8) Nonstatistical purpose.--The term `nonstatistical
purpose'--
``(A) means the use of data in identifiable form for any
purpose that is not a statistical purpose, including any
administrative, regulatory, law enforcement, adjudicatory, or
other purpose that affects the rights, privileges, or
benefits of a particular identifiable respondent; and
``(B) includes the disclosure under section 552 of title 5
of data that are acquired for exclusively statistical
purposes under a pledge of confidentiality.
``(9) Respondent.--The term `respondent' means a person
who, or organization that, is requested or required to supply
information to an agency, is the subject of information
requested or required to be supplied to an agency, or
provides that information to an agency.
``(10) Statistical activities.--The term `statistical
activities'--
``(A) means the collection, compilation, processing, or
analysis of data for the purpose of describing or making
estimates concerning the whole, or relevant groups or
components within, the economy, society, or the natural
environment; and
``(B) includes the development of methods or resources that
support those activities, such as measurement methods,
models, statistical classifications, or sampling frames.
``(11) Statistical agency or unit.--The term `statistical
agency or unit' means an agency or organizational unit of the
executive branch whose activities are predominantly the
collection, compilation, processing, or analysis of
information for statistical purposes, as designated by the
Director under section 3562.
``(12) Statistical purpose.--The term `statistical
purpose'--
``(A) means the description, estimation, or analysis of the
characteristics of groups, without identifying the
individuals or organizations that comprise such groups; and
``(B) includes the development, implementation, or
maintenance of methods, technical or administrative
procedures, or information resources that support the
purposes described in subparagraph (A).
``Sec. 3562. Coordination and oversight of policies
``(a) In General.--The Director shall coordinate and
oversee the confidentiality and disclosure policies
established by this subchapter. The Director may promulgate
rules or provide other guidance to ensure consistent
interpretation of this subchapter by the affected agencies.
The Director shall develop a process by which the Director
designates agencies or organizational units as statistical
agencies and units. The Director shall promulgate guidance to
implement such process, which shall include specific criteria
for such designation and methods by which the Director will
ensure transparency in the process.
``(b) Agency Rules.--Subject to subsection (c), agencies
may promulgate rules to implement this subchapter. Rules
governing disclosures of information that are authorized by
this subchapter shall be promulgated by the agency that
originally collected the information.
``(c) Review and Approval of Rules.--The Director shall
review any rules proposed by an agency pursuant to this
subchapter for consistency with the provisions of this
chapter and such rules shall be subject to the approval of
the Director.
``(d) Reports.--
``(1) The head of each agency shall provide to the Director
such reports and other information as the Director requests.
``(2) Each Designated Statistical Agency (as defined in
section 3576(e)) shall report annually to the Director, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate on the actions it has
taken to implement section 3576. The report shall include
copies of each written agreement entered into pursuant to
section 3576(c)(1) for the applicable year.
``(3) The Director shall include a summary of reports
submitted to the Director under this subsection and actions
taken by the Director to advance the purposes of this
subchapter in the annual report to Congress on statistical
programs prepared under section 3504(e)(2).
``Sec. 3563. Federal statistical agencies
``(a) Responsibilities.--
``(1) In general.--Each statistical agency or unit shall--
``(A) produce and disseminate relevant and timely
statistical information;
``(B) conduct credible and accurate statistical activities;
``(C) conduct objective statistical activities; and
``(D) protect the trust of information providers by
ensuring the confidentiality and exclusive statistical use of
their responses
``(2) Policies, best practices, and procedures.--Each
statistical agency or unit shall adopt policies, best
practices, and appropriate procedures to implement the
responsibilities described in paragraph (1).
``(b) Support From Other Agencies.--The head of each agency
shall enable, support, and facilitate statistical agencies or
units in carrying out the responsibilities described in
subsection (a)(1).
``(c) Regulations.--The Director shall prescribe
regulations to carry out this section.
``(d) Definitions.--In this section:
``(1) Accurate.--The term `accurate', when used with
respect to statistical activities, means statistics that
consistently match the events and trends being measured.
``(2) Confidentiality.--The term `confidentiality' means a
quality or condition accorded to information as an obligation
not to
[[Page H9286]]
disclose that information to an unauthorized party.
``(3) Objective.--The term `objective', when used with
respect to statistical activities, means accurate, clear,
complete, and unbiased.
``(4) Relevant.--The term `relevant', when used with
respect to statistical information, means processes,
activities, and other such matters likely to be useful to
policymakers and public and private sector data users.
``Sec. 3564. Effect on other laws
``(a) Title 44, United States Code.--This subchapter does
not diminish the authority under section 3510 of the Director
to direct, and of an agency to make, disclosures that are not
inconsistent with any applicable law.
``(b) Title 13 and Title 44, United States Code.--This
subchapter does not diminish the authority of the Bureau of
the Census to provide information in accordance with sections
8, 16, 301, and 401 of title 13 and section 2108 of this
title.
``(c) Title 13, United States Code.--This subchapter shall
not be construed as authorizing the disclosure for
nonstatistical purposes of demographic data or information
collected by the Bureau of the Census pursuant to section 9
of title 13.
``(d) Various Energy Statutes.--Data or information
acquired by the Energy Information Administration under a
pledge of confidentiality and designated by the Energy
Information Administration to be used for exclusively
statistical purposes shall not be disclosed in identifiable
form for nonstatistical purposes under--
``(1) section 12, 20, or 59 of the Federal Energy
Administration Act of 1974 (15 U.S.C. 771, 779, 790h);
``(2) section 11 of the Energy Supply and Environmental
Coordination Act of 1974 (15 U.S.C. 796); or
``(3) section 205 or 407 of the Department of Energy
Organization Act (42 U.S.C. 7135, 7177).
``(e) Section 201 of Congressional Budget Act of 1974.--
This subchapter shall not be construed to limit any
authorities of the Congressional Budget Office to work
(consistent with laws governing the confidentiality of
information the disclosure of which would be a violation of
law) with databases of Designated Statistical Agencies (as
defined in section 3576(e)), either separately or, for data
that may be shared pursuant to section 3576(c) or other
authority, jointly in order to improve the general utility of
these databases for the statistical purpose of analyzing
pension and health care financing issues.
``(f) Preemption of State Law.--Nothing in this subchapter
shall preempt applicable State law regarding the
confidentiality of data collected by the States.
``(g) Statutes Regarding False Statements.--Notwithstanding
section 3572, information collected by an agency for
exclusively statistical purposes under a pledge of
confidentiality may be provided by the collecting agency to a
law enforcement agency for the prosecution of submissions to
the collecting agency of false statistical information under
statutes that authorize criminal penalties (such as section
221 of title 13) or civil penalties for the provision of
false statistical information, unless such disclosure or use
would otherwise be prohibited under Federal law.
``(h) Construction.--Nothing in this subchapter shall be
construed as restricting or diminishing any confidentiality
protections or penalties for unauthorized disclosure that
otherwise apply to data or information collected for
statistical purposes or nonstatistical purposes, including,
but not limited to, section 6103 of the Internal Revenue Code
of 1986.
``(i) Authority of Congress.--Nothing in this subchapter
shall be construed to affect the authority of the Congress,
including its committees, members, or agents, to obtain data
or information for a statistical purpose, including for
oversight of an agency's statistical activities.
``PART B--CONFIDENTIAL INFORMATION PROTECTION
``Sec. 3571. Findings
``The Congress finds the following:
``(1) Individuals, businesses, and other organizations have
varying degrees of legal protection when providing
information to the agencies for strictly statistical
purposes.
``(2) Pledges of confidentiality by agencies provide
assurances to the public that information about individuals
or organizations or provided by individuals or organizations
for exclusively statistical purposes will be held in
confidence and will not be used against such individuals or
organizations in any agency action.
``(3) Protecting the confidentiality interests of
individuals or organizations who provide information under a
pledge of confidentiality for Federal statistical programs
serves both the interests of the public and the needs of
society.
``(4) Declining trust of the public in the protection of
information provided under a pledge of confidentiality to the
agencies adversely affects both the accuracy and completeness
of statistical analyses.
``(5) Ensuring that information provided under a pledge of
confidentiality for statistical purposes receives protection
is essential in continuing public cooperation in statistical
programs.
``Sec. 3572. Confidential information protection
``(a) Purposes.--The purposes of this section are the
following:
``(1) To ensure that information supplied by individuals or
organizations to an agency for statistical purposes under a
pledge of confidentiality is used exclusively for statistical
purposes.
``(2) To ensure that individuals or organizations who
supply information under a pledge of confidentiality to
agencies for statistical purposes will neither have that
information disclosed in identifiable form to anyone not
authorized by this subchapter nor have that information used
for any purpose other than a statistical purpose.
``(3) To safeguard the confidentiality of individually
identifiable information acquired under a pledge of
confidentiality for statistical purposes by controlling
access to, and uses made of, such information.
``(b) Use of Statistical Data or Information.--Data or
information acquired by an agency under a pledge of
confidentiality and for exclusively statistical purposes
shall be used by officers, employees, or agents of the agency
exclusively for statistical purposes and protected in
accordance with such pledge.
``(c) Disclosure of Statistical Data or Information.--
``(1) Data or information acquired by an agency under a
pledge of confidentiality for exclusively statistical
purposes shall not be disclosed by an agency in identifiable
form, for any use other than an exclusively statistical
purpose, except with the informed consent of the respondent.
``(2) A disclosure pursuant to paragraph (1) is authorized
only when the head of the agency approves such disclosure and
the disclosure is not prohibited by any other law.
``(3) This section does not restrict or diminish any
confidentiality protections in law that otherwise apply to
data or information acquired by an agency under a pledge of
confidentiality for exclusively statistical purposes.
``(d) Rule for Use of Data or Information for
Nonstatistical Purposes.--A statistical agency or unit shall
clearly distinguish any data or information it collects for
nonstatistical purposes (as authorized by law) and provide
notice to the public, before the data or information is
collected, that the data or information could be used for
nonstatistical purposes.
``(e) Designation of Agents.--A statistical agency or unit
may designate agents, by contract or by entering into a
special agreement containing the provisions required under
section 3561(2) for treatment as an agent under that section,
who may perform exclusively statistical activities, subject
to the limitations and penalties described in this
subchapter.
``(f) Fines and Penalties.--Whoever, being an officer,
employee, or agent of an agency acquiring information for
exclusively statistical purposes, having taken and subscribed
the oath of office, or having sworn to observe the
limitations imposed by this section, comes into possession of
such information by reason of his or her being an officer,
employee, or agent and, knowing that the disclosure of the
specific information is prohibited under the provisions of
this subchapter, willfully discloses the information in any
manner to a person or agency not entitled to receive it,
shall be guilty of a class E felony and imprisoned for not
more than 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.
[[Page H9287]]
``Sec. 3576. Designated Statistical Agencies
``(a) Purposes.--The purposes of this section are the
following:
``(1) To authorize the sharing of business data among the
Bureau of the Census, the Bureau of Economic Analysis, and
the Bureau of Labor Statistics for exclusively statistical
purposes.
``(2) To reduce the paperwork burdens imposed on businesses
that provide requested information to the Federal Government.
``(3) To improve the comparability and accuracy of Federal
economic statistics by allowing the Bureau of the Census, the
Bureau of Economic Analysis, and the Bureau of Labor
Statistics to update sample frames, develop consistent
classifications of establishments and companies into
industries, improve coverage, and reconcile significant
differences in data produced by the three agencies.
``(4) To increase understanding of the United States
economy, especially for key industry and regional statistics,
to develop more accurate measures of the impact of technology
on productivity growth, and to enhance the reliability of the
Nation's most important economic indicators, such as the
National Income and Product Accounts.
``(b) Responsibilities of Designated Statistical
Agencies.--The head of each of the Designated Statistical
Agencies shall--
``(1) identify opportunities to eliminate duplication and
otherwise reduce reporting burden and cost imposed on the
public in providing information for statistical purposes;
``(2) enter into joint statistical projects to improve the
quality and reduce the cost of statistical programs; and
``(3) protect the confidentiality of individually
identifiable information acquired for statistical purposes by
adhering to safeguard principles, including--
``(A) emphasizing to their officers, employees, and agents
the importance of protecting the confidentiality of
information in cases where the identity of individual
respondents can reasonably be inferred by either direct or
indirect means;
``(B) training their officers, employees, and agents in
their legal obligations to protect the confidentiality of
individually identifiable information and in the procedures
that must be followed to provide access to such information;
``(C) implementing appropriate measures to assure the
physical and electronic security of confidential data;
``(D) establishing a system of records that identifies
individuals accessing confidential data and the project for
which the data were required; and
``(E) being prepared to document their compliance with
safeguard principles to other agencies authorized by law to
monitor such compliance.
``(c) Sharing of Business Data Among Designated Statistical
Agencies.--
``(1) In general.--A Designated Statistical Agency may
provide business data in an identifiable form to another
Designated Statistical Agency under the terms of a written
agreement among the agencies sharing the business data that
specifies--
``(A) the business data to be shared;
``(B) the statistical purposes for which the business data
are to be used;
``(C) the officers, employees, and agents authorized to
examine the business data to be shared; and
``(D) appropriate security procedures to safeguard the
confidentiality of the business data.
``(2) Responsibilities of agencies under other laws.--The
provision of business data by an agency to a Designated
Statistical Agency under this section shall in no way alter
the responsibility of the agency providing the data under
other statutes (including sections 552 and 552b of title 5)
with respect to the provision or withholding of such
information by the agency providing the data.
``(3) Responsibilities of officers, employees, and
agents.--Examination of business data in identifiable form
shall be limited to the officers, employees, and agents
authorized to examine the individual reports in accordance
with written agreements pursuant to this section. Officers,
employees, and agents of a Designated Statistical Agency who
receive data pursuant to this section shall be subject to all
provisions of law, including penalties, that relate--
``(A) to the unlawful provision of the business data that
would apply to the officers, employees, and agents of the
agency that originally obtained the information; and
``(B) to the unlawful disclosure of the business data that
would apply to officers, employees, and agents of the agency
that originally obtained the information.
``(4) Notice.--Whenever a written agreement concerns data
that respondents were required by law to report and the
respondents were not informed that the data could be shared
among the Designated Statistical Agencies, for exclusively
statistical purposes, the terms of such agreement shall be
described in a public notice issued by the agency that
intends to provide the data. Such notice shall allow a
minimum of 60 days for public comment.
``(d) Limitations on Use of Business Data Provided by
Designated Statistical Agencies.--
``(1) General use.--Business data provided by a Designated
Statistical Agency pursuant to this section shall be used
exclusively for statistical purposes.
``(2) Publication.--Publication of business data acquired
by a Designated Statistical Agency shall occur in a manner
whereby the data furnished by any particular respondent are
not in identifiable form.
``(e) Designated Statistical Agency Defined.--In this
section, the term `Designated Statistical Agency' means each
of the following:
``(1) The Census Bureau of the Department of Commerce.
``(2) The Bureau of Economic Analysis of the Department of
Commerce.
``(3) The Bureau of Labor Statistics of the Department of
Labor.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 35 of title 44, United States Code, as
amended by proceeding provisions of this Act, is further
amended by adding at the end the following:
``subchapter iii--confidential information protection and statistical
efficiency
``Part A--General
``3561. Definitions.
``3562. Coordination and oversight of policies.
``3563. Federal statistical agencies.
``3564. Effect on other laws.
``Part B--Confidential Information Protection
``3571. Findings.
``3572. Confidential information protection.
``Part C--Statistical Efficiency
``3575. Findings.
``3576. Designated Statistical Agencies.''.
(c) Conforming Amendments.--
(1) Repeal of confidential information protection and
statistical efficiency act of 2002.--Title V of the E-
Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501
note) is repealed (and the table of contents of such Act
shall be conformed accordingly).
(2) Title 13, united states code.--Section 402 of title 13,
United States Code, is amended by striking ``the Confidential
Information Protection and Statistical Efficiency Act of
2002'' and inserting ``section 3576(e) of title 44''.
(3) Title 49, united states code.--Title 49, United States
Code, is amended--
(A) in section 6302(d)(4), by striking ``the Confidential
Information'' and all that follows through the period and
inserting ``section 3572 of title 44.''; and
(B) in section 6314(d)(2), by striking ``the Confidential
Information'' and all that follows through the period and
inserting ``section 3572 of title 44.''.
(4) Act of january 27, 1938.--The first section of the Act
of January 27, 1938, entitled ``An Act to make confidential
certain information furnished to the Bureau of Foreign and
Domestic Commerce, and for other purposes'' (52 Stat. 8,
chapter 11; 15 U.S.C. 176a), is amended by striking ``the
Confidential Information Protection and Statistical
Efficiency Act of 2002'' and inserting ``subchapter III of
chapter 35 of title 44, United States Code''.
(5) Fixing america's surface transportation act.--Section
7308(e)(2) of the Fixing America's Surface Transportation Act
(Public Law 114-94; 49 U.S.C. 20155 note) is amended by
striking ``the Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note)''
and inserting ``section 3572 of title 44, United States
Code''.
(d) Transitional and Savings Provisions.--
(1) Cutoff date.--This title replaces certain provisions of
law enacted on December 17, 2002. If a law enacted after that
date amends or repeals a provision replaced by this title,
that law is deemed to amend or repeal, as the case may be,
the corresponding provision enacted by this title. If a law
enacted after that date is otherwise inconsistent with this
title, it supersedes this title to the extent of the
inconsistency.
(2) Original date of enactment unchanged.--For purposes of
determining whether one provision of law supersedes another
based on enactment later in time, the date of the enactment
of a provision enacted by this title is deemed to be the date
of the enactment of the provision it replaced.
(3) References to provisions replaced.--A reference to a
provision of law replaced by this title, including a
reference in a regulation, order, or other law, is deemed to
refer to the corresponding provision enacted by this title.
(4) Regulations, orders, and other administrative
actions.--A regulation, order, or other administrative action
in effect under a provision of law replaced by this title
continues in effect under the corresponding provision enacted
by this title.
(5) Actions taken and offenses committed.--An action taken
or an offense committed under a provision of law replaced by
this title is deemed to have been taken or committed under
the corresponding provision enacted by this title.
SEC. 303. INCREASING ACCESS TO DATA FOR EVIDENCE.
(a) In General.--Subchapter III of chapter 35 of title 44,
United States Code, as added by section 302, is amended by
adding at the end the following new part:
``PART D--ACCESS TO DATA FOR EVIDENCE
``Sec. 3581. Presumption of accessibility for statistical
agencies and units
``(a) Accessibility of Data Assets.--The head of an agency
shall, to the extent practicable, make any data asset
maintained by the agency available, upon request, to any
statistical agency or unit for purposes of developing
evidence.
[[Page H9288]]
``(b) Limitations.--Subsection (a) does not apply to any
data asset that is subject to a statute that--
``(1) prohibits the sharing or intended use of such asset
in a manner as to leave no discretion on the issue; or
``(2) if enacted after the date of the enactment of this
section, specifically cites to this paragraph.
``(c) Regulations.--The Director shall prescribe
regulations for agencies to carry out this section. Such
regulations shall--
``(1) require the timely provision of data assets under
subsection (a);
``(2) provide a list of statutes that exempt agencies from
the requirement under subsection (a) pursuant to subsection
(b)(1); and
``(3) require a transparent process for statistical
agencies and units to request data assets from agencies and
for agencies to respond to such requests.
``(d) Rule of Construction.--Nothing in this section may be
construed as altering existing intellectual property rights
or the terms of any contract or other binding, written
agreement.
``Sec. 3582. Expanding secure access to CIPSEA data assets
``(a) Statistical Agency Responsibilities.--To the extent
practicable, each statistical agency or unit shall expand
access to data assets of such agency or unit acquired or
accessed under this subchapter to develop evidence while
protecting such assets from inappropriate access and use, in
accordance with the regulations promulgated under subsection
(b).
``(b) Regulations for Accessibility of Nonpublic Data
Assets.--The Director shall promulgate regulations, in
accordance with applicable law, for statistical agencies and
units to carry out the requirement under subsection (a). Such
regulations shall include the following:
``(1) Standards for each statistical agency or unit to
assess each data asset owned or accessed by the statistical
agency or unit for purposes of categorizing the sensitivity
level of each such asset and identifying the corresponding
level of accessibility to each such asset. Such standards
shall include--
``(A) common sensitivity levels and corresponding levels of
accessibility that may be assigned to a data asset, including
a requisite minimum and maximum number of sensitivity levels
for each statistical agency or unit to use;
``(B) criteria for determining the sensitivity level and
corresponding level of accessibility of each data asset; and
``(C) criteria for determining whether a less sensitive and
more accessible version of a data asset can be produced.
``(2) Standards for each statistical agency or unit to
improve access to a data asset pursuant to paragraph (1) or
(3) by removing or obscuring information in such a manner
that the identity of the data subject is less likely to be
reasonably inferred by either direct or indirect means.
``(3) A requirement for each statistical agency or unit to
conduct a comprehensive risk assessment of any data asset
acquired or accessed under this subchapter prior to any
public release of such asset, including standards for such
comprehensive risk assessment and criteria for making a
determination of whether to release the data.
``(4) Requirements for each statistical agency or unit to
make any process or assessment established, produced, or
conducted pursuant to this section transparent and easy to
understand, including the following:
``(A) A requirement to make information on the assessment
of the sensitivity level of each data asset conducted
pursuant to paragraph (1) available on the Federal data
catalogue established under section 3511(c)(1).
``(B) A requirement to make any comprehensive risk
assessment, and associated determinations, conducted under
paragraph (3) available on the Federal data catalogue
established under section 3511(c)(1).
``(C) A requirement to make any standard or policy
established by the statistical agency or unit to carry out
this section and any assessment conducted under this section
easily accessible on the public website of such agency or
unit.
``(c) Responsibilities of the Director.--The Director
shall--
``(1) make public all standards and policies established
under this section; and
``(2) ensure that statistical agencies and units have the
ability to make information public on the Federal data
catalogue established under section 3511(c)(1), in accordance
with requirements established pursuant to subsection (b).
``Sec. 3583. Application to access data assets for developing
evidence
``(a) Standard Application Process.--The Director shall
establish a process through which agencies, the Congressional
Budget Office, State, local, and Tribal governments,
researchers, and other individuals, as appropriate, may apply
to access the data assets accessed or acquired under this
subchapter by a statistical agency or unit for purposes of
developing evidence. The process shall include the following:
``(1) Sufficient detail to ensure that each statistical
agency or unit establishes an identical process.
``(2) A common application form.
``(3) Criteria for statistical agencies and units to
determine whether to grant an applicant access to a data
asset.
``(4) Timeframes for prompt determinations by each
statistical agency or unit.
``(5) An appeals process for adverse decisions and
noncompliance with the process established under this
subsection.
``(6) Standards for transparency, including requirements to
make the following information publicly available:
``(A) Each application received.
``(B) The status of each application.
``(C) The determination made for each application.
``(D) Any other information, as appropriate, to ensure full
transparency of the process established under this
subsection.
``(b) Consultation.--In establishing the process required
under subsection (a), the Director shall consult with
stakeholders, including the public, agencies, State and local
governments, and representatives of non-governmental
researchers.
``(c) Implementation.--The head of each statistical agency
or unit shall implement the process established under
subsection (a).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 35 of title 44, United States Code, as
amended by preceding provisions of this Act, is further
amended by adding at the end the following:
``Part D--Access to Data for Evidence
``3581. Presumption of accessibility for statistical agencies and
units.
``3582. Expanding secure access to CIPSEA data assets.
``3583. Application to access data assets for developing evidence.''.
(c) Deadline for Guidance and Implementation.--Not later
than one year after the date of the enactment of this Act,
the Director of the Office of Management and Budget shall
promulgate or issue any regulation or guidance required by
subchapter III of title 44, United States Code, as amended by
this section, with a requirement for such regulation or
guidance to be implemented not later than one year after the
date on which such regulation or guidance has been
promulgated or issued.
TITLE IV--GENERAL PROVISIONS
SEC. 401. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
may be construed--
(1) to require the disclosure of information or records
that are exempt from disclosure under section 552 of title 5,
United States Code (commonly known as the ``Freedom of
Information Act'');
(2) to create or expand an exemption from disclosure under
such section; or
(3) to affect the authority of a Federal agency regarding--
(A) intellectual property rights, including rights under
titles 17 and 35, United States Code;
(B) confidential business information that could be
withheld under section 552(b)(4) of title 5; or
(C) data assets restricted from disclosure under a contract
or other binding, written agreement.
SEC. 402. EFFECTIVE DATE.
Except as otherwise provided, this Act, and the amendments
made by this Act, shall take effect on the date that is 180
days after the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Farenthold) and the gentlewoman from New Jersey (Mrs. Watson
Coleman) each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. FARENTHOLD. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
in the Record extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. FARENTHOLD. Mr. Speaker, it is my distinct pleasure to yield 1
minute to the gentleman from Wisconsin (Mr. Ryan), the sponsor of the
bill and my friend, the Speaker of the House.
Mr. RYAN of Wisconsin. Mr. Speaker, first of all, I want to thank the
gentleman for yielding.
Mr. Speaker, I rise today in strong support of the Foundations for
Evidence-Based Policymaking Act.
First, I want to thank the sponsors of the bill. I want to thank Mr.
Farenthold. I want to thank Mr. Kilmer. I want to thank Chairman Gowdy.
Blake Farenthold and Derek Kilmer were the key drivers of this
measure, and they made it stronger by incorporating their OPEN
Government Data Act.
Trey Gowdy and his staff--I don't know where he is. He is probably
working on his hair. Trey Gowdy and his staff--especially Katy Rother--
spent countless hours working with our team--especially Ted McCann--and
others to turn the Commission on Evidence-Based Policymaking's vision
into legislation. All the members of this Commission did incredible
work.
I want to especially thank Senator Patty Murray for her willingness
to
[[Page H9289]]
work together on this issue. We may be on different sides of the aisle,
but there is one thing that we passionately agree on, and that is what
the government does, it should do it well. The taxpayer's money should
always be protected, and that is exactly why we came together to write
this bipartisan legislation.
So what does this bill actually do? It protects privacy. It improves
transparency. It ensures that Federal agencies are protecting the data
collected by the government.
The American people deserve to know and they deserve to understand
exactly what data the government is actually collecting. They deserve
to know that the strictest safeguards are placed on that data.
The driving purpose of this legislation is very simple: we are
requiring Federal agencies to prioritize evidence when they are
measuring a program's success.
Go figure.
Here is what we are talking about. Let's just take poverty, for
example. Instead of measuring success based on inputs, instead of
measuring success based on how many programs we have created, how much
money we are spending, how many people are on those programs, let's
measure success based on results: Is it working? Are people getting out
of poverty? Are the goals and objectives of these bills and these laws
actually being achieved or not?
By directing agencies to do this, no longer will ``we don't know'' be
an acceptable answer when asked if a program is actually working.
It is really just kind of crazy, but so much of what government does,
government doesn't actually see whether or not it is actually
succeeding at doing it. So we have got to get off of this input effort-
based system, this 20th century relic, and on to clearly identifiable,
evidence-based terms, conditions, data, results, outcomes.
With this bill, we are asking the Federal bureaucracy to step up its
game. We are asking ourselves: How can we improve the lives of our
fellow citizens by better understanding the programs that we put in
place? How can we make sure that the money that is being spent on
behalf of the hardworking taxpayers, who send the money here in the
first place, is being spent wisely, efficiently, effectively?
We need results, not just effort. This is just good, commonsense
policy, and it is going to mean a real sea change in how we solve
problems and how government actually works.
Mr. Speaker, I urge passage of this bill, and I thank the sponsors
for all of their hard work.
{time} 1445
Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the Foundations for Evidence-Based Policymaking Act, as
amended, would establish a framework to support greater access and use
of government data.
I want to thank Representatives Derek Kilmer and Blake Farenthold for
their work on the OPEN Government Data Act, which is the basis for
title II of this bill. I also want to thank Speaker Ryan, Senator
Murray, and Chairman Gowdy for their bipartisan work on this issue.
This bill would require that agencies make data ``open by default''
and develop a plan for building evidence in their agencies.
The bill would require that the Office of Management and Budget
develop a Federal catalog and inventory of agency data assets and that
each agency designate chief evaluation officers and chief data officers
who would work to ensure that agencies utilize data effectively.
The goal of this bill is to ensure that Congress and the executive
branch are able to make important policy decisions based on evidence.
This is not always the case. For example, take the Teen Pregnancy
Prevention Program. Funding for that program was recently cut even
though there is significant evidence that it works well.
If we are going to demand more and higher quality evidence from these
Federal agencies, it is imperative that Congress and the executive
branch advance policies supported by that evidence.
Mr. Speaker, I reserve the balance of my time.
Mr. FARENTHOLD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am here today to support H.R. 4174, introduced by
Speaker Ryan and of which I am an original cosponsor.
The American people deserve an efficient and effective Federal
Government. I think we can all agree on that. Taxpayers have the right
to know their money is being spent wisely. All too often,
decisionmakers throughout the Federal Government make choices without
sufficient evidence and data to inform them and guide them in making
those decisions.
In the previous Congress, Speaker Ryan and Senator Patty Murray
introduced the bicameral and bipartisan Evidence-Based Policymaking
Commission Act of 2016. The Commission was charged with studying and
making recommendations related to access and use of evidence to support
effective policymaking. Believe it or not, they finished in about a
year.
The Commission on Evidence-Based Policymaking released their report
September 7 of this year. The Commission made 22 recommendations on how
to improve how evidence is accessed, produced, secured, and maintained
by the Federal Government.
On September 26, 2017, the House Committee on Oversight and
Government Reform held a hearing entitled ``Recommendations of the
Commission on Evidence-Based Policymaking.'' At that hearing, four
members of the Commission explained the intent of the recommendations
and the need for more evidence to improve policymaking.
According to Dr. Ron Haskins, the co-chair of the Commission,
evidence showed that many of the Nation's social programs produced
modest to no impacts.
H.R. 4174, the Foundations for Evidence-Based Policymaking Act of
2017, addresses several recommendations from the final report issued by
the Commission.
The bill lays the groundwork for critical examination of what is
working and what is not working in the Federal Government. Policy
decisions should be based on facts. Those folks of my generation will
remember Sergeant Joe Friday in ``Dragnet:'' ``Just the facts, ma'am.''
That is what we are trying to get ahold of here.
According to the Commission on Evidence-Based Policymaking, too
little evidence is produced in the Federal Government to meet this
need. The Commission also found cumbersome and idiosyncratic data
access procedures create confusion, impose unnecessary costs, and are a
barrier to evidence building.
Additionally, according to the Government Accountability Office,
agencies' continued lack of evaluations may be the greatest barrier to
their informing managers and policymakers and constitutes a lost
opportunity to improve the efficiency and effectiveness of limited
government resources.
These barriers are standing between the taxpayers and the effective
government that they had paid for and that they deserve.
H.R. 4174 removes some of the barriers the Commission identified and
encourages agencies to expand the use of evidence in decisionmaking.
First, each agency will need to designate a chief evaluation officer
and submit annual evidence-building plans to Congress and the Office of
Management and Budget. This bill also establishes an advisory committee
to review, analyze, and make recommendations on how to expand access to
and use of data for evidence building.
It also includes the OPEN Government Data Act that Representative
Kilmer and I introduced. The OPEN Government Data Act addresses the
Commission's recommendation to expand access to information about data.
The OPEN Government Data Act requires Federal agencies to develop a
comprehensive inventory of Federal data and increases access to
specific data assets that are appropriate for public release. This
isn't personally identifiable, confidential, private, or classified
information.
It also establishes an open-by-default standard for Federal data,
meaning data will be available under an open format and open license,
and it will be
[[Page H9290]]
in a machine-readable format. We are going to crowdsource some of this
evidence building. We are going to let the private sector or nonprofits
or whomever access this data, find ways to use it, build data, and,
again, get more bang for the taxpayer's dollar.
The bill further improves data management and collection by codifying
the position of chief data officer and clarifying the CDO roles and
responsibilities.
Finally, H.R. 4174 establishes a process by which statistical
agencies can access data, ensure effective and consistent privacy
protections, and develop methods to reduce the sensitivity of data.
This will expand opportunities for use of the data by the evidence-
building community.
The Foundations for Evidence-Based Policymaking Act of 2017 was
reported favorably out of the House Committee on Oversight and
Government Reform.
I come back to the bottom line on this: Americans expect policymakers
to make decisions based on facts. And decisions based on facts are
better decisions that will save taxpayer money and be good for America.
H.R. 4174 will help make these expectations a reality.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mrs. WATSON COLEMAN. Mr. Speaker, I yield such time as he may consume
to the gentleman from Washington (Mr. Kilmer).
Mr. KILMER. Mr. Speaker, I thank the gentlewoman for yielding.
Imagine you are a coder and you have a great idea for an app that
predicts the weather or identifies traffic flows or helps people
navigate the social service system. You know how to code the app, but
you can't afford to set up your own system to collect the data--the
weather data or the traffic data or what have you.
Now, imagine you build the app and you can pull data that the
government is already collecting so you can build the app and use the
data. It turns out that you have got something that is either good at
predicting the weather or helping commuters or helping folks navigate
the social services system or whatever and it grows into a business.
You can actually employ people. You can put people to work. A project
that may have started as a hobby could become your life's work.
The Foundations for Evidence-Based Policymaking Act, and specifically
title II of this bill called the OPEN Government Data Act, will
actually help make stories like that become a common thing. This bill
gives entrepreneurs and innovators huge amounts of publicly funded data
so that they can innovate and come up with applications that we haven't
even thought of yet.
It also means that government agencies can share data more easily and
ultimately provide services more effectively. Most importantly, it
allows citizens to participate in their government by making government
more transparent and accountable.
Mr. Speaker, data is the spark that drives innovative ideas, and I
drafted the OPEN Government Data Act with Representatives Farenthold
and Senators Schatz and Sasse to support new startups by providing
innovators with the legal elbow room to use public information and
public data and to create jobs. It reduces the burden to entry by
lowering the cost to access and format data. It will open new business
opportunities.
Making more government data public will pump up the data analytics
boom currently driving new innovation, and I expect that access to this
data will lead to things that we haven't even thought up yet.
I am proud to work with Speaker Ryan, Chairman Gowdy, and Senator
Murray to incorporate that bill into this broader legislation. It will
help us measure how government programs are actually working or not.
Establishing a data inventory will help government officials
understand what data they have so that they can use it, and they don't
duplicate work that is already getting done.
Making the government's data searchable and accessible will help
public servants make better decisions, and it will help the public and
the press hold government more accountable.
Let me give you an example. Mr. Speaker, I represent more military
veterans than just about any Member of this body. Like many of us, I
was horrified to learn several years ago that the Department of
Veterans Affairs was struggling to provide the services and treatments
that were earned by military veterans. Now imagine if the House
Veterans' Affairs Committee or the Government Accountability Office or
even the VA had access to some of the data around wait times earlier.
The pain caused to veterans and their families could have been avoided.
Imagine if the leaders of the Veterans Administration knew that
newspapers were going to have access to that data, whether it be the
Kitsap Sun in my district or The New York Times or whoever. Imagine
that they were looking at that data, too.
It is time for government to move into the 21st century and start
using the data it is collecting to improve the services it is
providing.
Let me just speak briefly about what this bill does. This gets a
little wonky, but I actually think it is pretty important. This
legislation sets up a way for everyone to use the government's data. We
spent a long time working to make sure that the terms used in the bill
didn't trap government policy in this year or this decade. We hope that
this legislation will act as a building block for future technologies
and applications of Federal data.
We included some important pieces to ensure that data is not only
available, but that it is easily used. Data has to be machine-readable.
Many of us, I think, have gone on the internet and gotten a data set in
PDF form that you can't really do anything with. It is so annoying. It
is pretty obvious that in 2017 you should be able to use your computer
to find what you are looking for.
Data has to be open format, and data should be malleable.
Professionals inside and outside of government should be able to use
that data in various ways. Government data should be provided under an
open license. If the government owns the data, that means the people
paid for it, and they should be able to use it for free.
Let me quickly talk about what this bill doesn't do.
The bill does not take away safeguards that protect personal privacy,
national security, and intellectual property. The legislation would not
affect existing contracts, so the government is not going to go to
a contractor and say: Oh, by the way, your data is now free and
available to the public.
Importantly, the bill does not alter the government's need to pay for
private data rights in the future when it identifies private data that
it may want to access and have ownership of. This bill only applies to
data that is owned and controlled by the Federal Government. It does
not provide an advantage to one sector or technology over another.
Mr. Speaker, let me just say in closing, for the past 2 years,
several of us have worked on this issue and with experts throughout the
private and public sector to get this bill past the finish line. I am
proud to stand here today in support of a bipartisan bill that can move
our economy forward, that can improve efficiency in our government, and
can help citizens get more involved in our democratic republic.
Mr. Speaker, I urge my colleagues' support of this bill.
Mr. FARENTHOLD. Mr. Speaker, I yield 5 minutes to the gentleman from
Michigan (Mr. Mitchell), who is on the Oversight and Government Reform
Committee.
Mr. MITCHELL. Mr. Speaker, I rise today in support of H.R. 4174, the
Foundations for Evidence-Based Policymaking Act of 2017.
I am pleased to see the bill's sponsors and the Speaker move forward
with the reforms proposed by the Commission on Evidence-Based
Policymaking.
H.R. 4174 aims to create and use technology to assess and solve
problems; in other words, to make sure tools exist to gauge whether
programs work to best serve the American people. It is about utilizing
the data we already have to find out what works, what doesn't work, and
what could work for some changes.
The bill requires agencies to develop evidence-building plans, key
outcomes and return investment for the money the taxpayers pay, and
creates the position of a chief evaluation officer. Imagine that, we
have to actually create a position to evaluate because we
[[Page H9291]]
aren't doing it effectively now. It establishes an advisory committee
to study the Commission's recommendation that Congress create a
National Secure Data Service. It includes the OPEN Government Data Act,
which ensures that government aggregate data is available to consumers
in a usable format.
As my colleague said on the other side of the aisle, to make the data
malleable, to make the data open format so that, in fact, people can
assess not just in government agencies, but out in the public what the
data is saying about the programs that they pay for that we fund.
Finally, the bill also creates procedures to share that data across
Federal agencies and to require protection of individual data that
makes up all that aggregate data.
All of these provisions are critical to setting our government on a
path toward better serving the people in this country. Washington can
no longer assess quality based on how much money we dump into programs,
how many people we enroll--outcomes that don't tell us whether or not
they are succeeding. This can only be done with quality, accessible
data.
By allowing key data to be connected and reported, we can build
evidence to determine what does and doesn't work. More importantly, the
American people can see the evidence of what does and doesn't work
rather than just bureaucrats in Washington.
I would also like to point out how the reforms are working here to
lay the foundation for government and Congress to create new policies
that apply this information in novel ways.
This act, in its call for transparent, efficient, and well-designed
data systems, dovetails with other efforts in Congress for transparency
and sharing data.
A bill I am working on, the College Transparency Act, would do just
that for student data and outcomes data from colleges and universities
to better enable students and families to make more informed decisions
on one of the most important part of their lives: what postsecondary
education they pursue and what the outcome will be.
{time} 1500
This bill, and my bill, streamlines and updates higher education
information. It is time to utilize and make meaning out of all the data
we currently have and provide that to the taxpayers.
The Foundations for Evidence-Based Policymaking Act and the College
Transparency Act both share a few critical goals of the Commission on
Evidence-Based Policymaking:
First is the protection of the privacy of individuals that may be
reflected in the data. That is the first priority.
Second is the recommendation that information be more readily shared
across agencies. Agencies actually will share what they already know
about programs.
Third is that agencies develop a strategy to share this data with the
public who pays for those programs.
These provisions are fundamental to responsibly and effectively
utilizing the data that the taxpayers pay for. The Foundations for
Evidence-Based Policymaking Act sets in motion these commonsense
policies that will increase the return on investment for the taxpayers
and the outcomes of our programs.
The compartmentalization of data the government already collects and
barriers that prevent the reasonable sharing of it represent a
significant missed opportunity for the government to provide value to
taxpayers.
It amazes me that we had to create a commission to tell us to share
this data. Taxpayers have already paid for it. Why aren't we already
using it?
Long term, these plans are essential. I urge my colleagues to support
the bill.
Mrs. WATSON COLEMAN. Mr. Speaker, I yield back the balance of my
time.
Mr. FARENTHOLD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I will be brief.
This is a good government bill with bipartisan, bicameral support
that will give Americans access to the data that they have paid for,
will give lawmakers access to the data they need to make decisions, and
will give policymakers and leadership in the executive branch the data
they need to make better decisions to save taxpayers money and to do a
better job at the things that we are trying to do in government.
Mr. Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Farenthold) that the House suspend the rules
and pass the bill, H.R. 4174, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________