HB 2281

This bill creates the requirement for the fiscal review committee staff to have access to all information and records, confidential or otherwise, of any agency, in whatever form the information and records may be, that are directly related to the performance of the committee's statutory duties, including, direct electronic access to all agency data systems and databases containing programmatic, financial, contractual, or performance-related information. Access includes the ability to inspect, examine, que ry, and retrieve information and records maintained in paper, electronic, or other form, including: ' Administrative records, contracts, grant agreements, and related documents. ' Financial and accounting records, including transaction-level data. ' Program eligibility, utilization, outcome, and performance data. ' Records and data housed in enterprise, shared, or integrated data systems maintained by or on behalf of an agency. "AGENCY"" DEFINED As used in this bill, an "" a gency"" means the administrative office of the courts and any department, agency, board, commission, office, or other instrumentality of the executive branch of state government, including the departments of state and the treasury. This also includes the following entities: ' Tennessee education lottery corporation, ' Sports wagering council, ' Alcoholic beverage commission, ' Wildlife resources agency, and ' Tennessee higher education commission . METHODS OF COMPLIANCE WITH REQUESTS This bill requires such access to be provided as requested by the fiscal review committee staff through any of the following methods : ' Direct, secure electronic access to relevant data systems and databases . ' Provision of data extracts, reports, or other machine-readable files . ' On-site access to systems and records at agency locations, when necessary to protect system integrity or data security. EXEMPTIONS TO DISCLOSURE This bill does not require an agency to disclose information or provide system access where disclosure to fiscal review committee staff is expressly prohibited by state law, federal law, a federal grant, or participation agreement that has the force of law, or by court order. If an agency asserts that state law, federal law, or court order prohibits disclosure of requested information or denies system access: ' The agency must, within 10 business days of the request, provide to the fiscal review committee staff a written explanation identifying the specific legal authority relied upon; and the scope of information or access claimed to be restricted. ' The agency and the fiscal review committee staff must make reasonable efforts to identify redacted, de-identified, aggregated, or limited-access data that may be provided consistent with applicable law or court order; and any technical or procedural accommodations, including on-site review or restricted-use workspaces, that allow the committee to perform its duties while maintaining legal protections. CONFIDENTIALITY This bill provides that i nformation and records obtained by fiscal review committee staff that are otherwise confidential under state or federal law, and for which the disclosure to fiscal review committee staff is not prohibited by state or federal law or court order, retain con fidential status while in the possession of the committee and are not public records. This bill requires f iscal review committee staff to maintain appropriate safeguards for confidential information, including training, access controls, and secure storage and transmission consistent with any applicable state information-security standards. Confidential information and records obtained must be used solely for the performance of the committee's statutory duties. Fiscal review committee staff is prohibited from disclos ing such confidential information and records to any person, except as fol lows: ' In aggregate, de-identified, or summary form in reports to the general assembly . ' As otherwise expressly authorized by law. TIME PERIOD IN WHICH TO COMPLY WITH A REQUEST Unless a shorter period is required under other law, this bill requires an agency to provide information or access requested by fiscal review committee staff as soon as practicable and without unnecessary delay, and no more than 15 business days after actual receipt of the request, unless the agency and committee mutually agree to an alternative schedule for voluminous or technically complex requests. COMPREHENSIVE LISTING OF ALL DATA SYSTEMS AND DATABASES OF AN AGENCY Within 30 days of the effective date of this bill, and no later than January 1 of each year thereafter, this bill requires all agencies to provide in writing to the fiscal review committee staff a comprehensive listing of all data systems and databases used by the agency, including, the names of all data sets contained within any such data system or database, the types of data within each data set, and an explanation of the actual or potential uses of such data sets. SCOPE OF AUTHORITY This bill does not do any of the following: ' Authorize fiscal review committee staff to alter or update agency data systems or records. ' Diminish the authority of the comptroller of the treasury, the office of legislative budget analysis, or any other legislative office that has existing statutory access to agency data. ' Limit the ability of the general assembly to enact more specific data-access provisions for particular programs, agencies, or subject-matter domains. REQUEST FOR SERVICES OR ADVICE FROM LIS AND OLS This bill authorizes the fiscal review committee staff to request services or advice from the office of legislative information systems (LIS) and the office of legal services (OLS) to assist the committee in the committee's implementation and administration of this bill. ACCESS TO DATA HELD BY COMMISSIONER OF FINANCE AND ADMINISTRATION This bill requires the commissioner of finance and administration to provide the office of legislative budget analysis with full access, including access to budget requests submitted by the various departments and agencies, to the following data and information :  Historical data from the state's Budget Entry Analysis and Reporting System (BEARS).  The state's Sherpa budget formulation and management system, or any successor budget management system.  Any information or data held by the office of evidence and impact (OEI), or any successor office."