[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2852 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 718
114th CONGRESS
  2d Session
                                S. 2852

                          [Report No. 114-396]

To expand the Government's use and administration of data to facilitate 
   transparency, effective governance, and innovation, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2016

  Mr. Schatz (for himself, Mr. Sasse, and Mr. Peters) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                            December 8, 2016

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To expand the Government's use and administration of data to facilitate 
   transparency, effective governance, and innovation, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Open, 
Public, Electronic, and Necessary Government Data Act'' or the ``OPEN 
Government Data Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings; agency defined.
<DELETED>Sec. 3. Rule of construction.
<DELETED>Sec. 4. Federal information policy definitions.
<DELETED>Sec. 5. Requirement for making open and machine-readable the 
                            default for Government data.
<DELETED>Sec. 6. Responsibilities of the Office of Electronic 
                            Government.
<DELETED>Sec. 7. Data inventory and planning.
<DELETED>Sec. 8. Technology portal.
<DELETED>Sec. 9. Enhanced responsibilities for chief information 
                            officers and chief information officers 
                            council duties.
<DELETED>Sec. 10. Evaluation of agency analytical capabilities.
<DELETED>Sec. 11. Effective date.

<DELETED>SEC. 2. FINDINGS; AGENCY DEFINED.</DELETED>

<DELETED>    (a) Findings.--The Congress finds the following:</DELETED>
        <DELETED>    (1) Federal Government data is a valuable national 
        resource. Managing Federal Government data to make it open, 
        available, discoverable, and useable to the general public, 
        businesses, journalists, academics, and advocates promotes 
        efficiency and effectiveness in Government, creates economic 
        opportunities, promotes scientific discovery, and most 
        importantly, strengthens our democracy.</DELETED>
        <DELETED>    (2) Maximizing the usefulness of Federal 
        Government data that is appropriate for release rests upon 
        making it readily available, discoverable, and usable--in a 
        word: open. Information presumptively should be available to 
        the general public unless the Federal Government reasonably 
        foresees that disclosure could harm a specific, articulable 
        interest protected by law or the Federal Government is 
        otherwise expressly prohibited from releasing such data due to 
        statutory requirements.</DELETED>
        <DELETED>    (3) The Federal Government has the responsibility 
        to be transparent and accountable to its citizens.</DELETED>
        <DELETED>    (4) Data controlled, collected, or created by the 
        Federal Government should be originated, transmitted, and 
        published in modern, open, and electronic format, to be as 
        readily accessible as possible, consistent with data standards 
        imbued with authority under this Act and to the extent 
        permitted by law.</DELETED>
        <DELETED>    (5) The effort to inventory Government data will 
        have additional benefits, including identifying opportunities 
        within agencies to reduce waste, increase efficiencies, and 
        save taxpayer dollars. As such, this effort should involve many 
        types of data, including data generated by applications, 
        devices, networks, and equipment, which can be harnessed to 
        improve operations, lower energy consumption, reduce costs, and 
        strengthen security.</DELETED>
        <DELETED>    (6) Communication, commerce, and data transcend 
        national borders. Global access to Government information is 
        often essential to promoting innovation, scientific discovery, 
        entrepreneurship, education, and the general welfare.</DELETED>
<DELETED>    (b) Agency Defined.--In this Act, the term ``agency'' has 
the meaning given that term in section 3502 of title 44, United States 
Code, and includes the Federal Election Commission.</DELETED>

<DELETED>SEC. 3. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    Nothing in this Act, or the amendments made by this Act, 
shall be construed to require the disclosure of information or records 
that are exempt from public disclosure under section 552 of title 5, 
United States Code.</DELETED>

<DELETED>SEC. 4. FEDERAL INFORMATION POLICY DEFINITIONS.</DELETED>

<DELETED>    Section 3502 of title 44, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in paragraph (13), by striking ``; and'' at 
        the end and inserting a semicolon;</DELETED>
        <DELETED>    (2) in paragraph (14), by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (3) by inserting at the end the following new 
        paragraphs:</DELETED>
        <DELETED>    ``(15) the term `data' means recorded information, 
        regardless of form or the media on which the data is 
        recorded;</DELETED>
        <DELETED>    ``(16) the term `data asset' means a collection of 
        data elements or data sets that may be grouped 
        together;</DELETED>
        <DELETED>    ``(17) the term `Enterprise Data Inventory' means 
        the data inventory developed and maintained pursuant to section 
        3523;</DELETED>
        <DELETED>    ``(18) the term `machine-readable' means a format 
        in which information or data can be easily processed by a 
        computer without human intervention while ensuring no semantic 
        meaning is lost;</DELETED>
        <DELETED>    ``(19) 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;</DELETED>
        <DELETED>    ``(20) the term `nonpublic data asset'--</DELETED>
                <DELETED>    ``(A) means a data asset that may not be 
                made available to the public for privacy, security, 
                confidentiality, regulation, or other reasons as 
                determined by law; and</DELETED>
                <DELETED>    ``(B) includes data provided by 
                contractors that is protected by contract, license, 
                patent, trademark, copyright, confidentiality, 
                regulation, or other restriction;</DELETED>
        <DELETED>    ``(21) the term `open format' means a technical 
        format based on an underlying open standard that is--</DELETED>
                <DELETED>    ``(A) not encumbered by restrictions that 
                would impede use or reuse; and</DELETED>
                <DELETED>    ``(B) based on an underlying open standard 
                that is maintained by a standards 
                organization;</DELETED>
        <DELETED>    ``(22) the term `open Government data' means a 
        Federal Government public data asset that is--</DELETED>
                <DELETED>    ``(A) machine-readable;</DELETED>
                <DELETED>    ``(B) available in an open format; 
                and</DELETED>
                <DELETED>    ``(C) part of the worldwide public domain 
                or, if necessary, published with an open 
                license;</DELETED>
        <DELETED>    ``(23) the term `open license' means a legal 
        guarantee applied to a data asset that is made available to the 
        public that such data asset is made available--</DELETED>
                <DELETED>    ``(A) at no cost to the public; 
                and</DELETED>
                <DELETED>    ``(B) with no restrictions on copying, 
                publishing, distributing, transmitting, citing, or 
                adapting; and</DELETED>
        <DELETED>    ``(24) the term `public data asset' means a 
        collection of data elements or a data set maintained by the 
        Government that--</DELETED>
                <DELETED>    ``(A) may be released; or</DELETED>
                <DELETED>    ``(B) has been released to the public in 
                an open format and is discoverable through a search of 
                Data.gov.''.</DELETED>

<DELETED>SEC. 5. REQUIREMENT FOR MAKING OPEN AND MACHINE-READABLE THE 
              DEFAULT FOR GOVERNMENT DATA.</DELETED>

<DELETED>    (a) Amendment.--Subchapter I of chapter 35 of title 44, 
United States Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 3522. Requirements for Government data</DELETED>
<DELETED>    ``(a) Machine-Readable Data Required.--Government data 
assets made available by an agency shall be published as machine-
readable data.</DELETED>
<DELETED>    ``(b) Open by Default.--When not otherwise prohibited by 
law, Government data assets shall--</DELETED>
        <DELETED>    ``(1) be available in an open format; 
        and</DELETED>
        <DELETED>    ``(2) be available under open licenses.</DELETED>
<DELETED>    ``(c) Open License or Worldwide Public Domain Dedication 
Required.--When not otherwise prohibited by law, Government data assets 
published by or for an agency shall be made available under an open 
license or, if not made available under an open license and 
appropriately released, shall be considered to be published as part of 
the worldwide public domain.</DELETED>
<DELETED>    ``(d) Innovation.--Each agency may engage with 
nongovernmental organizations, citizens, non-profit organizations, 
colleges and universities, private and public companies, and other 
agencies to explore opportunities to leverage the agency's public data 
asset in a manner that may provide new opportunities for innovation in 
the public and private sectors in accordance with law and 
regulation.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table of 
sections for subchapter I of chapter 35 of title 44, United States 
Code, is amended by adding at the end the following new item:</DELETED>

<DELETED>``Sec. 3522. Requirements for Government data.''.
<DELETED>    (c) Effective Date.--The amendments made by subsections 
(a) and (b) shall take effect 270 days after the date of the enactment 
of this Act and shall apply with respect to any contract entered into 
by an agency on or after such effective date.</DELETED>
<DELETED>    (d) Use of Open Data Assets.--Not later than 270 days 
after the date of the enactment of this section, the head of each 
agency shall ensure that any activities by the agency or any new 
contract entered into by the agency meet the requirements of section 
3522 of title 44, United States Code, as added by subsection 
(a).</DELETED>

<DELETED>SEC. 6. RESPONSIBILITIES OF THE OFFICE OF ELECTRONIC 
              GOVERNMENT.</DELETED>

<DELETED>    (a) Coordination of Federal Information Resources 
Management Policy.--Section 3503 of title 44, United States Code, is 
amended by adding at the end the following new subsection:</DELETED>
<DELETED>    ``(c) Coordination of Federal Information Resources 
Management Policy.--The Administrator of the Office of Information and 
Regulatory Affairs shall work with the Federal Chief Information 
Officer and with the heads of other offices within the Office of 
Management and Budget to oversee and advise the Director on Federal 
information resources management policy.''.</DELETED>
<DELETED>    (b) Authority and Functions of Director.--Section 3504(h) 
of title 44, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by inserting ``, the Federal 
        Chief Information Officer,'' after ``the Director of the 
        National Institute of Standards and Technology'';</DELETED>
        <DELETED>    (2) in paragraph (4)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by striking ``; 
                and'' and inserting a semicolon; and</DELETED>
                <DELETED>    (B) by inserting at the end the following 
                new subparagraph:</DELETED>
                <DELETED>    ``(C) oversee the completeness of the 
                Enterprise Data Inventory and the extent to which the 
                agency is making all data collected and generated by 
                the agency available to the public in accordance with 
                section 3523;'';</DELETED>
        <DELETED>    (3) in paragraph (5), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (4) by inserting at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(6) coordinate the development and review of 
        Federal information resources management policy by the 
        Administrator of the Office of Information and Regulatory 
        Affairs and the Federal Chief Information Officer.''.</DELETED>
<DELETED>    (c) Change of Name of the Office of Electronic 
Government.--</DELETED>
        <DELETED>    (1) Definitions.--Section 3601 of title 44, United 
        States Code, is amended--</DELETED>
                <DELETED>    (A) by striking paragraph (1);</DELETED>
                <DELETED>    (B) by redesignating paragraphs (2) 
                through (4) as paragraphs (1) through (3), 
                respectively; and</DELETED>
                <DELETED>    (C) by inserting after paragraph (3), as 
                so redesignated, the following new paragraph:</DELETED>
        <DELETED>    ``(4) `Federal Chief Information Officer' means 
        the Federal Chief Information Officer of the Office of the 
        Federal Chief Information Officer established under section 
        3602;''.</DELETED>
        <DELETED>    (2) Office of the federal chief information 
        officer.--Section 3602 of title 44, United States Code, is 
        amended--</DELETED>
                <DELETED>    (A) in the heading, by striking 
                ``Electronic Government'' and inserting ``the Federal 
                Chief Information Officer'';</DELETED>
                <DELETED>    (B) in subsection (a), by striking 
                ``Office of Electronic Government'' and inserting 
                ``Office of the Federal Chief Information 
                Officer'';</DELETED>
                <DELETED>    (C) in subsection (b), by striking ``an 
                Administrator'' and inserting ``a Federal Chief 
                Information Officer'';</DELETED>
                <DELETED>    (D) in subsection (c), by striking ``The 
                Administrator'' and inserting ``The Federal Chief 
                Information Officer'';</DELETED>
                <DELETED>    (E) in subsection (d), by striking ``The 
                Administrator'' and inserting ``The Federal Chief 
                Information Officer'';</DELETED>
                <DELETED>    (F) in subsection (e), by striking ``The 
                Administrator'' and inserting ``The Federal Chief 
                Information Officer'';</DELETED>
                <DELETED>    (G) in subsection (f)--</DELETED>
                        <DELETED>    (i) by striking ``the 
                        Administrator shall'' and inserting ``the 
                        Federal Chief Information Officer shall''; 
                        and</DELETED>
                        <DELETED>    (ii) in paragraph (16), by 
                        striking ``the Office of Electronic 
                        Government'' and inserting ``the Office of the 
                        Federal Chief Information Officer''; 
                        and</DELETED>
                <DELETED>    (H) in subsection (g), by striking ``the 
                Office of Electronic Government'' and inserting ``the 
                Office of the Federal Chief Information 
                Officer''.</DELETED>
        <DELETED>    (3) Chief information officers council.--Section 
        3603 of title 44, United States Code, is amended--</DELETED>
                <DELETED>    (A) in subsection (b)(2), by striking 
                ``The Administrator of the Office of Electronic 
                Government'' and inserting ``The Federal Chief 
                Information Officer'';</DELETED>
                <DELETED>    (B) in subsection (c)(1), by striking 
                ``The Administrator of the Office of Electronic 
                Government'' and inserting ``The Federal Chief 
                Information Officer''; and</DELETED>
                <DELETED>    (C) in subsection (f)(3), by striking 
                ``the Administrator'' and inserting ``the Federal Chief 
                Information Officer''.</DELETED>
        <DELETED>    (4) E-government fund.--Section 3604 of title 44, 
        United States Code, is amended--</DELETED>
                <DELETED>    (A) in subsection (a)(2), by striking 
                ``the Administrator of the Office of Electronic 
                Government'' and inserting ``the Federal Chief 
                Information Officer'';</DELETED>
                <DELETED>    (B) in subsection (b), by striking 
                ``Administrator'', each place it appears, and inserting 
                ``Federal Chief Information Officer''; and</DELETED>
                <DELETED>    (C) in subsection (c), by striking ``the 
                Administrator'' and inserting ``the Federal Chief 
                Information Officer''.</DELETED>
        <DELETED>    (5) Program to encourage innovative solutions to 
        enhance electronic government services and processes.--Section 
        3605 of title 44, United States Code, is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking ``The 
                Administrator'' and inserting ``The Federal Chief 
                Information Officer'';</DELETED>
                <DELETED>    (B) in subsection (b), by striking ``, the 
                Administrator,'' and inserting ``, the Federal Chief 
                Information Officer,''; and</DELETED>
                <DELETED>    (C) in subsection (c)--</DELETED>
                        <DELETED>    (i) in paragraph (1)--</DELETED>
                                <DELETED>    (I) by striking ``The 
                                Administrator'' and inserting ``The 
                                Federal Chief Information Officer''; 
                                and</DELETED>
                                <DELETED>    (II) by striking 
                                ``proposals submitted to the 
                                Administrator'' and inserting 
                                ``proposals submitted to the Federal 
                                Chief Information Officer'';</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``the Administrator'' and inserting ``the 
                        Federal Chief Information Officer''; 
                        and</DELETED>
                        <DELETED>    (iii) in paragraph (4), by 
                        striking ``the Administrator'' and inserting 
                        ``the Federal Chief Information 
                        Officer''.</DELETED>
        <DELETED>    (6) Technical and conforming amendments.--
        </DELETED>
                <DELETED>    (A) Table of sections.--The table of 
                sections for chapter 36 of title 44, United States 
                Code, is amended by striking the item relating to 
                section 3602 and inserting the following new 
                item:</DELETED>

        <DELETED>``3602. Office of the Federal Chief Information 
                            Officer.''.
                <DELETED>    (B) Positions at level iii.--Section 5314 
                of title 5, United States Code, is amended by striking 
                ``Administrator of the Office of Electronic 
                Government'' and inserting ``Federal Chief Information 
                Officer''.</DELETED>
                <DELETED>    (C) Office of electronic government.--
                Section 507 of title 31, United States Code, is amended 
                by striking ``The Office of Electronic Government'' and 
                inserting ``The Office of the Federal Chief Information 
                Officer''.</DELETED>
                <DELETED>    (D) Electronic government and information 
                technologies.--Section 305 of title 40, United States 
                Code, is amended by striking ``Administrator of the 
                Office of Electronic Government'' and inserting 
                ``Federal Chief Information Officer''.</DELETED>
                <DELETED>    (E) Capital planning and investment 
                control.--Section 11302(c)(4) of title 40, United 
                States Code, is amended by striking ``Administrator of 
                the Office of Electronic Government'', each place it 
                appears, and inserting ``Federal Chief Information 
                Officer''.</DELETED>
                <DELETED>    (F) Resources, planning, and portfolio 
                management.--The second subsection (c) of section 11319 
                of title 40, United States Code, is amended by striking 
                ``Administrator of the Office of Electronic 
                Government'', each place it appears, and inserting 
                ``Federal Chief Information Officer''.</DELETED>
        <DELETED>    (7) Rule of construction.--The amendments made by 
        this subsection were to change the name of the Office of 
        Electronic Government and the Administrator of such office and 
        shall not be construed to effect any of the substantive 
        provisions of the provisions amended or to require a new 
        appointment by the President.</DELETED>

<DELETED>SEC. 7. DATA INVENTORY AND PLANNING.</DELETED>

<DELETED>    (a) Enterprise Data Inventory.--</DELETED>
        <DELETED>    (1) Amendment.--Subchapter I of chapter 35 of 
        title 44, United States Code, as amended by section 5, is 
        further amended by adding at the end the following new 
        section:</DELETED>
<DELETED>``Sec. 3523. Enterprise data inventory</DELETED>
<DELETED>    ``(a) Agency Data Inventory Required.--In order to develop 
a clear and comprehensive understanding of the data assets in the 
possession of an agency, the head of each agency, in consultation with 
the Director of the Office of Management and Budget, shall develop and 
maintain an enterprise data inventory (in this section, referred to as 
the `Enterprise Data Inventory') that accounts for any data asset 
created, collected, under the control or direction of, or maintained by 
the agency after the effective date of this section, with the ultimate 
goal of including all data assets, to the extent practicable. The 
Enterprise Data Inventory shall include each of the 
following:</DELETED>
        <DELETED>    ``(1) Data assets used in agency information 
        systems, including program administration, statistical, and 
        financial activity.</DELETED>
        <DELETED>    ``(2) Data assets shared or maintained across 
        agency programs and bureaus.</DELETED>
        <DELETED>    ``(3) Data assets that are shared among agencies 
        or created by more than 1 agency.</DELETED>
        <DELETED>    ``(4) A clear indication of all data assets that 
        can be made publicly available under section 552 of title 
        5.</DELETED>
        <DELETED>    ``(5) A description of whether the agency has 
        determined that an individual data asset may be made publicly 
        available and whether such data asset is currently available to 
        the public.</DELETED>
        <DELETED>    ``(6) Nonpublic data assets.</DELETED>
        <DELETED>    ``(7) Government data assets generated by 
        applications, devices, networks, and equipment, categorized by 
        source type.</DELETED>
<DELETED>    ``(b) Public Availability.--The Chief Information Officer 
of each agency shall use the guidance provided by the Director issued 
pursuant to section 3504(a)(1)(C)(ii) to make public data assets 
included in the Enterprise Data Inventory publicly available in an open 
format and under an open license.</DELETED>
<DELETED>    ``(c) Non-Public Data.--Non-public data included in the 
Enterprise Data Inventory may be maintained in a non-public section of 
the inventory.</DELETED>
<DELETED>    ``(d) Availability of Enterprise Data Inventory.--The 
Chief Information Officer of each agency--</DELETED>
        <DELETED>    ``(1) shall make the Enterprise Data Inventory 
        available to the public on Data.gov;</DELETED>
        <DELETED>    ``(2) shall ensure that access to the Enterprise 
        Data Inventory and the data contained therein shall be 
        consistent with applicable law and regulation; and</DELETED>
        <DELETED>    ``(3) may implement paragraph (1) in a manner that 
        maintains a non-public portion of the Enterprise Data 
        Inventory.</DELETED>
<DELETED>    ``(e) Regular Updates Required.--The Chief Information 
Officer of each agency shall update the Enterprise Data Inventory for 
such agency not less than annually.</DELETED>
<DELETED>    ``(f) Use of Existing Resources.--The Chief Information 
Officer of each agency shall use existing procedures and systems to 
compile and publish the Enterprise Data Inventory for such agency when 
practicable.''.</DELETED>
        <DELETED>    (2) Technical and conforming amendment.--The table 
        of sections for subchapter I of chapter 35 of title 44, United 
        States Code, as amended by section 5, is further amended by 
        adding at the end the following new item:</DELETED>

<DELETED>``Sec. 3523. Enterprise data inventory.''.
<DELETED>    (b) Standards for Enterprise Data Inventory.--Section 
3504(a)(1) of title 44, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in subparagraph (B)--</DELETED>
                <DELETED>    (A) by moving clause (vi) two ems to the 
                left; and</DELETED>
                <DELETED>    (B) in clause (vi), by striking the period 
                at the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by inserting at the end the following new 
        subparagraph:</DELETED>
        <DELETED>    ``(C) issue standards for the Enterprise Data 
        Inventory described in section 3523, including--</DELETED>
                <DELETED>    ``(i) a requirement that the Enterprise 
                Data Inventory include a compilation of metadata about 
                agency data assets; and</DELETED>
                <DELETED>    ``(ii) criteria that the head of each 
                agency shall use in determining whether to make a 
                particular data asset publicly available in a manner 
                that takes into account--</DELETED>
                        <DELETED>    ``(I) the expectation of 
                        confidentiality associated with an individual 
                        data asset;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(III) cost and value to the 
                        public of converting the data into a manner 
                        that could be understood and used by the 
                        public;</DELETED>
                        <DELETED>    ``(IV) the expectation that all 
                        data assets that would otherwise be made 
                        available under section 552 of title 5 
                        (commonly referred to as the Freedom of 
                        Information Act) be disclosed; and</DELETED>
                        <DELETED>    ``(V) any other considerations 
                        that the Director determines to be 
                        relevant.''.</DELETED>
<DELETED>    (c) Federal Agency Responsibilities.--Section 3506 of 
title 44, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)(C), by striking 
                ``security;'' and inserting the following: ``security 
                by--</DELETED>
                        <DELETED>    ``(i) using open format for any 
                        new Government data asset created or obtained 
                        on the date that is 180 days after the date of 
                        the enactment of this clause; and</DELETED>
                        <DELETED>    ``(ii) encouraging the adoption of 
                        open format for all open Government data 
                        created or obtained before the date of the 
                        enactment of this clause;''.</DELETED>
                <DELETED>    (B) in paragraph (4), by striking 
                ``subchapter; and'' and inserting ``subchapter and a 
                review of each agency's Enterprise Data Inventory 
                described in section 3523;'';</DELETED>
                <DELETED>    (C) in paragraph (5), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (D) by inserting at the end the following 
                new paragraph:</DELETED>
        <DELETED>    ``(6) in consultation with the Director, develop 
        an open data plan as a part of the requirement for a strategic 
        information resources management plan described in paragraph 
        (2) that, at a minimum--</DELETED>
                <DELETED>    ``(A) requires the agency to develop 
                processes and procedures that--</DELETED>
                        <DELETED>    ``(i) require each new data 
                        collection mechanism to use an open format; 
                        and</DELETED>
                        <DELETED>    ``(ii) allow the agency to 
                        collaborate with non-Government entities, 
                        researchers, businesses, and private citizens 
                        for the purpose of understanding how data users 
                        value and use open Government data;</DELETED>
                <DELETED>    ``(B) 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, recommendations for 
                improvements, and complaints about adherence to open 
                data requirements in accordance with subsection 
                (d)(2);</DELETED>
                <DELETED>    ``(C) develops and implements a process to 
                evaluate and improve the timeliness, completeness, 
                accuracy, usefulness, and availability of open 
                Government data;</DELETED>
                <DELETED>    ``(D) requires the agency to update the 
                plan at an interval determined by the 
                Director;</DELETED>
                <DELETED>    ``(E) includes requirements for meeting 
                the goals of the agency open data plan including 
                technology, training for employees, and implementing 
                procurement standards, in accordance with existing law, 
                that allow for the acquisition of innovative solutions 
                from the public and private sector; and</DELETED>
                <DELETED>    ``(F) prohibits the dissemination and 
                accidental disclosure of nonpublic data 
                assets.'';</DELETED>
        <DELETED>    (2) in subsection (c), by striking ``With respect 
        to'' and inserting ``Except as provided under subsection (j), 
        with respect to'';</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``shall'';</DELETED>
                <DELETED>    (B) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by inserting ``shall'' before 
                        ``ensure'';</DELETED>
                        <DELETED>    (ii) in subparagraph (A), by 
                        striking ``sources'' and inserting ``sources 
                        and uses''; and</DELETED>
                        <DELETED>    (iii) in subparagraph (C), by 
                        inserting ``, including providing access to 
                        open Government data online'' after 
                        ``economical manner'';</DELETED>
                <DELETED>    (C) in paragraph (2), by inserting 
                ``shall'' before ``regularly'';</DELETED>
                <DELETED>    (D) in paragraph (3)--</DELETED>
                        <DELETED>    (i) by inserting ``shall'' before 
                        ``provide''; and</DELETED>
                        <DELETED>    (ii) by striking ``; and'' and 
                        inserting a semicolon;</DELETED>
                <DELETED>    (E) in paragraph (4)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by inserting ``may'' before 
                        ``not''; and</DELETED>
                        <DELETED>    (ii) by striking the period at the 
                        end and inserting a semicolon; and</DELETED>
                <DELETED>    (F) by inserting at the end the following 
                new paragraphs:</DELETED>
        <DELETED>    ``(5) shall take the necessary precautions to 
        ensure that the agency maintains the production and publication 
        of data assets which are directly related to activities that 
        protect the safety of human life or property as identified by 
        the open data plan of the agency required by subsection (b)(6); 
        and</DELETED>
        <DELETED>    ``(6) may engage the public in using open 
        Government data and encourage collaboration by--</DELETED>
                <DELETED>    ``(A) publishing information on open 
                Government data usage in regular, timely intervals, but 
                not less than annually;</DELETED>
                <DELETED>    ``(B) receiving public input regarding 
                priorities for the analysis and disclosure of data 
                assets to be published;</DELETED>
                <DELETED>    ``(C) assisting civil society groups and 
                members of the public working to expand the use of open 
                Government data; and</DELETED>
                <DELETED>    ``(D) hosting challenges, competitions, 
                events, or other initiatives designed to create 
                additional value from open Government data.''; 
                and</DELETED>
        <DELETED>    (4) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(j) Collection of Information Exception.--
Notwithstanding subsection (c), an agency is not required to meet the 
requirements of paragraphs (2) and (3) of such subsection if--
</DELETED>
        <DELETED>    ``(1) the waiver of such requirements is approved 
        by the head of the agency;</DELETED>
        <DELETED>    ``(2) the collection of information is--</DELETED>
                <DELETED>    ``(A) online and electronic;</DELETED>
                <DELETED>    ``(B) voluntary and there is no perceived 
                or actual tangible benefit to the provider of the 
                information;</DELETED>
                <DELETED>    ``(C) of an extremely low burden that is 
                typically completed in five minutes or less; 
                and</DELETED>
                <DELETED>    ``(D) focused on gathering input about the 
                performance of, or public satisfaction with, an agency 
                providing service; and</DELETED>
        <DELETED>    ``(3) the agency publishes representative 
        summaries of the collection of information under subsection 
        (c).''.</DELETED>
<DELETED>    (d) Repository.--The Director of the Office of Management 
and Budget 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. The 
repository shall--</DELETED>
        <DELETED>    (1) include definitions, regulation and policy, 
        checklists, and case studies related to open data, this Act, 
        and the amendments made by this Act; and</DELETED>
        <DELETED>    (2) facilitate collaboration and the adoption of 
        best practices across the Federal Government relating to the 
        adoption of open data practices.</DELETED>
<DELETED>    (e) Systematic Agency Review of Operations.--Section 305 
of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (b), by inserting at the end the 
        following new sentence: ``To the greatest extent practicable, 
        each agency shall use existing data to support such reviews if 
        the data is accurate and complete.'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (2) and 
                (3) as paragraphs (3) and (4), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting after paragraph (1) the 
                following new paragraph:</DELETED>
        <DELETED>    ``(2) determining the status of achieving the 
        mission, goals, and objectives of the agency as described in 
        the strategic plan of the agency published pursuant to section 
        306;''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(d) Open Data Compliance Report.--Not later than 1 year 
after the date of the enactment of this subsection, and every two years 
thereafter, the Director of the Office of Management and Budget shall 
electronically publish a report on agency performance and compliance 
with the Open, Public, Electronic, and Necessary Government Data Act 
and the amendments made by that Act.''.</DELETED>
<DELETED>    (f) GAO Report.--Not later than 2 years after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Oversight and Government Reform of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report that identifies--</DELETED>
        <DELETED>    (1) the value of information made available to the 
        public as a result of this Act, and the amendments made by this 
        Act; and</DELETED>
        <DELETED>    (2) whether it is valuable to expand the publicly 
        available information to any other data assets.</DELETED>

<DELETED>SEC. 8. TECHNOLOGY PORTAL.</DELETED>

<DELETED>    (a) Amendment.--Subchapter I of chapter 35 of title 44, 
United States Code, is amended by inserting after section 3511 the 
following new section:</DELETED>
<DELETED>``Sec. 3511A. Technology portal</DELETED>
<DELETED>    ``(a) Data.gov Required.--The Administrator of General 
Services shall maintain a single public interface online as a point of 
entry dedicated to sharing open Government data with the 
public.</DELETED>
<DELETED>    ``(b) Coordination With Agencies.--The Director of the 
Office of Management and Budget shall determine, after consultation 
with the head of each agency and the Administrator of General Services, 
the method to access any open Government data published through the 
interface described in subsection (a).''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table of 
sections for subchapter I of chapter 35 of title 44, United States 
Code, is amended by inserting after the item relating to section 3511 
the following new item:</DELETED>

<DELETED>``Sec. 3511A. Technology portal.''.
<DELETED>    (c) Deadline.--Not later than 180 days after the date of 
the enactment of this Act, the Administrator of General Services shall 
meet the requirements of section 3511A(a) of title 44, United States 
Code, as added by subsection (a).</DELETED>

<DELETED>SEC. 9. ENHANCED RESPONSIBILITIES FOR CHIEF INFORMATION 
              OFFICERS AND CHIEF INFORMATION OFFICERS COUNCIL 
              DUTIES.</DELETED>

<DELETED>    (a) Agency Chief Information Officer General 
Responsibilities.--</DELETED>
        <DELETED>    (1) General responsibilities.--Section 11315(b) of 
        title 40, United States Code, is amended--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking ``; 
                and'' and inserting a semicolon;</DELETED>
                <DELETED>    (B) in paragraph (3), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (C) by inserting at the end the following 
                new paragraphs:</DELETED>
        <DELETED>    ``(4) data asset management, format 
        standardization, sharing of data assets, and publication of 
        data assets;</DELETED>
        <DELETED>    ``(5) the compilation and publication of the 
        Enterprise Data Inventory for the agency required under section 
        3523 of title 44;</DELETED>
        <DELETED>    ``(6) ensuring that agency data conforms with open 
        data best practices;</DELETED>
        <DELETED>    ``(7) ensuring compliance with the requirements of 
        subsections (b), (c), (d), and (f) of section 3506 of title 
        44;</DELETED>
        <DELETED>    ``(8) engaging agency employees, the public, and 
        contractors in using open Government data and encourage 
        collaborative approaches to improving data use;</DELETED>
        <DELETED>    ``(9) supporting the agency Performance 
        Improvement Officer in generating data to support the function 
        of the Performance Improvement Officer described in section 
        1124(a)(2) of title 31;</DELETED>
        <DELETED>    ``(10) reviewing the information technology 
        infrastructure of the agency and the impact of such 
        infrastructure on making data assets accessible to reduce 
        barriers that inhibit data asset accessibility;</DELETED>
        <DELETED>    ``(11) ensuring that the agency is maximizing its 
        own use of data, including data generated by applications, 
        devices, networks, and equipment owned by the Government and 
        such use is not otherwise prohibited, to reduce costs, improve 
        operations, and strengthen security and privacy protections; 
        and</DELETED>
        <DELETED>    ``(12) identifying points of contact for roles and 
        responsibilities related to open data use and implementation as 
        required by the Director of the Office of Management and 
        Budget.''.</DELETED>
        <DELETED>    (2) Additional definitions.--Section 11315 of 
        title 40, United States Code, is amended by adding at the end 
        the following new subsection:</DELETED>
<DELETED>    ``(d) Additional Definitions.--In this section, the terms 
`data', `data asset', `Enterprise Data Inventory', and `open Government 
data' have the meanings given those terms in section 3502 of title 
44.''.</DELETED>
<DELETED>    (b) Amendment.--Section 3603(f) of title 44, United States 
Code, is amended by adding at the end the following new 
paragraph:</DELETED>
        <DELETED>    ``(8) Work with the Office of Government 
        Information Services and the Director of the Office of Science 
        and Technology Policy to promote data interoperability and 
        comparability of data assets across the 
        Government.''.</DELETED>

<DELETED>SEC. 10. EVALUATION OF AGENCY ANALYTICAL 
              CAPABILITIES.</DELETED>

<DELETED>    (a) OMB Guidance for Agency Review.--Not later than 1 year 
after the date of the enactment of this Act, the Director of the Office 
of Management and Budget shall review each agency to assess the extent 
of the agency's use of data assets to support decisionmaking, cost 
savings, and performance within the agency.</DELETED>
<DELETED>    (b) Agency Review; Report.--Not later than 2 years after 
the date of the enactment of this Act, each agency Chief Operating 
Officer shall submit to Congress and the Director of the Office of 
Management and Budget a report on the review described in subsection 
(a).</DELETED>
<DELETED>    (c) Requirements of Agency Report.--The report described 
in subsection (b) shall assess the coverage, quality, methods, 
effectiveness, and independence of the agency's evaluation research and 
analysis efforts, including each of the following:</DELETED>
        <DELETED>    (1) A list of the activities and operations of the 
        agency that are being evaluated and analyzed and the activities 
        and operations that have been evaluated and analyzed during the 
        previous 5 years.</DELETED>
        <DELETED>    (2) 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.</DELETED>
        <DELETED>    (3) 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, international and external 
        oversight, and accountability.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (5) The extent to which evaluation and research 
        capacity is present within the agency to include personnel, 
        agency process for planning and implementing evaluation 
        activities, disseminating best practices and findings, and 
        incorporating employee views and feedback.</DELETED>
        <DELETED>    (6) The extent to which the agency has the 
        capacity to assist front-line staff and program offices to 
        develop the capacity to use evaluation research and analysis 
        approaches and data in the day-to-day operations.</DELETED>
<DELETED>    (d) GAO Review of Agency Reports.--Not later than 3 years 
after the date of the enactment of this Act, the Comptroller General of 
the United States shall submit to Congress a report that summarizes 
agency findings and highlights trends from the reports submitted 
pursuant to subsection (b) and recommends actions to further improve 
agency capacity to use evaluation techniques and data to support 
evaluation efforts.</DELETED>

<DELETED>SEC. 11. EFFECTIVE DATE.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Open, Public, 
Electronic, and Necessary Government Data Act'' or the ``OPEN 
Government Data Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; agency defined.
Sec. 3. Rule of construction.
Sec. 4. Federal information policy definitions.
Sec. 5. Requirement for making open and machine-readable the default 
                            for Government data.
Sec. 6. Responsibilities of the Office of Electronic Government.
Sec. 7. Data inventory and planning.
Sec. 8. Technology portal.
Sec. 9. Enhanced responsibilities for chief information officers and 
                            chief information officers council duties.
Sec. 10. Evaluation of agency analytical capabilities.
Sec. 11. Effective date.

SEC. 2. FINDINGS; AGENCY DEFINED.

    (a) Findings.--Congress finds the following:
            (1) Federal Government data is a valuable national 
        resource. Managing Federal Government data to make it open, 
        available, discoverable, and useable to the general public, 
        businesses, journalists, academics, and advocates promotes 
        efficiency and effectiveness in Government, creates economic 
        opportunities, promotes scientific discovery, and most 
        importantly, strengthens our democracy.
            (2) Maximizing the usefulness of Federal Government data 
        that is appropriate for release rests upon making it readily 
        available, discoverable, and usable--in a word: open. 
        Information presumptively should be available to the general 
        public unless the Federal Government reasonably foresees that 
        disclosure could harm a specific, articulable interest 
        protected by law or the Federal Government is otherwise 
        expressly prohibited from releasing such data due to statutory 
        requirements.
            (3) The Federal Government has the responsibility to be 
        transparent and accountable to its citizens.
            (4) Data controlled, collected, or created by the Federal 
        Government should be originated, transmitted, and published in 
        modern, open, and electronic format, to be as readily 
        accessible as possible, consistent with data standards imbued 
        with authority under this Act and to the extent permitted by 
        law.
            (5) The effort to inventory Government data will have 
        additional benefits, including identifying opportunities within 
        agencies to reduce waste, increase efficiencies, and save 
        taxpayer dollars. As such, this effort should involve many 
        types of data, including data generated by applications, 
        devices, networks, and equipment, which can be harnessed to 
        improve operations, lower energy consumption, reduce costs, and 
        strengthen security.
            (6) Communication, commerce, and data transcend national 
        borders. Global access to Government information is often 
        essential to promoting innovation, scientific discovery, 
        entrepreneurship, education, and the general welfare.
    (b) Agency Defined.--In this Act, the term ``agency'' has the 
meaning given that term in section 3502 of title 44, United States 
Code, and includes the Federal Election Commission.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to require the disclosure of information or records that are 
exempt from public disclosure under section 552 of title 5, United 
States Code (commonly known as the ``Freedom of Information Act'').

SEC. 4. FEDERAL INFORMATION POLICY 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:
            ``(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 `Enterprise Data Inventory' means the data 
        inventory developed and maintained pursuant to section 3523;
            ``(18) the term `machine-readable' means a format in which 
        information or data can be easily processed by a computer 
        without human intervention while ensuring no semantic meaning 
        is lost;
            ``(19) 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;
            ``(20) the term `nonpublic data asset'--
                    ``(A) means a data asset that may not be made 
                available to the public for privacy, security, 
                confidentiality, regulation, or other reasons as 
                determined by law; and
                    ``(B) includes data provided by contractors that is 
                protected by contract, license, patent, trademark, 
                copyright, confidentiality, regulation, or other 
                restriction;
            ``(21) the term `open format' means a technical format 
        based on an underlying open standard that is--
                    ``(A) not encumbered by restrictions that would 
                impede use or reuse; and
                    ``(B) based on an underlying open standard that is 
                maintained by a standards organization;
            ``(22) the term `open Government data' means a Federal 
        Government public data asset that is--
                    ``(A) machine-readable;
                    ``(B) available in an open format; and
                    ``(C) part of the worldwide public domain or, if 
                necessary, published with an open license;
            ``(23) the term `open license' means a legal guarantee 
        applied to a data asset that is made available to the public 
        that such 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; and
            ``(24) the term `public data asset' means a collection of 
        data elements or a data set maintained by the Government that--
                    ``(A) may be released; or
                    ``(B) has been released to the public in an open 
                format and is discoverable through a search of 
                Data.gov.''.

SEC. 5. REQUIREMENT FOR MAKING OPEN AND MACHINE-READABLE THE DEFAULT 
              FOR GOVERNMENT DATA.

    (a) Amendment.--Subchapter I of chapter 35 of title 44, United 
States Code, is amended by adding at the end the following:
``Sec. 3522. Requirements for Government data
    ``(a) Machine-Readable Data Required.--Government data assets made 
available by an agency shall be published as machine-readable data.
    ``(b) Open by Default.--When not otherwise prohibited by law, and 
to the extent practicable, Government data assets shall--
            ``(1) be available in an open format; and
            ``(2) be available under open licenses.
    ``(c) Open License or Worldwide Public Domain Dedication 
Required.--When not otherwise prohibited by law, and to the extent 
practicable, Government data assets published by or for an agency shall 
be made available under an open license or, if not made available under 
an open license and appropriately released, shall be considered to be 
published as part of the worldwide public domain.
    ``(d) Innovation.--Each agency may engage with nongovernmental 
organizations, citizens, non-profit organizations, colleges and 
universities, private and public companies, and other agencies to 
explore opportunities to leverage the agency's public data asset in a 
manner that may provide new opportunities for innovation in the public 
and private sectors in accordance with law and regulation.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter I of chapter 35 of title 44, United States Code, is amended 
by inserting after the item relating to section 3521 the following:

``3522. Requirements for Government data.''.
    (c) Effective Date.--Notwithstanding section 11, the amendments 
made by subsections (a) and (b) shall take effect on the date that is 1 
year after the date of enactment of this Act and shall apply with 
respect to any contract entered into by an agency on or after such 
effective date.
    (d) Use of Open Data Assets.--Not later than 1 year after the date 
of enactment of this Act, the head of each agency shall ensure that any 
activities by the agency or any new contract entered into by the agency 
meet the requirements of section 3522 of title 44, United States Code, 
as added by subsection (a).

SEC. 6. RESPONSIBILITIES OF THE OFFICE OF ELECTRONIC GOVERNMENT.

    (a) Coordination of Federal Information Resources Management 
Policy.--Section 3503 of title 44, United States Code, is amended by 
adding at the end the following:
    ``(c) Coordination of Federal Information Resources Management 
Policy.--The Federal Chief Information Officer shall work in 
coordination with the Administrator of the Office of Information and 
Regulatory Affairs and with the heads of other offices within the 
Office of Management and Budget to oversee and advise the Director on 
Federal information resources management policy.''.
    (b) Authority and Functions of Director.--Section 3504(h) of title 
44, United States Code, is amended--
            (1) in paragraph (1), by inserting ``, the Federal Chief 
        Information Officer,'' after ``the Director of the National 
        Institute of Standards and Technology'';
            (2) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon; and
                    (B) by adding at the end the following:
                    ``(C) oversee the completeness of the Enterprise 
                Data Inventory and the extent to which the agency is 
                making all data collected and generated by the agency 
                available to the public in accordance with section 
                3523;'';
            (3) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(6) coordinate the development and review of Federal 
        information resources management policy by the Administrator of 
        the Office of Information and Regulatory Affairs and the 
        Federal Chief Information Officer.''.
    (c) Change of Name of the Office of Electronic Government.--
            (1) Definitions.--Section 3601 of title 44, United States 
        Code, is amended--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (4) as 
                paragraphs (1) through (3), respectively; and
                    (C) by inserting after paragraph (3), as so 
                redesignated, the following:
            ``(4) `Federal Chief Information Officer' means the Federal 
        Chief Information Officer of the Office of the Federal Chief 
        Information Officer established under section 3602;''.
            (2) Office of the federal chief information officer.--
        Section 3602 of title 44, United States Code, is amended--
                    (A) in the heading, by striking ``Electronic 
                Government'' and inserting ``the Federal Chief 
                Information Officer'';
                    (B) in subsection (a), by striking ``Office of 
                Electronic Government'' and inserting ``Office of the 
                Federal Chief Information Officer'';
                    (C) in subsection (b), by striking ``an 
                Administrator'' and inserting ``a Federal Chief 
                Information Officer'';
                    (D) in subsection (c), by striking ``The 
                Administrator'' and inserting ``The Federal Chief 
                Information Officer'';
                    (E) in subsection (d), by striking ``The 
                Administrator'' and inserting ``The Federal Chief 
                Information Officer'';
                    (F) in subsection (e), by striking ``The 
                Administrator'' and inserting ``The Federal Chief 
                Information Officer'';
                    (G) in subsection (f)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``the Administrator shall'' and 
                        inserting ``the Federal Chief Information 
                        Officer shall''; and
                            (ii) in paragraph (16), by striking ``the 
                        Office of Electronic Government'' and inserting 
                        ``the Office of the Federal Chief Information 
                        Officer''; and
                    (H) in subsection (g), by striking ``the Office of 
                Electronic Government'' and inserting ``the Office of 
                the Federal Chief Information Officer''.
            (3) Chief information officers council.--Section 3603 of 
        title 44, United States Code, is amended--
                    (A) in subsection (b)(2), by striking ``The 
                Administrator of the Office of Electronic Government'' 
                and inserting ``The Federal Chief Information 
                Officer'';
                    (B) in subsection (c)(1), by striking ``The 
                Administrator of the Office of Electronic Government'' 
                and inserting ``The Federal Chief Information 
                Officer''; and
                    (C) in subsection (f)(3), by striking ``the 
                Administrator'' and inserting ``the Federal Chief 
                Information Officer''.
            (4) E-Government fund.--Section 3604 of title 44, United 
        States Code, is amended--
                    (A) in subsection (a)(2), by striking ``the 
                Administrator of the Office of Electronic Government'' 
                and inserting ``the Federal Chief Information 
                Officer'';
                    (B) in subsection (b), by striking 
                ``Administrator'' each place it appears and inserting 
                ``Federal Chief Information Officer''; and
                    (C) in subsection (c), by striking ``the 
                Administrator'' and inserting ``the Federal Chief 
                Information Officer''.
            (5) Program to encourage innovative solutions to enhance 
        electronic government services and processes.--Section 3605 of 
        title 44, United States Code, is amended--
                    (A) in subsection (a), by striking ``The 
                Administrator'' and inserting ``The Federal Chief 
                Information Officer'';
                    (B) in subsection (b), by striking ``, the 
                Administrator,'' and inserting ``, the Federal Chief 
                Information Officer,''; and
                    (C) in subsection (c)--
                            (i) in paragraph (1)--
                                    (I) by striking ``The 
                                Administrator'' and inserting ``The 
                                Federal Chief Information Officer''; 
                                and
                                    (II) by striking ``proposals 
                                submitted to the Administrator'' and 
                                inserting ``proposals submitted to the 
                                Federal Chief Information Officer'';
                            (ii) in paragraph (2), by striking ``the 
                        Administrator'' and inserting ``the Federal 
                        Chief Information Officer''; and
                            (iii) in paragraph (4), by striking ``the 
                        Administrator'' and inserting ``the Federal 
                        Chief Information Officer''.
            (6) Technical and conforming amendments.--
                    (A) Table of sections.--The table of sections for 
                chapter 36 of title 44, United States Code, is amended 
                by striking the item relating to section 3602 and 
                inserting the following:

        ``3602. Office of the Federal Chief Information Officer.''.
                    (B) Positions at level iii.--Section 5314 of title 
                5, United States Code, is amended by striking 
                ``Administrator of the Office of Electronic 
                Government'' and inserting ``Federal Chief Information 
                Officer''.
                    (C) Office of electronic government.--Section 507 
                of title 31, United States Code, is amended by striking 
                ``The Office of Electronic Government'' and inserting 
                ``The Office of the Federal Chief Information 
                Officer''.
                    (D) Electronic government and information 
                technologies.--Section 305 of title 40, United States 
                Code, is amended by striking ``Administrator of the 
                Office of Electronic Government'' and inserting 
                ``Federal Chief Information Officer''.
                    (E) Capital planning and investment control.--
                Section 11302(c)(4) of title 40, United States Code, is 
                amended by striking ``Administrator of the Office of 
                Electronic Government'' each place it appears and 
                inserting ``Federal Chief Information Officer''.
                    (F) Resources, planning, and portfolio 
                management.--The second subsection (c) of section 11319 
                of title 40, United States Code, is amended by striking 
                ``Administrator of the Office of Electronic 
                Government'' each place it appears and inserting 
                ``Federal Chief Information Officer''.
                    (G) Additional technical and conforming 
                amendments.--
                            (i) Section 2222(i)(6) of title 10, United 
                        States Code, is amended by striking ``section 
                        3601(4)'' and inserting ``section 3601(3)''.
                            (ii) Section 506D(k)(1) of the National 
                        Security Act of 1947 (50 U.S.C. 3100(k)(1)) is 
                        amended by striking ``section 3601(4)'' and 
                        inserting ``section 3601(3)''.
            (7) Rule of construction.--The amendments made by this 
        subsection are for the purpose of changing the name of the 
        Office of Electronic Government and the Administrator of such 
        office and shall not be construed to affect any of the 
        substantive provisions of the provisions amended or to require 
        a new appointment by the President.

SEC. 7. DATA INVENTORY AND PLANNING.

    (a) Enterprise Data Inventory.--
            (1) Amendment.--Subchapter I of chapter 35 of title 44, 
        United States Code, as amended by section 5, is amended by 
        adding at the end the following:
``Sec. 3523. Enterprise data inventory
    ``(a) Agency Data Inventory Required.--
            ``(1) In general.--In order to develop a clear and 
        comprehensive understanding of the data assets in the 
        possession of an agency, the head of each agency, in 
        consultation with the Director of the Office of Management and 
        Budget, shall develop and maintain an enterprise data inventory 
        (in this section referred to as the `Enterprise Data 
        Inventory') that accounts for any data asset created, 
        collected, under the control or direction of, or maintained by 
        the agency after the effective date of this section, with the 
        ultimate goal of including all data assets, to the extent 
        practicable.
            ``(2) Contents.--The Enterprise Data Inventory shall 
        include each of the following:
                    ``(A) Data assets used in agency information 
                systems, including program administration, statistical, 
                and financial activity.
                    ``(B) Data assets shared or maintained across 
                agency programs and bureaus.
                    ``(C) Data assets that are shared among agencies or 
                created by more than 1 agency.
                    ``(D) A clear indication of all data assets that 
                can be made publicly available under section 552 of 
                title 5 (commonly referred to as the `Freedom of 
                Information Act').
                    ``(E) A description of whether the agency has 
                determined that an individual data asset may be made 
                publicly available and whether the data asset is 
                currently available to the public.
                    ``(F) Non-public data assets.
                    ``(G) Government data assets generated by 
                applications, devices, networks, and equipment, 
                categorized by source type.
    ``(b) Public Availability.--The Chief Information Officer of each 
agency shall use the guidance provided by the Director issued pursuant 
to section 3504(a)(1)(C)(ii) to make public data assets included in the 
Enterprise Data Inventory publicly available in an open format and 
under an open license.
    ``(c) Non-Public Data.--Non-public data included in the Enterprise 
Data Inventory may be maintained in a non-public section of the 
inventory.
    ``(d) Availability of Enterprise Data Inventory.--The Chief 
Information Officer of each agency--
            ``(1) shall make the Enterprise Data Inventory available to 
        the public on Data.gov;
            ``(2) shall ensure that access to the Enterprise Data 
        Inventory and the data contained therein is consistent with 
        applicable law and regulation; and
            ``(3) may implement paragraph (1) in a manner that 
        maintains a non-public portion of the Enterprise Data 
        Inventory.
    ``(e) Regular Updates Required.--The Chief Information Officer of 
each agency shall--
            ``(1) to the extent practicable, complete the Enterprise 
        Data Inventory for the agency not later than 1 year after the 
        date of enactment of this section; and
            ``(2) add additional data assets to the Enterprise Data 
        Inventory for the agency not later than 90 days after the date 
        on which the data asset is created or identified.
    ``(f) Use of Existing Resources.--When practicable, the Chief 
Information Officer of each agency shall use existing procedures and 
systems to compile and publish the Enterprise Data Inventory for the 
agency.''.
            (2) Technical and conforming amendment.--The table of 
        sections for subchapter I of chapter 35 of title 44, United 
        States Code, as amended by section 5, is amended by inserting 
        after the item relating to section 3522 the following:

``3523. Enterprise data inventory.''.
    (b) Standards for Enterprise Data Inventory.--Section 3504(a)(1) of 
title 44, United States Code, is amended--
            (1) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (B)(vi), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) issue standards for the Enterprise Data Inventory 
        described in section 3523, including--
                    ``(i) a requirement that the Enterprise Data 
                Inventory include a compilation of metadata about 
                agency data assets; and
                    ``(ii) criteria that the head of each agency shall 
                use in determining whether to make a particular data 
                asset publicly available in a manner that takes into 
                account--
                            ``(I) the expectation of confidentiality 
                        associated with an individual data asset;
                            ``(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 value to the public of 
                        converting the data into a manner that could be 
                        understood and used by the public;
                            ``(IV) the expectation that all data assets 
                        that would otherwise be made available under 
                        section 552 of title 5 (commonly referred to as 
                        the `Freedom of Information Act') be disclosed; 
                        and
                            ``(V) any other considerations that the 
                        Director determines to be relevant.''.
    (c) Federal Agency Responsibilities.--Section 3506 of title 44, 
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(C), by striking ``security;'' 
                and inserting the following: ``security by--
                            ``(i) using open format for any new 
                        Government data asset created or obtained on 
                        the date that is 1 year after the date of 
                        enactment of this clause; and
                            ``(ii) to the extent practicable, 
                        encouraging the adoption of open form for all 
                        open Government data created or obtained before 
                        the date of enactment of this clause;''.
                    (B) in paragraph (4), by striking ``subchapter; 
                and'' and inserting ``subchapter and a review of each 
                agency's Enterprise Data Inventory described in section 
                3523;'';
                    (C) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(6) in consultation with the Director, develop an open 
        data plan as a part of the requirement for a strategic 
        information resources management plan described in paragraph 
        (2) that, at a minimum and to the extent practicable--
                    ``(A) requires the agency to develop processes and 
                procedures that--
                            ``(i) require each new data collection 
                        mechanism to use an open format; and
                            ``(ii) allow the agency to collaborate with 
                        non-Government entities, researchers, 
                        businesses, and private citizens for the 
                        purpose of understanding how data users value 
                        and use open Government data;
                    ``(B) 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, recommendations for improvements, 
                and complaints about adherence to open data 
                requirements in accordance with subsection (d)(2);
                    ``(C) develops and implements a process to evaluate 
                and improve the timeliness, completeness, accuracy, 
                usefulness, and availability of open Government data;
                    ``(D) requires the agency to update the plan at an 
                interval determined by the Director;
                    ``(E) includes requirements for meeting the goals 
                of the agency open data plan including technology, 
                training for employees, and implementing procurement 
                standards, in accordance with existing law, that allow 
                for the acquisition of innovative solutions from the 
                public and private sector; and
                    ``(F) prohibits the dissemination and accidental 
                disclosure of nonpublic data assets.'';
            (2) in subsection (c), by striking ``With respect to'' and 
        inserting ``Except as provided under subsection (j), with 
        respect to'';
            (3) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``shall'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``shall'' before ``ensure'';
                            (ii) in subparagraph (A), by striking 
                        ``sources'' and inserting ``sources and uses''; 
                        and
                            (iii) in subparagraph (C), by inserting ``, 
                        including providing access to open Government 
                        data online'' after ``economical manner'';
                    (C) in paragraph (2), by inserting ``shall'' before 
                ``regularly'';
                    (D) in paragraph (3)--
                            (i) by inserting ``shall'' before 
                        ``provide''; and
                            (ii) by striking ``; and'' and inserting a 
                        semicolon;
                    (E) in paragraph (4)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``may'' before ``not''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (F) by adding at the end the following:
            ``(5) shall take the necessary precautions to ensure that 
        the agency maintains the production and publication of data 
        assets which are directly related to activities that protect 
        the safety of human life or property, as identified by the open 
        data plan of the agency required by subsection (b)(6); and
            ``(6) may engage the public in using open Government data 
        and encourage collaboration by--
                    ``(A) publishing information on open Government 
                data usage in regular, timely intervals, but not less 
                than annually;
                    ``(B) receiving public input regarding priorities 
                for the analysis and disclosure of data assets to be 
                published;
                    ``(C) assisting civil society groups and members of 
                the public working to expand the use of open Government 
                data; and
                    ``(D) hosting challenges, competitions, events, or 
                other initiatives designed to create additional value 
                from open Government data.''; and
            (4) by adding at the end the following:
    ``(j) Collection of Information Exception.--Notwithstanding 
subsection (c), an agency is not required to meet the requirements of 
paragraphs (2) and (3) of such subsection if--
            ``(1) the waiver of those requirements is approved by the 
        head of the agency;
            ``(2) the collection of information is--
                    ``(A) online and electronic;
                    ``(B) voluntary and there is no perceived or actual 
                tangible benefit to the provider of the information;
                    ``(C) of an extremely low burden that is typically 
                completed in 5 minutes or less; and
                    ``(D) focused on gathering input about the 
                performance of, or public satisfaction with, an agency 
                providing service; and
            ``(3) the agency publishes representative summaries of the 
        collection of information under subsection (c).''.
    (d) Repository.--The Director of the Office of Management and 
Budget 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. The 
repository shall--
            (1) include definitions, regulation and policy, checklists, 
        and case studies related to open data, this Act, and the 
        amendments made by this Act; and
            (2) facilitate collaboration and the adoption of best 
        practices across the Federal Government relating to the 
        adoption of open data practices.
    (e) Systematic Agency Review of Operations.--Section 305 of title 
5, United States Code, is amended--
            (1) in subsection (b), by adding at the end the following: 
        ``To the extent practicable, each agency shall use existing 
        data to support such reviews if the data is accurate and 
        complete.'';
            (2) in subsection (c)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) determining the status of achieving the mission, 
        goals, and objectives of the agency as described in the 
        strategic plan of the agency published pursuant to section 
        306;''; and
            (3) by adding at the end the following:
    ``(d) Open Data Compliance Report.--Not later than 1 year after the 
date of enactment of this subsection, and every 2 years thereafter, the 
Director of the Office of Management and Budget shall electronically 
publish a report on agency performance and compliance with the Open, 
Public, Electronic, and Necessary Government Data Act and the 
amendments made by that Act.''.
    (f) GAO Report.--Not later than 3 years after the date of 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--
            (1) the value of information made available to the public 
        as a result of this Act and the amendments made by this Act;
            (2) whether it is valuable to expand the publicly available 
        information to any other data assets; and
            (3) the completeness of the Enterprise Data Inventory at 
        each agency required under section 3523 of title 44, United 
        States Code, as added by this section.

SEC. 8. TECHNOLOGY PORTAL.

    (a) Amendment.--Subchapter I of chapter 35 of title 44, United 
States Code, is amended by inserting after section 3511 the following:
``Sec. 3511A. Technology portal
    ``(a) Data.gov Required.--The Administrator of General Services 
shall maintain a single public interface online as a point of entry 
dedicated to sharing open Government data with the public.
    ``(b) Coordination With Agencies.--The Director of the Office of 
Management and Budget shall determine, after consultation with the head 
of each agency and the Administrator of General Services, the method to 
access any open Government data published through the interface 
described in subsection (a).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter I of chapter 35 of title 44, United States Code, as amended 
by this Act, is amended by inserting after the item relating to section 
3511 the following:

``3511A. Technology portal.''.
    (c) Deadline.--Not later than 180 days after the date of enactment 
of this Act, the Administrator of General Services shall meet the 
requirements of section 3511A(a) of title 44, United States Code, as 
added by subsection (a).

SEC. 9. ENHANCED RESPONSIBILITIES FOR CHIEF INFORMATION OFFICERS AND 
              CHIEF INFORMATION OFFICERS COUNCIL DUTIES.

    (a) Agency Chief Information Officer General Responsibilities.--
            (1) General responsibilities.--Section 11315(b) of title 
        40, United States Code, is amended--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(4) data asset management, format standardization, 
        sharing of data assets, and publication of data assets;
            ``(5) the compilation and publication of the Enterprise 
        Data Inventory for the agency required under section 3523 of 
        title 44;
            ``(6) ensuring that agency data conforms with open data 
        best practices;
            ``(7) ensuring compliance with the requirements of 
        subsections (b), (c), (d), and (f) of section 3506 of title 44;
            ``(8) engaging agency employees, the public, and 
        contractors in using open Government data and encourage 
        collaborative approaches to improving data use;
            ``(9) supporting the agency Performance Improvement Officer 
        in generating data to support the function of the Performance 
        Improvement Officer described in section 1124(a)(2) of title 
        31;
            ``(10) reviewing the information technology infrastructure 
        of the agency and the impact of such infrastructure on making 
        data assets accessible to reduce barriers that inhibit data 
        asset accessibility;
            ``(11) ensuring that, to the extent practicable, the agency 
        is maximizing its own use of data, including data generated by 
        applications, devices, networks, and equipment owned by the 
        Government and such use is not otherwise prohibited, to reduce 
        costs, improve operations, and strengthen security and privacy 
        protections; and
            ``(12) identifying points of contact for roles and 
        responsibilities related to open data use and implementation as 
        required by the Director of the Office of Management and 
        Budget.''.
            (2) Additional definitions.--Section 11315 of title 40, 
        United States Code, is amended by adding at the end the 
        following:
    ``(d) Additional Definitions.--In this section, the terms `data', 
`data asset', `Enterprise Data Inventory', and `open Government data' 
have the meanings given those terms in section 3502 of title 44.''.
    (b) Amendment.--Section 3603(f) of title 44, United States Code, is 
amended by adding at the end the following:
            ``(8) Work with the Office of Government Information 
        Services and the Director of the Office of Science and 
        Technology Policy to promote data interoperability and 
        comparability of data assets across the Government.''.

SEC. 10. EVALUATION OF AGENCY ANALYTICAL CAPABILITIES.

    (a) Agency Review of Evaluation and Analysis Capabilities; 
Report.--Not later than 3 years after the date of enactment of this 
Act, the Chief Operating Officer of each agency shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
the Committee on Oversight and Government Reform of the House of 
Representatives, and the Director of the Office of Management and 
Budget a report on the review described in subsection (b).
    (b) Requirements of Agency Review.--The report required under 
subsection (a) shall assess the coverage, quality, methods, 
effectiveness, and independence of the agency's evaluation research and 
analysis efforts, including each of the following:
            (1) A list of the activities and operations of the agency 
        that are being evaluated and analyzed and the activities and 
        operations that have been evaluated and analyzed during the 
        previous 5 years.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) The extent to which evaluation and research capacity is 
        present within the agency to include personnel, agency process 
        for planning and implementing evaluation activities, 
        disseminating best practices and findings, and incorporating 
        employee views and feedback.
            (6) The extent to which the agency has the capacity to 
        assist front-line staff and program offices to develop the 
        capacity to use evaluation research and analysis approaches and 
        data in the day-to-day operations.
    (c) GAO Review of Agency Reports.--Not later than 4 years after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report that summarizes agency 
findings and highlights trends from the reports submitted pursuant to 
subsection (a) and, if appropriate, recommends actions to further 
improve agency capacity to use evaluation techniques and data to 
support evaluation efforts.

SEC. 11. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
the date that is 180 days after the date of enactment of this Act.
                                                       Calendar No. 718

114th CONGRESS

  2d Session

                                S. 2852

                          [Report No. 114-396]

_______________________________________________________________________

                                 A BILL

To expand the Government's use and administration of data to facilitate 
   transparency, effective governance, and innovation, and for other 
                               purposes.

_______________________________________________________________________

                            December 8, 2016

                       Reported with an amendment