[Senate Report 114-396]
[From the U.S. Government Publishing Office]
Calendar No. 718
114th Congress } { Report
SENATE
2d Session } { 114-396
_______________________________________________________________________
OPEN GOVERNMENT DATA ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2852
TO EXPAND THE GOVERNMENT'S USE AND ADMINISTRATION OF
DATA TO FACILITATE TRANSPARENCY, EFFECTIVE GOVERNANCE, AND INNOVATION,
AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 8, 2016.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2016
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Christopher R. Hixon, Staff Director
Gabrielle D'Adamo Singer, Chief Counsel
Patrick J. Bailey, Chief Counsel for Governmental Affairs
Ann F. Van Houten, U.S. Department of Homeland Security Detailee
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Brian F. Papp, Jr., Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 718
114th Congress } { Report
SENATE
2d Session } { 114-396
======================================================================
OPEN GOVERNMENT DATA ACT
_______
December 8, 2016.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2852]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2852) to expand the
Government's use and administration of data to facilitate
transparency, effective governance, and innovation, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis......................................4
V. Evaluation of Regulatory Impact..................................6
VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............7
I. Purpose and Summary
The purpose of S. 2852, the Open, Public, Electronic, and
Necessary Government Data Act (or the ``OPEN Government Data
Act'') is to better enable certain Federal Government data to
be accessible and useable by the public. It would do so by
setting a standard that data assets be maintained in an open
format. An open format means the data assets are machine
readable and not in a proprietary format or subject to
licensing. The bill would require Federal agencies to maintain
an inventory of data assets created, owned, or managed by the
agency. The bill would also require data assets on the
inventory that can be made publicly available. Finally, the
bill strengthens the Federal Chief Information Officer's (CIO)
role in oversight of open data and information resources
management policy.
II. Background and the Need For Legislation
Open data, or data that is made available to use without
restrictions, has led to innovation in both the public and
private sectors, supported economic growth, and helped to
improve performance and transparency in government programs.\1\
A prominent example can be found with the creation of
``safety.data.gov,'' which is a centralized resource for public
safety information. In 2012 the Department of Transportation,
in partnership with the Department of Justice, Department of
Labor, and Consumer Product Safety Commission, launched
safety.data.gov which includes information helpful to consumers
such as recalls related to cars, household products, recreation
products and others.\2\
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\1\The White House, FACT SHEET: Data by the People, for the
People--Eight Years of Progress Opening Government Data to Spur
Innovation, Opportunity, & Economic Growth (Sept. 28, 2016), available
at https://www.whitehouse.gov/the-press-office/2016/09/28/fact-sheet-
data-people-people-eight-years-progress-opening-government.
\2\U.S. Department of Transportation, Kristen Baldwin, Associate
Chief Information Officer for IT Policy Oversight, Open Data at DOT--
Case Study for Maturing Data Release Practices to Drive Innovation and
Increase Accountability (Jan. 8, 2013), available at https://project-
open-data.cio.gov/transportation-case-study.
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According to the Government Accountability Office (GAO),
some agencies are not adequately sharing or making their data
on Federal spending easy to use.\3\ This lack of openness has
led to problems of quality and completeness of the data
presented.\4\ According to GAO, ``a lack of government-wide
data standards limits the ability to measure the cost and
magnitude of federal investments and hampers efforts to share
data across agencies to improve decision-making and
oversight.''\5\
---------------------------------------------------------------------------
\3\See generally. Gov't Accountability Office, GAO-14-476, Data
Transparency Oversight Needed to Address Underreporting and
Inconsistencies on Federal Websites (2014).
\4\Gov't Accountability Office, GAO-15-241T, Federal Data
Transparency: Effective Implementation of the Data Act Would Help
Address Government-wide Management Challenges and Improve Oversight
(2014).
\5\Id. at 2.
---------------------------------------------------------------------------
For example, in the GAO's 2015 report on opportunities to
reduce fragmentation, overlap and duplication, and achieve
other financial benefits, GAO included examples of agencies
potentially unnecessarily duplicating work because they failed
to share information.\6\ In one instance, the Environmental
Protection Agency and the Food and Drug Administration both
inspected the same laboratories for ``good laboratory
practices.''\7\ Because the agencies did not share data, they
may have been unaware that they were performing the same
oversight function on the same facility. GAO recommended that
they improve the quality of their data on inspections and
develop a written agreement outlining how they plan to
collaborate to remove the duplication and overlap in the
process.\8\ In the case of software management, GAO found that
only two agencies had effective management policies that
reduced the number of unused software licenses. GAO recommended
that those best practices be shared with all agencies to
improve software management Government-wide.\9\
---------------------------------------------------------------------------
\6\See generally, Gov't Accountability Office, GAO-15-404SP, 2015
Annual Report: Additional Opportunities to Reduce Fragmentation,
Overlap, and Duplication and Achieve Other Financial Benefits (2015).
\7\Gov't Accountability Office, GAO-1409289, Pesticide Safety:
Improvements Needed in EPA's Good Laboratory Practices Inspection
Program (2014).
\8\Id. at 51.
\9\Id. at 181.
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Ensuring certain Government data assets are available to
the public may also lead to more private sector innovation. For
example, entrepreneurs used publicly available Federal Aviation
Administration statistics combined with weather data from the
National Weather Service to predict flight delays. The
resulting application now helps the public make decisions on
which flights to take and how much time to leave between
connecting flights based on which flights are likely to be on
time.\10\
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\10\Joshua Tauberer, Open Government Data: The Book, Introduction
(2nd ed. 2014), available at https://opengovdata.io/2014/transparency-
participation-collaboration.
---------------------------------------------------------------------------
The Obama Administration has issued several directives and
memoranda in an effort to encourage agencies to open up their
data.\11\
---------------------------------------------------------------------------
\11\See Exec. Office of the President, Memorandum from President
Barack Obama to the Heads of Executive Departments and Agencies (Jan.
21, 2009), available at https://www.whitehouse.gov/the_press_office/
TransparencyandOpenGovernment; Office of Mgmt. & Budget, Exec. Office
of the President, M-10-06, Open Government Directive (2009), available
at http://www.whitehouse.gov/sites/default/files/omb/assets/memoranda
20 I 0/m I 0-06.pdf; Office of Mgmt. & Budget, Exec. Office of the
President, M-13-13, Open Data Policy--Managing Information As an Asset
(2013), available at https://www.whitehouse.gov/sites/default/files/
omb/memoranda/2013/m-13-13.pdf.
---------------------------------------------------------------------------
However, these policies did not result in transparency of
all data assets.\12\ Open Government Data: The Book revealed
that most of the data published as a result of the
Administration's policies was already publicly available
elsewhere.\13\ The major concern is that data assets that could
be valuable to the public--administrative records and data
assets relied on by the Government to make decisions--has not
been posted publicly, despite OMB's direction to do so.\14\
Additionally, some of the data that have been posted publicly
are not useful because they are posted in a proprietary format.
The need is to both expose the data assets that have not been
available and liberate the data assets that have been locked
behind licensing and proprietary formats.
---------------------------------------------------------------------------
\12\Joshua Tauberer, Open Government Data: The Book, Introduction
(2d ed. 2014), available at https://opengovdata.io/2014/transparency-
participation-collaboration.
\13\Id.
\14\Id.
---------------------------------------------------------------------------
Congress has tried to make more data available to the
public by passing legislation encouraging agencies to make
Federal Government data more transparent. For example, the DATA
Act, which was signed by President Obama on May 9, 2014,
required Federal agencies to report additional financial and
spending information of the Federal Government on a public
website.\15\ Most importantly, the bill requires agencies to
report the information using a common set of data standards to
ensure comparability and usability.\16\
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\15\The Digital Accountability and Transparency Act, Pub. L. No.
113-101, Sec. 128 Stat. 1146 (2014).
\16\Id.
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But while new laws have spurred openness with respect to
some Federal data, S. 2852 would require, where not otherwise
prohibited by law and to the extent practicable, data assets
that the Federal Government owns or manages to be open--meaning
the data assets are machine-readable and not in a proprietary
format or subject to licensing. Importantly, data assets are
not intended to include all data, but rather a collection of
data elements or data sets that may be grouped together by an
agency such as, for example, data charts. Supporting guidance
for the Obama Administration's Open Data policy notes that data
assets are to be identified by agencies and are specific to
supporting the needs of the agency's respective missions and
responsibilities.\17\
---------------------------------------------------------------------------
\17\The White House, Project Open Data: Open Data Policy--Managing
Information as an Asset, https://project-open-data.cio.gov/glossary/,
last visited Nov. 22, 2016.
---------------------------------------------------------------------------
The bill would also require agencies to develop an
inventory that accounts for data assets created or maintained
by an agency and to include in the inventory whether each data
asset is public or nonpublic. This bill is intended to apply to
new Government data collections.
The bill would require data assets in the inventory that
can be public to be made publicly available. Posting these data
assets is likely to reduce requests for information through the
Freedom of Information Act because it makes the information
immediately retrievable.
III. Legislative History
S. 2852, the OPEN Government Data Act, was introduced on
April 26, 2016, by Senators Brian Schatz (D-HI) and Ben Sasse
(R-NE). The bill was referred to the Committee on Homeland
Security and Governmental Affairs.
The Committee considered S. 2852 at a business meeting on
May 25, 2016. During the business meeting, Senator Sasse
offered a substitute amendment that limited the data inventory
and publication to the data assets to the extent practicable.
The legislation, as modified by the Sasse substitute amendment,
was adopted by voice vote en bloc. Members present for the vote
were: Senators Johnson, McCain, Portman, Paul, Lankford,
Ayotte, Ernst, Sasse, Carper, McCaskill, Tester, Baldwin,
Heitkamp, and Booker.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1 establishes the short title of the bill as the
``Open, Public, Electronic, and Necessary Government Data
Act,'' or the ``OPEN Government Data Act.''
Section 2 finds that Government data is valuable;
maximizing its use spurs innovation; the Government has a
responsibility to be transparent; when appropriate the
Government's data should be published in an open and electronic
format; having an inventory of data will help agencies identify
and reduce waste, increase efficiencies, and save taxpayer
dollars; and that when appropriate, access to the Government's
data promotes innovation, scientific discovery,
entrepreneurship, and education. This section also defines the
term ``agency.''
Section 3 clarifies that the bill does not require public
disclosure of information prohibited from public release by the
Freedom of Information Act.
Section 4 supplies definitions for the terms ``data'',
``data asset'', ``enterprise data inventory'', ``machine-
readable'', ``metadata'', ``nonpublic data asset'', ``open
format'', ``open government data'', ``open license'', and
``public data asset''.
Section 5 establishes a default position for the Federal
Government that its data assets shall be published in a
machine-readable open format and under an open license to the
extent practicable and when not otherwise prohibited by law.
This section also permits agencies to engage with other
entities including nongovernmental organizations to explore
opportunities to leverage agencies' public data assets in a
manner that may provide for new opportunities for innovation in
the public and private sectors.
Section 6 requires the Federal CIO to coordinate with
offices within the OMB and other agencies in advising the
Director on Federal information resources management policy.
This section also makes the Federal CIO responsible for
overseeing the completeness and openness of each agency's data
inventory, changes the name of the Office of Electronic
Government (E-gov) to the Office of the Federal Chief
Information Officer, and aligns the duties and responsibilities
formerly undertaken by the E-gov Administrator to the Federal
CIO.
Section 7 requires each agency's CIO to develop and
maintain an 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. The data
assets in the inventory include data assets used in any agency
information system including program administration,
statistical, and financial activity. It also includes data
assets shared or maintained within or across agencies.
The information in the inventory must include an indicator
of whether the data asset can be made public and a description
of the data asset. The inventory of data assets that can be
made available to the public must be posted to the data.gov web
portal. This section also creates an ongoing requirement for
agency CIOs to update the inventory within 90 days of new data
assets being created or identified.
This section also creates a mechanism in which the head of
the agency can waive the paperwork reduction requirements for
low-burden, customer service collections.
This section directs the Director of OMB to collaborate
with the Office of Government Information Services and the
Administrator of GSA to develop and maintain an online
repository of tools, best practices, and schema standards to
facilitate the adoption of open data practices.
This section directs the Director of OMB to electronically
publish a report on agency performance and compliance with this
act one year after enactment and every two years thereafter.
This section requires the Comptroller General of the United
States to submit to Congress a report that identifies the value
of information made available to the public as a result of the
bill, whether it is valuable to expand the publicly available
information to any other data assets, and the completeness of
the Enterprise Data Inventory created by this bill.
Section 8 requires GSA to maintain the data.gov portal as
the way to share open Government data with the public.
Section 9 requires the CIOs of executive agencies to manage
the data inventories and establish standards for publishing and
sharing data assets.
Section 10 directs that agencies report to Congress on
quality, methods, effectiveness, and independence of the
agency's evaluation research and analysis efforts three years
after enactment. It also requires GAO to submit a report to
Congress summarizing the agency reports to Congress and make
recommendations on additional ways to improve agency use of
open data for agency analyses and evaluations four years after
the bill's enactment.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 5, 2016.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2852, the OPEN
Government Data Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall.
Enclosure.
S. 2852--OPEN Government Data Act
S. 2852 would direct federal agencies to publish all data
they collect in an open format that can be used by any
computer. Under the bill, the Office of Management and Budget
would establish an inventory of all federal data sets and would
direct the General Services Administration to maintain an
online interface for all such data. In addition, S. 2852 would
rename the Office of Electronic Government as the Office of the
Federal Chief Financial Officer.
Information from selected agencies suggest that most of the
provisions of the bill would codify Executive Order 13642 and
other executive branch policies that set the framework for
agencies to promote openness and interoperability in
information management. That executive order requires agencies
to standardize data sets and to make them publicly available. A
website (www.data.gov) has been established to share this
government information with the general public. CBO expects
that implementing S. 2852 would have no significant effect on
spending because agencies effectively are already working to
implement the requirements of the bill.
The bill could affect direct spending by agencies not
funded though annual appropriations; therefore pay-as-you-go
procedures apply. CBO estimates, however, that any net increase
in spending by those agencies would be negligible. Enacting S.
2852 would not affect revenues.
CBO estimates that enacting S. 2852 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 2852 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or trial
governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
VII. Changes In Existing Law Made By the Bill, As Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman:
UNITED STATES CODE
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART I--THE AGENCIES GENERALLY
* * * * * * *
CHAPTER 3--POWERS
* * * * * * *
SEC. 305. SYSTEMATIC AGENCY REVIEW OF OPERATIONS.
(a) * * *
(b) Under regulations prescribed and administered by the
President, each agency shall review systematically the
operations of each of its activities, functions, or
organization units, on a continuing basis. To the extent
practicable, each agency shall use existing data to support
such reviews if the data is accurate and complete.
(c) The purpose of the reviews includes--
(1) determining the degree of efficiency and economy
in the operation of the agency's activities, functions,
or organization units;
(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;
[(2)] (3) identifying the units that are outstanding
in those respects; and
[(3)] (4) identifying the employees whose personal
efforts have caused their units to be outstanding in
efficiency and economy of operations.
(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.
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart D--Pay and Allowance
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
Subchapter II--Executive Schedule Pay Rates
* * * * * * *
SEC. 5314. POSITIONS AT LEVEL III.
Level III of the Executive Schedule applies to the
following positions, for which the annual rate of basic pay
shall be the rate determined with respect to such level under
chapter 11 of title 2, as adjusted by section 5318 of this
title:
* * * * * * *
[Administrator of the Office of Electronic Government]
Federal Chief Information Officer.
* * * * * * *
TITLE 10--ARMED FORCES
* * * * * * *
Subtitle A--General Military Law
* * * * * * *
PART IV--SERVICE, SUPPLY AND PROCUREMENT
* * * * * * *
CHAPTER 131--PLANNING AND COORDINATION
* * * * * * *
SEC. 2222. DEFENSE BUSINESS SYSTEMS: BUSINESS PROCESS REENGINEERING;
ENTERPRISE ARCHITECTURE; MANAGEMENT.
(a) * * *
* * * * * * *
(i) * * *
(1) * * *
* * * * * * *
(6) Enterprise Architecture.--The term ``enterprise
architecture'' has the meaning given that term in
[section 3601(4)] section 3601(3) of title 44.
* * * * * * *
TITLE 31--MONEY AND FINANCE
* * * * * * *
Subtitle I--General
* * * * * * *
CHAPTER 5--OFFICE OF MANAGEMENT AND BUDGET
* * * * * * *
Subchapter I--Organization
* * * * * * *
SEC. 507. [THE OFFICE OF ELECTRONIC GOVERNMENT] THE OFFICE OF THE
FEDERAL CHIEF INFORMATION OFFICER.
* * * * * * *
TITLE 40--PUBLIC BUILDINGS PROPERTY AND WORKS
* * * * * * *
Subtitle I--Federal Property and Administrative Services
* * * * * * *
CHAPTER 3--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
* * * * * * *
SEC. 305. ELECTRONIC GOVERNMENT AND INFORMATION TECHNOLOGIES.
The Administrator of General Services shall consult with
the [Administrator of the Office of Electronic Government]
Federal Chief Information Officer on programs undertaken by the
General Services Administration to promote electronic
Government and the efficient use of information technologies by
Federal agencies.
* * * * * * *
Subtitle III--Information Technology Management
* * * * * * *
CHAPTER 113--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
* * * * * * *
Subchapter I--Director of Office of Management And Budget
* * * * * * *
SEC. 11302. CAPITAL PLANNING AND INVESTMENT CONTROL.
(a) * * *
(b) * * *
(c) * * *
(1) * * *
* * * * * * *
(4) Risk management.--For each major information
technology investment listed under paragraph (3)(A)
that receives a high risk rating, as described in
paragraph (3)(C), for 4 consecutive quarters--
(A) the Chief Information Officer of the
covered agency and the program manager of the
investment within the covered agency, in
consultation with the [Administrator of the
Office of Electronic Government] Federal Chief
Information Officer, shall conduct a review of
the investment that shall identify--
(i) * * *
(ii) * * *
(iii) * * *
(B) the [Administrator of the Office of
Electronic Government] Federal Chief
Information Officer shall communicate the
results of the review under subparagraph (A)
to--
(i) * * *
(ii) * * *
(iii) * * *
(C) in the case of a major information
technology investment of the Department of
Defense, the assessment required by
subparagraph (A) may be accomplished in
accordance with section 2445c of title 10,
provided that the results of the review are
provided to the [Administrator of the Office of
Electronic Government] Federal Chief
Information Officer upon request and to the
committees identified in subsection (B); and
(D) * * *
* * * * * * *
SEC. 11315. AGENCY CHIEF INFORMATION OFFICER.
(a) * * *
(b) General Responsibilities.--The Chief Information
Officer of an executive agency is responsible for--
(1) providing advice and other assistance to the head
of the executive agency and other senior management
personnel of the executive agency to ensure that
information technology is acquired and information
resources are managed for the executive agency in a
manner that implements the policies and procedures of
this subtitle, consistent with chapter 35 of title 44
and the priorities established by the head of the
executive agency;
(2) developing, maintaining, and facilitating the
implementation of a sound, secure, and integrated
information technology architecture for the executive
agency[; and];
(3) promoting the effective and efficient design and
operation of all major information resources management
processes for the executive agency, including
improvements to work processes of the executive
agency[.];
(4) data asset management, format standardization,
sharing of data, and publication of data;
(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 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.
(c) * * *
(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.
* * * * * * *
SEC. 11319. RESOURCES, PLANNING AND PORTFOLIO MANAGEMENT.
(a) * * *
(b) * * *
(c) Information Technology Portfolio, Program, and Resource
Reviews.--
(1) * * *
(2) * * *
(3) Annual review.-- The Chief Information Officer of
each covered agency, in conjunction with the Chief
Operating Officer or Deputy Secretary (or equivalent)
of the covered agency and the [Administrator of the
Office of Electronic Government] Federal Chief
Information Officer, shall conduct an annual review of
the information technology portfolio of the covered
agency.
(4) Applicability to the Department of Defense.-- In
the case of the Department of Defense, processes
established pursuant to this subsection shall apply
only to the business systems information technology
portfolio of the Department of Defense and not to
national security systems as defined by section
11103(a) of this title. The annual review required by
paragraph (3) shall be carried out by the Deputy Chief
Management Officer of the Department of Defense (or any
successor to such Officer), in consultation with the
Chief Information Officer, the Under Secretary of
Defense for Acquisition, Technology, and Logistics, and
other appropriate Department of Defense officials. The
Secretary of Defense may designate an existing
investment or management review process to fulfill the
requirement for the annual review required by paragraph
(3), in consultation with the [Administrator of the
Office of Electronic Government] Federal Chief
Information Officer.
(5) Quarterly reports.--
(A) In general.--The [Administrator of the
Office of Electronic Government] Federal Chief
Information Officer shall submit a quarterly
report on the cost savings and reductions in
duplicative information technology investments
identified through the review required by
paragraph (3) to--
(i) the Committee on Homeland
Security and Governmental Affairs and
the Committee on Appropriations of the
Senate;
(ii) the Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of
Representatives; and
(iii) upon a request by any committee
of Congress, to that committee.
(B) * * *
* * * * * * *
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
* * * * * * *
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
* * * * * * *
Subchapter I--Federal Information Policy
Sec. 3501. Purposes
Sec. 3502. Definitions
Sec. 3503. Office of Information and Regulatory Affairs
Sec. 3504. Authority and functions of Director
Sec. 3505. Assignment of tasks and deadlines
Sec. 3506. Federal agency responsibilities
Sec. 3507. Public information collection activities;
submission to Director; approval and delegation
Sec. 3508. Determination of necessity for information; hearing
Sec. 3509. Designation of central collection agency
Sec. 3510. Cooperation of agencies in making information available
Sec. 3511. Establishment and operation of Government Information
Locator Service
Sec. 3511A. Technology portal
Sec. 3512. Public protection
Sec. 3513. Director review of agency activities; reporting; agency
response
Sec. 3514. Responsiveness to Congress
Sec. 3515. Administrative powers
Sec. 3516. Rules and regulations
Sec. 3517. Consultation with other agencies and the public
Sec. 3518. Effect on existing laws and regulations
Sec. 3519. Access to information
Sec. 3520. Establishment of task force on information
collection and dissemination
Sec. 3521. Authorization of appropriations
Sec. 3522. Requirements for Federal data
Sec. 3523. Enterprise data inventory
Sec. 3531--Repealed. Pub. L. 113-283, Sec. 2(a), Dec. 18,
2014, 128 Stat. 3073
* * * * * * *
SEC. 3502. DEFINITIONS.
(1) * * *
* * * * * * *
(13) the term ``recordkeeping requirement'' means a
requirement imposed by or for an agency on persons to
maintain specified records, including a requirement
to--
(A) retain such records;
(B) notify third parties, the Federal
Government, or the public of the existence of
such records;
(C) disclose such records to third parties,
the Federal Government, or the public; or
(D) report to third parties, the Federal
Government, or the public regarding such
records[; and];
(14) the term ``penalty'' includes the imposition by
an agency or court of a fine or other punishment; a
judgment for monetary damages or equitable relief; or
the revocation, suspension, reduction, or denial of a
license, privilege, right, grant, or benefit[.];
(15) the term `data' means recorded information,
regardless of form or the media on which the data is
recorded;
(16) the term `data asset' means a collection of data
elements or data sets that may be grouped together;
(17) the term `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. 3503. OFFICE OF INFORMATION AND REGULATORY AFFAIRS.
(a) * * *
(b) * * *
(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.
SEC. 3504. AUTHORITY AND FUNCTIONS OF DIRECTOR.
(a)
(1) The Director shall oversee the use of information
resources to improve the efficiency and effectiveness
of governmental operations to serve agency missions,
including burden reduction and service delivery to the
public. In performing such oversight, the Director
shall--
(A) develop, coordinate and oversee the
implementation of Federal information resources
management policies, principles, standards, and
guidelines[; and];
(B) provide direction and oversee--
(i) the review and approval of the
collection of information and the
reduction of the information collection
burden;
(ii) agency dissemination of and
public access to information;
(iii) statistical activities;
(iv) records management activities;
(v) privacy, confidentiality,
security, disclosure, and sharing of
information; and
(vi) the acquisition and use of
information technology, including
alternative information technologies
that provide for electronic submission,
maintenance, or disclosure of
information as a substitute for paper
and for the use and acceptance of
electronic signatures[.]; and
(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; 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 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.
* * * * * * *
(h) With respect to Federal information technology, the
Director shall--
(1) in consultation with the Director of the National
Institute of Standards, the Federal Chief Information
Officer and Technology and the Administrator of General
Services--
* * * * * * *
(4) ensure, through the review of agency budget
proposals, information resources management plans and
other means--
(A) agency integration of information
resources management plans, program plans and
budgets for acquisition and use of information
technology[; and];
(B) the efficiency and effectiveness of
inter-agency information technology initiatives
to improve agency performance and the
accomplishment of agency missions; and
(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;
(5) promote the use of information technology by the
Federal Government to improve the productivity,
efficiency, and effectiveness of Federal programs,
including through dissemination of public information
and the reduction of information collection burdens on
the public[.]; and
(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.
SEC. 3506. FEDERAL AGENCY RESPONSIBILITIES.
(a) * * *
(b) With respect to general information resources
management, each agency shall--
(1) manage information resources to--
(A) reduce information collection burdens on
the public;
(B) increase program efficiency and
effectiveness; and
(C) improve the integrity, quality, and
utility of information to all users within and
outside the agency, including capabilities for
ensuring dissemination of public information,
public access to government information, and
protections for privacy and [security;]
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;
* * * * * * *
(4) in consultation with the Director, the
Administrator of General Services, and the Archivist of
the United States, maintain a current and complete
inventory of the agency's information resources,
including directories necessary to fulfill the
requirements of section 3511 of this [subchapter, and]
subchapter and a review of each agency's Enterprise
Data Inventory described in section 3523;
(5) in consultation with the Director and the
Director of the Office of Personnel Management, conduct
formal training programs to educate agency program and
management officials about information resources
management[.]; and
(6) in 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.
(c) [With respect to] Except as provided under subsection
(j), with respect to the collection of information and the
control of paperwork, each agency shall--
* * * * * * *
(d) With respect to information dissemination, each agency
[shall]--
(1) shall ensure that the public has timely and
equitable access to the agency's public information,
including ensuring such access through--
(A) encouraging a diversity of public and
private [sources] sources and uses for
information based on government public
information;
(B) in cases in which the agency provides
public information maintained in electronic
format, providing timely and equitable access
to the underlying data (in whole or in part);
and
(C) agency dissemination of public
information in an efficient, effective, and
economical manner, including providing access
to open Government data online;
(2) shall regularly solicit and consider public input
on the agency's information dissemination activities;
(3) shall provide adequate notice when initiating,
substantially modifying, or terminating significant
information dissemination products[; and];
(4) may not, except where specifically authorized by
statute--
(A) establish an exclusive, restricted, or
other distribution arrangement that interferes
with timely and equitable availability of
public information to the public;
(B) restrict or regulate the use, resale, or
redissemination of public information by the
public;
(C) charge fees or royalties for resale or
redissemination of public information; or
(D) establish user fees for public
information that exceed the cost of
dissemination[.];
(5) shall take the necessary precautions to ensure
that the agency maintains the production and
publication of data 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 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.
* * * * * * *
(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).
* * * * * * *
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).
* * * * * * *
SEC. 3522. REQUIREMENTS FOR GOVERNMENT DATA.
(a) Machine-Readable Data Required.--Government data 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 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 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.
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 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, to the extent practicable.
(2) Contents.--The Enterprise Data Inventory shall
include each of the following:
(A) Data used in agency information systems,
including program administration, statistical,
and financial activity.
(B) Data shared or maintained across agency
programs and bureaus.
(C) Data that are shared among agencies or
created by more than 1 agency.
(D) A clear indication of all data 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.
(G) Government data 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 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 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.
* * * * * * *
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
* * * * * * *
CHAPTER 36--MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES
Sec. 3601. Definitions
Sec. 3602. [Office of Electronic Government] Office of the Federal
Chief Information Officer
Sec. 3603. Chief Information Officers Council
Sec. 3604. E-Government Fund
Sec. 3605. Program to encourage innovative solutions to enhance
electronic Government services and
processes
Sec. 3606. E-Government report
SEC. 3601. DEFINITIONS.
In this chapter, the definitions under section 3502 shall
apply, and the term--
[(1) ``Administrator'' means the Administrator of the
Office of Electronic Government established under
section 3602;]
[(2)](1) ``Council'' means the Chief Information
Officers Council established under section 3603;
[(3)](2) ``electronic Government'' means the use by
the Government of web-based Internet applications and
other information technologies, combined with processes
that implement these technologies, to--
(A) enhance the access to and delivery of
Government information and services to the
public, other agencies, and other Government
entities; or
(B) bring about improvements in Government
operations that may include effectiveness,
efficiency, service quality, or transformation;
[(4)](3) ``enterprise architecture''--
(4) `Federal Chief Information Officer' means the
Federal Chief Information Officer of the Office of the
Federal Chief Information Officer established under
section 3602;
* * * * * * *
SEC. 3602. OFFICE OF [ELECTRONIC GOVERNMENT] THE FEDERAL CHIEF
INFORMATION OFFICER.
(a) There is established in the Office of Management and
Budget an [Office of Electronic Government] Office of the
Federal Chief Information Officer.
(b) There shall be at the head of the Office [an
Administrator] a Federal Chief Information Officer who shall be
appointed by the President.
(c) [The Administrator] The Federal Chief Information
Officer shall assist the Director in carrying out--
(1) all functions under this chapter;
(2) all of the functions assigned to the Director
under title II of the E-Government Act of 2002; and
(3) other electronic government initiatives,
consistent with other statutes.
(d) [The Administrator] The Federal Chief Information
Officer shall assist the Director and the Deputy Director for
Management and work with the Administrator of the Office of
Information and Regulatory Affairs in setting strategic
direction for implementing electronic Government, under
relevant statutes, including--
(1) chapter 35;
(2) subtitle III of title 40, United States Code;
(3) section 552a of title 5 (commonly referred to as
the ``Privacy Act'');
(4) the Government Paperwork Elimination Act (44
U.S.C. 3504 note); and
(5) the Federal Information Security Management Act
of 2002.
(e) [The Administrator] The Federal Chief Information
Officer shall work with the Administrator of the Office of
Information and Regulatory Affairs and with other offices
within the Office of Management and Budget to oversee
implementation of electronic Government under this chapter,
chapter 35, the E-Government Act of 2002, and other relevant
statutes, in a manner consistent with law, relating to--
(1) capital planning and investment control for
information technology;
(2) the development of enterprise architectures;
(3) information security;
(4) privacy;
(5) access to, dissemination of, and preservation of
Government information;
(6) accessibility of information technology for
persons with disabilities; and
(7) other areas of electronic Government.
(f) Subject to requirements of this chapter, [the
Administrator shall] the Federal Chief Information Officer
shall assist the Director by performing electronic Government
functions as follows:
(1) * * *
* * * * * * *
(16) Administer the [Office of Electronic Government]
the Office of the Federal Chief Information Officer
established under this section.
(17) Assist the Director in preparing the E-
Government report established under section 3606.
(g) The Director shall ensure that the Office of Management
and Budget, including [the Office of Electronic Government] the
Office of the Federal Chief Information Officer, the Office of
Information and Regulatory Affairs, and other relevant offices,
have adequate staff and resources to properly fulfill all
functions under the E-Government Act of 2002.
SEC. 3603. CHIEF INFORMATION OFFICERS COUNCIL.
(a) * * *
(b) The members of the Council shall be as follows:
(1) The Deputy Director for Management of the Office
of Management and Budget, who shall act as chairperson
of the Council.
(2) [The Administrator of the Office of Electronic
Government] the Office of the Federal Chief Information
Officer.
* * * * * * *
(c)
(1) [The Administrator of the Office of Electronic
Government] The Federal Chief Information Officer shall
lead the activities of the Council on behalf of the
Deputy Director for Management.
* * * * * * *
(f) The Council shall perform functions that include the
following:
(1) Develop recommendations for the Director on
Government information resources management policies
and requirements.
(2) Share experiences, ideas, best practices, and
innovative approaches related to information resources
management.
(3) Assist [the Administrator] the Federal Chief
Information Officer in the identification, development,
and coordination of multiagency projects and other
innovative initiatives to improve Government
performance through the use of information technology.
* * * * * * *
(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 across the Government.
* * * * * * *
SEC. 3604. E-GOVERNMENT FUND.
(a)
(1) There is established in the Treasury of the
United States the E-Government Fund.
(2) The Fund shall be administered by the
Administrator of the General Services Administration to
support projects approved by the Director, assisted by
[the Administrator of the Office of Electronic
Government] the Federal Chief Information Officer, that
enable the Federal Government to expand its ability,
through the development and implementation of
innovative uses of the Internet or other electronic
methods, to conduct activities electronically.
(b)
(1) The [Administrator] Federal Chief Information
Officer shall--
(A) establish procedures for accepting and
reviewing proposals for funding;
(B) consult with interagency councils,
including the Chief Information Officers
Council, the Chief Financial Officers Council,
and other interagency management councils, in
establishing procedures and reviewing
proposals; and
(C) assist the Director in coordinating
resources that agencies receive from the Fund
with other resources available to agencies for
similar purposes.
(2) When reviewing proposals and managing the Fund,
the [Administrator] Federal Chief Information Officer
shall observe and incorporate the following procedures:
(A) A project requiring substantial
involvement or funding from an agency shall be
approved by a senior official with agencywide
authority on behalf of the head of the agency,
who shall report directly to the head of the
agency.
(B) Projects shall adhere to fundamental
capital planning and investment control
processes.
(C) Agencies shall identify in their
proposals resource commitments from the
agencies involved and how these resources would
be coordinated with support from the Fund, and
include plans for potential continuation of
projects after all funds made available from
the Fund are expended.
(D) After considering the recommendations of
the interagency councils, the Director,
assisted by the [Administrator] Federal Chief
Information Officer, shall have final authority
to determine which of the candidate projects
shall be funded from the Fund.
(E) Agencies shall assess the results of
funded projects.
(c) In determining which proposals to recommend for
funding, [the Administrator] the Federal Chief Information
Officer--
* * * * * * *
SEC. 3605. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE
ELECTRONIC GOVERNMENT SERVICES AND PROCESSES.
(a) Establishment of Program.--[The Administrator] The
Federal Chief Information Officer shall establish and promote a
Governmentwide program to encourage contractor innovation and
excellence in facilitating the development and enhancement of
electronic Government services and processes.
(b) Issuance of Announcements Seeking Innovative
Solutions.--Under the program[, the Administrator,], the
Federal Chief Information Officer, in consultation with the
Council and the Administrator for Federal Procurement Policy,
shall issue announcements seeking unique and innovative
solutions to facilitate the development and enhancement of
electronic Government services and processes[.]; and
(c) Multiagency Technical Assistance Team.--
(1) [The Administrator] The Federal Chief Information
Officer, in consultation with the Council and the
Administrator for Federal Procurement Policy, shall
convene a multiagency technical assistance team to
assist in screening [proposals submitted to the
Administrator] proposals submitted to the Federal Chief
Information Officer to provide unique and innovative
solutions to facilitate the development and enhancement
of electronic Government services and processes. The
team shall be composed of employees of the agencies
represented on the Council who have expertise in
scientific and technical disciplines that would
facilitate the assessment of the feasibility of the
proposals.
(2) The technical assistance team shall--
(A) assess the feasibility, scientific and
technical merits, and estimated cost of each
proposal; and
(B) submit each proposal, and the assessment
of the proposal, to [the Administrator] the
Federal Chief Information Officer.
(3) The technical assistance team shall not consider
or evaluate proposals submitted in response to a
solicitation for offers for a pending procurement or
for a specific agency requirement.
(4) After receiving proposals and assessments from
the technical assistance team, [the Administrator] the
Federal Chief Information Officer shall consider
recommending appropriate proposals for funding under
the E-Government Fund established under section 3604
or, if appropriate, forward the proposal and the
assessment of it to the executive agency whose mission
most coincides with the subject matter of the proposal.
* * * * * * *
TITLE 50--WAR AND NATIONAL DEFENSE
* * * * * * *
CHAPTER 44--NATIONAL SECURITY
* * * * * * *
Subchapter III--Accountability for Intelligence Activities
* * * * * * *
SEC. 3100. INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.
(a) * * *
* * * * * * *
(k) Definitions in this section:
(1) The term ``enterprise architecture'' has the
meaning given that term in [section 3601(4)] section
3601(3) of title 44.
* * * * * * *
[all]