[Senate Report 115-134]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 180
115th Congress    }                                     {      Report
                                 SENATE
 1st Session      }                                     {     115-134
_______________________________________________________________________

                                     

                        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. 760

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]















                 July 24, 2017.--Ordered to be printed
                 
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

69-010                         WASHINGTON : 2017 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio                    THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky                  JON TESTER, Montana
JAMES LANKFORD, Oklahoma             HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming             GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota            MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana                KAMALA D. HARRIS, California

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
                  Daniel J. Spino, Research Assistant
               Margaret E. Daum, Minority Staff Director
               Stacia M. Cardille, Minority Chief Counsel
       Charles A. Moskowitz, Minority Senior Legislative Counsel
                 Katherine C. Sybenga, Minority Counsel
                     Laura W. Kilbride, Chief Clerk





















                                                     Calendar No. 180
115th Congress    }                                     {      Report
                                 SENATE
 1st Session      }                                     {     115-134
======================================================================



 
                        OPEN GOVERNMENT DATA ACT

                                _______
                                

                 July 24, 2017.--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. 760]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 760) 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 amendments 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. 760, 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 in the 
inventory that can be made public be publicly available. 
Finally, the bill strengthens the Federal Chief Information 
Officer's (CIO) role in oversight of open data and information 
resources management policy.\1\
---------------------------------------------------------------------------
    \1\On May 25, 2016, the Committee approved S. 2852, the Open, 
Public, Electronic, and Necessary Government Data Act. The bill passed 
the Senate on December 10, 2016. That bill is substantially similar in 
purpose to S. 760. Accordingly, this committee report is in large part 
a reproduction of Chairman Johnson's committee report for S. 2852, S. 
Rep. No. 114-396.
---------------------------------------------------------------------------

              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.\2\ 
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.\3\
---------------------------------------------------------------------------
    \2\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://obamawhitehouse.archives.gov/the-press-office/2016/09/28/
fact-sheet-data-people-people-eight-years-progress-opening-government.
    \3\U.S. Department of Transportation, Kristen Baldwin, Associate 
Chief Information Officer for IT Policy Oversight, Open Data at DOT--A 
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.
---------------------------------------------------------------------------
    According to the Government Accountability Office (GAO), 
some agencies are not adequately sharing or making their data 
on Federal spending easy to use.\4\ This lack of openness has 
led to problems of quality and completeness of the data 
presented.\5\ 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.''\6\
---------------------------------------------------------------------------
    \4\See generally, Gov't Accountability Office, GAO-14-476, Data 
Transparency Oversight Needed to Address Underreporting and 
Inconsistencies on Federal Websites (2014).
    \5\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).
    \6\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.\7\ In one instance, the Environmental 
Protection Agency and the Food and Drug Administration both 
inspected the same laboratories for ``good laboratory 
practices.''\8\ 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.\9\ 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.\10\
---------------------------------------------------------------------------
    \7\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).
    \8\Gov't Accountability Office, GAO-14-289, Pesticide Safety: 
Improvements Needed in EPA's Good Laboratory Practices Inspection 
Program (2014).
    \9\Id. at 51.
    \10\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.\11\
---------------------------------------------------------------------------
    \11\Joshua Tauberer, Open Government Data: The Book, Introduction 
(2nd ed. 2014), available at https://opengovdata.io/2014/transparency-
participation-collaboration.
---------------------------------------------------------------------------
    The Obama Administration issued several directives and 
memoranda in an effort to encourage agencies to open up their 
data;\12\ however, these policies did not result in 
transparency of all data assets.\13\ 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.\14\ 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 the Office of Management and 
Budget's (OMB) direction to do so.\15\ Additionally, some of 
the data assets 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\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://obamawhitehouse.archives.gov/the-press-
office/transparency-and-open-government; Office of Mgmt. & Budget, 
Exec. Office of the President, M-10-06, Open Government Directive 
(2009), available at https://obamawhitehouse.archives.gov/sites/
default/files/omb/assets/memoranda_2010/m10-06.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://
obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2013/m-
13-13.pdf.
    \13\Joshua Tauberer, Open Government Data: The Book, Introduction 
(2d ed. 2014), available at https://opengovdata.io/2014/transparency-
participation-collaboration.
    \14\Id.
    \15\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.\16\ Most importantly, the law requires agencies to 
report the information using a common set of data standards to 
ensure comparability and usability.\17\
---------------------------------------------------------------------------
    \16\The Digital Accountability and Transparency Act, Pub. L. No. 
113-101, Sec. 128 Stat. 1146 (2014).
    \17\Id.
---------------------------------------------------------------------------
    But while new laws have spurred openness with respect to 
some Federal data, S. 760 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 to the 
public--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. 
Posting these data assets is likely to reduce requests for 
information through the Freedom of Information Act because it 
makes the information immediately retrievable.
    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.

                        III. Legislative History

    S. 760, the OPEN Government Data Act, was introduced on 
March 29, 2017, 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. 760 at a business meeting on 
May 17, 2017. The legislation was adopted by voice vote en 
bloc. Senators present for the vote were Johnson, McCain, 
Portman, Paul, Lankford, Enzi, Hoeven, Daines, McCaskill, 
Tester, Heitkamp, Peters, Hassan, and Harris. Consistent with 
Committee Rule 11, the Committee reports the bill with a 
technical amendment by mutual agreement of the Chairman and 
Ranking Member.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Open, Public, Electronic, and Necessary Government Data 
Act,'' or the ``OPEN Government Data Act.''

Sec. 2. Findings

    This section highlights the value of Government data as a 
national resource, and the importance of maximizing the 
usefulness of the data while sparking innovation and making the 
Government more efficient. It also stresses that the Government 
has a responsibility to be transparent and accountable to its 
citizens. Because of this responsibility, the Government should 
release its data in an open format that will help agencies 
identify and reduce waste.

Sec. 3. Definition

    This section defines the term ``agency.''

Sec. 4. Open Government data

    This section adds a new subchapter III to Chapter 35 of 
title 44, United States Code, to establish 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.
    New section 3561 provides definitions for the terms agency, 
data, data asset, director, enterprise data inventory, 
information resources management, information system, 
information technology, machine-readable, metadata, nonpublic 
data asset, open Government data asset, open license, and 
public data asset.
    New section 3562 requires that all open government data be 
machine-readable and, to the extent practicable, available 
under an open license. It also encourages agencies to 
collaborate with nongovernmental entities and individuals to 
examine innovative ways to use public data assets.
    New section 3563 requires each agency head, in consultation 
with the OMB Director, to develop and maintain an enterprise 
data inventory and lays out the required contents of that 
inventory. Each agency's CIO is tasked with making the 
inventory publicly available in an open format and under an 
open license on Data.gov, and updated regularly. This section 
also requires the Director of OMB to establish inventory 
standards for the agencies to use, and permits data assets that 
cannot be made public to be maintained in a nonpublic section 
of the inventory.
    New section 3564 outlines general information resource 
management practices that each agency is required to meet and 
requires agencies to follow guidelines in disseminating 
information online.
    New section 3565 details the responsibilities of each 
agency's CIO with regard to the Enterprise Data Inventory and 
data asset management.
    New section 3566 of subchapter III requires the General 
Services Administration (GSA) Administrator to maintain a 
single online public interface to publicly share the Government 
data assets.

Sec. 5. Evaluation of agency analytical capabilities

    Section 5 requires each agency's CIO to conduct a review 
that assesses the quality, methods, effectiveness, and 
independence of the agency's evaluation research and analysis 
efforts three years after enactment and submit this report 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 OMB Director. 
Additionally, this section requires the GAO to issue a report 
to Congress not later than four years after the bill's 
enactment that summarizes each agency's findings, highlights 
trends across agencies, and recommends further actions.

Sec. 6. Online repository and additional reports

    Section 6 requires the OMB to work with the GSA and the 
Office of Government Information Services to maintain an online 
repository of tools and best practices to facilitate open 
government data.
    This section also requires GAO to complete a report no 
later than three years after the enactment of the bill to 
report on the value of information made available and whether 
it makes sense to expand the information accessible.
    Finally, section 6 requires a biennial report by OMB and an 
annual report by the CIO of each agency regarding compliance 
with the bill to be submitted to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives.

Sec. 7. Rule of construction

    This section ensures that bill not be read to require the 
disclosure of information or records that are exempt from 
disclosure under the ``Freedom of Information Act.''

Sec. 8. Effective date

    This section establishes an effective starting date of 180 
days after the bill is enacted.

                   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

                                                     June 28, 2017.
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. 760, 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. 760--OPEN Government Data Act

    S. 760 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 
(OMB) would establish an inventory of all federal data sets and 
would direct the General Services Administration (GSA) to 
maintain an online interface for all such data. The bill also 
would require the Government Accountability Office (GAO), OMB, 
and Chief Information Officers at each federal agency to report 
to the Congress about this effort.
    Information from the General Services Administration and 
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. However, CBO expects that implementing S. 760 
would cost about $2 million over the 2018-2021 period, for 
additional administrative and reporting costs for GSA and other 
agencies and to implement the new reporting requirements for 
GAO; such spending would be subject to the availability of 
appropriated funds.
    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. 
760 would not affect revenues.
    CBO estimates that enacting S. 760 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 760 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 Theresa Gullo, 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 44--PUBLIC PRINTING AND DOCUMENTS

           *       *       *       *       *       *       *


CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY

           *       *       *       *       *       *       *



Subchapter III--OPEN Government Data

           *       *       *       *       *       *       *



                   SUBCHAPTER III--OPEN GOVERNMENT DATA

3561. Definitions.
3562. Requirements for Government data.
3563. Enterprise Data Inventory
3564. Federal agency responsibilities.
3565. Additional Chief Information Officer responsibilities.
3566. Technology portal.

           *       *       *       *       *       *       *


SEC. 3561. DEFINITIONS.

    As used in this subchapter--
          (1) the term ``agency''--
                  (A) has the meaning given the term in section 
                3502; and
                  (B) includes the Federal Election Commission;
          (2) the term ``data'' means recorded information, 
        regardless of form or the media on which the data is 
        recorded;
          (3) the term ``data asset'' means a collection of 
        data element or data sets that may be grouped together;
          (4) the term ``Director'' means the Director of the 
        Office of Management and Budget;
          (5) the term ``Enterprise Data Inventory'' means a 
        data inventory developed and maintained pursuant to 
        section 3563;
          (6) the terms ``information resources management'', 
        ``information system'' and ``information technology'' 
        have the meaning given those terms in section 3502;
          (7) 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;
          (8) 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, contract information, method of 
        collection, and other descriptions;
          (9) 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;
          (10) the term ``open Government data asset'' means a 
        data asset maintained by the Federal Government that 
        is--
                  (A) machine-readable;
                  (B) available in an open format;
                  (C) not encumbered by restrictions that would 
                impede use or reuse; and
                  (D) based on an underlying open standard that 
                is maintained by a standards organization;
          (11) the term ``open license'' means a legal 
        guarantee applied to a public data asset that the 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
          (12) the term ``public data asset'' means a data 
        asset maintained by the Federal Government that--
                  (A) may be released to the public;
                  (B) has been released to the public in an 
                open format and is discoverable through a 
                search of Data.gov or any successor to 
                Data.gov; or
                  (C) is part of the worldwide public domain 
                or, if necessary, published with an open 
                license.

SEC. 3562. REQUIREMENTS FOR GOVERNMENT DATA.

    (a) Machine-Readable Data Required.--Open 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, public data assets and nonpublic 
data assets maintained by the Federal Government 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, open 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, nonprofit 
organizations, colleges and universities, private and public 
companies, and other agencies to explore opportunities to 
leverage the public data assets of the agency in a manner that 
may provide new opportunities for innovation in the public and 
private sectors in accordance with law and regulation.

SEC. 3563. 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, shall develop and 
        maintain an 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 goal of 
        including all data assets, to the extent practicable.
          (2) Contents.--Each Enterprise Data Inventory shall 
        include the following:
                  (A) Data assets used in agency information 
                systems (including program administration, 
                statistics, and financial activity) generated 
                by applications, devices, networks, facilities, 
                and equipment, categorized by source type.
                  (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 known 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 available to the public.
                  (F) Nonpublic data assets.
                  (G) Open Government data assets.
    (b) Public Availability.--The Chief Information Officer of 
each agency shall use the standards issued by the Director 
pursuant to subsection (c) to make public data assets included 
in the Enterprise Data Inventory of the agency publicly 
available in an open format and under an open license.
    (c) Standards for Enterprise Data Inventory.--The Director 
shall issue standards for an Enterprise Data Inventory, 
including--
          (1) a requirement that an Enterprise Data Inventory 
        include a compilation of metadata about agency data 
        assets; and
          (2) 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--
                  (A) the expectation of confidentiality 
                associated with an individual data asset;
                  (B) security considerations, including the 
                risk that information in an individual data 
                asset in isolation does not pose a security 
                risk but when combined with other available 
                information may pose such a risk;
                  (C) the cost and benefits to the public of 
                converting the data into a manner that could be 
                understood and used by the public;
                  (D) the expectation that all data assets that 
                would otherwise be made available under section 
                552 of title 5 (commonly known as the ``Freedom 
                of Information Act'') be disclosed; and
                  (E) any other considerations that the 
                Director determines to be relevant.
    (d) Nonpublic Data Assets.--Nonpublic data assets included 
in an Enterprise Data Inventory may be maintained in a 
nonpublic section of the inventory.
    (e) Availability of Enterprise Data Inventory.--The Chief 
Information Officer of each agency
          (1) shall make the Enterprise Data Inventory of the 
        agency available to the public on Data.gov;
          (2) shall ensure that access to the Enterprise Data 
        Inventory of the agency and the data contained therein 
        is consistent with applicable law and regulation; and
          (3) may implement paragraph (1) in a manner that 
        maintains a nonpublic portion of the Enterprise Data 
        Inventory of the agency.
    (f) 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.
    (g) 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.

SEC. 3564. FEDERAL AGENCY RESPONSIBILITIES.

    (a) Information Resources Management.--With respect to 
general information resources management, each agency shall--
          (1) improve the integrity, quality, and utility of 
        information to all users within and outside the agency 
        by--
                  (A) using open format for any new open 
                Government data asset created or obtained on or 
                after the date that is 1 year after the date of 
                enactment of this section; and
                  (B) to the extent practicable, encouraging 
                the adoption of open format for all open 
                Government data assets created or obtained 
                before the date described in subparagraph (A); 
                and
          (2) in consultation with the Director, develop an 
        open data plan 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 sue 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 assets;
                  (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;
                  (C) develops and implements a process to 
                evaluate and improve the timeliness, 
                completeness, accuracy, usefulness, and 
                availability of open Government data assets;
                  (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 sectors; and
                  (F) prohibits the dissemination and 
                accidental disclosure of nonpublic data assets.
    (b) Information Dissemination.--With respect to information 
dissemination, each agency--
          (1) shall provide access to open Government data 
        assets online;
          (2) 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 under subsection (a)(2); and
          (3) may engage the public in using open Government 
        data assets and encourage collaboration by--
                  (A) publishing information on open Government 
                data assets usage in regular, timely intervals, 
                but not less frequently 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 assets; and
                  (D) hosting challenges, competitions, events, 
                or other initiatives designed to create 
                additional value from open Government data 
                assets.

SEC. 3565. ADDITIONAL CHIEF INFORMATION OFFICER RESPONSIBILITIES.

    The Chief Information Officer of each agency, or other 
appropriate official designated by the head of an agency, is 
responsible for--
          (1) data asset management, format standardization, 
        sharing of data assets, and publication of data assets 
        for the agency;
          (2) the compilation and publication of the Enterprise 
        Data Inventory for the agency required under section 
        3563;
          (3) ensuring that agency data conforms with open data 
        best practices;
          (4) engaging agency employees, the public, and 
        contractors in using open Government data assets and 
        encouraging collaborative approaches to improving data 
        use;
          (5) 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;
          (6) reviewing the information technology 
        infrastructure of the agency and the impact of the 
        infrastructure in making data assets accessible to 
        reduce barriers that inhibit data asset accessibility;
          (7) ensuring that, to the extent practicable, the 
        agency is maximizing its own use of data, including 
        data assets used in agency information systems 
        (including program administration, statistics, and 
        financial activity) generated by applications, devices, 
        networks, facilities, and equipment, categorized by 
        source type, and such use is not otherwise prohibited, 
        to reduce costs, improve operations, and strengthen 
        security and privacy protections; and
          (8) identifying points of contact for roles and 
        responsibilities related to open data use and 
        implementation as required by the Director.

SEC. 3566. 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 assets 
with the public.
    (b) Coordination With Agencies.--The Director shall 
determine, after consultation with the head of each agency and 
the administrator of General Services, the method to access any 
open Government data assets published through the interface 
described in subsection (a).

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