[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Presidential Documents]
[Pages 28111-28113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11533]


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                         Presidential Documents 
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  Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 28111]]

                Executive Order 13642 of May 9, 2013

                
Making Open and Machine Readable the New Default 
                for Government Information

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. General Principles. Openness in government 
                strengthens our democracy, promotes the delivery of 
                efficient and effective services to the public, and 
                contributes to economic growth. As one vital benefit of 
                open government, making information resources easy to 
                find, accessible, and usable can fuel entrepreneurship, 
                innovation, and scientific discovery that improves 
                Americans' lives and contributes significantly to job 
                creation.

                Decades ago, the U.S. Government made both weather data 
                and the Global Positioning System freely available. 
                Since that time, American entrepreneurs and innovators 
                have utilized these resources to create navigation 
                systems, weather newscasts and warning systems, 
                location-based applications, precision farming tools, 
                and much more, improving Americans' lives in countless 
                ways and leading to economic growth and job creation. 
                In recent years, thousands of Government data resources 
                across fields such as health and medicine, education, 
                energy, public safety, global development, and finance 
                have been posted in machine-readable form for free 
                public use on Data.gov. Entrepreneurs and innovators 
                have continued to develop a vast range of useful new 
                products and businesses using these public information 
                resources, creating good jobs in the process.

                To promote continued job growth, Government efficiency, 
                and the social good that can be gained from opening 
                Government data to the public, the default state of new 
                and modernized Government information resources shall 
                be open and machine readable. Government information 
                shall be managed as an asset throughout its life cycle 
                to promote interoperability and openness, and, wherever 
                possible and legally permissible, to ensure that data 
                are released to the public in ways that make the data 
                easy to find, accessible, and usable. In making this 
                the new default state, executive departments and 
                agencies (agencies) shall ensure that they safeguard 
                individual privacy, confidentiality, and national 
                security.

                Sec. 2. Open Data Policy. (a) The Director of the 
                Office of Management and Budget (OMB), in consultation 
                with the Chief Information Officer (CIO), Chief 
                Technology Officer (CTO), and Administrator of the 
                Office of Information and Regulatory Affairs (OIRA), 
                shall issue an Open Data Policy to advance the 
                management of Government information as an asset, 
                consistent with my memorandum of January 21, 2009 
                (Transparency and Open Government), OMB Memorandum M-
                10-06 (Open Government Directive), OMB and National 
                Archives and Records Administration Memorandum M-12-18 
                (Managing Government Records Directive), the Office of 
                Science and Technology Policy Memorandum of February 
                22, 2013 (Increasing Access to the Results of Federally 
                Funded Scientific Research), and the CIO's strategy 
                entitled ``Digital Government: Building a 21st Century 
                Platform to Better Serve the American People.'' The 
                Open Data Policy shall be updated as needed.

                    (b) Agencies shall implement the requirements of 
                the Open Data Policy and shall adhere to the deadlines 
                for specific actions specified therein. When 
                implementing the Open Data Policy, agencies shall 
                incorporate a full analysis of privacy, 
                confidentiality, and security risks into each stage

[[Page 28112]]

                of the information lifecycle to identify information 
                that should not be released. These review processes 
                should be overseen by the senior agency official for 
                privacy. It is vital that agencies not release 
                information if doing so would violate any law or 
                policy, or jeopardize privacy, confidentiality, or 
                national security.

                Sec. 3. Implementation of the Open Data Policy. To 
                facilitate effective Government-wide implementation of 
                the Open Data Policy, I direct the following:

                    (a) Within 30 days of the issuance of the Open Data 
                Policy, the CIO and CTO shall publish an open online 
                repository of tools and best practices to assist 
                agencies in integrating the Open Data Policy into their 
                operations in furtherance of their missions. The CIO 
                and CTO shall regularly update this online repository 
                as needed to ensure it remains a resource to facilitate 
                the adoption of open data practices.
                    (b) Within 90 days of the issuance of the Open Data 
                Policy, the Administrator for Federal Procurement 
                Policy, Controller of the Office of Federal Financial 
                Management, CIO, and Administrator of OIRA shall work 
                with the Chief Acquisition Officers Council, Chief 
                Financial Officers Council, Chief Information Officers 
                Council, and Federal Records Council to identify and 
                initiate implementation of measures to support the 
                integration of the Open Data Policy requirements into 
                Federal acquisition and grant-making processes. Such 
                efforts may include developing sample requirements 
                language, grant and contract language, and workforce 
                tools for agency acquisition, grant, and information 
                management and technology professionals.
                    (c) Within 90 days of the date of this order, the 
                Chief Performance Officer (CPO) shall work with the 
                President's Management Council to establish a Cross-
                Agency Priority (CAP) Goal to track implementation of 
                the Open Data Policy. The CPO shall work with agencies 
                to set incremental performance goals, ensuring they 
                have metrics and milestones in place to monitor 
                advancement toward the CAP Goal. Progress on these 
                goals shall be analyzed and reviewed by agency 
                leadership, pursuant to the GPRA Modernization Act of 
                2010 (Public Law 111-352).
                    (d) Within 180 days of the date of this order, 
                agencies shall report progress on the implementation of 
                the CAP Goal to the CPO. Thereafter, agencies shall 
                report progress quarterly, and as appropriate.

                Sec. 4. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of OMB relating to budgetary, 
administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

[[Page 28113]]

                    (d) Nothing in this order shall compel or authorize 
                the disclosure of privileged information, law 
                enforcement information, national security information, 
                personal information, or information the disclosure of 
                which is prohibited by law.
                    (e) Independent agencies are requested to adhere to 
                this order.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 9, 2013.

[FR Doc. 2013-11533
Filed 5-13-13; 8:45 am]
Billing code 3295-F3