```

[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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \15\The Digital Accountability and Transparency Act, Pub. L. No. 
113-101, Sec. 128 Stat. 1146 (2014).
    \16\Id.
---------------------------------------------------------------------------
    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]
```