U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–396 

Calendar No. 718 

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 

DECEMBER 8, 2016.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

JONI ERNST, Iowa 

BEN SASSE, Nebraska 

THOMAS R. CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

CORY A. BOOKER, New Jersey 

GARY C. PETERS, Michigan 

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 


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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 


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1The 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-sheetdata-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-opendata.cio.gov/transportation-case-study. 3See generally. GOV’T ACCOUNTABILITY OFFICE, GAO–14–476, DATA TRANSPARENCY OVER- SIGHT NEEDED TO ADDRESS UNDERREPORTING AND INCONSISTENCIES ON FEDERAL WEBSITES

(2014). 4GOV’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. 6See generally, GOV’T ACCOUNTABILITY OFFICE, GAO–15–404SP, 2015 ANNUAL REPORT: ADDI- TIONAL OPPORTUNITIES TO REDUCE FRAGMENTATION, OVERLAP, AND DUPLICATION AND ACHIEVE

OTHER FINANCIAL BENEFITS (2015). 7GOV’T ACCOUNTABILITY OFFICE, GAO–1409289, PESTICIDE SAFETY: IMPROVEMENTS NEEDED

IN EPA’S GOOD LABORATORY PRACTICES INSPECTION PROGRAM (2014). 8 Id. at 51. 

(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

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 decisionmaking and oversight.’’ 5

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 


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9 Id. at 181. 10 Joshua Tauberer, Open Government Data: The Book, Introduction (2nd ed. 2014), available at https://opengovdata.io/2014/transparency-participation-collaboration. 

11See 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/thelpressloffice/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. 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. 15The Digital Accountability and Transparency Act, Pub. L. No. 113–101, § 128 Stat. 1146 

(2014). 16 Id. 

practices be shared with all agencies to improve software management Government-wide.9

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

The Obama Administration has issued several directives and 

memoranda in an effort to encourage agencies to open up their 

data.11

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. 

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

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 examVerDate Sep 11 2014 06:34 Dec 12, 2016 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR396.XXX SR396

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17The 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. 

ple, 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

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 


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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 (Egov) 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 lowburden, 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 

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tional 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. 


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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; 

ø(2)¿ (3) identifying the units that are outstanding in those 

respects; and 

ø(3)¿ (4) identifying the employees whose personal efforts 

have caused their units to be outstanding in efficiency and 

economy of operations. 


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(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: 

* * * * * * * 

øAdministrator 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) * * * 

* * * * * * * 


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(i) * * * 

(1) * * * 

* * * * * * * 

(6) ENTERPRISE ARCHITECTURE.—The term ‘‘enterprise architecture’’ has the meaning given that term in øsection 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. øTHE 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 

øAdministrator 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. 

* * * * * * * 


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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 øAdministrator 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 øAdministrator 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 øAdministrator 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— 


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(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 agencyø; 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 agencyø.¿; 

(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) * * * 


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(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 øAdministrator 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 øAdministrator of the Office of Electronic Government¿ Federal Chief Information Officer. 

(5) QUARTERLY REPORTS.— (A) IN GENERAL.—The øAdministrator 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 


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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, § 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 recordsø; 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 

benefitø.¿; 


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(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. 


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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 guidelinesø; 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 signaturesø.¿; 

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— 


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(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 technologyø; 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 publicø.¿; 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 øsecurity;¿ 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 øsubchapter, 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 proVerDate Sep 11 2014 06:43 Dec 12, 2016 Jkt 069010 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\SR396.XXX SR396

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grams to educate agency program and management officials 

about information resources managementø.¿; 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) øWith 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 

øshall¿— 

(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 

øsources¿ 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; 


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(3) shall provide adequate notice when initiating, substantially modifying, or terminating significant information dissemination productsø; 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 disseminationø.¿; 

(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. 


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(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. 


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(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 

§ 3601. Definitions 

§ 3602. øOffice of Electronic Government¿ Office of the Federal Chief Information Officer 

§ 3603. Chief Information Officers Council 

§ 3604. E-Government Fund 

§ 3605. Program to encourage innovative solutions to enhance electronic Government services and processes 

§ 3606. E-Government report 

SEC. 3601. DEFINITIONS. 

In this chapter, the definitions under section 3502 shall apply, 

and the term— 


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ø(1) ‘‘Administrator’’ means the Administrator of the Office 

of Electronic Government established under section 3602;¿ 

ø(2)¿(1) ‘‘Council’’ means the Chief Information Officers 

Council established under section 3603; 

ø(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; 

ø(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 øELECTRONIC GOVERNMENT¿ THE FEDERAL 

CHIEF INFORMATION OFFICER. 

(a) There is established in the Office of Management and Budget 

an øOffice of Electronic Government¿ Office of the Federal Chief Information Officer. (b) There shall be at the head of the Office øan Administrator¿ 

a Federal Chief Information Officer who shall be appointed by the 

President. 

(c) øThe 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) øThe 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) øThe 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— 


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(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, øthe Administrator 

shall¿ the Federal Chief Information Officer shall assist the Director by performing electronic Government functions as follows: 

(1) * * * 

* * * * * * * 

(16) Administer the øOffice 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 øthe 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) øThe Administrator of the Office of Electronic Government¿ the Office of the Federal Chief Information Officer. 

* * * * * * * 

(c) 

(1) øThe 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 øthe 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. 

* * * * * * * 


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(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 øthe 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 øAdministrator¿ 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 

øAdministrator¿ 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 øAdministrator¿ 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, 

øthe Administrator¿ the Federal Chief Information Officer— 

* * * * * * * 


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SEC. 3605. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE ELECTRONIC GOVERNMENT SERVICES AND PROCESSES. 

(a) ESTABLISHMENT OF PROGRAM.—øThe 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 SOLU- TIONS.—Under the programø, 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 processesø.¿; and 

(c) MULTIAGENCY TECHNICAL ASSISTANCE TEAM.— (1) øThe 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 øproposals 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 øthe 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, øthe 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 

* * * * * * * 


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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 øsection 3601(4)¿ section 3601(3) of title 44. 

* * * * * * * 

Æ 


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