II 

115TH CONGRESS 

1ST SESSION S. 760 

To expand the Government’s use and administration of data to facilitate 

transparency, effective governance, and innovation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2017 

Mr. SCHATZ (for himself and Mr. SASSE) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To expand the Government’s use and administration of data 

to facilitate transparency, effective governance, and innovation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Open, Public, Elec5 tronic, and Necessary Government Data Act’’ or the 

6 ‘‘OPEN Government Data Act’’. 

7 SEC. 2. FINDINGS. 

8 (a) FINDINGS.—Congress finds the following: 


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1 (1) Federal Government data is a valuable na2 tional resource. Managing Federal Government data 

3 to make it open, available, discoverable, and usable 

4 to the general public, businesses, journalists, aca5 demics, and advocates promotes efficiency and effec6 tiveness in Government, creates economic opportuni7 ties, promotes scientific discovery, and most impor8 tantly, strengthens our democracy. 

9 (2) Maximizing the usefulness of Federal Gov10 ernment data that is appropriate for release rests 

11 upon making it readily available, discoverable, and 

12 usable—in a word: open. Information presumptively 

13 should be available to the general public unless the 

14 Federal Government reasonably foresees that disclo15 sure could harm a specific, articulable interest pro16 tected by law or the Federal Government is other17 wise expressly prohibited from releasing such data 

18 due to statutory requirements. 

19 (3) The Federal Government has the responsi20 bility to be transparent and accountable to its citi21 zens. 

22 (4) Data controlled, collected, or created by the 

23 Federal Government should be originated, trans24 mitted, and published in modern, open, and elec25 tronic format, to be as readily accessible as possible, 


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1 consistent with data standards under this Act or 

2 otherwise permitted by law. 

3 (5) The effort to inventory Government data 

4 will have additional benefits, including identifying 

5 opportunities within agencies to reduce waste, in6 crease efficiencies, and save taxpayer dollars. As 

7 such, this effort should involve many types of data, 

8 including data generated by applications, devices, 

9 networks, and equipment, which can be harnessed to 

10 improve operations, lower energy consumption, re11 duce costs, and strengthen security. 

12 (6) Communication, commerce, and data tran13 scend national borders. Global access to Government 

14 information is often essential to promoting innova15 tion, scientific discovery, entrepreneurship, edu16 cation, and the general welfare. 

17 SEC. 3. DEFINITION. 

18 In this Act, the term ‘‘agency’’ has the meaning given 

19 the term in section 3561 of title 44, United States Code, 

20 as added by section 4. 

21 SEC. 4. OPEN GOVERNMENT DATA. 

22 (a) IN GENERAL.—Chapter 35 of title 44, United 

23 States Code, is amended by adding at the end the fol24 lowing: 


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1 ‘‘Subchapter III—Open Government Data 

2 ‘‘§ 3561. Definitions 

3 ‘‘As used in this subchapter— 

4 ‘‘(1) the term ‘agency’— 

5 ‘‘(A) has the meaning given the term in 

6 section 3502; and 

7 ‘‘(B) includes the Federal Election Com8 mission; 

9 ‘‘(2) the term ‘data’ means recorded informa10 tion, regardless of form or the media on which the 

11 data is recorded; 

12 ‘‘(3) the term ‘data asset’ means a collection of 

13 data elements or data sets that may be grouped to14 gether; 

15 ‘‘(4) the term ‘Director’ means the Director of 

16 the Office of Management and Budget; 

17 ‘‘(5) the term ‘Enterprise Data Inventory’ 

18 means the data inventory developed and maintained 

19 pursuant to section 3563; 

20 ‘‘(6) the terms ‘information resources manage21 ment’, ‘information system’, and ‘information tech22 nology’ have the meanings given those terms in sec23 tion 3502; 

24 ‘‘(7) the term ‘machine-readable’ means a for25 mat in which information or data can be easily procVerDate Sep 11 2014 04:24 Mar 31, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S760.IS S760

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1 essed by a computer without human intervention 

2 while ensuring no semantic meaning is lost; 

3 ‘‘(8) the term ‘metadata’ means structural or 

4 descriptive information about data such as content, 

5 format, source, rights, accuracy, provenance, fre6 quency, periodicity, granularity, publisher or respon7 sible party, contact information, method of collec8 tion, and other descriptions; 

9 ‘‘(9) the term ‘nonpublic data asset’— 

10 ‘‘(A) means a data asset that may not be 

11 made available to the public for privacy, secu12 rity, confidentiality, regulation, or other reasons 

13 as determined by law; and 

14 ‘‘(B) includes data provided by contractors 

15 that is protected by contract, license, patent, 

16 trademark, copyright, confidentiality, regula17 tion, or other restriction; 

18 ‘‘(10) the term ‘open Government data asset’ 

19 means a data asset maintained by the Federal Gov20 ernment that is— 

21 ‘‘(A) machine-readable; 

22 ‘‘(B) available in an open format; 

23 ‘‘(C) not encumbered by restrictions that 

24 would impede use or reuse; and 


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1 ‘‘(D) based on an underlying open stand2 ard that is maintained by a standards organiza3 tion; 

4 ‘‘(11) the term ‘open license’ means a legal 

5 guarantee applied to a public data asset that the 

6 data asset is made available— 

7 ‘‘(A) at no cost to the public; and 

8 ‘‘(B) with no restrictions on copying, pub9 lishing, distributing, transmitting, citing, or 

10 adapting; and 

11 ‘‘(12) the term ‘public data asset’ means a data 

12 asset maintained by the Federal Government that— 

13 ‘‘(A) may be released to the public; 

14 ‘‘(B) has been released to the public in an 

15 open format and is discoverable through a 

16 search of Data.gov or any successor to 

17 Data.gov; or 

18 ‘‘(C) is part of the worldwide public do19 main or, if necessary, published with an open li20 cense. 

21 ‘‘§ 3562. Requirements for Government data 

22 ‘‘(a) MACHINE-READABLE DATA REQUIRED.—Open 

23 Government data assets made available by an agency shall 

24 be published as machine-readable data. 


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1 ‘‘(b) OPEN BY DEFAULT.—When not otherwise pro2 hibited by law, and to the extent practicable, public data 

3 assets and nonpublic data assets maintained by the Fed4 eral Government shall— 

5 ‘‘(1) be available in an open format; and 

6 ‘‘(2) be available under open licenses. 

7 ‘‘(c) OPEN LICENSE OR WORLDWIDE PUBLIC DO8 MAIN DEDICATION REQUIRED.—When not otherwise pro9 hibited by law, and to the extent practicable, open Govern10 ment data assets published by or for an agency shall be 

11 made available under an open license or, if not made avail12 able under an open license and appropriately released, 

13 shall be considered to be published as part of the world14 wide public domain. 

15 ‘‘(d) INNOVATION.—Each agency may engage with 

16 nongovernmental organizations, citizens, nonprofit organi17 zations, colleges and universities, private and public com18 panies, and other agencies to explore opportunities to le19 verage the public data assets of the agency in a manner 

20 that may provide new opportunities for innovation in the 

21 public and private sectors in accordance with law and reg22 ulation. 

23 ‘‘§ 3563. Enterprise data inventory 

24 ‘‘(a) AGENCY DATA INVENTORY REQUIRED.— 


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1 ‘‘(1) IN GENERAL.—In order to develop a clear 

2 and comprehensive understanding of the data assets 

3 in the possession of an agency, the head of each 

4 agency, in consultation with the Director, shall de5 velop and maintain an enterprise data inventory (in 

6 this section referred to as the ‘Enterprise Data In7 ventory’) that accounts for any data asset created, 

8 collected, under the control or direction of, or main9 tained by the agency after the effective date of this 

10 section, with the goal of including all data assets, to 

11 the extent practicable. 

12 ‘‘(2) CONTENTS.—The Enterprise Data Inven13 tory shall include each of the following: 

14 ‘‘(A) Data assets used in agency informa15 tion systems (including program administration, 

16 statistics, and financial activity) generated by 

17 applications, devices, networks, facilities, and 

18 equipment, categorized by source type. 

19 ‘‘(B) Data assets shared or maintained 

20 across agency programs and bureaus. 

21 ‘‘(C) Data assets that are shared among 

22 agencies or created by more than 1 agency. 

23 ‘‘(D) A clear indication of all data assets 

24 that can be made publicly available under secVerDate Sep 11 2014 04:24 Mar 31, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S760.IS S760

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1 tion 552 of title 5 (commonly known as the 

2 ‘Freedom of Information Act’). 

3 ‘‘(E) A description of whether the agency 

4 has determined that an individual data asset 

5 may be made publicly available and whether the 

6 data asset is available to the public. 

7 ‘‘(F) Nonpublic data assets. 

8 ‘‘(G) Open Government data assets. 

9 ‘‘(b) PUBLIC AVAILABILITY.—The Chief Information 

10 Officer of each agency shall use the standards provided 

11 by the Director issued pursuant to subsection (c) to make 

12 public data assets included in the Enterprise Data Inven13 tory publicly available in an open format and under an 

14 open license. 

15 ‘‘(c) STANDARDS FOR ENTERPRISE DATA INVEN16 TORY.—The Director shall issue standards for the Enter17 prise Data Inventory, including— 

18 ‘‘(1) a requirement that the Enterprise Data 

19 Inventory include a compilation of metadata about 

20 agency data assets; and 

21 ‘‘(2) criteria that the head of each agency shall 

22 use in determining whether to make a particular 

23 data asset publicly available in a manner that takes 

24 into account— 


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1 ‘‘(A) the expectation of confidentiality as2 sociated with an individual data asset; 

3 ‘‘(B) security considerations, including the 

4 risk that information in an individual data asset 

5 in isolation does not pose a security risk but 

6 when combined with other available information 

7 may pose such a risk; 

8 ‘‘(C) the cost and benefits to the public of 

9 converting the data into a manner that could be 

10 understood and used by the public; 

11 ‘‘(D) the expectation that all data assets 

12 that would otherwise be made available under 

13 section 552 of title 5 (commonly known as the 

14 ‘Freedom of Information Act’) be disclosed; and 

15 ‘‘(E) any other considerations that the Di16 rector determines to be relevant. 

17 ‘‘(d) NONPUBLIC DATA ASSETS.—Nonpublic data as18 sets included in the Enterprise Data Inventory may be 

19 maintained in a nonpublic section of the inventory. 

20 ‘‘(e) AVAILABILITY OF ENTERPRISE DATA INVEN21 TORY.—The Chief Information Officer of each agency— 

22 ‘‘(1) shall make the Enterprise Data Inventory 

23 available to the public on Data.gov; 


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1 ‘‘(2) shall ensure that access to the Enterprise 

2 Data Inventory and the data contained therein is 

3 consistent with applicable law and regulation; and 

4 ‘‘(3) may implement paragraph (1) in a manner 

5 that maintains a nonpublic portion of the Enterprise 

6 Data Inventory. 

7 ‘‘(f) REGULAR UPDATES REQUIRED.—The Chief In8 formation Officer of each agency shall— 

9 ‘‘(1) to the extent practicable, complete the En10 terprise Data Inventory for the agency not later 

11 than 1 year after the date of enactment of this sec12 tion; and 

13 ‘‘(2) add additional data assets to the Enter14 prise Data Inventory for the agency not later than 

15 90 days after the date on which the data asset is 

16 created or identified. 

17 ‘‘(g) USE OF EXISTING RESOURCES.—When prac18 ticable, the Chief Information Officer of each agency shall 

19 use existing procedures and systems to compile and pub20 lish the Enterprise Data Inventory for the agency. 

21 ‘‘§ 3564. Federal agency responsibilities 

22 ‘‘(a) INFORMATION RESOURCES MANAGEMENT.— 

23 With respect to general information resources manage24 ment, each agency shall— 


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1 ‘‘(1) improve the integrity, quality, and utility 

2 of information to all users within and outside the 

3 agency by— 

4 ‘‘(A) using open format for any new open 

5 Government data asset created or obtained on 

6 the date that is 1 year after the date of enact7 ment of this section; and 

8 ‘‘(B) to the extent practicable, encouraging 

9 the adoption of open format for all open Gov10 ernment data assets created or obtained before 

11 the date of enactment of this section; and 

12 ‘‘(2) in consultation with the Director, develop 

13 an open data plan that, at a minimum and to the 

14 extent practicable— 

15 ‘‘(A) requires the agency to develop proc16 esses and procedures that— 

17 ‘‘(i) require each new data collection 

18 mechanism to use an open format; and 

19 ‘‘(ii) allow the agency to collaborate 

20 with non-Government entities, researchers, 

21 businesses, and private citizens for the 

22 purpose of understanding how data users 

23 value and use open Government data as24 sets; 


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1 ‘‘(B) identifies and implements methods 

2 for collecting and analyzing digital information 

3 on data asset usage by users within and outside 

4 of the agency, including designating a point of 

5 contact within the agency to assist the public 

6 and to respond to quality issues, usability, rec7 ommendations for improvements, and com8 plaints about adherence to open data require9 ments; 

10 ‘‘(C) develops and implements a process to 

11 evaluate and improve the timeliness, complete12 ness, accuracy, usefulness, and availability of 

13 open Government data assets; 

14 ‘‘(D) requires the agency to update the 

15 plan at an interval determined by the Director; 

16 ‘‘(E) includes requirements for meeting the 

17 goals of the agency open data plan including 

18 technology, training for employees, and imple19 menting procurement standards, in accordance 

20 with existing law, that allow for the acquisition 

21 of innovative solutions from the public and pri22 vate sectors; and 

23 ‘‘(F) prohibits the dissemination and acci24 dental disclosure of nonpublic data assets. 


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1 ‘‘(b) INFORMATION DISSEMINATION.—With respect 

2 to information dissemination, each agency— 

3 ‘‘(1) shall provide access to open Government 

4 data assets online; 

5 ‘‘(2) shall take the necessary precautions to en6 sure that the agency maintains the production and 

7 publication of data assets which are directly related 

8 to activities that protect the safety of human life or 

9 property, as identified by the open data plan of the 

10 agency required under subsection (a)(2); and 

11 ‘‘(3) may engage the public in using open Gov12 ernment data assets and encourage collaboration 

13 by— 

14 ‘‘(A) publishing information on open Gov15 ernment data assets usage in regular, timely in16 tervals, but not less than annually; 

17 ‘‘(B) receiving public input regarding pri18 orities for the analysis and disclosure of data 

19 assets to be published; 

20 ‘‘(C) assisting civil society groups and 

21 members of the public working to expand the 

22 use of open Government data assets; and 

23 ‘‘(D) hosting challenges, competitions, 

24 events, or other initiatives designed to create 


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1 additional value from open Government data as2 sets. 

3 ‘‘§ 3565. Additional Chief Information Officer respon4 sibilities 

5 ‘‘The Chief Information Officer of each agency, or 

6 other appropriate official designated by the head of an 

7 agency, is responsible for— 

8 ‘‘(1) data asset management, format standard9 ization, sharing of data assets, and publication of 

10 data assets for the agency; 

11 ‘‘(2) the compilation and publication of the En12 terprise Data Inventory for the agency required 

13 under section 3563; 

14 ‘‘(3) ensuring that agency data conforms with 

15 open data best practices; 

16 ‘‘(4) engaging agency employees, the public, 

17 and contractors in using open Government data as18 sets and encourage collaborative approaches to im19 proving data use; 

20 ‘‘(5) supporting the agency Performance Im21 provement Officer in generating data to support the 

22 function of the Performance Improvement Officer 

23 described in section 1124(a)(2) of title 31; 

24 ‘‘(6) reviewing the information technology infra25 structure of the agency and the impact of the infraVerDate Sep 11 2014 04:24 Mar 31, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S760.IS S760

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1 structure on making data assets accessible to reduce 

2 barriers that inhibit data asset accessibility; 

3 ‘‘(7) ensuring that, to the extent practicable, 

4 the agency is maximizing its own use of data, includ5 ing data assets used in agency information systems 

6 (including program administration, statistics, and fi7 nancial activity) generated by applications, devices, 

8 networks, facilities, and equipment, categorized by 

9 source type, and such use is not otherwise prohib10 ited, to reduce costs, improve operations, and 

11 strengthen security and privacy protections; and 

12 ‘‘(8) identifying points of contact for roles and 

13 responsibilities related to open data use and imple14 mentation as required by the Director. 

15 ‘‘§ 3566. Technology portal 

16 ‘‘(a) DATA.GOV REQUIRED.—The Administrator of 

17 General Services shall maintain a single public interface 

18 online as a point of entry dedicated to sharing open Gov19 ernment data assets with the public. 

20 ‘‘(b) COORDINATION WITH AGENCIES.—The Director 

21 shall determine, after consultation with the head of each 

22 agency and the Administrator of General Services, the 

23 method to access any open Government data assets pub24 lished through the interface described in subsection (a).’’. 

25 (b) SPECIAL PROVISIONS.— 


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1 (1) EFFECTIVE DATE.—Notwithstanding sec2 tion 8, section 3562 of title 44, United States Code, 

3 as added by subsection (a), shall take effect on the 

4 date that is 1 year after the date of enactment of 

5 this Act and shall apply with respect to any contract 

6 entered into by an agency on or after such effective 

7 date. 

8 (2) USE OF OPEN DATA ASSETS.—Not later 

9 than 1 year after the date of enactment of this Act, 

10 the head of each agency shall ensure that any activi11 ties by the agency or any new contract entered into 

12 by the agency meet the requirements of section 3562 

13 of title 44, United States Code, as added by sub14 section (a). 

15 (3) DEADLINE FOR TECHNOLOGY PORTAL.— 

16 Not later than 180 days after the effective date of 

17 this Act, the Administrator of General Services shall 

18 meet the requirements of section 3566 of title 44, 

19 United States Code, as added by subsection (a). 

20 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of sections for chapter 35 of title 44, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

‘‘SUBCHAPTER III—OPEN GOVERNMENT DATA

‘‘3561. Definitions. 

‘‘3562. Requirements for Government data. 

‘‘3563. Enterprise data inventory. 


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‘‘3564. Federal agency responsibilities. 

‘‘3565. Additional Chief Information Officer responsibilities. 

‘‘3566. Technology portal.’’. 

1 SEC. 5. EVALUATION OF AGENCY ANALYTICAL CAPABILI2 TIES. 

3 (a) AGENCY REVIEW OF EVALUATION AND ANALYSIS

4 CAPABILITIES; REPORT.—Not later than 3 years after the 

5 date of enactment of this Act, the Chief Operating Officer 

6 of each agency shall submit to the Committee on Home7 land Security and Governmental Affairs of the Senate, the 

8 Committee on Oversight and Government Reform of the 

9 House of Representatives, and the Director of the Office 

10 of Management and Budget a report on the review de11 scribed in subsection (b). 

12 (b) REQUIREMENTS OF AGENCY REVIEW.—The re13 port required under subsection (a) shall assess the cov14 erage, quality, methods, effectiveness, and independence of 

15 the evaluation, research, and analysis efforts of an agency, 

16 including each of the following: 

17 (1) A list of the activities and operations of the 

18 agency that are being evaluated and analyzed and 

19 the activities and operations that have been evalu20 ated and analyzed during the previous 5 years. 

21 (2) The extent to which the evaluations, re22 search, and analysis efforts and related activities of 

23 the agency support the needs of various divisions 

24 within the agency. 


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1 (3) The extent to which the evaluation research 

2 and analysis efforts and related activities of the 

3 agency address an appropriate balance between 

4 needs related to organizational learning, ongoing 

5 program management, performance management, 

6 strategic management, interagency and private sec7 tor coordination, internal and external oversight, and 

8 accountability. 

9 (4) The extent to which the agency uses meth10 ods and combinations of methods that are appro11 priate to agency divisions and the corresponding re12 search questions being addressed, including an ap13 propriate combination of formative and summative 

14 evaluation research and analysis approaches. 

15 (5) The extent to which evaluation and research 

16 capacity is present within the agency to include per17 sonnel, agency process for planning and imple18 menting evaluation activities, disseminating best 

19 practices and findings, and incorporating employee 

20 views and feedback. 

21 (6) The extent to which the agency has the ca22 pacity to assist front-line staff and program offices 

23 to develop the capacity to use evaluation research 

24 and analysis approaches and data in the day-to-day 

25 operations. 


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1 (c) GAO REVIEW OF AGENCY REPORTS.—Not later 

2 than 4 years after the date of enactment of this Act, the 

3 Comptroller General of the United States shall submit to 

4 Congress a report that summarizes agency findings and 

5 highlights trends from the reports submitted pursuant to 

6 subsection (a) and, if appropriate, recommends actions to 

7 further improve agency capacity to use evaluation tech8 niques and data to support evaluation efforts. 

9 SEC. 6. ONLINE REPOSITORY AND ADDITIONAL REPORTS. 

10 (a) REPOSITORY.—The Director of the Office of 

11 Management and Budget shall collaborate with the Office 

12 of Government Information Services and the Adminis13 trator of General Services to develop and maintain an on14 line repository of tools, best practices, and schema stand15 ards to facilitate the adoption of open data practices, 

16 which shall— 

17 (1) include definitions, regulation and policy, 

18 checklists, and case studies related to open data, this 

19 Act, and the amendments made by this Act; and 

20 (2) facilitate collaboration and the adoption of 

21 best practices across the Federal Government relat22 ing to the adoption of open data practices. 

23 (b) GAO REPORT.—Not later than 3 years after the 

24 date of enactment of this Act, the Comptroller General 

25 of the United States shall submit to the Committee on 


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1 Homeland Security and Governmental Affairs of the Sen2 ate and the Committee on Oversight and Government Re3 form of the House of Representatives a report that identi4 fies— 

5 (1) the value of information made available to 

6 the public as a result of this Act and the amend7 ments made by this Act; 

8 (2) whether it is valuable to expand the publicly 

9 available information to any other data assets; and 

10 (3) the completeness of the Enterprise Data In11 ventory at each agency required under section 3563 

12 of title 44, United States Code, as added by section 

13 4. 

14 (c) BIENNIAL OMB REPORT.—Not later than 1 year 

15 after the effective date of this Act, and every 2 years 

16 thereafter, the Director of the Office of Management and 

17 Budget shall electronically publish a report on agency per18 formance and compliance with this Act and the amend19 ments made by this Act. 

20 (d) AGENCY CIO REPORT.—Not later than 1 year 

21 after the effective date of this Act and every year there22 after, the Chief Information Officer of each agency shall 

23 submit to the Committee on Homeland Security and Gov24 ernmental Affairs of the Senate and the Committee on 

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1 port on compliance with the requirements of this Act and 

2 the amendments made by this Act, including information 

3 on the requirements that the agency could not meet and 

4 what the agency needs to comply with those requirements. 

5 SEC. 7. RULE OF CONSTRUCTION. 

6 Nothing in this Act, or the amendments made by this 

7 Act, shall be construed to require the disclosure of infor8 mation or records that are exempt from public disclosure 

9 under section 552 of title 5, United States Code (com10 monly known as the ‘‘Freedom of Information Act’’). 

11 SEC. 8. EFFECTIVE DATE. 

12 This Act, and the amendments made by this Act, 

13 shall take effect on the date that is 180 days after the 

14 date of enactment of this Act. 

Æ 


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