II 

Calendar No. 180 

115TH CONGRESS 

1ST SESSION S. 760 

[Report No. 115–134] 

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, Mr. SASSE, Mr. PETERS, Mr. GARDNER, and Mr. 

COONS) introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

JULY 24, 2017 

Reported by Mr. JOHNSON, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Open, Public, Elec3 tronic, and Necessary Government Data Act’’ or the 

4 ‘‘OPEN Government Data Act’’. 

5 SEC. 2. FINDINGS. 

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

7 (1) Federal Government data is a valuable na8 tional resource. Managing Federal Government data 

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

10 to the general public, businesses, journalists, aca11 demics, and advocates promotes efficiency and effec12 tiveness in Government, creates economic opportuni13 ties, promotes scientific discovery, and most impor14 tantly, strengthens our democracy. 

15 (2) Maximizing the usefulness of Federal Gov16 ernment data that is appropriate for release rests 

17 upon making it readily available, discoverable, and 

18 usable—in a word: open. Information presumptively 

19 should be available to the general public unless the 

20 Federal Government reasonably foresees that disclo21 sure could harm a specific, articulable interest pro22 tected by law or the Federal Government is other23 wise expressly prohibited from releasing such data 

24 due to statutory requirements. 


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1 (3) The Federal Government has the responsi2 bility to be transparent and accountable to its citi3 zens. 

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

5 Federal Government should be originated, trans6 mitted, and published in a modern, open, and elec7 tronic format, to be as readily accessible as possible, 

8 consistent with data standards under this Act or 

9 otherwise permitted by law. 

10 (5) The effort to inventory Federal Government 

11 data will have additional benefits, including identi12 fying opportunities within agencies to reduce waste, 

13 increase efficiencies, and save taxpayer dollars. As 

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

15 including data generated by applications, devices, 

16 networks, and equipment, which can be harnessed to 

17 improve operations, lower energy consumption, re18 duce costs, and strengthen security. 

19 (6) Communication, commerce, and data tran20 scend national borders. Global access to Federal 

21 Government information is often essential to pro22 moting innovation, scientific discovery, entrepreneur23 ship, education, and the general welfare. 


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1 SEC. 3. DEFINITION. 

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

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

4 as added by section 4. 

5 SEC. 4. OPEN GOVERNMENT DATA. 

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

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘Subchapter III—Open Government Data 

10 ‘‘§ 3561. Definitions 

11 ‘‘As used in this subchapter— 

12 ‘‘(1) the term ‘agency’— 

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

14 section 3502; and 

15 ‘‘(B) includes the Federal Election Com16 mission; 

17 ‘‘(2) the term ‘data’ means recorded informa18 tion, regardless of form or the media on which the 

19 data is recorded; 

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

21 data elements or data sets that may be grouped to22 gether; 

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

24 the Office of Management and Budget; 


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

2 means the a data inventory developed and main3 tained pursuant to section 3563; 

4 ‘‘(6) the terms ‘information resources manage5 ment’, ‘information system’, and ‘information tech6 nology’ have the meanings given those terms in sec7 tion 3502; 

8 ‘‘(7) the term ‘machine-readable’ means a for9 mat in which information or data can be easily proc10 essed by a computer without human intervention 

11 while ensuring no semantic meaning is lost; 

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

13 descriptive information about data such as content, 

14 format, source, rights, accuracy, provenance, fre15 quency, periodicity, granularity, publisher or respon16 sible party, contact information, method of collec17 tion, and other descriptions; 

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

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

20 made available to the public for privacy, secu21 rity, confidentiality, regulation, or other reasons 

22 as determined by law; and 

23 ‘‘(B) includes data provided by contractors 

24 that is protected by contract, license, patent, 


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1 trademark, copyright, confidentiality, regula2 tion, or other restriction; 

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

4 means a data asset maintained by the Federal Gov5 ernment that is— 

6 ‘‘(A) machine-readable; 

7 ‘‘(B) available in an open format; 

8 ‘‘(C) not encumbered by restrictions that 

9 would impede use or reuse; and 

10 ‘‘(D) based on an underlying open stand11 ard that is maintained by a standards organiza12 tion; 

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

14 guarantee applied to a public data asset that the 

15 data asset is made available— 

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

17 ‘‘(B) with no restrictions on copying, pub18 lishing, distributing, transmitting, citing, or 

19 adapting; and 

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

21 asset maintained by the Federal Government that— 

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

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

24 open format and is discoverable through a 


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1 search of Data.gov or any successor to 

2 Data.gov; or 

3 ‘‘(C) is part of the worldwide public do4 main or, if necessary, published with an open li5 cense. 

6 ‘‘§ 3562. Requirements for Government data 

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

8 Government data assets made available by an agency shall 

9 be published as machine-readable data. 

10 ‘‘(b) OPEN BY DEFAULT.—When not otherwise pro11 hibited by law, and to the extent practicable, public data 

12 assets and nonpublic data assets maintained by the Fed13 eral Government shall— 

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

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

16 ‘‘(c) OPEN LICENSE OR WORLDWIDE PUBLIC DO17 MAIN DEDICATION REQUIRED.—When not otherwise pro18 hibited by law, and to the extent practicable, open Govern19 ment data assets published by or for an agency shall be 

20 made available under an open license or, if not made avail21 able under an open license and appropriately released, 

22 shall be considered to be published as part of the world23 wide public domain. 

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

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1 zations, colleges and universities, private and public com2 panies, and other agencies to explore opportunities to le3 verage the public data assets of the agency in a manner 

4 that may provide new opportunities for innovation in the 

5 public and private sectors in accordance with law and reg6 ulation. 

7 ‘‘§ 3563. Enterprise data inventory Data Inventory 

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

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

10 and comprehensive understanding of the data assets 

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

12 agency, in consultation with the Director, shall de13 velop and maintain an enterprise data inventory (in 

14 this section referred to as the ‘Enterprise Data In15 ventory’) that accounts for any data asset created, 

16 collected, under the control or direction of, or main17 tained by the agency after the effective date of this 

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

19 the extent practicable. 

20 ‘‘(2) CONTENTS.—The Each Enterprise Data 

21 Inventory shall include each of the following: 

22 ‘‘(A) Data assets used in agency informa23 tion systems (including program administration, 

24 statistics, and financial activity) generated by 


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1 applications, devices, networks, facilities, and 

2 equipment, categorized by source type. 

3 ‘‘(B) Data assets shared or maintained 

4 across agency programs and bureaus. 

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

6 agencies or created by more than 1 agency. 

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

8 that can be made publicly available under sec9 tion 552 of title 5 (commonly known as the 

10 ‘Freedom of Information Act’). 

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

12 has determined that an individual data asset 

13 may be made publicly available and whether the 

14 data asset is available to the public. 

15 ‘‘(F) Nonpublic data assets. 

16 ‘‘(G) Open Government data assets. 

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

18 Officer of each agency shall use the standards provided 

19 issued by the Director issued pursuant to subsection (c) 

20 to make public data assets included in the Enterprise 

21 Data Inventory of the agency publicly available in an open 

22 format and under an open license. 

23 ‘‘(c) STANDARDS FOR ENTERPRISE DATA INVEN24 TORY.—The Director shall issue standards for the an En25 terprise Data Inventory, including— 


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

2 Inventory include a compilation of metadata about 

3 agency data assets; and 

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

5 use in determining whether to make a particular 

6 data asset publicly available in a manner that takes 

7 into account— 

8 ‘‘(A) the expectation of confidentiality as9 sociated with an individual data asset; 

10 ‘‘(B) security considerations, including the 

11 risk that information in an individual data asset 

12 in isolation does not pose a security risk but 

13 when combined with other available information 

14 may pose such a risk; 

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

16 converting the data into a manner that could be 

17 understood and used by the public; 

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

19 that would otherwise be made available under 

20 section 552 of title 5 (commonly known as the 

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

22 ‘‘(E) any other considerations that the Di23 rector determines to be relevant. 


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1 ‘‘(d) NONPUBLIC DATA ASSETS.—Nonpublic data as2 sets included in the an Enterprise Data Inventory may 

3 be maintained in a nonpublic section of the inventory. 

4 ‘‘(e) AVAILABILITY OF ENTERPRISE DATA INVEN5 TORY.—The Chief Information Officer of each agency— 

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

7 of the agency available to the public on Data.gov; 

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

9 Data Inventory of the agency and the data contained 

10 therein is consistent with applicable law and regula11 tion; and 

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

13 that maintains a nonpublic portion of the Enterprise 

14 Data Inventory of the agency. 

15 ‘‘(f) REGULAR UPDATES REQUIRED.—The Chief In16 formation Officer of each agency shall— 

17 ‘‘(1) to the extent practicable, complete the En18 terprise Data Inventory for the agency not later 

19 than 1 year after the date of enactment of this sec20 tion; and 

21 ‘‘(2) add additional data assets to the Enter22 prise Data Inventory for the agency not later than 

23 90 days after the date on which the data asset is 

24 created or identified. 


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1 ‘‘(g) USE OF EXISTING RESOURCES.—When prac2 ticable, the Chief Information Officer of each agency shall 

3 use existing procedures and systems to compile and pub4 lish the Enterprise Data Inventory for the agency. 

5 ‘‘§ 3564. Federal agency responsibilities 

6 ‘‘(a) INFORMATION RESOURCES MANAGEMENT.— 

7 With respect to general information resources manage8 ment, each agency shall— 

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

10 of information to all users within and outside the 

11 agency by— 

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

13 Government data asset created or obtained on 

14 or after the date that is 1 year after the date 

15 of enactment of this section; and 

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

17 the adoption of open format for all open Gov18 ernment data assets created or obtained before 

19 the date of enactment of this section described 

20 in subparagraph (A); and 

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

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

23 extent practicable— 

24 ‘‘(A) requires the agency to develop proc25 esses and procedures that— 


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1 ‘‘(i) require each new data collection 

2 mechanism to use an open format; and 

3 ‘‘(ii) allow the agency to collaborate 

4 with non-Government entities, researchers, 

5 businesses, and private citizens for the 

6 purpose of understanding how data users 

7 value and use open Government data as8 sets; 

9 ‘‘(B) identifies and implements methods 

10 for collecting and analyzing digital information 

11 on data asset usage by users within and outside 

12 of the agency, including designating a point of 

13 contact within the agency to assist the public 

14 and to respond to quality issues, usability 

15 issues, recommendations for improvements, and 

16 complaints about adherence to open data re17 quirements; 

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

19 evaluate and improve the timeliness, complete20 ness, accuracy, usefulness, and availability of 

21 open Government data assets; 

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

23 plan at an interval determined by the Director; 

24 ‘‘(E) includes requirements for meeting the 

25 goals of the agency open data plan including 


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1 technology, training for employees, and imple2 menting procurement standards, in accordance 

3 with existing law, that allow for the acquisition 

4 of innovative solutions from the public and pri5 vate sectors; and 

6 ‘‘(F) prohibits the dissemination and acci7 dental disclosure of nonpublic data assets. 

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

9 to information dissemination, each agency— 

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

11 data assets online; 

12 ‘‘(2) shall take the necessary precautions to en13 sure that the agency maintains the production and 

14 publication of data assets which are directly related 

15 to activities that protect the safety of human life or 

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

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

18 ‘‘(3) may engage the public in using open Gov19 ernment data assets and encourage collaboration 

20 by— 

21 ‘‘(A) publishing information on open Gov22 ernment data assets usage in regular, timely in23 tervals, but not less frequently than annually; 


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1 ‘‘(B) receiving public input regarding pri2 orities for the analysis and disclosure of data 

3 assets to be published; 

4 ‘‘(C) assisting civil society groups and 

5 members of the public working to expand the 

6 use of open Government data assets; and 

7 ‘‘(D) hosting challenges, competitions, 

8 events, or other initiatives designed to create 

9 additional value from open Government data as10 sets. 

11 ‘‘§ 3565. Additional Chief Information Officer respon12 sibilities 

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

14 other appropriate official designated by the head of an 

15 agency, is responsible for— 

16 ‘‘(1) data asset management, format standard17 ization, sharing of data assets, and publication of 

18 data assets for the agency; 

19 ‘‘(2) the compilation and publication of the En20 terprise Data Inventory for the agency required 

21 under section 3563; 

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

23 open data best practices; 

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

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1 sets and encourage encouraging collaborative ap2 proaches to improving data use; 

3 ‘‘(5) supporting the agency Performance Im4 provement Officer in generating data to support the 

5 function of the Performance Improvement Officer 

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

7 ‘‘(6) reviewing the information technology infra8 structure of the agency and the impact of the infra9 structure on making data assets accessible to reduce 

10 barriers that inhibit data asset accessibility; 

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

12 the agency is maximizing its own use of data, includ13 ing data assets used in agency information systems 

14 (including program administration, statistics, and fi15 nancial activity) generated by applications, devices, 

16 networks, facilities, and equipment, categorized by 

17 source type, and such use is not otherwise prohib18 ited, to reduce costs, improve operations, and 

19 strengthen security and privacy protections; and 

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

21 responsibilities related to open data use and imple22 mentation as required by the Director. 

23 ‘‘§ 3566. Technology portal 

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

25 General Services shall maintain a single public interface 


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1 online as a point of entry dedicated to sharing open Gov2 ernment data assets with the public. 

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

4 shall determine, after consultation with the head of each 

5 agency and the Administrator of General Services, the 

6 method to access any open Government data assets pub7 lished through the interface described in subsection (a).’’. 

8 (b) SPECIAL PROVISIONS.— 

9 (1) EFFECTIVE DATE.—Notwithstanding sec10 tion 8, section 3562 of title 44, United States Code, 

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

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

13 this Act and shall apply with respect to any contract 

14 entered into by an agency on or after such effective 

15 date. 

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

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

18 the head of each agency shall ensure that any activi19 ties by the agency or any new contract entered into 

20 by the agency meet the requirements of section 3562 

21 of title 44, United States Code, as added by sub22 section (a). 

23 (3) DEADLINE FOR TECHNOLOGY PORTAL.— 

24 Not later than 180 days after the effective date of 

25 this Act, the Administrator of General Services shall 


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1 meet the requirements of section 3566 of title 44, 

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

3 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

‘‘SUBCHAPTER III—OPEN GOVERNMENT DATA

‘‘3561. Definitions. 

‘‘3562. Requirements for Government data. 

‘‘3563. Enterprise data inventoryData Inventory. 

‘‘3564. Federal agency responsibilities. 

‘‘3565. Additional Chief Information Officer responsibilities. 

‘‘3566. Technology portal.’’. 

7 SEC. 5. EVALUATION OF AGENCY ANALYTICAL CAPABILI8 TIES. 

9 (a) AGENCY REVIEW OF EVALUATION AND ANALYSIS

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

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

12 of each agency shall submit to the Committee on Home13 land Security and Governmental Affairs of the Senate, the 

14 Committee on Oversight and Government Reform of the 

15 House of Representatives, and the Director of the Office 

16 of Management and Budget a report on the review de17 scribed in subsection (b). 

18 (b) REQUIREMENTS OF AGENCY REVIEW.—The re19 port required under subsection (a) shall assess the cov20 erage, quality, methods, effectiveness, and independence of 

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

22 including each of the following: 


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

2 agency that are being evaluated and analyzed and 

3 the activities and operations that have been evalu4 ated and analyzed during the previous 5 years. 

5 (2) The extent to which the evaluations, re6 search, and analysis efforts and related activities of 

7 the agency support the needs of various divisions 

8 within the agency. 

9 (3) The extent to which the evaluation research 

10 and analysis efforts and related activities of the 

11 agency address an appropriate balance between 

12 needs related to organizational learning, ongoing 

13 program management, performance management, 

14 strategic management, interagency and private sec15 tor coordination, internal and external oversight, and 

16 accountability. 

17 (4) The extent to which the agency uses meth18 ods and combinations of methods that are appro19 priate to agency divisions and the corresponding re20 search questions being addressed, including an ap21 propriate combination of formative and summative 

22 evaluation research and analysis approaches. 

23 (5) The extent to which evaluation and research 

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1 menting evaluation activities, disseminating best 

2 practices and findings, and incorporating employee 

3 views and feedback. 

4 (6) The extent to which the agency has the ca5 pacity to assist front-line staff and program offices 

6 to develop the capacity to use evaluation research 

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

8 operations. 

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

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

11 Comptroller General of the United States shall submit to 

12 Congress a report that summarizes agency findings and 

13 highlights trends from the reports submitted pursuant to 

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

15 further improve agency capacity to use evaluation tech16 niques and data to support evaluation efforts. 

17 SEC. 6. ONLINE REPOSITORY AND ADDITIONAL REPORTS. 

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

19 Management and Budget shall collaborate with the Office 

20 of Government Information Services and the Adminis21 trator of General Services to develop and maintain an on22 line repository of tools, best practices, and schema stand23 ards to facilitate the adoption of open data practices, 

24 which shall— 


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1 (1) include definitions, regulation and policy, 

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

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

4 (2) facilitate collaboration and the adoption of 

5 best practices across the Federal Government relat6 ing to the adoption of open data practices. 

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

8 date of enactment of this Act, the Comptroller General 

9 of the United States shall submit to the Committee on 

10 Homeland Security and Governmental Affairs of the Sen11 ate and the Committee on Oversight and Government Re12 form of the House of Representatives a report that identi13 fies— 

14 (1) the value of information made available to 

15 the public as a result of this Act and the amend16 ments made by this Act; 

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

18 available information to any other data assets; and 

19 (3) the completeness of the Enterprise Data In20 ventory at each agency required under section 3563 

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

22 4. 

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

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

25 thereafter, the Director of the Office of Management and 


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1 Budget shall electronically publish a report on agency per2 formance and compliance with this Act and the amend3 ments made by this Act. 

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

5 after the effective date of this Act and every year there6 after, the Chief Information Officer of each agency shall 

7 submit to the Committee on Homeland Security and Gov8 ernmental Affairs of the Senate and the Committee on 

9 Homeland Security of the House of Representatives a re10 port on compliance with the requirements of this Act and 

11 the amendments made by this Act, including information 

12 on the requirements that the agency could not meet and 

13 what the agency needs to comply with those requirements. 

14 SEC. 7. RULE OF CONSTRUCTION. 

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

16 Act, shall be construed to require the disclosure of infor17 mation or records that are exempt from public disclosure 

18 under section 552 of title 5, United States Code (com19 monly known as the ‘‘Freedom of Information Act’’). 

20 SEC. 8. EFFECTIVE DATE. 

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

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

23 date of enactment of this Act. 


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Calendar No. 180 

115TH CONGRESS 

1ST SESSION S. 760 

[Report No. 115–134] 

A BILL 

To expand the Government’s use and administraposes. governance, and innovation, and for other pur- tion of data to facilitate transparency, effective 

JULY 24, 2017 

Reported with amendments 


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