I 

115TH CONGRESS 

1ST SESSION H. R. 1770 

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

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2017 

Mr. KILMER (for himself and Mr. FARENTHOLD) introduced the following bill; 

which was referred to the Committee on Oversight and Government Reform 

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: 

9 (1) Federal Government data is a valuable na10 tional resource. Managing Federal Government data 


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

2 to the general public, businesses, journalists, aca3 demics, and advocates promotes efficiency and effec4 tiveness in Government, creates economic opportuni5 ties, promotes scientific discovery, and most impor6 tantly, strengthens our democracy. 

7 (2) Maximizing the usefulness of Federal Gov8 ernment data that is appropriate for release rests 

9 upon making it readily available, discoverable, and 

10 usable—in a word: open. Information presumptively 

11 should be available to the general public unless the 

12 Federal Government reasonably foresees that disclo13 sure could harm a specific, articulable interest pro14 tected by law or the Federal Government is other15 wise expressly prohibited from releasing such data 

16 due to statutory requirements. 

17 (3) The Federal Government has the responsi18 bility to be transparent and accountable to its citi19 zens. 

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

21 Federal Government should be originated, trans22 mitted, and published in modern, open, and elec23 tronic format, to be as readily accessible as possible, 

24 consistent with data standards under this Act or 

25 otherwise permitted by law. 


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1 (5) The effort to inventory Government data 

2 will have additional benefits, including identifying 

3 opportunities within agencies to reduce waste, in4 crease efficiencies, and save taxpayer dollars. As 

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

6 including data generated by applications, devices, 

7 networks, and equipment, which can be harnessed to 

8 improve operations, lower energy consumption, re9 duce costs, and strengthen security. 

10 (6) Communication, commerce, and data tran11 scend national borders. Global access to Government 

12 information is often essential to promoting innova13 tion, scientific discovery, entrepreneurship, edu14 cation, and the general welfare. 

15 SEC. 3. DEFINITION. 

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

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

18 as added by section 4. 

19 SEC. 4. OPEN GOVERNMENT DATA. 

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

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘Subchapter III—Open Government Data 

24 ‘‘§ 3561. Definitions 

25 ‘‘As used in this subchapter— 


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1 ‘‘(1) the term ‘agency’— 

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

3 section 3502; and 

4 ‘‘(B) includes the Federal Election Com5 mission; 

6 ‘‘(2) the term ‘data’ means recorded informa7 tion, regardless of form or the media on which the 

8 data is recorded; 

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

10 data elements or data sets that may be grouped to11 gether; 

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

13 the Office of Management and Budget; 

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

15 means the data inventory developed and maintained 

16 pursuant to section 3563; 

17 ‘‘(6) the terms ‘information resources manage18 ment’, ‘information system’, and ‘information tech19 nology’ have the meanings given those terms in sec20 tion 3502; 

21 ‘‘(7) the term ‘machine-readable’ means a for22 mat in which information or data can be easily proc23 essed by a computer without human intervention 

24 while ensuring no semantic meaning is lost; 


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

2 descriptive information about data such as content, 

3 format, source, rights, accuracy, provenance, fre4 quency, periodicity, granularity, publisher or respon5 sible party, contact information, method of collec6 tion, and other descriptions; 

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

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

9 made available to the public for privacy, secu10 rity, confidentiality, regulation, or other reasons 

11 as determined by law; and 

12 ‘‘(B) includes data provided by contractors 

13 that is protected by contract, license, patent, 

14 trademark, copyright, confidentiality, regula15 tion, or other restriction; 

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

17 means a data asset maintained by the Federal Gov18 ernment that is— 

19 ‘‘(A) machine-readable; 

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

21 ‘‘(C) not encumbered by restrictions that 

22 would impede use or reuse; and 

23 ‘‘(D) based on an underlying open stand24 ard that is maintained by a standards organiza25 tion; 


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

2 guarantee applied to a public data asset that the 

3 data asset is made available— 

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

5 ‘‘(B) with no restrictions on copying, pub6 lishing, distributing, transmitting, citing, or 

7 adapting; and 

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

9 asset maintained by the Federal Government that— 

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

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

12 open format and is discoverable through a 

13 search of Data.gov or any successor to 

14 Data.gov; or 

15 ‘‘(C) is part of the worldwide public do16 main or, if necessary, published with an open li17 cense. 

18 ‘‘§ 3562. Requirements for Government data 

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

20 Government data assets made available by an agency shall 

21 be published as machine-readable data. 

22 ‘‘(b) OPEN BY DEFAULT.—When not otherwise pro23 hibited by law, and to the extent practicable, public data 

24 assets and nonpublic data assets maintained by the Fed25 eral Government shall— 


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

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

3 ‘‘(c) OPEN LICENSE OR WORLDWIDE PUBLIC DO4 MAIN DEDICATION REQUIRED.—When not otherwise pro5 hibited by law, and to the extent practicable, open Govern6 ment data assets published by or for an agency shall be 

7 made available under an open license or, if not made avail8 able under an open license and appropriately released, 

9 shall be considered to be published as part of the world10 wide public domain. 

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

12 nongovernmental organizations, citizens, nonprofit organi13 zations, colleges and universities, private and public com14 panies, and other agencies to explore opportunities to le15 verage the public data assets of the agency in a manner 

16 that may provide new opportunities for innovation in the 

17 public and private sectors in accordance with law and reg18 ulation. 

19 ‘‘§ 3563. Enterprise data inventory 

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

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

22 and comprehensive understanding of the data assets 

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

24 agency, in consultation with the Director, shall de25 velop and maintain an enterprise data inventory (in 


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1 this section referred to as the ‘Enterprise Data In2 ventory’) that accounts for any data asset created, 

3 collected, under the control or direction of, or main4 tained by the agency after the effective date of this 

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

6 the extent practicable. 

7 ‘‘(2) CONTENTS.—The Enterprise Data Inven8 tory shall include each of the following: 

9 ‘‘(A) Data assets used in agency informa10 tion systems (including program administration, 

11 statistics, and financial activity) generated by 

12 applications, devices, networks, facilities, and 

13 equipment, categorized by source type. 

14 ‘‘(B) Data assets shared or maintained 

15 across agency programs and bureaus. 

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

17 agencies or created by more than 1 agency. 

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

19 that can be made publicly available under sec20 tion 552 of title 5 (commonly known as the 

21 ‘Freedom of Information Act’). 

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

23 has determined that an individual data asset 

24 may be made publicly available and whether the 

25 data asset is available to the public. 


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1 ‘‘(F) Nonpublic data assets. 

2 ‘‘(G) Open Government data assets. 

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

4 Officer of each agency shall use the standards provided 

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

6 public data assets included in the Enterprise Data Inven7 tory publicly available in an open format and under an 

8 open license. 

9 ‘‘(c) STANDARDS FOR ENTERPRISE DATA INVEN10 TORY.—The Director shall issue standards for the Enter11 prise Data Inventory, including— 

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

13 Inventory include a compilation of metadata about 

14 agency data assets; and 

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

16 use in determining whether to make a particular 

17 data asset publicly available in a manner that takes 

18 into account— 

19 ‘‘(A) the expectation of confidentiality as20 sociated with an individual data asset; 

21 ‘‘(B) security considerations, including the 

22 risk that information in an individual data asset 

23 in isolation does not pose a security risk but 

24 when combined with other available information 

25 may pose such a risk; 


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

2 converting the data into a manner that could be 

3 understood and used by the public; 

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

5 that would otherwise be made available under 

6 section 552 of title 5 (commonly known as the 

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

8 ‘‘(E) any other considerations that the Di9 rector determines to be relevant. 

10 ‘‘(d) NONPUBLIC DATA ASSETS.—Nonpublic data as11 sets included in the Enterprise Data Inventory may be 

12 maintained in a nonpublic section of the inventory. 

13 ‘‘(e) AVAILABILITY OF ENTERPRISE DATA INVEN14 TORY.—The Chief Information Officer of each agency— 

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

16 available to the public on Data.gov; 

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

18 Data Inventory and the data contained therein is 

19 consistent with applicable law and regulation; and 

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

21 that maintains a nonpublic portion of the Enterprise 

22 Data Inventory. 

23 ‘‘(f) REGULAR UPDATES REQUIRED.—The Chief In24 formation Officer of each agency shall— 


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1 ‘‘(1) to the extent practicable, complete the En2 terprise Data Inventory for the agency not later 

3 than 1 year after the date of enactment of this sec4 tion; and 

5 ‘‘(2) add additional data assets to the Enter6 prise Data Inventory for the agency not later than 

7 90 days after the date on which the data asset is 

8 created or identified. 

9 ‘‘(g) USE OF EXISTING RESOURCES.—When prac10 ticable, the Chief Information Officer of each agency shall 

11 use existing procedures and systems to compile and pub12 lish the Enterprise Data Inventory for the agency. 

13 ‘‘§ 3564. Federal agency responsibilities 

14 ‘‘(a) INFORMATION RESOURCES MANAGEMENT.— 

15 With respect to general information resources manage16 ment, each agency shall— 

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

18 of information to all users within and outside the 

19 agency by— 

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

21 Government data asset created or obtained on 

22 the date that is 1 year after the date of enact23 ment of this section; and 

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

25 the adoption of open format for all open GovVerDate Sep 11 2014 04:24 Mar 31, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1770.IH H1770

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1 ernment data assets created or obtained before 

2 the date of enactment of this section; and 

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

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

5 extent practicable— 

6 ‘‘(A) requires the agency to develop proc7 esses and procedures that— 

8 ‘‘(i) require each new data collection 

9 mechanism to use an open format; and 

10 ‘‘(ii) allow the agency to collaborate 

11 with non-Government entities, researchers, 

12 businesses, and private citizens for the 

13 purpose of understanding how data users 

14 value and use open Government data as15 sets; 

16 ‘‘(B) identifies and implements methods 

17 for collecting and analyzing digital information 

18 on data asset usage by users within and outside 

19 of the agency, including designating a point of 

20 contact within the agency to assist the public 

21 and to respond to quality issues, usability, rec22 ommendations for improvements, and com23 plaints about adherence to open data require24 ments; 


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

2 evaluate and improve the timeliness, complete3 ness, accuracy, usefulness, and availability of 

4 open Government data assets; 

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

6 plan at an interval determined by the Director; 

7 ‘‘(E) includes requirements for meeting the 

8 goals of the agency open data plan including 

9 technology, training for employees, and imple10 menting procurement standards, in accordance 

11 with existing law, that allow for the acquisition 

12 of innovative solutions from the public and pri13 vate sectors; and 

14 ‘‘(F) prohibits the dissemination and acci15 dental disclosure of nonpublic data assets. 

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

17 to information dissemination, each agency— 

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

19 data assets online; 

20 ‘‘(2) shall take the necessary precautions to en21 sure that the agency maintains the production and 

22 publication of data assets which are directly related 

23 to activities that protect the safety of human life or 

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

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


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1 ‘‘(3) may engage the public in using open Gov2 ernment data assets and encourage collaboration 

3 by— 

4 ‘‘(A) publishing information on open Gov5 ernment data assets usage in regular, timely in6 tervals, but not less than annually; 

7 ‘‘(B) receiving public input regarding pri8 orities for the analysis and disclosure of data 

9 assets to be published; 

10 ‘‘(C) assisting civil society groups and 

11 members of the public working to expand the 

12 use of open Government data assets; and 

13 ‘‘(D) hosting challenges, competitions, 

14 events, or other initiatives designed to create 

15 additional value from open Government data as16 sets. 

17 ‘‘§ 3565. Additional Chief Information Officer respon18 sibilities 

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

20 other appropriate official designated by the head of an 

21 agency, is responsible for— 

22 ‘‘(1) data asset management, format standard23 ization, sharing of data assets, and publication of 

24 data assets for the agency; 


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1 ‘‘(2) the compilation and publication of the En2 terprise Data Inventory for the agency required 

3 under section 3563; 

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

5 open data best practices; 

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

7 and contractors in using open Government data as8 sets and encourage collaborative approaches to im9 proving data use; 

10 ‘‘(5) supporting the agency Performance Im11 provement Officer in generating data to support the 

12 function of the Performance Improvement Officer 

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

14 ‘‘(6) reviewing the information technology infra15 structure of the agency and the impact of the infra16 structure on making data assets accessible to reduce 

17 barriers that inhibit data asset accessibility; 

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

19 the agency is maximizing its own use of data, includ20 ing data assets used in agency information systems 

21 (including program administration, statistics, and fi22 nancial activity) generated by applications, devices, 

23 networks, facilities, and equipment, categorized by 

24 source type and such use is not otherwise prohibited, 


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1 to reduce costs, improve operations, and strengthen 

2 security and privacy protections; and 

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

4 responsibilities related to open data use and imple5 mentation as required by the Director. 

6 ‘‘§ 3566. Technology portal 

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

8 General Services shall maintain a single public interface 

9 online as a point of entry dedicated to sharing open Gov10 ernment data assets with the public. 

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

12 shall determine, after consultation with the head of each 

13 agency and the Administrator of General Services, the 

14 method to access any open Government data assets pub15 lished through the interface described in subsection (a).’’. 

16 (b) SPECIAL PROVISIONS.— 

17 (1) EFFECTIVE DATE.—Notwithstanding sec18 tion 8, section 3562 of title 44, United States Code, 

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

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

21 this Act and shall apply with respect to any contract 

22 entered into by an agency on or after such effective 

23 date. 

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

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


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1 the head of each agency shall ensure that any activi2 ties by the agency or any new contract entered into 

3 by the agency meet the requirements of section 3562 

4 of title 44, United States Code, as added by sub5 section (a). 

6 (3) DEADLINE FOR TECHNOLOGY PORTAL.— 

7 Not later than 180 days after the effective date of 

8 this Act, the Administrator of General Services shall 

9 meet the requirements of section 3566 of title 44, 

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

11 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

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

13 States Code, is amended by adding at the end the fol14 lowing: 

‘‘SUBCHAPTER III—OPEN GOVERNMENT DATA

‘‘3561. Definitions. 

‘‘3562. Requirements for Government data. 

‘‘3563. Enterprise data inventory. 

‘‘3564. Federal agency responsibilities. 

‘‘3565. Additional Chief Information Officer responsibilities. 

‘‘3566. Technology portal.’’. 

15 SEC. 5. EVALUATION OF AGENCY ANALYTICAL CAPABILI16 TIES. 

17 (a) AGENCY REVIEW OF EVALUATION AND ANALYSIS

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

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

20 of each agency shall submit to the Committee on Home21 land Security and Governmental Affairs of the Senate, the 

22 Committee on Oversight and Government Reform of the 


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1 House of Representatives, and the Director of the Office 

2 of Management and Budget a report on the review de3 scribed in subsection (b). 

4 (b) REQUIREMENTS OF AGENCY REVIEW.—The re5 port required under subsection (a) shall assess the cov6 erage, quality, methods, effectiveness, and independence of 

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

8 including each of the following: 

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

10 agency that are being evaluated and analyzed and 

11 the activities and operations that have been evalu12 ated and analyzed during the previous 5 years. 

13 (2) The extent to which the evaluations, re14 search, and analysis efforts and related activities of 

15 the agency support the needs of various divisions 

16 within the agency. 

17 (3) The extent to which the evaluation research 

18 and analysis efforts and related activities of the 

19 agency address an appropriate balance between 

20 needs related to organizational learning, ongoing 

21 program management, performance management, 

22 strategic management, interagency and private sec23 tor coordination, internal and external oversight, and 

24 accountability. 


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1 (4) The extent to which the agency uses meth2 ods and combinations of methods that are appro3 priate to agency divisions and the corresponding re4 search questions being addressed, including an ap5 propriate combination of formative and summative 

6 evaluation research and analysis approaches. 

7 (5) The extent to which evaluation and research 

8 capacity is present within the agency to include per9 sonnel, agency process for planning and imple10 menting evaluation activities, disseminating best 

11 practices and findings, and incorporating employee 

12 views and feedback. 

13 (6) The extent to which the agency has the ca14 pacity to assist front-line staff and program offices 

15 to develop the capacity to use evaluation research 

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

17 operations. 

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

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

20 Comptroller General of the United States shall submit to 

21 Congress a report that summarizes agency findings and 

22 highlights trends from the reports submitted pursuant to 

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

24 further improve agency capacity to use evaluation tech25 niques and data to support evaluation efforts. 


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1 SEC. 6. ONLINE REPOSITORY AND ADDITIONAL REPORTS. 

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

3 Management and Budget shall collaborate with the Office 

4 of Government Information Services and the Adminis5 trator of General Services to develop and maintain an on6 line repository of tools, best practices, and schema stand7 ards to facilitate the adoption of open data practices, 

8 which shall— 

9 (1) include definitions, regulation and policy, 

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

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

12 (2) facilitate collaboration and the adoption of 

13 best practices across the Federal Government relat14 ing to the adoption of open data practices. 

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

16 date of enactment of this Act, the Comptroller General 

17 of the United States shall submit to the Committee on 

18 Homeland Security and Governmental Affairs of the Sen19 ate and the Committee on Oversight and Government Re20 form of the House of Representatives a report that identi21 fies— 

22 (1) the value of information made available to 

23 the public as a result of this Act and the amend24 ments made by this Act; 

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

26 available information to any other data assets; and 


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1 (3) the completeness of the Enterprise Data In2 ventory at each agency required under section 3563 

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

4 4. 

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

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

7 thereafter, the Director of the Office of Management and 

8 Budget shall electronically publish a report on agency per9 formance and compliance with this Act and the amend10 ments made by this Act. 

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

12 after the effective date of this Act and every year there13 after, the Chief Information Officer of each agency shall 

14 submit to the Committee on Homeland Security and Gov15 ernmental Affairs of the Senate and the Committee on 

16 Homeland Security of the House of Representatives a re17 port on compliance with the requirements of this Act and 

18 the amendments made by this Act, including information 

19 on the requirements that the agency could not meet and 

20 what the agency needs to comply with those requirements. 

21 SEC. 7. RULE OF CONSTRUCTION. 

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

23 Act, shall be construed to require the disclosure of infor24 mation or records that are exempt from public disclosure 


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1 under section 552 of title 5, United States Code (com2 monly known as the ‘‘Freedom of Information Act’’). 

3 SEC. 8. EFFECTIVE DATE. 

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

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

6 date of enactment of this Act. 

Æ 


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