I 

114TH CONGRESS 

2D SESSION H. R. 5051 

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 

APRIL 26, 2016 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Open, Public, Electronic, and Necessary Government 

6 Data Act’’ or the ‘‘OPEN Government Data Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; agency defined. 

Sec. 3. Rule of construction. 


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Sec. 4. Federal information policy definitions. 

Sec. 5. Requirement for making open and machine-readable the default for 

Government data. 

Sec. 6. Responsibilities of the Office of Electronic Government. 

Sec. 7. Data inventory and planning. 

Sec. 8. Technology portal. 

Sec. 9. Enhanced responsibilities for chief information officers and chief information officers council duties. 

Sec. 10. Evaluation of agency analytical capabilities. 

Sec. 11. Effective date. 

1 SEC. 2. FINDINGS; AGENCY DEFINED. 

2 (a) FINDINGS.—The Congress finds the following: 

3 (1) Federal Government data is a valuable na4 tional resource. Managing Federal Government data 

5 to make it open, available, discoverable, and useable 

6 to the general public, businesses, journalists, aca7 demics, and advocates promotes efficiency and effec8 tiveness in Government, creates economic opportuni9 ties, promotes scientific discovery, and most impor10 tantly, strengthens our democracy. 

11 (2) Maximizing the usefulness of Federal Gov12 ernment data that is appropriate for release rests 

13 upon making it readily available, discoverable, and 

14 usable—in a word: open. Information presumptively 

15 should be available to the general public unless the 

16 Federal Government reasonably foresees that disclo17 sure could harm a specific, articulable interest pro18 tected by law or the Federal Government is other19 wise expressly prohibited from releasing such data 

20 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 modern, open, and elec7 tronic format, to be as readily accessible as possible, 

8 consistent with data standards imbued with author9 ity under this Act and to the extent permitted by 

10 law. 

11 (5) The effort to inventory Government data 

12 will have additional benefits, including identifying 

13 opportunities within agencies to reduce waste, in14 crease efficiencies, and save taxpayer dollars. As 

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

16 including data generated by applications, devices, 

17 networks, and equipment, which can be harnessed to 

18 improve operations, lower energy consumption, re19 duce costs, and strengthen security. 

20 (6) Communication, commerce, and data tran21 scend national borders. Global access to Government 

22 information is often essential to promoting innova23 tion, scientific discovery, entrepreneurship, edu24 cation, and the general welfare. 


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1 (b) AGENCY DEFINED.—In this Act, the term ‘‘agen2 cy’’ has the meaning given that term in section 3502 of 

3 title 44, United States Code, and includes the Federal 

4 Election Commission. 

5 SEC. 3. 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. 

10 SEC. 4. FEDERAL INFORMATION POLICY DEFINITIONS. 

11 Section 3502 of title 44, United States Code, is 

12 amended— 

13 (1) in paragraph (13), by striking ‘‘; and’’ at 

14 the end and inserting a semicolon; 

15 (2) in paragraph (14), by striking the period at 

16 the end and inserting a semicolon; and 

17 (3) by inserting at the end the following new 

18 paragraphs: 

19 ‘‘(15) the term ‘data’ means recorded informa20 tion, regardless of form or the media on which the 

21 data is recorded; 

22 ‘‘(16) the term ‘data asset’ means a collection 

23 of data elements or data sets that may be grouped 

24 together; 


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

2 means the data inventory developed and maintained 

3 pursuant to section 3523; 

4 ‘‘(18) the term ‘machine-readable’ means a for5 mat in which information or data can be easily proc6 essed by a computer without human intervention 

7 while ensuring no semantic meaning is lost; 

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

9 descriptive information about data such as content, 

10 format, source, rights, accuracy, provenance, fre11 quency, periodicity, granularity, publisher or respon12 sible party, contact information, method of collec13 tion, and other descriptions; 

14 ‘‘(20) the term ‘nonpublic data asset’— 

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

16 made available to the public for privacy, secu17 rity, confidentiality, regulation, or other reasons 

18 as determined by law; and 

19 ‘‘(B) includes data provided by contractors 

20 that is protected by contract, license, patent, 

21 trademark, copyright, confidentiality, regula22 tion, or other restriction; 

23 ‘‘(21) the term ‘open format’ means a technical 

24 format based on an underlying open standard that 

25 is— 


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1 ‘‘(A) not encumbered by restrictions that 

2 would impede use or reuse; and 

3 ‘‘(B) based on an underlying open stand4 ard that is maintained by a standards organiza5 tion; 

6 ‘‘(22) the term ‘open Government data’ means 

7 a Federal Government public data asset that is— 

8 ‘‘(A) machine-readable; 

9 ‘‘(B) available in an open format; and 

10 ‘‘(C) part of the worldwide public domain 

11 or, if necessary, published with an open license; 

12 ‘‘(23) the term ‘open license’ means a legal 

13 guarantee applied to a data asset that is made avail14 able to the public that such data asset is made avail15 able— 

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 ‘‘(24) the term ‘public data asset’ means a col21 lection of data elements or a data set maintained by 

22 the Government that— 

23 ‘‘(A) may be released; or 


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

2 open format and is discoverable through a 

3 search of Data.gov.’’. 

4 SEC. 5. REQUIREMENT FOR MAKING OPEN AND MACHINE5 READABLE THE DEFAULT FOR GOVERNMENT 

6 DATA. 

7 (a) AMENDMENT.—Subchapter I of chapter 35 of 

8 title 44, United States Code, is amended by adding at the 

9 end the following new section: 

10 ‘‘§ 3522. Requirements for Government data 

11 ‘‘(a) MACHINE-READABLE DATA REQUIRED.—Gov12 ernment data assets made available by an agency shall be 

13 published as machine-readable data. 

14 ‘‘(b) OPEN BY DEFAULT.—When not otherwise pro15 hibited by law, Government data assets shall— 

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

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

18 ‘‘(c) OPEN LICENSE OR WORLDWIDE PUBLIC DO19 MAIN DEDICATION REQUIRED.—When not otherwise pro20 hibited by law, Government data assets published by or 

21 for an agency shall be made available under an open li22 cense or, if not made available under an open license and 

23 appropriately released, shall be considered to be published 

24 as part of the worldwide public domain. 


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

2 nongovernmental organizations, citizens, non-profit orga3 nizations, colleges and universities, private and public 

4 companies, and other agencies to explore opportunities to 

5 leverage the agency’s public data asset in a manner that 

6 may provide new opportunities for innovation in the public 

7 and private sectors in accordance with law and regula8 tion.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

10 The table of sections for subchapter I of chapter 35 of 

11 title 44, United States Code, is amended by adding at the 

12 end the following new item: 

‘‘Sec. 3522. Requirements for Government data.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 subsections (a) and (b) shall take effect 270 days after 

15 the date of the enactment of this Act and shall apply with 

16 respect to any contract entered into by an agency on or 

17 after such effective date. 

18 (d) USE OF OPEN DATA ASSETS.—Not later than 

19 270 days after the date of the enactment of this section, 

20 the head of each agency shall ensure that any activities 

21 by the agency or any new contract entered into by the 

22 agency meet the requirements of section 3522 of title 44, 

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


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1 SEC. 6. RESPONSIBILITIES OF THE OFFICE OF ELECTRONIC 

2 GOVERNMENT. 

3 (a) COORDINATION OF FEDERAL INFORMATION RE4 SOURCES MANAGEMENT POLICY.—Section 3503 of title 

5 44, United States Code, is amended by adding at the end 

6 the following new subsection: 

7 ‘‘(c) COORDINATION OF FEDERAL INFORMATION RE8 SOURCES MANAGEMENT POLICY.—The Administrator of 

9 the Office of Information and Regulatory Affairs shall 

10 work with the Federal Chief Information Officer and with 

11 the heads of other offices within the Office of Management 

12 and Budget to oversee and advise the Director on Federal 

13 information resources management policy.’’. 

14 (b) AUTHORITY AND FUNCTIONS OF DIRECTOR.— 

15 Section 3504(h) of title 44, United States Code, is amend16 ed— 

17 (1) in paragraph (1), by inserting ‘‘, the Fed18 eral Chief Information Officer,’’ after ‘‘the Director 

19 of the National Institute of Standards and Tech20 nology’’; 

21 (2) in paragraph (4)— 

22 (A) in subparagraph (A), by striking ‘‘; 

23 and’’ and inserting a semicolon; and 

24 (B) by inserting at the end the following 

25 new subparagraph: 


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1 ‘‘(C) oversee the completeness of the En2 terprise Data Inventory and the extent to which 

3 the agency is making all data collected and gen4 erated by the agency available to the public in 

5 accordance with section 3523;’’; 

6 (3) in paragraph (5), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (4) by inserting at the end the following new 

9 paragraph: 

10 ‘‘(6) coordinate the development and review of 

11 Federal information resources management policy by 

12 the Administrator of the Office of Information and 

13 Regulatory Affairs and the Federal Chief Informa14 tion Officer.’’. 

15 (c) CHANGE OF NAME OF THE OFFICE OF ELEC16 TRONIC GOVERNMENT.— 

17 (1) DEFINITIONS.—Section 3601 of title 44, 

18 United States Code, is amended— 

19 (A) by striking paragraph (1); 

20 (B) by redesignating paragraphs (2) 

21 through (4) as paragraphs (1) through (3), re22 spectively; and 

23 (C) by inserting after paragraph (3), as so 

24 redesignated, the following new paragraph: 


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1 ‘‘(4) ‘Federal Chief Information Officer’ means 

2 the Federal Chief Information Officer of the Office 

3 of the Federal Chief Information Officer established 

4 under section 3602;’’. 

5 (2) OFFICE OF THE FEDERAL CHIEF INFORMA6 TION OFFICER.—Section 3602 of title 44, United 

7 States Code, is amended— 

8 (A) in the heading, by striking ‘‘Elec9 tronic Government’’ and inserting ‘‘the 

10 Federal Chief Information Officer’’; 

11 (B) in subsection (a), by striking ‘‘Office 

12 of Electronic Government’’ and inserting ‘‘Of13 fice of the Federal Chief Information Officer’’; 

14 (C) in subsection (b), by striking ‘‘an Ad15 ministrator’’ and inserting ‘‘a Federal Chief In16 formation Officer’’; 

17 (D) in subsection (c), by striking ‘‘The Ad18 ministrator’’ and inserting ‘‘The Federal Chief 

19 Information Officer’’; 

20 (E) in subsection (d), by striking ‘‘The Ad21 ministrator’’ and inserting ‘‘The Federal Chief 

22 Information Officer’’; 

23 (F) in subsection (e), by striking ‘‘The Ad24 ministrator’’ and inserting ‘‘The Federal Chief 

25 Information Officer’’; 


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1 (G) in subsection (f)— 

2 (i) by striking ‘‘the Administrator 

3 shall’’ and inserting ‘‘the Federal Chief In4 formation Officer shall’’; and 

5 (ii) in paragraph (16), by striking 

6 ‘‘the Office of Electronic Government’’ and 

7 inserting ‘‘the Office of the Federal Chief 

8 Information Officer’’; and 

9 (H) in subsection (g), by striking ‘‘the Of10 fice of Electronic Government’’ and inserting 

11 ‘‘the Office of the Federal Chief Information 

12 Officer’’. 

13 (3) CHIEF INFORMATION OFFICERS COUNCIL.— 

14 Section 3603 of title 44, United States Code, is 

15 amended— 

16 (A) in subsection (b)(2), by striking ‘‘The 

17 Administrator of the Office of Electronic Gov18 ernment’’ and inserting ‘‘The Federal Chief In19 formation Officer’’; 

20 (B) in subsection (c)(1), by striking ‘‘The 

21 Administrator of the Office of Electronic Gov22 ernment’’ and inserting ‘‘The Federal Chief In23 formation Officer’’; and 


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1 (C) in subsection (f)(3), by striking ‘‘the 

2 Administrator’’ and inserting ‘‘the Federal 

3 Chief Information Officer’’. 

4 (4) E-GOVERNMENT FUND.—Section 3604 of 

5 title 44, United States Code, is amended— 

6 (A) in subsection (a)(2), by striking ‘‘the 

7 Administrator of the Office of Electronic Gov8 ernment’’ and inserting ‘‘the Federal Chief In9 formation Officer’’; 

10 (B) in subsection (b), by striking ‘‘Admin11 istrator’’, each place it appears, and inserting 

12 ‘‘Federal Chief Information Officer’’; and 

13 (C) in subsection (c), by striking ‘‘the Ad14 ministrator’’ and inserting ‘‘the Federal Chief 

15 Information Officer’’. 

16 (5) PROGRAM TO ENCOURAGE INNOVATIVE SO17 LUTIONS TO ENHANCE ELECTRONIC GOVERNMENT

18 SERVICES AND PROCESSES.—Section 3605 of title 

19 44, United States Code, is amended— 

20 (A) in subsection (a), by striking ‘‘The Ad21 ministrator’’ and inserting ‘‘The Federal Chief 

22 Information Officer’’; 

23 (B) in subsection (b), by striking ‘‘, the 

24 Administrator,’’ and inserting ‘‘, the Federal 

25 Chief Information Officer,’’; and 


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1 (C) in subsection (c)— 

2 (i) in paragraph (1)— 

3 (I) by striking ‘‘The Adminis4 trator’’ and inserting ‘‘The Federal 

5 Chief Information Officer’’; and 

6 (II) by striking ‘‘proposals sub7 mitted to the Administrator’’ and in8 serting ‘‘proposals submitted to the 

9 Federal Chief Information Officer’’; 

10 (ii) in paragraph (2), by striking ‘‘the 

11 Administrator’’ and inserting ‘‘the Federal 

12 Chief Information Officer’’; and 

13 (iii) in paragraph (4), by striking ‘‘the 

14 Administrator’’ and inserting ‘‘the Federal 

15 Chief Information Officer’’. 

16 (6) TECHNICAL AND CONFORMING AMEND17 MENTS.— 

18 (A) TABLE OF SECTIONS.—The table of 

19 sections for chapter 36 of title 44, United 

20 States Code, is amended by striking the item 

21 relating to section 3602 and inserting the fol22 lowing new item: 

‘‘3602. Office of the Federal Chief Information Officer.’’. 

23 (B) POSITIONS AT LEVEL III.—Section 

24 5314 of title 5, United States Code, is amended 

25 by striking ‘‘Administrator of the Office of 


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1 Electronic Government’’ and inserting ‘‘Federal 

2 Chief Information Officer’’. 

3 (C) OFFICE OF ELECTRONIC GOVERN4 MENT.—Section 507 of title 31, United States 

5 Code, is amended by striking ‘‘The Office of 

6 Electronic Government’’ and inserting ‘‘The Of7 fice of the Federal Chief Information Officer’’. 

8 (D) ELECTRONIC GOVERNMENT AND IN9 FORMATION TECHNOLOGIES.—Section 305 of 

10 title 40, United States Code, is amended by 

11 striking ‘‘Administrator of the Office of Elec12 tronic Government’’ and inserting ‘‘Federal 

13 Chief Information Officer’’. 

14 (E) CAPITAL PLANNING AND INVESTMENT

15 CONTROL.—Section 11302(c)(4) of title 40, 

16 United States Code, is amended by striking 

17 ‘‘Administrator of the Office of Electronic Gov18 ernment’’, each place it appears, and inserting 

19 ‘‘Federal Chief Information Officer’’. 

20 (F) RESOURCES, PLANNING, AND PORT21 FOLIO MANAGEMENT.—The second subsection 

22 (c) of section 11319 of title 40, United States 

23 Code, is amended by striking ‘‘Administrator of 

24 the Office of Electronic Government’’, each 


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1 place it appears, and inserting ‘‘Federal Chief 

2 Information Officer’’. 

3 (7) RULE OF CONSTRUCTION.—The amend4 ments made by this subsection were to change the 

5 name of the Office of Electronic Government and 

6 the Administrator of such office and shall not be 

7 construed to effect any of the substantive provisions 

8 of the provisions amended or to require a new ap9 pointment by the President. 

10 SEC. 7. DATA INVENTORY AND PLANNING. 

11 (a) ENTERPRISE DATA INVENTORY.— 

12 (1) AMENDMENT.—Subchapter I of chapter 35 

13 of title 44, United States Code, as amended by sec14 tion 5, is further amended by adding at the end the 

15 following new section: 

16 ‘‘§ 3523. Enterprise data inventory 

17 ‘‘(a) AGENCY DATA INVENTORY REQUIRED.—In 

18 order to develop a clear and comprehensive understanding 

19 of the data assets in the possession of an agency, the head 

20 of each agency, in consultation with the Director of the 

21 Office of Management and Budget, shall develop and 

22 maintain an enterprise data inventory (in this section, re23 ferred to as the ‘Enterprise Data Inventory’) that ac24 counts for any data asset created, collected, under the con25 trol or direction of, or maintained by the agency after the 


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1 effective date of this section, with the ultimate goal of in2 cluding all data assets, to the extent practicable. The En3 terprise Data Inventory shall include each of the following: 

4 ‘‘(1) Data assets used in agency information 

5 systems, including program administration, statis6 tical, and financial activity. 

7 ‘‘(2) Data assets shared or maintained across 

8 agency programs and bureaus. 

9 ‘‘(3) Data assets that are shared among agen10 cies or created by more than 1 agency. 

11 ‘‘(4) A clear indication of all data assets that 

12 can be made publicly available under section 552 of 

13 title 5. 

14 ‘‘(5) A description of whether the agency has 

15 determined that an individual data asset may be 

16 made publicly available and whether such data asset 

17 is currently available to the public. 

18 ‘‘(6) Nonpublic data assets. 

19 ‘‘(7) Government data assets generated by ap20 plications, devices, networks, and equipment, cat21 egorized by source type. 

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

23 Officer of each agency shall use the guidance provided by 

24 the Director issued pursuant to section 3504(a)(1)(C)(ii) 

25 to make public data assets included in the Enterprise 


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1 Data Inventory publicly available in an open format and 

2 under an open license. 

3 ‘‘(c) NON-PUBLIC DATA.—Non-public data included 

4 in the Enterprise Data Inventory may be maintained in 

5 a non-public section of the inventory. 

6 ‘‘(d) AVAILABILITY OF ENTERPRISE DATA INVEN7 TORY.—The Chief Information Officer of each agency— 

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

9 available to the public on Data.gov; 

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

11 Data Inventory and the data contained therein shall 

12 be consistent with applicable law and regulation; and 

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

14 that maintains a non-public portion of the Enter15 prise Data Inventory. 

16 ‘‘(e) REGULAR UPDATES REQUIRED.—The Chief In17 formation Officer of each agency shall update the Enter18 prise Data Inventory for such agency not less than annu19 ally. 

20 ‘‘(f) USE OF EXISTING RESOURCES.—The Chief In21 formation Officer of each agency shall use existing proce22 dures and systems to compile and publish the Enterprise 

23 Data Inventory for such agency when practicable.’’. 

24 (2) TECHNICAL AND CONFORMING AMEND25 MENT.—The table of sections for subchapter I of 


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1 chapter 35 of title 44, United States Code, as 

2 amended by section 5, is further amended by adding 

3 at the end the following new item: 

‘‘Sec. 3523. Enterprise data inventory.’’. 

4 (b) STANDARDS FOR ENTERPRISE DATA INVEN5 TORY.—Section 3504(a)(1) of title 44, United States 

6 Code, is amended— 

7 (1) in subparagraph (A), by striking ‘‘; and’’ 

8 and inserting a semicolon; 

9 (2) in subparagraph (B)— 

10 (A) by moving clause (vi) two ems to the 

11 left; and 

12 (B) in clause (vi), by striking the period at 

13 the end and inserting ‘‘; and’’; and 

14 (3) by inserting at the end the following new 

15 subparagraph: 

16 ‘‘(C) issue standards for the Enterprise Data 

17 Inventory described in section 3523, including— 

18 ‘‘(i) a requirement that the Enterprise 

19 Data Inventory include a compilation of 

20 metadata about agency data assets; and 

21 ‘‘(ii) criteria that the head of each agency 

22 shall use in determining whether to make a par23 ticular data asset publicly available in a manner 

24 that takes into account— 


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1 ‘‘(I) the expectation of confidentiality 

2 associated with an individual data asset; 

3 ‘‘(II) security considerations, includ4 ing the risk that information in an indi5 vidual data asset in isolation does not pose 

6 a security risk but when combined with 

7 other available information may pose such 

8 a risk; 

9 ‘‘(III) cost and value to the public of 

10 converting the data into a manner that 

11 could be understood and used by the pub12 lic; 

13 ‘‘(IV) the expectation that all data as14 sets that would otherwise be made avail15 able under section 552 of title 5 (com16 monly referred to as the Freedom of Infor17 mation Act) be disclosed; and 

18 ‘‘(V) any other considerations that the 

19 Director determines to be relevant.’’. 

20 (c) FEDERAL AGENCY RESPONSIBILITIES.—Section 

21 3506 of title 44, United States Code, is amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (1)(C), by striking ‘‘secu24 rity;’’ and inserting the following: ‘‘security 

25 by— 


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1 ‘‘(i) using open format for any new 

2 Government data asset created or obtained 

3 on the date that is 180 days after the date 

4 of the enactment of this clause; and 

5 ‘‘(ii) encouraging the adoption of open 

6 format for all open Government data cre7 ated or obtained before the date of the en8 actment of this clause;’’. 

9 (B) in paragraph (4), by striking ‘‘sub10 chapter; and’’ and inserting ‘‘subchapter and a 

11 review of each agency’s Enterprise Data Inven12 tory described in section 3523;’’; 

13 (C) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (D) by inserting at the end the following 

16 new paragraph: 

17 ‘‘(6) in consultation with the Director, develop 

18 an open data plan as a part of the requirement for 

19 a strategic information resources management plan 

20 described in paragraph (2) that, at a minimum— 

21 ‘‘(A) requires the agency to develop proc22 esses and procedures that— 

23 ‘‘(i) require each new data collection 

24 mechanism to use an open format; and 


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1 ‘‘(ii) allow the agency to collaborate 

2 with non-Government entities, researchers, 

3 businesses, and private citizens for the 

4 purpose of understanding how data users 

5 value and use open Government data; 

6 ‘‘(B) identifies and implements methods 

7 for collecting and analyzing digital information 

8 on data asset usage by users within and outside 

9 of the agency, including designating a point of 

10 contact within the agency to assist the public 

11 and to respond to quality issues, usability, rec12 ommendations for improvements, and com13 plaints about adherence to open data require14 ments in accordance with subsection (d)(2); 

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

16 evaluate and improve the timeliness, complete17 ness, accuracy, usefulness, and availability of 

18 open Government data; 

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

20 plan at an interval determined by the Director; 

21 ‘‘(E) includes requirements for meeting the 

22 goals of the agency open data plan including 

23 technology, training for employees, and imple24 menting procurement standards, in accordance 

25 with existing law, that allow for the acquisition 


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1 of innovative solutions from the public and pri2 vate sector; and 

3 ‘‘(F) prohibits the dissemination and acci4 dental disclosure of nonpublic data assets.’’; 

5 (2) in subsection (c), by striking ‘‘With respect 

6 to’’ and inserting ‘‘Except as provided under sub7 section (j), with respect to’’; 

8 (3) in subsection (d)— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘shall’’; 

11 (B) in paragraph (1)— 

12 (i) in the matter preceding subpara13 graph (A), by inserting ‘‘shall’’ before ‘‘en14 sure’’; 

15 (ii) in subparagraph (A), by striking 

16 ‘‘sources’’ and inserting ‘‘sources and 

17 uses’’; and 

18 (iii) in subparagraph (C), by inserting 

19 ‘‘, including providing access to open Gov20 ernment data online’’ after ‘‘economical 

21 manner’’; 

22 (C) in paragraph (2), by inserting ‘‘shall’’ 

23 before ‘‘regularly’’; 

24 (D) in paragraph (3)— 


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1 (i) by inserting ‘‘shall’’ before ‘‘pro2 vide’’; and 

3 (ii) by striking ‘‘; and’’ and inserting 

4 a semicolon; 

5 (E) in paragraph (4)— 

6 (i) in the matter preceding subpara7 graph (A), by inserting ‘‘may’’ before 

8 ‘‘not’’; and 

9 (ii) by striking the period at the end 

10 and inserting a semicolon; and 

11 (F) by inserting at the end the following 

12 new paragraphs: 

13 ‘‘(5) shall take the necessary precautions to en14 sure that the agency maintains the production and 

15 publication of data assets which are directly related 

16 to activities that protect the safety of human life or 

17 property as identified by the open data plan of the 

18 agency required by subsection (b)(6); and 

19 ‘‘(6) may engage the public in using open Gov20 ernment data and encourage collaboration by— 

21 ‘‘(A) publishing information on open Gov22 ernment data usage in regular, timely intervals, 

23 but not less 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; and 

7 ‘‘(D) hosting challenges, competitions, 

8 events, or other initiatives designed to create 

9 additional value from open Government data.’’; 

10 and 

11 (4) by adding at the end the following new sub12 section: 

13 ‘‘(j) COLLECTION OF INFORMATION EXCEPTION.— 

14 Notwithstanding subsection (c), an agency is not required 

15 to meet the requirements of paragraphs (2) and (3) of 

16 such subsection if— 

17 ‘‘(1) the waiver of such requirements is ap18 proved by the head of the agency; 

19 ‘‘(2) the collection of information is— 

20 ‘‘(A) online and electronic; 

21 ‘‘(B) voluntary and there is no perceived or 

22 actual tangible benefit to the provider of the in23 formation; 

24 ‘‘(C) of an extremely low burden that is 

25 typically completed in five minutes or less; and 


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1 ‘‘(D) focused on gathering input about the 

2 performance of, or public satisfaction with, an 

3 agency providing service; and 

4 ‘‘(3) the agency publishes representative sum5 maries of the collection of information under sub6 section (c).’’. 

7 (d) REPOSITORY.—The Director of the Office of 

8 Management and Budget shall collaborate with the Office 

9 of Government Information Services and the Adminis10 trator of General Services to develop and maintain an on11 line repository of tools, best practices, and schema stand12 ards to facilitate the adoption of open data practices. The 

13 repository shall— 

14 (1) include definitions, regulation and policy, 

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

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

17 (2) facilitate collaboration and the adoption of 

18 best practices across the Federal Government relat19 ing to the adoption of open data practices. 

20 (e) SYSTEMATIC AGENCY REVIEW OF OPER21 ATIONS.—Section 305 of title 5, United States Code, is 

22 amended— 

23 (1) in subsection (b), by inserting at the end 

24 the following new sentence: ‘‘To the greatest extent 

25 practicable, each agency shall use existing data to 


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1 support such reviews if the data is accurate and 

2 complete.’’; 

3 (2) in subsection (c)— 

4 (A) by redesignating paragraphs (2) and 

5 (3) as paragraphs (3) and (4), respectively; and 

6 (B) by inserting after paragraph (1) the 

7 following new paragraph: 

8 ‘‘(2) determining the status of achieving the 

9 mission, goals, and objectives of the agency as de10 scribed in the strategic plan of the agency published 

11 pursuant to section 306;’’; and 

12 (3) by adding at the end the following new sub13 section: 

14 ‘‘(d) OPEN DATA COMPLIANCE REPORT.—Not later 

15 than 1 year after the date of the enactment of this sub16 section, and every two years thereafter, the Director of 

17 the Office of Management and Budget shall electronically 

18 publish a report on agency performance and compliance 

19 with the Open, Public, Electronic, and Necessary Govern20 ment Data Act and the amendments made by that Act.’’. 

21 (f) GAO REPORT.—Not later than 2 years after the 

22 date of the enactment of this Act, the Comptroller General 

23 of the United States shall submit to the Committee on 

24 Oversight and Government Reform of the House of Rep25 resentatives and the Committee on Homeland Security 


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1 and Governmental Affairs of the Senate a report that 

2 identifies— 

3 (1) the value of information made available to 

4 the public as a result of this Act, and the amend5 ments made by this Act; and 

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

7 available information to any other data assets. 

8 SEC. 8. TECHNOLOGY PORTAL. 

9 (a) AMENDMENT.—Subchapter I of chapter 35 of 

10 title 44, United States Code, is amended by inserting after 

11 section 3511 the following new section: 

12 ‘‘§ 3511A. Technology portal 

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

14 General Services shall maintain a single public interface 

15 online as a point of entry dedicated to sharing open Gov16 ernment data with the public. 

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

18 of the Office of Management and Budget shall determine, 

19 after consultation with the head of each agency and the 

20 Administrator of General Services, the method to access 

21 any open Government data published through the inter22 face described in subsection (a).’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of sections for subchapter I of chapter 35 of 


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1 title 44, United States Code, is amended by inserting after 

2 the item relating to section 3511 the following new item: 

‘‘Sec. 3511A. Technology portal.’’. 

3 (c) DEADLINE.—Not later than 180 days after the 

4 date of the enactment of this Act, the Administrator of 

5 General Services shall meet the requirements of section 

6 3511A(a) of title 44, United States Code, as added by sub7 section (a). 

8 SEC. 9. ENHANCED RESPONSIBILITIES FOR CHIEF INFOR9 MATION OFFICERS AND CHIEF INFORMATION 

10 OFFICERS COUNCIL DUTIES. 

11 (a) AGENCY CHIEF INFORMATION OFFICER GEN12 ERAL RESPONSIBILITIES.— 

13 (1) GENERAL RESPONSIBILITIES.—Section 

14 11315(b) of title 40, United States Code, is amend15 ed— 

16 (A) in paragraph (2), by striking ‘‘; and’’ 

17 and inserting a semicolon; 

18 (B) in paragraph (3), by striking the pe19 riod at the end and inserting a semicolon; and 

20 (C) by inserting at the end the following 

21 new paragraphs: 

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

24 data assets; 


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

3 under section 3523 of title 44; 

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

5 open data best practices; 

6 ‘‘(7) ensuring compliance with the requirements 

7 of subsections (b), (c), (d), and (f) of section 3506 

8 of title 44; 

9 ‘‘(8) engaging agency employees, the public, 

10 and contractors in using open Government data and 

11 encourage collaborative approaches to improving 

12 data use; 

13 ‘‘(9) supporting the agency Performance Im14 provement Officer in generating data to support the 

15 function of the Performance Improvement Officer 

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

17 ‘‘(10) reviewing the information technology in18 frastructure of the agency and the impact of such 

19 infrastructure on making data assets accessible to 

20 reduce barriers that inhibit data asset accessibility; 

21 ‘‘(11) ensuring that the agency is maximizing 

22 its own use of data, including data generated by ap23 plications, devices, networks, and equipment owned 

24 by the Government and such use is not otherwise 


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1 prohibited, to reduce costs, improve operations, and 

2 strengthen security and privacy protections; and 

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

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

6 of Management and Budget.’’. 

7 (2) ADDITIONAL DEFINITIONS.—Section 11315 

8 of title 40, United States Code, is amended by add9 ing at the end the following new subsection: 

10 ‘‘(d) ADDITIONAL DEFINITIONS.—In this section, the 

11 terms ‘data’, ‘data asset’, ‘Enterprise Data Inventory’, 

12 and ‘open Government data’ have the meanings given 

13 those terms in section 3502 of title 44.’’. 

14 (b) AMENDMENT.—Section 3603(f) of title 44, 

15 United States Code, is amended by adding at the end the 

16 following new paragraph: 

17 ‘‘(8) Work with the Office of Government Infor18 mation Services and the Director of the Office of 

19 Science and Technology Policy to promote data 

20 interoperability and comparability of data assets 

21 across the Government.’’. 

22 SEC. 10. EVALUATION OF AGENCY ANALYTICAL CAPABILI23 TIES. 

24 (a) OMB GUIDANCE FOR AGENCY REVIEW.—Not 

25 later than 1 year after the date of the enactment of this 


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1 Act, the Director of the Office of Management and Budget 

2 shall review each agency to assess the extent of the agen3 cy’s use of data assets to support decisionmaking, cost 

4 savings, and performance within the agency. 

5 (b) AGENCY REVIEW; REPORT.—Not later than 2 

6 years after the date of the enactment of this Act, each 

7 agency Chief Operating Officer shall submit to Congress 

8 and the Director of the Office of Management and Budget 

9 a report on the review described in subsection (a). 

10 (c) REQUIREMENTS OF AGENCY REPORT.—The re11 port described in subsection (b) shall assess the coverage, 

12 quality, methods, effectiveness, and independence of the 

13 agency’s evaluation research and analysis efforts, includ14 ing each of the following: 

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

16 agency that are being evaluated and analyzed and 

17 the activities and operations that have been evalu18 ated and analyzed during the previous 5 years. 

19 (2) The extent to which the evaluations re20 search and analysis efforts and related activities of 

21 the agency support the needs of various divisions 

22 within the agency. 

23 (3) The extent to which the evaluation research 

24 and analysis efforts and related activities of the 

25 agency address an appropriate balance between 


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1 needs related to organizational learning, ongoing 

2 program management, performance management, 

3 strategic management, interagency and private sec4 tor coordination, international and external over5 sight, and accountability. 

6 (4) The extent to which the agency uses meth7 ods and combinations of methods that are appro8 priate to agency divisions and the corresponding re9 search questions being addressed, including an ap10 propriate combination of formative and summative 

11 evaluation research and analysis approaches. 

12 (5) The extent to which evaluation and research 

13 capacity is present within the agency to include per14 sonnel, agency process for planning and imple15 menting evaluation activities, disseminating best 

16 practices and findings, and incorporating employee 

17 views and feedback. 

18 (6) The extent to which the agency has the ca19 pacity to assist front-line staff and program offices 

20 to develop the capacity to use evaluation research 

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

22 operations. 

23 (d) GAO REVIEW OF AGENCY REPORTS.—Not later 

24 than 3 years after the date of the enactment of this Act, 

25 the Comptroller General of the United States shall submit 


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1 to Congress a report that summarizes agency findings and 

2 highlights trends from the reports submitted pursuant to 

3 subsection (b) and recommends actions to further improve 

4 agency capacity to use evaluation techniques and data to 

5 support evaluation efforts. 

6 SEC. 11. EFFECTIVE DATE. 

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

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

9 date of the enactment of this Act. 

Æ 


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