IIB 
115TH CONGRESS 
1ST SESSION H. R. 4174 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 16, 2017 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend titles 5 and 44, United States Code, to require 
Federal evaluation activities, improve Federal data man-
agement, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Foundations for Evidence-Based Policymaking Act of 
2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FEDERAL EVIDENCE-BUILDING ACTIVITIES 
Sec. 101. Federal evidence-building activities. 
TITLE II—OPEN GOVERNMENT DATA ACT 
Sec. 201. Short title. 
Sec. 202. OPEN Government Data. 
TITLE III—CONFIDENTIAL INFORMATION PROTECTION AND 
STATISTICAL EFFICIENCY 
Sec. 301. Short title. 
Sec. 302. Confidential information protection and statistical efficiency. 
Sec. 303. Increasing access to data for evidence. 
TITLE IV—GENERAL PROVISIONS 
Sec. 401. Rule of construction. 
Sec. 402. Effective date. 
TITLE I—FEDERAL EVIDENCE- 
BUILDING ACTIVITIES 
SEC. 101. FEDERAL EVIDENCE-BUILDING ACTIVITIES. 
(a) IN GENERAL.—Chapter 3 of part I of title 5, 
United States Code, is amended— 
(1) before section 301, by inserting the fol-
lowing: 
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; AND 
(2) by adding at the end the following: 
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‘‘SUBCHAPTER II—FEDERAL EVIDENCE- 
BUILDING ACTIVITIES 
‘‘§ 311. Definitions 
‘‘In this subchapter: 
‘‘(1) AGENCY.—The term ‘agency’ means an 
agency referred to under section 901(b) of title 31. 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Management and Budg-
et. 
‘‘(3) 
EVALUATION.—The 
term 
‘evaluation’ 
means an assessment using systematic data collec-
tion and analysis of one or more programs, policies, 
and organizations intended to assess their effective-
ness and efficiency. 
‘‘(4) EVIDENCE.—The term ‘evidence’ has the 
meaning given that term in section 3561 of title 44. 
‘‘(5) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, each 
territory or possession of the United States, and 
each federally recognized Indian Tribe. 
‘‘(6) STATISTICAL
ACTIVITIES; 
STATISTICAL 
AGENCY
OR
UNIT; STATISTICAL
PURPOSE.—The 
terms ‘statistical activities’, ‘statistical agency or 
unit’, and ‘statistical purpose’ have the meanings 
given those terms in section 3561 of title 44. 
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‘‘§ 312. Agency evidence-building plan 
‘‘(a) REQUIREMENT.—Not later than the first Mon-
day in February of each year, the head of each agency 
shall submit to the Director and Congress a systematic 
plan for identifying and addressing policy questions rel-
evant to the programs, policies, and regulations of the 
agency. Such plan shall be made available on the public 
website of the agency and shall cover at least a 4-year 
period beginning with the first fiscal year following the 
fiscal year in which the plan is submitted and published 
and contain the following: 
‘‘(1) A list of policy-relevant questions for 
which the agency intends to develop evidence to sup-
port policymaking. 
‘‘(2) A list of data the agency intends to collect, 
use, or acquire to facilitate the use of evidence in 
policymaking. 
‘‘(3) A list of methods and analytical ap-
proaches that may be used to develop evidence to 
support policymaking. 
‘‘(4) A list of any challenges to developing evi-
dence to support policymaking, including any statu-
tory or other restrictions to accessing relevant data. 
‘‘(5) A description of the steps the agency will 
take to accomplish paragraphs (1) and (2). 
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‘‘(6) Any other information as required by guid-
ance issued by the Director. 
‘‘(b) CONSULTATION.—In developing the plan re-
quired under subsection (a), the head of an agency shall 
consult with the following: 
‘‘(1) The public. 
‘‘(2) Any evaluation or analysis unit and per-
sonnel of the agency. 
‘‘(3) Agency officials responsible for imple-
menting privacy policy. 
‘‘(4) The Chief Data Officer of the agency. 
‘‘(5) The officials of the agency designated 
under section 315. 
‘‘(6) The Performance Improvement Officer of 
the agency. 
‘‘(7) Program administrators of the agency. 
‘‘(8) The committees of the House of Rep-
resentatives and Senate with oversight jurisdiction 
over the agency. 
‘‘(9) Any other individual or entity as deter-
mined by the Director. 
‘‘§ 313. Governmentwide evidence-building coordina-
tion 
‘‘(a) IN GENERAL.—The Director shall consolidate 
the plans submitted under section 312 in a unified evi-
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dence-building plan. The Director shall notify agency 
heads of potentially overlapping or unnecessarily duplica-
tive data acquisition plans and facilitate interagency evi-
dence gathering and sharing. The head of an agency may 
incorporate the results of any interagency coordination by 
updating the plan required under section 312. The Direc-
tor shall incorporate any such agency update in the unified 
evidence-building plan. 
‘‘(b) CONSULTATION.—In developing the unified evi-
dence-building plan required under subsection (a), the Di-
rector shall consult with the following: 
‘‘(1) The public. 
‘‘(2) The Interagency Council on Statistical 
Policy established under section 3504(e)(8) of title 
44. 
‘‘(3) Any other relevant interagency council. 
‘‘(4) The head of each agency. 
‘‘(5) Any other individual or entity as deter-
mined by the Director. 
‘‘§ 314. Chief Evaluation Officers 
‘‘(a) ESTABLISHMENT.—The head of each agency 
shall appoint or designate an employee of the agency as 
the Chief Evaluation Officer of the agency. 
‘‘(b) QUALIFICATIONS.—The Chief Evaluation Offi-
cer of an agency shall be appointed or designated without 
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‘‘(4) Any evaluation or analysis unit and per-
sonnel of the agency on the needs for evaluation and 
analysis. 
‘‘(5) The Performance Improvement Officer of 
the agency. 
‘‘(6) Program administrators of the agency. 
‘‘(7) The Chief Evaluation Officers of other 
agencies. 
‘‘(e) FUNCTIONS.—The Chief Evaluation Officer of 
each agency shall— 
‘‘(1) continually assess the coverage, quality, 
methods, consistency, effectiveness, independence, 
and balance of the portfolio of evaluations, policy re-
search, and ongoing evaluation activities of the agen-
cy; 
‘‘(2) assess agency capacity to support the de-
velopment and use of evaluation; 
‘‘(3) establish and implement an agency evalua-
tion policy; and 
‘‘(4) coordinate, develop, and implement the 
plan required under section 312. 
‘‘§ 315. Statistical expertise 
‘‘(a) IN GENERAL.—The head of each agency shall 
designate the head of any statistical agency or unit within 
the agency, or in the case of an agency that does not have 
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a statistical agency or unit, any senior agency official with 
appropriate expertise, as a statistical official to advise on 
statistical policy, techniques, and procedures. Agency offi-
cials engaged in statistical activities may consult with any 
such statistical official as necessary. 
‘‘(b) MEMBERSHIP ON INTERAGENCY COUNCIL FOR 
STATISTICAL POLICY.—Each statistical official designated 
under subsection (a) shall serve as a member of the Inter-
agency Council for Statistical Policy established under sec-
tion 3504(e)(8) of title 44. 
‘‘§ 316. Advisory Committee on Data for Evidence 
Building 
‘‘(a) ESTABLISHMENT.—The Director, or the head of 
an agency designated by the Director, shall establish an 
Advisory Committee on Data for Evidence Building (in 
this section referred to as the ‘Advisory Committee’) to 
review, analyze, and make recommendations on how to ex-
pand access to and use of Federal data for evidence build-
ing. 
‘‘(b) MEMBERSHIP.—The members of the Advisory 
Committee shall consist of the Chief Statistician of the 
United States, who shall serve as the Chair of the Advi-
sory Committee, and other members appointed by the Di-
rector as follows: 
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‘‘(1) One member who is an agency Chief Infor-
mation Officer. 
‘‘(2) One member who is an agency Chief Pri-
vacy Officer. 
‘‘(3) One member who is an agency Chief Per-
formance Officer. 
‘‘(4) Three members who are agency Chief 
Data Officers. 
‘‘(5) Three members who are agency Chief 
Evaluation Officers. 
‘‘(6) Three members who are members of the 
Interagency Council for Statistical Policy established 
under section 3504(e)(8) of title 44. 
‘‘(7) At least 10 members who are representa-
tives of State and local governments and nongovern-
mental stakeholders with expertise in government 
data policy, privacy, technology, transparency policy, 
evaluation and research methodologies, and other 
relevant subjects, of whom— 
‘‘(A) at least one shall have expertise in 
transparency policy; 
‘‘(B) at least one shall have expertise in 
privacy policy; 
‘‘(C) at least one shall have expertise in 
statistical data use; 
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‘‘(D) at least one shall have expertise in in-
formation management; 
‘‘(E) at least one shall have expertise in in-
formation technology; and 
‘‘(F) at least one shall be from the re-
search and evaluation community. 
‘‘(c) TERM OF SERVICE.— 
‘‘(1) IN GENERAL.—Each member of the Advi-
sory Committee (other than the Chair) shall serve 
for a term of 2 years. 
‘‘(2) VACANCY.—Any member appointed to fill 
a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A vacancy in the Commission shall be 
filled in the manner in which the original appoint-
ment was made. 
‘‘(d) COMPENSATION.—Members of the Advisory 
Committee shall serve without compensation. 
‘‘(e) DUTIES.— 
‘‘(1) FIRST YEAR.—During the first year of the 
Advisory 
Committee, 
the 
Advisory 
Committee 
shall— 
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‘‘(A) assist the Director in carrying out the 
duties of the Director under part D of sub-
chapter III of chapter 35 of title 44; and 
‘‘(B) evaluate and provide recommenda-
tions to the Director on the establishment of a 
shared service to facilitate data sharing, enable 
data linkage, and develop privacy enhancing 
techniques, including— 
‘‘(i) the specific capabilities, needs, 
and necessary assets of such service, and 
the extent to which assets should be trans-
ferred from existing agencies; 
‘‘(ii) any prospective location for such 
service; 
‘‘(iii) best practices for transparency 
and interagency coordination; 
‘‘(iv) best practices for monitoring 
and auditing of privacy, data linkage, and 
confidentiality of data accessed through 
such service; and 
‘‘(v) necessary administrative and fi-
nancial authorities to support the activities 
of such service. 
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‘‘(2) SECOND YEAR.—During the second and 
any subsequent year of the Advisory Committee, the 
Advisory Committee shall— 
‘‘(A) if determined necessary by the Direc-
tor, carry out the duties described in paragraph 
(1); and 
‘‘(B) review the coordination of data shar-
ing or availability for evidence building across 
all agencies. 
‘‘(f) REPORTS.—For each year of the existence of the 
Advisory Committee, the Advisory Committee shall submit 
to the Director and make publicly available an annual re-
port on the activities and findings of the Advisory Com-
mittee.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
The table of sections for chapter 3 of part I of title 5, 
United States Code, is amended— 
(1) by inserting before the item relating to sec-
tion 301 the following: 
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 
and 
(2) by adding at the end the following: 
‘‘SUBCHAPTER II—FEDERAL EVIDENCE-BUILDING ACTIVITIES 
‘‘311. Definitions. 
‘‘312. Agency evidence-building plan. 
‘‘313. Governmentwide evidence-building coordination. 
‘‘314. Chief Evaluation Officers. 
‘‘315. Statistical expertise. 
‘‘316. Advisory Committee on Data for Evidence Building.’’. 
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(c) AGENCY STRATEGIC PLANS.—Section 306 of title 
5, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (7), by striking ‘‘; and’’ 
at the end and inserting a semicolon; 
(B) in paragraph (8), by— 
(i) striking the period at the end; and 
(ii) inserting after ‘‘to be conducted’’ 
the following: ‘‘, and citations to relevant 
provisions of the plan required under sec-
tion 312; and’’; and 
(C) by adding at the end the following: 
‘‘(9) an assessment of the coverage, quality, 
methods, effectiveness, and independence of the sta-
tistics, evaluation, research, and analysis efforts of 
the agency, including— 
‘‘(A) a list of the activities and operations 
of the agency that are currently being evaluated 
and analyzed; 
‘‘(B) the extent to which the evaluations, 
research, and analysis efforts and related activi-
ties of the agency support the needs of various 
divisions within the agency; 
‘‘(C) the extent to which the evaluation re-
search and analysis efforts and related activities 
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of the agency address an appropriate balance 
between needs related to organizational learn-
ing, ongoing program management, perform-
ance management, strategic management, inter-
agency and private sector coordination, internal 
and external oversight, and accountability; 
‘‘(D) the extent to which the agency uses 
methods and combinations of methods that are 
appropriate to agency divisions and the cor-
responding research questions being addressed, 
including an appropriate combination of forma-
tive and summative evaluation research and 
analysis approaches; 
‘‘(E) the extent to which evaluation and re-
search capacity is present within the agency to 
include personnel and agency processes for 
planning and implementing evaluation activities, 
disseminating best practices and findings, and 
incorporating employee views and feedback; and 
‘‘(F) the extent to which the agency has 
the capacity to assist agency staff and program 
offices to develop the capacity to use evaluation 
research and analysis approaches and data in 
the day-to-day operations.’’; 
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(2) by redesignating subsection (f) as sub-
section (g); and 
(3) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) Not later than 2 years after the date on which 
each strategic plan required under subsection (a) is pub-
lished, the Comptroller General of the United States shall 
submit to Congress a report that— 
‘‘(1) summarizes agency findings and highlights 
trends in the assessment conducted pursuant to sub-
section (a)(9); and 
‘‘(2) if appropriate, recommends actions to fur-
ther improve agency capacity to use evaluation tech-
niques and data to support evaluation efforts.’’. 
TITLE II—OPEN GOVERNMENT 
DATA ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘ ‘Open, Public, Elec-
tronic, and Necessary Government Data Act’ ’’ or the 
‘‘OPEN Government Data Act’’. 
SEC. 202. OPEN GOVERNMENT DATA. 
(a) DEFINITIONS.—Section 3502 of title 44, United 
States Code, is amended— 
(1) in paragraph (13), by striking ‘‘; and’’ at 
the end and inserting a semicolon; 
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(2) in paragraph (14), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(15) the term ‘data’ means recorded informa-
tion, regardless of form or the media on which the 
data is recorded; 
‘‘(16) the term ‘data asset’ means a collection 
of data elements or data sets that may be grouped 
together; 
‘‘(17) the term ‘machine-readable’, when used 
with respect to data, means data in a format that 
can be easily processed by a computer without 
human intervention while ensuring no semantic 
meaning is lost; 
‘‘(18) the term ‘metadata’ means structural or 
descriptive information about data such as content, 
format, source, rights, accuracy, provenance, fre-
quency, periodicity, granularity, publisher or respon-
sible party, contact information, method of collec-
tion, and other descriptions; 
‘‘(19) the term ‘open Government data asset’ 
means a public data asset that is— 
‘‘(A) machine-readable; 
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‘‘(B) available (or could be made available) 
in an open format; 
‘‘(C) not encumbered by restrictions that 
would impede the use or reuse of such asset; 
and 
‘‘(D) based on an underlying open stand-
ard that is maintained by a standards organiza-
tion; 
‘‘(20) the term ‘open license’ means a legal 
guarantee that a data asset is made available— 
‘‘(A) at no cost to the public; and 
‘‘(B) with no restrictions on copying, pub-
lishing, distributing, transmitting, citing, or 
adapting such asset; 
‘‘(21) the term ‘public data asset’ means a data 
asset maintained by the Federal Government that 
has been, or may be, released to the public, includ-
ing any data asset subject to disclosure under sec-
tion 552 of title 5; and 
‘‘(22) the term ‘statistical laws’ means sub-
chapter III of this chapter and other laws pertaining 
to the protection of information collected for statis-
tical purposes as designated by the Director.’’. 
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(b) GUIDANCE TO MAKE DATA OPEN
BY DE-
FAULT.—Section 3504(b) of title 44, United States Code, 
is amended— 
(1) in paragraph (4), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(6) issue guidance for agencies to implement 
section 3506(b)(6) in a manner that takes into ac-
count— 
‘‘(A) risks and restrictions related to the 
disclosure of personally identifiable information, 
including the risk that an individual data asset 
in isolation does not pose a privacy or confiden-
tiality risk but when combined with other avail-
able information may pose such a risk; 
‘‘(B) security considerations, including the 
risk that information in an individual data asset 
in isolation does not pose a security risk but 
when combined with other available information 
may pose such a risk; 
‘‘(C) the cost and benefits to the public of 
converting a data asset into a machine-readable 
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format that is accessible and useful to the pub-
lic; 
‘‘(D) whether the application of the re-
quirements described in such section to a data 
asset could result in legal liability; 
‘‘(E) whether a data asset— 
‘‘(i) is protected by intellectual prop-
erty rights, including rights under titles 17 
and 35; 
‘‘(ii) contains confidential business in-
formation, that could be withheld under 
section 552(b)(4) of title 5; or 
‘‘(iii) is otherwise restricted by con-
tract or other binding, written agreement; 
‘‘(F) the requirement that a data asset be 
disclosed, if it would otherwise be made avail-
able under section 552 of title 5 (commonly 
known as the ‘Freedom of Information Act’); 
and 
‘‘(G) any other considerations that the Di-
rector determines to be relevant.’’. 
(c) FEDERAL AGENCY RESPONSIBILITIES TO MAKE 
DATA OPEN BY DEFAULT.— 
(1) AMENDMENTS.—Section 3506 of title 44, 
United States Code, is amended— 
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(A) in subsection (b)— 
(i) by amending paragraph (2) to read 
as follows: 
‘‘(2) in accordance with guidance by the Direc-
tor, develop and maintain a strategic information re-
sources management plan that, to the extent prac-
ticable— 
‘‘(A) describes how information resources 
management activities help accomplish agency 
missions; 
‘‘(B) includes an open data plan that— 
‘‘(i) requires the agency to develop 
processes and procedures that— 
‘‘(I) require data collection mech-
anisms created on or after the date of 
the enactment of the OPEN Govern-
ment Data Act to be available in an 
open format; and 
‘‘(II) facilitate collaboration with 
non-Government entities (including 
businesses), researchers, and the pub-
lic for the purpose of understanding 
how data users value and use govern-
ment data; 
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‘‘(ii) identifies and implements meth-
ods for collecting and analyzing digital in-
formation on data asset usage by users 
within and outside of the agency, including 
designating a point of contact within the 
agency to assist the public and to respond 
to quality issues, usability issues, rec-
ommendations for improvements, and com-
plaints about adherence to open data re-
quirements within a reasonable period of 
time; 
‘‘(iii) develops and implements a proc-
ess to evaluate and improve the timeliness, 
completeness, consistency, accuracy, use-
fulness, and availability of open Govern-
ment data assets; 
‘‘(iv) includes requirements for meet-
ing the goals of the agency open data plan, 
including the acquisition of technology, 
provision of training for employees, and 
the implementation of procurement stand-
ards, in accordance with existing law, regu-
lation, and policy, that allow for the acqui-
sition of innovative solutions from public 
and private sectors; and 
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‘‘(v) requires the agency to comply 
with requirements under section 3511, in-
cluding any standards established by the 
Director under such section, when dis-
closing a data asset pursuant to such sec-
tion; and 
‘‘(C) is updated annually and made pub-
licly available on the website of the agency not 
later than 5 days after each such update;’’; 
(ii) in paragraph (4), by striking ‘‘; 
and’’ and inserting a semicolon; 
(iii) in paragraph (5), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iv) by adding at the end the following 
new paragraph: 
‘‘(6) in accordance with guidance by the Direc-
tor— 
‘‘(A) make each data asset of the agency 
available in an open format; and 
‘‘(B) make each public data asset of the 
agency available— 
‘‘(i) as an open Government data 
asset; and 
‘‘(ii) under an open license.’’; and 
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(B) in subsection (d)— 
(i) in paragraph (3), by striking 
‘‘and’’ at the end; 
(ii) in paragraph (4), by striking the 
period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing new paragraphs: 
‘‘(5) ensure that any public data asset of the 
agency is machine-readable; and 
‘‘(6) engage the public in using public data as-
sets of the agency and encourage collaboration by— 
‘‘(A) publishing on the website of the agen-
cy, on a regular basis (not less than annually), 
information on the usage of such assets by non- 
Government users; 
‘‘(B) providing the public with the oppor-
tunity to request specific data assets to be 
prioritized for disclosure and to provide sugges-
tions for the development of agency criteria 
with respect to prioritizing data assets for dis-
closure; 
‘‘(C) assisting the public in expanding the 
use of public data assets; and 
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‘‘(D) 
hosting 
challenges, 
competitions, 
events, or other initiatives designed to create 
additional value from public data assets of the 
agency.’’. 
(2) USE
OF
OPEN
DATA
ASSETS.—Not later 
than 1 year after the date of the enactment of this 
Act, the head of each agency shall ensure that any 
activity by the agency meets the requirements of sec-
tion 3506 of title 44, United States Code, as amend-
ed by this subsection. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date that 
is 1 year after the date of the enactment of this Act. 
(d) DATA INVENTORY AND FEDERAL DATA CATA-
LOGUE.— 
(1) AMENDMENT.—Section 3511 of title 44, 
United States Code, is amended to read as follows: 
‘‘§ 3511. Data inventory and Federal data catalogue 
‘‘(a) COMPREHENSIVE DATA INVENTORY.— 
‘‘(1) IN
GENERAL.—In consultation with the 
Director and in accordance with the guidance estab-
lished under paragraph (2), the head of each agency 
shall, to the maximum extent practicable, develop 
and maintain a comprehensive data inventory that 
accounts for all data assets created by, collected by, 
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under the control or direction of, or maintained by 
the agency. The head of each agency shall ensure 
that such inventory provides a clear and comprehen-
sive understanding of the data assets in the posses-
sion of the agency. 
‘‘(2) GUIDANCE.—The Director shall establish 
guidance for agencies to develop and maintain com-
prehensive data inventories under paragraph (1). 
Such guidance shall include the following: 
‘‘(A) A requirement for the head of an 
agency to include in the comprehensive data in-
ventory metadata on each data asset of the 
agency, including the following: 
‘‘(i) A description of the data asset, 
including all variable names and defini-
tions. 
‘‘(ii) The name or title of the data 
asset. 
‘‘(iii) An indication of whether the 
agency— 
‘‘(I) has determined if the data 
asset is— 
‘‘(aa) an open Government 
data asset; 
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‘‘(bb) subject to disclosure 
under section 552 of title 5; 
‘‘(cc) a public data asset eli-
gible for disclosure under sub-
section (b); or 
‘‘(dd) a data asset not sub-
ject to open format or open li-
cense requirements due to exist-
ing limitations or restrictions on 
government distribution of the 
asset; or 
‘‘(II) as of the date of such indi-
cation, has not made such determina-
tion. 
‘‘(iv) Any determination made under 
section 3582, if available. 
‘‘(v) A description of the method by 
which the public may access or request ac-
cess to the data asset. 
‘‘(vi) The date on which the data 
asset was most recently updated. 
‘‘(vii) Each agency responsible for 
maintaining the data asset. 
‘‘(viii) The owner of the data asset. 
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‘‘(ix) To the extent practicable, any 
restriction on the use of the data asset. 
‘‘(x) The location of the data asset. 
‘‘(xi) Any other metadata necessary to 
make the comprehensive data inventory 
useful to the agency and the public, or oth-
erwise determined useful by the Director. 
‘‘(B) A requirement for the head of an 
agency to exclude from the comprehensive data 
inventory any data asset contained on a na-
tional security system, as defined in section 
11103 of title 40. 
‘‘(C) Criteria for the head of an agency to 
use in determining which information, if any, in 
the comprehensive data inventory may not be 
made publicly available, which shall include, at 
a minimum, a requirement to ensure all infor-
mation in the inventory that would be subject 
to disclosure under section 552 of title 5 is 
made publicly available. 
‘‘(D) A requirement for the head of each 
agency, in accordance with a procedure estab-
lished by the Director, to submit for inclusion 
in the Federal data catalogue maintained under 
subsection (c) the data inventory developed pur-
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suant to subparagraph (C), including any real- 
time updates to such inventory, and data assets 
made available in accordance with subpara-
graph (E) or any electronic hyperlink providing 
access to such data assets. 
‘‘(E) Criteria for the head of an agency to 
use in determining whether a particular data 
asset should not be made publicly available in 
a manner that takes into account— 
‘‘(i) risks and restrictions related to 
the disclosure of personally identifiable in-
formation, including the risk that an indi-
vidual data asset in isolation does not pose 
a privacy or confidentiality risk but when 
combined with other available information 
may pose such a risk; 
‘‘(ii) security considerations, including 
the risk that information in an individual 
data asset in isolation does not pose a se-
curity risk but when combined with other 
available information may pose such a risk; 
‘‘(iii) the cost and benefits to the pub-
lic of converting the data into a manner 
that could be understood and used by the 
public; 
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‘‘(iv) whether the public dissemination 
of the data asset could result in legal li-
ability; 
‘‘(v) whether the data asset— 
‘‘(I) is protected by intellectual 
property rights, including rights under 
titles 17 and 35; 
‘‘(II) contains confidential busi-
ness information, that could be with-
held under section 552(b)(4) of title 
5; or 
‘‘(III) is restricted by contract or 
other binding, written agreement; 
‘‘(vi) whether the holder of a right to 
such data asset has been consulted; 
‘‘(vii) the expectation that all data as-
sets that would otherwise be made avail-
able under section 552 of title 5 be dis-
closed; and 
‘‘(viii) any other considerations that 
the Director determines to be relevant. 
‘‘(3) REGULAR UPDATES REQUIRED.—With re-
spect to each data asset created or identified by an 
agency, the head of the agency shall update the com-
prehensive data inventory of the agency not later 
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than 90 days after the date of such creation or iden-
tification. 
‘‘(b) PUBLIC DATA ASSETS.—The head of each agen-
cy shall submit public data assets, or links to public data 
assets available online, as open Government data assets 
for inclusion in the Federal data catalogue maintained 
under subsection (c), in accordance with the guidance es-
tablished under subsection (a)(2). 
‘‘(c) FEDERAL DATA CATALOGUE.— 
‘‘(1) IN GENERAL.—The Administrator of Gen-
eral Services shall maintain a single public interface 
online as a point of entry dedicated to sharing agen-
cy data assets with the public, which shall be known 
as the ‘Federal data catalogue’. The Administrator 
and the Director shall ensure that agencies can sub-
mit public data assets, or links to public data assets, 
for publication and public availability on the inter-
face. 
‘‘(2) REPOSITORY.—The Director shall collabo-
rate with the Office of Government Information 
Services and the Administrator of General Services 
to develop and maintain an online repository of 
tools, best practices, and schema standards to facili-
tate the adoption of open data practices across the 
Federal Government, which shall— 
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‘‘(A) include any definitions, regulations, 
policies, checklists, and case studies related to 
open data policy; 
‘‘(B) facilitate collaboration and the adop-
tion of best practices across the Federal Gov-
ernment relating to the adoption of open data 
practices; and 
‘‘(C) be made available on the Federal 
data catalogue maintained under paragraph (1). 
‘‘(3) ACCESS
TO
OTHER
DATA
ASSETS.—The 
Director shall ensure the Federal data catalogue 
maintained under paragraph (1) provides informa-
tion on how the public can access a data asset in-
cluded in a comprehensive data inventory under sub-
section (a) that is not yet available on the Federal 
data catalogue, including information regarding the 
application process established under section 3583 of 
title 44. 
‘‘(d) DELEGATION.—The Director shall delegate to 
the Administrator of the Office of Information and Regu-
latory Affairs and the Administrator of the Office of Elec-
tronic Government the authority to jointly issue guidance 
required under this section. 
‘‘(e) USE OF EXISTING RESOURCES.—To the extent 
practicable, the head of each agency shall use existing pro-
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