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 inno-
vation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Open, Public, Electronic, and Necessary Government 
Data Act’’ or the ‘‘OPEN Government Data Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 infor-
mation officers council duties. 
Sec. 10. Evaluation of agency analytical capabilities. 
Sec. 11. Effective date. 
SEC. 2. FINDINGS; AGENCY DEFINED. 
(a) FINDINGS.—The Congress finds the following: 
(1) Federal Government data is a valuable na-
tional resource. Managing Federal Government data 
to make it open, available, discoverable, and useable 
to the general public, businesses, journalists, aca-
demics, and advocates promotes efficiency and effec-
tiveness in Government, creates economic opportuni-
ties, promotes scientific discovery, and most impor-
tantly, strengthens our democracy. 
(2) Maximizing the usefulness of Federal Gov-
ernment data that is appropriate for release rests 
upon making it readily available, discoverable, and 
usable—in a word: open. Information presumptively 
should be available to the general public unless the 
Federal Government reasonably foresees that disclo-
sure could harm a specific, articulable interest pro-
tected by law or the Federal Government is other-
wise expressly prohibited from releasing such data 
due to statutory requirements. 
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(3) The Federal Government has the responsi-
bility to be transparent and accountable to its citi-
zens. 
(4) Data controlled, collected, or created by the 
Federal Government should be originated, trans-
mitted, and published in modern, open, and elec-
tronic format, to be as readily accessible as possible, 
consistent with data standards imbued with author-
ity under this Act and to the extent permitted by 
law. 
(5) The effort to inventory Government data 
will have additional benefits, including identifying 
opportunities within agencies to reduce waste, in-
crease efficiencies, and save taxpayer dollars. As 
such, this effort should involve many types of data, 
including data generated by applications, devices, 
networks, and equipment, which can be harnessed to 
improve operations, lower energy consumption, re-
duce costs, and strengthen security. 
(6) Communication, commerce, and data tran-
scend national borders. Global access to Government 
information is often essential to promoting innova-
tion, scientific discovery, entrepreneurship, edu-
cation, and the general welfare. 
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(b) AGENCY DEFINED.—In this Act, the term ‘‘agen-
cy’’ has the meaning given that term in section 3502 of 
title 44, United States Code, and includes the Federal 
Election Commission. 
SEC. 3. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to require the disclosure of infor-
mation or records that are exempt from public disclosure 
under section 552 of title 5, United States Code. 
SEC. 4. FEDERAL INFORMATION POLICY 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; 
(2) in paragraph (14), by striking the period at 
the end and inserting a semicolon; and 
(3) by inserting 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; 
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‘‘(17) the term ‘Enterprise Data Inventory’ 
means the data inventory developed and maintained 
pursuant to section 3523; 
‘‘(18) the term ‘machine-readable’ means a for-
mat in which information or data can be easily proc-
essed by a computer without human intervention 
while ensuring no semantic meaning is lost; 
‘‘(19) 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; 
‘‘(20) the term ‘nonpublic data asset’— 
‘‘(A) means a data asset that may not be 
made available to the public for privacy, secu-
rity, confidentiality, regulation, or other reasons 
as determined by law; and 
‘‘(B) includes data provided by contractors 
that is protected by contract, license, patent, 
trademark, copyright, confidentiality, regula-
tion, or other restriction; 
‘‘(21) the term ‘open format’ means a technical 
format based on an underlying open standard that 
is— 
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‘‘(A) not encumbered by restrictions that 
would impede use or reuse; and 
‘‘(B) based on an underlying open stand-
ard that is maintained by a standards organiza-
tion; 
‘‘(22) the term ‘open Government data’ means 
a Federal Government public data asset that is— 
‘‘(A) machine-readable; 
‘‘(B) available in an open format; and 
‘‘(C) part of the worldwide public domain 
or, if necessary, published with an open license; 
‘‘(23) the term ‘open license’ means a legal 
guarantee applied to a data asset that is made avail-
able to the public that such data asset is made avail-
able— 
‘‘(A) at no cost to the public; and 
‘‘(B) with no restrictions on copying, pub-
lishing, distributing, transmitting, citing, or 
adapting; and 
‘‘(24) the term ‘public data asset’ means a col-
lection of data elements or a data set maintained by 
the Government that— 
‘‘(A) may be released; or 
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‘‘(B) has been released to the public in an 
open format and is discoverable through a 
search of Data.gov.’’. 
SEC. 5. REQUIREMENT FOR MAKING OPEN AND MACHINE- 
READABLE THE DEFAULT FOR GOVERNMENT 
DATA. 
(a) AMENDMENT.—Subchapter I of chapter 35 of 
title 44, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 3522. Requirements for Government data 
‘‘(a) MACHINE-READABLE DATA REQUIRED.—Gov-
ernment data assets made available by an agency shall be 
published as machine-readable data. 
‘‘(b) OPEN BY DEFAULT.—When not otherwise pro-
hibited by law, Government data assets shall— 
‘‘(1) be available in an open format; and 
‘‘(2) be available under open licenses. 
‘‘(c) OPEN LICENSE OR WORLDWIDE PUBLIC DO-
MAIN DEDICATION REQUIRED.—When not otherwise pro-
hibited by law, Government data assets published by or 
for an agency shall be made available under an open li-
cense or, if not made available under an open license and 
appropriately released, shall be considered to be published 
as part of the worldwide public domain. 
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‘‘(d) INNOVATION.—Each agency may engage with 
nongovernmental organizations, citizens, non-profit orga-
nizations, colleges and universities, private and public 
companies, and other agencies to explore opportunities to 
leverage the agency’s public data asset in a manner that 
may provide new opportunities for innovation in the public 
and private sectors in accordance with law and regula-
tion.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for subchapter I of chapter 35 of 
title 44, United States Code, is amended by adding at the 
end the following new item: 
‘‘Sec. 3522. Requirements for Government data.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect 270 days after 
the date of the enactment of this Act and shall apply with 
respect to any contract entered into by an agency on or 
after such effective date. 
(d) USE OF OPEN DATA ASSETS.—Not later than 
270 days after the date of the enactment of this section, 
the head of each agency shall ensure that any activities 
by the agency or any new contract entered into by the 
agency meet the requirements of section 3522 of title 44, 
United States Code, as added by subsection (a). 
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SEC. 6. RESPONSIBILITIES OF THE OFFICE OF ELECTRONIC 
GOVERNMENT. 
(a) COORDINATION OF FEDERAL INFORMATION RE-
SOURCES MANAGEMENT POLICY.—Section 3503 of title 
44, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(c) COORDINATION OF FEDERAL INFORMATION RE-
SOURCES MANAGEMENT POLICY.—The Administrator of 
the Office of Information and Regulatory Affairs shall 
work with the Federal Chief Information Officer and with 
the heads of other offices within the Office of Management 
and Budget to oversee and advise the Director on Federal 
information resources management policy.’’. 
(b) AUTHORITY AND FUNCTIONS OF DIRECTOR.— 
Section 3504(h) of title 44, United States Code, is amend-
ed— 
(1) in paragraph (1), by inserting ‘‘, the Fed-
eral Chief Information Officer,’’ after ‘‘the Director 
of the National Institute of Standards and Tech-
nology’’; 
(2) in paragraph (4)— 
(A) in subparagraph (A), by striking ‘‘; 
and’’ and inserting a semicolon; and 
(B) by inserting at the end the following 
new subparagraph: 
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‘‘(C) oversee the completeness of the En-
terprise Data Inventory and the extent to which 
the agency is making all data collected and gen-
erated by the agency available to the public in 
accordance with section 3523;’’; 
(3) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by inserting at the end the following new 
paragraph: 
‘‘(6) coordinate the development and review of 
Federal information resources management policy by 
the Administrator of the Office of Information and 
Regulatory Affairs and the Federal Chief Informa-
tion Officer.’’. 
(c) CHANGE OF NAME OF THE OFFICE OF ELEC-
TRONIC GOVERNMENT.— 
(1) DEFINITIONS.—Section 3601 of title 44, 
United States Code, is amended— 
(A) by striking paragraph (1); 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (4) as paragraphs (1) through (3), re-
spectively; and 
(C) by inserting after paragraph (3), as so 
redesignated, the following new paragraph: 
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‘‘(4) ‘Federal Chief Information Officer’ means 
the Federal Chief Information Officer of the Office 
of the Federal Chief Information Officer established 
under section 3602;’’. 
(2) OFFICE OF THE FEDERAL CHIEF INFORMA-
TION OFFICER.—Section 3602 of title 44, United 
States Code, is amended— 
(A) in the heading, by striking ‘‘Elec-
tronic Government’’ and inserting ‘‘the 
Federal Chief Information Officer’’; 
(B) in subsection (a), by striking ‘‘Office 
of Electronic Government’’ and inserting ‘‘Of-
fice of the Federal Chief Information Officer’’; 
(C) in subsection (b), by striking ‘‘an Ad-
ministrator’’ and inserting ‘‘a Federal Chief In-
formation Officer’’; 
(D) in subsection (c), by striking ‘‘The Ad-
ministrator’’ and inserting ‘‘The Federal Chief 
Information Officer’’; 
(E) in subsection (d), by striking ‘‘The Ad-
ministrator’’ and inserting ‘‘The Federal Chief 
Information Officer’’; 
(F) in subsection (e), by striking ‘‘The Ad-
ministrator’’ and inserting ‘‘The Federal Chief 
Information Officer’’; 
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(G) in subsection (f)— 
(i) by striking ‘‘the Administrator 
shall’’ and inserting ‘‘the Federal Chief In-
formation Officer shall’’; and 
(ii) in paragraph (16), by striking 
‘‘the Office of Electronic Government’’ and 
inserting ‘‘the Office of the Federal Chief 
Information Officer’’; and 
(H) in subsection (g), by striking ‘‘the Of-
fice of Electronic Government’’ and inserting 
‘‘the Office of the Federal Chief Information 
Officer’’. 
(3) CHIEF INFORMATION OFFICERS COUNCIL.— 
Section 3603 of title 44, United States Code, is 
amended— 
(A) in subsection (b)(2), by striking ‘‘The 
Administrator of the Office of Electronic Gov-
ernment’’ and inserting ‘‘The Federal Chief In-
formation Officer’’; 
(B) in subsection (c)(1), by striking ‘‘The 
Administrator of the Office of Electronic Gov-
ernment’’ and inserting ‘‘The Federal Chief In-
formation Officer’’; and 
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(C) in subsection (f)(3), by striking ‘‘the 
Administrator’’ and inserting ‘‘the Federal 
Chief Information Officer’’. 
(4) E-GOVERNMENT
FUND.—Section 3604 of 
title 44, United States Code, is amended— 
(A) in subsection (a)(2), by striking ‘‘the 
Administrator of the Office of Electronic Gov-
ernment’’ and inserting ‘‘the Federal Chief In-
formation Officer’’; 
(B) in subsection (b), by striking ‘‘Admin-
istrator’’, each place it appears, and inserting 
‘‘Federal Chief Information Officer’’; and 
(C) in subsection (c), by striking ‘‘the Ad-
ministrator’’ and inserting ‘‘the Federal Chief 
Information Officer’’. 
(5) PROGRAM TO ENCOURAGE INNOVATIVE SO-
LUTIONS TO ENHANCE ELECTRONIC GOVERNMENT 
SERVICES AND PROCESSES.—Section 3605 of title 
44, United States Code, is amended— 
(A) in subsection (a), by striking ‘‘The Ad-
ministrator’’ and inserting ‘‘The Federal Chief 
Information Officer’’; 
(B) in subsection (b), by striking ‘‘, the 
Administrator,’’ and inserting ‘‘, the Federal 
Chief Information Officer,’’; and 
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(C) in subsection (c)— 
(i) in paragraph (1)— 
(I) by striking ‘‘The Adminis-
trator’’ and inserting ‘‘The Federal 
Chief Information Officer’’; and 
(II) by striking ‘‘proposals sub-
mitted to the Administrator’’ and in-
serting ‘‘proposals submitted to the 
Federal Chief Information Officer’’; 
(ii) in paragraph (2), by striking ‘‘the 
Administrator’’ and inserting ‘‘the Federal 
Chief Information Officer’’; and 
(iii) in paragraph (4), by striking ‘‘the 
Administrator’’ and inserting ‘‘the Federal 
Chief Information Officer’’. 
(6) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) TABLE OF SECTIONS.—The table of 
sections for chapter 36 of title 44, United 
States Code, is amended by striking the item 
relating to section 3602 and inserting the fol-
lowing new item: 
‘‘3602. Office of the Federal Chief Information Officer.’’. 
(B) POSITIONS
AT
LEVEL
III.—Section 
5314 of title 5, United States Code, is amended 
by striking ‘‘Administrator of the Office of 
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Electronic Government’’ and inserting ‘‘Federal 
Chief Information Officer’’. 
(C) OFFICE
OF
ELECTRONIC
GOVERN-
MENT.—Section 507 of title 31, United States 
Code, is amended by striking ‘‘The Office of 
Electronic Government’’ and inserting ‘‘The Of-
fice of the Federal Chief Information Officer’’. 
(D) ELECTRONIC
GOVERNMENT
AND
IN-
FORMATION
TECHNOLOGIES.—Section 305 of 
title 40, United States Code, is amended by 
striking ‘‘Administrator of the Office of Elec-
tronic Government’’ and inserting ‘‘Federal 
Chief Information Officer’’. 
(E) CAPITAL PLANNING AND INVESTMENT 
CONTROL.—Section 11302(c)(4) of title 40, 
United States Code, is amended by striking 
‘‘Administrator of the Office of Electronic Gov-
ernment’’, each place it appears, and inserting 
‘‘Federal Chief Information Officer’’. 
(F) RESOURCES, PLANNING, AND
PORT-
FOLIO
MANAGEMENT.—The second subsection 
(c) of section 11319 of title 40, United States 
Code, is amended by striking ‘‘Administrator of 
the Office of Electronic Government’’, each 
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place it appears, and inserting ‘‘Federal Chief 
Information Officer’’. 
(7) RULE
OF
CONSTRUCTION.—The amend-
ments made by this subsection were to change the 
name of the Office of Electronic Government and 
the Administrator of such office and shall not be 
construed to effect any of the substantive provisions 
of the provisions amended or to require a new ap-
pointment by the President. 
SEC. 7. DATA INVENTORY AND PLANNING. 
(a) ENTERPRISE DATA INVENTORY.— 
(1) AMENDMENT.—Subchapter I of chapter 35 
of title 44, United States Code, as amended by sec-
tion 5, is further amended by adding at the end the 
following new section: 
‘‘§ 3523. Enterprise data inventory 
‘‘(a) AGENCY DATA INVENTORY REQUIRED.—In 
order to develop a clear and comprehensive understanding 
of the data assets in the possession of an agency, the head 
of each agency, in consultation with the Director of the 
Office of Management and Budget, shall develop and 
maintain an enterprise data inventory (in this section, re-
ferred to as the ‘Enterprise Data Inventory’) that ac-
counts for any data asset created, collected, under the con-
trol or direction of, or maintained by the agency after the 
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effective date of this section, with the ultimate goal of in-
cluding all data assets, to the extent practicable. The En-
terprise Data Inventory shall include each of the following: 
‘‘(1) Data assets used in agency information 
systems, including program administration, statis-
tical, and financial activity. 
‘‘(2) Data assets shared or maintained across 
agency programs and bureaus. 
‘‘(3) Data assets that are shared among agen-
cies or created by more than 1 agency. 
‘‘(4) A clear indication of all data assets that 
can be made publicly available under section 552 of 
title 5. 
‘‘(5) A description of whether the agency has 
determined that an individual data asset may be 
made publicly available and whether such data asset 
is currently available to the public. 
‘‘(6) Nonpublic data assets. 
‘‘(7) Government data assets generated by ap-
plications, devices, networks, and equipment, cat-
egorized by source type. 
‘‘(b) PUBLIC AVAILABILITY.—The Chief Information 
Officer of each agency shall use the guidance provided by 
the Director issued pursuant to section 3504(a)(1)(C)(ii) 
to make public data assets included in the Enterprise 
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Data Inventory publicly available in an open format and 
under an open license. 
‘‘(c) NON-PUBLIC DATA.—Non-public data included 
in the Enterprise Data Inventory may be maintained in 
a non-public section of the inventory. 
‘‘(d) AVAILABILITY OF ENTERPRISE DATA INVEN-
TORY.—The Chief Information Officer of each agency— 
‘‘(1) shall make the Enterprise Data Inventory 
available to the public on Data.gov; 
‘‘(2) shall ensure that access to the Enterprise 
Data Inventory and the data contained therein shall 
be consistent with applicable law and regulation; and 
‘‘(3) may implement paragraph (1) in a manner 
that maintains a non-public portion of the Enter-
prise Data Inventory. 
‘‘(e) REGULAR UPDATES REQUIRED.—The Chief In-
formation Officer of each agency shall update the Enter-
prise Data Inventory for such agency not less than annu-
ally. 
‘‘(f) USE OF EXISTING RESOURCES.—The Chief In-
formation Officer of each agency shall use existing proce-
dures and systems to compile and publish the Enterprise 
Data Inventory for such agency when practicable.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for subchapter I of 
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chapter 35 of title 44, United States Code, as 
amended by section 5, is further amended by adding 
at the end the following new item: 
‘‘Sec. 3523. Enterprise data inventory.’’. 
(b) STANDARDS
FOR ENTERPRISE DATA INVEN-
TORY.—Section 3504(a)(1) of title 44, United States 
Code, is amended— 
(1) in subparagraph (A), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (B)— 
(A) by moving clause (vi) two ems to the 
left; and 
(B) in clause (vi), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting at the end the following new 
subparagraph: 
‘‘(C) issue standards for the Enterprise Data 
Inventory described in section 3523, including— 
‘‘(i) a requirement that the Enterprise 
Data Inventory include a compilation of 
metadata about agency data assets; and 
‘‘(ii) criteria that the head of each agency 
shall use in determining whether to make a par-
ticular data asset publicly available in a manner 
that takes into account— 
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‘‘(I) the expectation of confidentiality 
associated with an individual data asset; 
‘‘(II) security considerations, includ-
ing the risk that information in an indi-
vidual data asset in isolation does not pose 
a security risk but when combined with 
other available information may pose such 
a risk; 
‘‘(III) cost and value to the public of 
converting the data into a manner that 
could be understood and used by the pub-
lic; 
‘‘(IV) the expectation that all data as-
sets that would otherwise be made avail-
able under section 552 of title 5 (com-
monly referred to as the Freedom of Infor-
mation Act) be disclosed; and 
‘‘(V) any other considerations that the 
Director determines to be relevant.’’. 
(c) FEDERAL AGENCY RESPONSIBILITIES.—Section 
3506 of title 44, United States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(C), by striking ‘‘secu-
rity;’’ and inserting the following: ‘‘security 
by— 
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‘‘(i) using open format for any new 
Government data asset created or obtained 
on the date that is 180 days after the date 
of the enactment of this clause; and 
‘‘(ii) encouraging the adoption of open 
format for all open Government data cre-
ated or obtained before the date of the en-
actment of this clause;’’. 
(B) in paragraph (4), by striking ‘‘sub-
chapter; and’’ and inserting ‘‘subchapter and a 
review of each agency’s Enterprise Data Inven-
tory described in section 3523;’’; 
(C) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by inserting at the end the following 
new paragraph: 
‘‘(6) in consultation with the Director, develop 
an open data plan as a part of the requirement for 
a strategic information resources management plan 
described in paragraph (2) that, at a minimum— 
‘‘(A) requires the agency to develop proc-
esses and procedures that— 
‘‘(i) require each new data collection 
mechanism to use an open format; and 
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‘‘(ii) allow the agency to collaborate 
with non-Government entities, researchers, 
businesses, and private citizens for the 
purpose of understanding how data users 
value and use open Government data; 
‘‘(B) identifies and implements methods 
for collecting and analyzing digital information 
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, rec-
ommendations for improvements, and com-
plaints about adherence to open data require-
ments in accordance with subsection (d)(2); 
‘‘(C) develops and implements a process to 
evaluate and improve the timeliness, complete-
ness, accuracy, usefulness, and availability of 
open Government data; 
‘‘(D) requires the agency to update the 
plan at an interval determined by the Director; 
‘‘(E) includes requirements for meeting the 
goals of the agency open data plan including 
technology, training for employees, and imple-
menting procurement standards, in accordance 
with existing law, that allow for the acquisition 
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of innovative solutions from the public and pri-
vate sector; and 
‘‘(F) prohibits the dissemination and acci-
dental disclosure of nonpublic data assets.’’; 
(2) in subsection (c), by striking ‘‘With respect 
to’’ and inserting ‘‘Except as provided under sub-
section (j), with respect to’’; 
(3) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘shall’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘shall’’ before ‘‘en-
sure’’; 
(ii) in subparagraph (A), by striking 
‘‘sources’’ and inserting ‘‘sources and 
uses’’; and 
(iii) in subparagraph (C), by inserting 
‘‘, including providing access to open Gov-
ernment data online’’ after ‘‘economical 
manner’’; 
(C) in paragraph (2), by inserting ‘‘shall’’ 
before ‘‘regularly’’; 
(D) in paragraph (3)— 
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(i) by inserting ‘‘shall’’ before ‘‘pro-
vide’’; and 
(ii) by striking ‘‘; and’’ and inserting 
a semicolon; 
(E) in paragraph (4)— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘may’’ before 
‘‘not’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(F) by inserting at the end the following 
new paragraphs: 
‘‘(5) shall take the necessary precautions to en-
sure that the agency maintains the production and 
publication of data assets which are directly related 
to activities that protect the safety of human life or 
property as identified by the open data plan of the 
agency required by subsection (b)(6); and 
‘‘(6) may engage the public in using open Gov-
ernment data and encourage collaboration by— 
‘‘(A) publishing information on open Gov-
ernment data usage in regular, timely intervals, 
but not less than annually; 
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‘‘(B) receiving public input regarding pri-
orities for the analysis and disclosure of data 
assets to be published; 
‘‘(C) assisting civil society groups and 
members of the public working to expand the 
use of open Government data; and 
‘‘(D) 
hosting 
challenges, 
competitions, 
events, or other initiatives designed to create 
additional value from open Government data.’’; 
and 
(4) by adding at the end the following new sub-
section: 
‘‘(j) COLLECTION OF INFORMATION EXCEPTION.— 
Notwithstanding subsection (c), an agency is not required 
to meet the requirements of paragraphs (2) and (3) of 
such subsection if— 
‘‘(1) the waiver of such requirements is ap-
proved by the head of the agency; 
‘‘(2) the collection of information is— 
‘‘(A) online and electronic; 
‘‘(B) voluntary and there is no perceived or 
actual tangible benefit to the provider of the in-
formation; 
‘‘(C) of an extremely low burden that is 
typically completed in five minutes or less; and 
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‘‘(D) focused on gathering input about the 
performance of, or public satisfaction with, an 
agency providing service; and 
‘‘(3) the agency publishes representative sum-
maries of the collection of information under sub-
section (c).’’. 
(d) REPOSITORY.—The Director of the Office of 
Management and Budget shall collaborate with the Office 
of Government Information Services and the Adminis-
trator of General Services to develop and maintain an on-
line repository of tools, best practices, and schema stand-
ards to facilitate the adoption of open data practices. The 
repository shall— 
(1) include definitions, regulation and policy, 
checklists, and case studies related to open data, this 
Act, and the amendments made by this Act; and 
(2) facilitate collaboration and the adoption of 
best practices across the Federal Government relat-
ing to the adoption of open data practices. 
(e) SYSTEMATIC
AGENCY
REVIEW
OF
OPER-
ATIONS.—Section 305 of title 5, United States Code, is 
amended— 
(1) in subsection (b), by inserting at the end 
the following new sentence: ‘‘To the greatest extent 
practicable, each agency shall use existing data to 
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support such reviews if the data is accurate and 
complete.’’; 
(2) in subsection (c)— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; and 
(B) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) determining the status of achieving the 
mission, goals, and objectives of the agency as de-
scribed in the strategic plan of the agency published 
pursuant to section 306;’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(d) OPEN DATA COMPLIANCE REPORT.—Not later 
than 1 year after the date of the enactment of this sub-
section, and every two years thereafter, the Director of 
the Office of Management and Budget shall electronically 
publish a report on agency performance and compliance 
with the Open, Public, Electronic, and Necessary Govern-
ment Data Act and the amendments made by that Act.’’. 
(f) GAO REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
Oversight and Government Reform of the House of Rep-
resentatives and the Committee on Homeland Security 
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and Governmental Affairs of the Senate a report that 
identifies— 
(1) the value of information made available to 
the public as a result of this Act, and the amend-
ments made by this Act; and 
(2) whether it is valuable to expand the publicly 
available information to any other data assets. 
SEC. 8. TECHNOLOGY PORTAL. 
(a) AMENDMENT.—Subchapter I of chapter 35 of 
title 44, United States Code, is amended by inserting after 
section 3511 the following new section: 
‘‘§ 3511A. Technology portal 
‘‘(a) DATA.GOV REQUIRED.—The Administrator of 
General Services shall maintain a single public interface 
online as a point of entry dedicated to sharing open Gov-
ernment data with the public. 
‘‘(b) COORDINATION WITH AGENCIES.—The Director 
of the Office of Management and Budget shall determine, 
after consultation with the head of each agency and the 
Administrator of General Services, the method to access 
any open Government data published through the inter-
face described in subsection (a).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for subchapter I of chapter 35 of 
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