,,ii #aaeth ,,congress #ast ,session ,s4 #gfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bi1 #bjag,mr4 ,schatz 7for himself and ,mr4 ,sasse7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to expand the ,government's use and administration of data to facilitate transparency1 effective governance1 and innovation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,open1 ,public1 ,electronic1 and ,necessary ,government ,data ,act or the ,,open ,government ,data ,act4 #b4 ,findings 7a7 ,findings ,congress finds the following3 7#a7 ,federal ,government data is a valuable national resource4 ,managing ,federal ,government data to make it open1 available1 discoverable1 and usable to the general public1 businesses1 journalists1 academics1 and advocates promotes efficiency and effectiveness in ,government1 creates economic opportunities1 promotes scientific discovery1 and most importantly1 strengthens our democracy4 7#b7 ,maximizing the usefulness of ,federal ,government data that is appropriate for release rests upon making it readily available1 discoverable1 and usable--in a word3 open4 ,information presumptively should be available to the general public unless the ,federal ,government reasonably foresees that disclosure could harm a specific1 articulable interest protected by law or the ,federal ,government is otherwise expressly prohibited from releasing such data due to statutory requirements4 7#c7 ,the ,federal ,government has the responsibility to be transparent and accountable to its citizens4 7#d7 ,data controlled1 collected1 or created by the ,federal ,government should be originated1 transmitted1 and published in modern1 open1 and electronic format1 to be as readily accessible as possible1 consistent with data standards under this ,act or otherwise permitted by law4 7#e7 ,the effort to inventory ,government data will have additional benefits1 including identifying opportunities within agencies to reduce waste1 increase efficiencies1 and save taxpayer dollars4 ,as such1 this effort should involve many types of data1 including data generated by applications1 devices1 networks1 and equipment1 which can be harnessed to improve operations1 lower energy consumption1 reduce costs1 and strengthen security4 7#f7 ,communication1 commerce1 and data transcend national borders4 ,global access to ,government information is often essential to promoting innovation1 scientific discovery1 entrepreneurship1 education1 and the general welfare4 #c4 ,definition ,in this ,act1 the term agency has the meaning given the term in section #cefa of title #dd1 ,united ,states ,code1 as added by section #d4 #d4 ,open ,government data 7a7 ,in general ,chapter #ce of title #dd1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iii ,open government data #cefa4 ,definitions ,as used in this subchapter-- 7#a7 the term agency-- 7,a7 has the meaning given the term in section #cejb2 and 7,b7 includes the ,federal ,election ,commission2 7#b7 the term data means recorded information1 regardless of form or the media on which the data is recorded2 7#c7 the term data asset means a collection of data elements or data sets that may be grouped together2 7#d7 the term ,director means the ,director of the ,office of ,management and ,budget2 7#e7 the term ,enterprise ,data ,inventory means the data inventory developed and maintained pursuant to section #cefc2 7#f7 the terms information resources management1 information system1 and information technology have the meanings given those terms in section #cejb2 7#g7 the term machine-readable means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost2 7#h7 the term metadata means structural or descriptive information about data such as content1 format1 source1 rights1 accuracy1 provenance1 frequency1 periodicity1 granularity1 publisher or responsible party1 contact information1 method of collection1 and other descriptions2 7#i7 the term nonpublic data asset-- 7,a7 means a data asset that may not be made available to the public for privacy1 security1 confidentiality1 regulation1 or other reasons as determined by law2 and 7,b7 includes data provided by contractors that is protected by contract1 license1 patent1 trademark1 copyright1 confidentiality1 regulation1 or other restriction2 7#aj7 the term open ,government data asset means a data asset maintained by the ,federal ,government that is-- 7,a7 machine-readable2 7,b7 available in an open format2 7,c7 not encumbered by restrictions that would impede use or reuse2 and 7,d7 based on an underlying open standard that is maintained by a standards organization2 7#aa7 the term open license means a legal guarantee applied to a public data asset that the data asset is made available-- 7,a7 at no cost to the public2 and 7,b7 with no restrictions on copying1 publishing1 distributing1 transmitting1 citing1 or adapting2 and 7#ab7 the term public data asset means a data asset maintained by the ,federal ,government that-- 7,a7 may be released to the public2 7,b7 has been released to the public in an open format and is discoverable through a search of ,data4gov or any successor to ,data4gov2 or 7,c7 is part of the worldwide public domain or1 if necessary1 published with an open license4 #cefb4 ,requirements for ,government data 7a7 ,machine-,readable data required ,open ,government data assets made available by an agency shall be published as machine-readable data4 7b7 ,open by default ,when not otherwise prohibited by law1 and to the extent practicable1 public data assets and nonpublic data assets maintained by the ,federal ,government shall-- 7#a7 be available in an open format2 and 7#b7 be available under open licenses4 7c7 ,open license or worldwide public domain dedication required ,when not otherwise prohibited by law1 and to the extent practicable1 open ,government data assets published by or for an agency shall be made available under an open license or1 if not made available under an open license and appropriately released1 shall be considered to be published as part of the worldwide public domain4 7d7 ,innovation ,each agency may engage with nongovernmental organizations1 citizens1 nonprofit organizations1 colleges and universities1 private and public companies1 and other agencies to explore opportunities to leverage the public data assets of the agency in a manner that may provide new opportunities for innovation in the public and private sectors in accordance with law and regulation4 #cefc4 ,enterprise data inventory 7a7 ,agency data inventory required 7#a7 ,in general ,in order to develop a clear and comprehensive understanding of the data assets in the possession of an agency1 the head of each agency1 in consultation with the ,director1 shall develop and maintain an enterprise data inventory 7in this section referred to as the ,enterprise ,data ,inventory7 that accounts for any data asset created1 collected1 under the control or direction of1 or maintained by the agency after the effective date of this section1 with the goal of including all data assets1 to the extent practicable4 7#b7 ,contents ,the ,enterprise ,data ,inventory shall include each of the following3 7,a7 ,data assets used in agency information systems 7including program administration1 statistics1 and financial activity7 generated by applications1 devices1 networks1 facilities1 and equipment1 categorized by source type4 7,b7 ,data assets shared or maintained across agency programs and bureaus4 7,c7 ,data assets that are shared among agencies or created by more than #a agency4 7,d7 ,a clear indication of all data assets that can be made publicly available under section #eeb of title #e 7commonly known as the ,freedom of ,information ,act74 7,e7 ,a description of whether the agency has determined that an individual data asset may be made publicly available and whether the data asset is available to the public4 7,f7 ,nonpublic data assets4 7,g7 ,open ,government data assets4 7b7 ,public availability ,the ,chief ,information ,officer of each agency shall use the standards provided by the ,director issued pursuant to subsection 7c7 to make public data assets included in the ,enterprise ,data ,inventory publicly available in an open format and under an open license4 7c7 ,standards for ,enterprise ,data ,inventory ,the ,director shall issue standards for the ,enterprise ,data ,inventory1 including-- 7#a7 a requirement that the ,enterprise ,data ,inventory include a compilation of metadata about agency data assets2 and 7#b7 criteria that the head of each agency shall use in determining whether to make a particular data asset publicly available in a manner that takes into account-- 7,a7 the expectation of confidentiality associated with an individual data asset2 7,b7 security considerations1 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 risk2 7,c7 the cost and benefits to the public of converting the data into a manner that could be understood and used by the public2 7,d7 the expectation that all data assets that would otherwise be made available under section #eeb of title #e 7commonly known as the ,freedom of ,information ,act7 be disclosed2 and 7,e7 any other considerations that the ,director determines to be relevant4 7d7 ,nonpublic data assets ,nonpublic data assets included in the ,enterprise ,data ,inventory may be maintained in a nonpublic section of the inventory4 7e7 ,availability of ,enterprise ,data ,inventory ,the ,chief ,information ,officer of each agency-- 7#a7 shall make the ,enterprise ,data ,inventory available to the public on ,data4gov2 7#b7 shall ensure that access to the ,enterprise ,data ,inventory and the data contained therein is consistent with applicable law and regulation2 and 7#c7 may implement paragraph 7#a7 in a manner that maintains a nonpublic portion of the ,enterprise ,data ,inventory4 7f7 ,regular updates required ,the ,chief ,information ,officer of each agency shall-- 7#a7 to the extent practicable1 complete the ,enterprise ,data ,inventory for the agency not later than #a year after the date of enactment of this section2 and 7#b7 add additional data assets to the ,enterprise ,data ,inventory for the agency not later than #ij days after the date on which the data asset is created or identified4 7g7 ,use of existing resources ,when practicable1 the ,chief ,information ,officer of each agency shall use existing procedures and systems to compile and publish the ,enterprise ,data ,inventory for the agency4 #cefd4 ,federal agency responsibilities 7a7 ,information resources management ,with respect to general information resources management1 each agency shall-- 7#a7 improve the integrity1 quality1 and utility of information to all users within and outside the agency by-- 7,a7 using open format for any new open ,government data asset created or obtained on the date that is #a year after the date of enactment of this section2 and 7,b7 to the extent practicable1 encouraging the adoption of open format for all open ,government data assets created or obtained before the date of enactment of this section2 and 7#b7 in consultation with the ,director1 develop an open data plan that1 at a minimum and to the extent practicable-- 7,a7 requires the agency to develop processes and procedures that-- 7i7 require each new data collection mechanism to use an open format2 and 7ii7 allow the agency to collaborate with non-,government entities1 researchers1 businesses1 and private citizens for the purpose of understanding how data users value and use open ,government data assets2 7,b7 identifies and implements methods for collecting and analyzing digital information on data asset usage by users within and outside of the agency1 including designating a point of contact within the agency to assist the public and to respond to quality issues1 usability1 recommendations for improvements1 and complaints about adherence to open data requirements2 7,c7 develops and implements a process to evaluate and improve the timeliness1 completeness1 accuracy1 usefulness1 and availability of open ,government data assets2 7,d7 requires the agency to update the plan at an interval determined by the ,director2 7,e7 includes requirements for meeting the goals of the agency open data plan including technology1 training for employees1 and implementing procurement standards1 in accordance with existing law1 that allow for the acquisition of innovative solutions from the public and private sectors2 and 7,f7 prohibits the dissemination and accidental disclosure of nonpublic data assets4 7b7 ,information dissemination ,with respect to information dissemination1 each agency-- 7#a7 shall provide access to open ,government data assets online2 7#b7 shall take the necessary precautions to ensure 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 property1 as identified by the open data plan of the agency required under subsection 7a77#b72 and 7#c7 may engage the public in using open ,government data assets and encourage collaboration by-- 7,a7 publishing information on open ,government data assets usage in regular1 timely intervals1 but not less than annually2 7,b7 receiving public input regarding priorities for the analysis and disclosure of data assets to be published2 7,c7 assisting civil society groups and members of the public working to expand the use of open ,government data assets2 and 7,d7 hosting challenges1 competitions1 events1 or other initiatives designed to create additional value from open ,government data assets4 #cefe4 ,additional ,chief ,information ,officer responsibilities ,the ,chief ,information ,officer of each agency1 or other appropriate official designated by the head of an agency1 is responsible for-- 7#a7 data asset management1 format standardization1 sharing of data assets1 and publication of data assets for the agency2 7#b7 the compilation and publication of the ,enterprise ,data ,inventory for the agency required under section #cefc2 7#c7 ensuring that agency data conforms with open data best practices2 7#d7 engaging agency employees1 the public1 and contractors in using open ,government data assets and encourage collaborative approaches to improving data use2 7#e7 supporting the agency ,performance ,improvement ,officer in generating data to support the function of the ,performance ,improvement ,officer described in section #aabd7;a77#b7 of title #ca2 7#f7 reviewing the information technology infrastructure of the agency and the impact of the infrastructure on making data assets accessible to reduce barriers that inhibit data asset accessibility2 7#g7 ensuring that1 to the extent practicable1 the agency is maximizing its own use of data1 including data assets used in agency information systems 7including program administration1 statistics1 and financial activity7 generated by applications1 devices1 networks1 facilities1 and equipment1 categorized by source type1 and such use is not otherwise prohibited1 to reduce costs1 improve operations1 and strengthen security and privacy protections2 and 7#h7 identifying points of contact for roles and responsibilities related to open data use and implementation as required by the ,director4 #ceff4 ,technology portal 7a7 ,data4gov required ,the ,administrator of ,general ,services shall maintain a single public interface online as a point of entry dedicated to sharing open ,government data assets with the public4 7b7 ,coordination with agencies ,the ,director shall determine1 after consultation with the head of each agency and the ,administrator of ,general ,services1 the method to access any open ,government data assets published through the interface described in subsection 7a74 4 7b7 ,special provisions 7#a7 ,effective date ,notwithstanding section #h1 section #cefb of title #dd1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on the date that is #a year after the date of enactment of this ,act and shall apply with respect to any contract entered into by an agency on or after such effective date4 7#b7 ,use of open data assets ,not later than #a year after the date of enactment of this ,act1 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 #cefb of title #dd1 ,united ,states ,code1 as added by subsection 7a74 7#c7 ,deadline for technology portal ,not later than #ahj days after the effective date of this ,act1 the ,administrator of ,general ,services shall meet the requirements of section #ceff of title #dd1 ,united ,states ,code1 as added by subsection 7a74 7c7 ,technical and conforming amendment ,the table of sections for chapter #ce of title #dd1 ,united ,states ,code1 is amended by adding at the end the following3 ,,subchapter ,,iii--,open ,government ,data#cefa4 ,definitions4#cefb4 ,requirements for ,government data4#cefc4 ,enterprise data inventory4#cefd4 ,federal agency responsibilities4#cefe4 ,additional ,chief ,information ,officer responsibilities4#ceff4 ,technology portal4 4 #e4 ,evaluation of agency analytical capabilities 7a7 ,agency review of evaluation and analysis capabilities2 report ,not later than #c years after the date of enactment of this ,act1 the ,chief ,operating ,officer of each agency shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and the ,director of the ,office of ,management and ,budget a report on the review described in subsection 7b74 7b7 ,requirements of agency review ,the report required under subsection 7a7 shall assess the coverage1 quality1 methods1 effectiveness1 and independence of the evaluation1 research1 and analysis efforts of an agency1 including each of the following3 7#a7 ,a list of the activities and operations of the agency that are being evaluated and analyzed and the activities and operations that have been evaluated and analyzed during the previous #e years4 7#b7 ,the extent to which the evaluations1 research1 and analysis efforts and related activities of the agency support the needs of various divisions within the agency4 7#c7 ,the extent to which the evaluation research and analysis efforts and related activities of the agency address an appropriate balance between needs related to organizational learning1 ongoing program management1 performance management1 strategic management1 interagency and private sector coordination1 internal and external oversight1 and accountability4 7#d7 ,the extent to which the agency uses methods and combinations of methods that are appropriate to agency divisions and the corresponding research questions being addressed1 including an appropriate combination of formative and summative evaluation research and analysis approaches4 7#e7 ,the extent to which evaluation and research capacity is present within the agency to include personnel1 agency process for planning and implementing evaluation activities1 disseminating best practices and findings1 and incorporating employee views and feedback4 7#f7 ,the extent to which the agency has the capacity to assist front-line staff and program offices to develop the capacity to use evaluation research and analysis approaches and data in the day-to-day operations4 7c7 ,,gao review of agency reports ,not later than #d years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that summarizes agency findings and highlights trends from the reports submitted pursuant to subsection 7a7 and1 if appropriate1 recommends actions to further improve agency capacity to use evaluation techniques and data to support evaluation efforts4 #f4 ,online repository and additional reports 7a7 ,repository ,the ,director of the ,office of ,management and ,budget shall collaborate with the ,office of ,government ,information ,services and the ,administrator of ,general ,services to develop and maintain an online repository of tools1 best practices1 and schema standards to facilitate the adoption of open data practices1 which shall-- 7#a7 include definitions1 regulation and policy1 checklists1 and case studies related to open data1 this ,act1 and the amendments made by this ,act2 and 7#b7 facilitate collaboration and the adoption of best practices across the ,federal ,government relating to the adoption of open data practices4 7b7 ,,gao report ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a report that identifies-- 7#a7 the value of information made available to the public as a result of this ,act and the amendments made by this ,act2 7#b7 whether it is valuable to expand the publicly available information to any other data assets2 and 7#c7 the completeness of the ,enterprise ,data ,inventory at each agency required under section #cefc of title #dd1 ,united ,states ,code1 as added by section #d4 7c7 ,biennial ,,omb report ,not later than #a year after the effective date of this ,act1 and every #b years thereafter1 the ,director of the ,office of ,management and ,budget shall electronically publish a report on agency performance and compliance with this ,act and the amendments made by this ,act4 7d7 ,agency ,,cio report ,not later than #a year after the effective date of this ,act and every year thereafter1 the ,chief ,information ,officer of each agency shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives a report on compliance with the requirements of this ,act and the amendments made by this ,act1 including information on the requirements that the agency could not meet and what the agency needs to comply with those requirements4 #g4 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to require the disclosure of information or records that are exempt from public disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 #h4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect on the date that is #ahj days after the date of enactment of this ,act4