OPEN Government Data Act

I

115TH CONGRESS
1ST SESSION

H. R. 1770

To expand the Government’s use and administration of data to facilitate
transparency, effective governance, and innovation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 2017
Mr. KILMER (for himself and Mr. FARENTHOLD) introduced the following bill;
which was referred to the Committee on Oversight and Government Reform

A BILL
To expand the Government’s use and administration of data
to facilitate transparency, effective governance, and innovation, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
3

SECTION 1. SHORT TITLE.

4

This Act may be cited as the ‘‘Open, Public, Elec-

5 tronic, and Necessary Government Data Act’’ or the
6 ‘‘OPEN Government Data Act’’.
7

SEC. 2. FINDINGS.

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(a) FINDINGS.—Congress finds the following:

9

(1) Federal Government data is a valuable na-

10

tional resource. Managing Federal Government data

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1

to make it open, available, discoverable, and usable

2

to the general public, businesses, journalists, aca-

3

demics, and advocates promotes efficiency and effec-

4

tiveness in Government, creates economic opportuni-

5

ties, promotes scientific discovery, and most impor-

6

tantly, strengthens our democracy.

7

(2) Maximizing the usefulness of Federal Gov-

8

ernment data that is appropriate for release rests

9

upon making it readily available, discoverable, and

10

usable—in a word: open. Information presumptively

11

should be available to the general public unless the

12

Federal Government reasonably foresees that disclo-

13

sure could harm a specific, articulable interest pro-

14

tected by law or the Federal Government is other-

15

wise expressly prohibited from releasing such data

16

due to statutory requirements.

17

(3) The Federal Government has the responsi-

18

bility to be transparent and accountable to its citi-

19

zens.

20

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

21

Federal Government should be originated, trans-

22

mitted, and published in modern, open, and elec-

23

tronic format, to be as readily accessible as possible,

24

consistent with data standards under this Act or

25

otherwise permitted by law.

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(5) The effort to inventory Government data

2

will have additional benefits, including identifying

3

opportunities within agencies to reduce waste, in-

4

crease efficiencies, and save taxpayer dollars. As

5

such, this effort should involve many types of data,

6

including data generated by applications, devices,

7

networks, and equipment, which can be harnessed to

8

improve operations, lower energy consumption, re-

9

duce costs, and strengthen security.

10

(6) Communication, commerce, and data tran-

11

scend national borders. Global access to Government

12

information is often essential to promoting innova-

13

tion, scientific discovery, entrepreneurship, edu-

14

cation, and the general welfare.

15

SEC. 3. DEFINITION.

16

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

17 the term in section 3561 of title 44, United States Code,
18 as added by section 4.
19

SEC. 4. OPEN GOVERNMENT DATA.

20

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

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

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23

‘‘Subchapter III—Open Government Data

24 ‘‘§ 3561. Definitions
25

‘‘As used in this subchapter—

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‘‘(1) the term ‘agency’—

2

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

3

section 3502; and

4

‘‘(B) includes the Federal Election Com-

5

mission;

6

‘‘(2) the term ‘data’ means recorded informa-

7

tion, regardless of form or the media on which the

8

data is recorded;

9

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

10

data elements or data sets that may be grouped to-

11

gether;

12

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‘‘(4) the term ‘Director’ means the Director of
the Office of Management and Budget;

14

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

15

means the data inventory developed and maintained

16

pursuant to section 3563;

17

‘‘(6) the terms ‘information resources manage-

18

ment’, ‘information system’, and ‘information tech-

19

nology’ have the meanings given those terms in sec-

20

tion 3502;

21

‘‘(7) the term ‘machine-readable’ means a for-

22

mat in which information or data can be easily proc-

23

essed by a computer without human intervention

24

while ensuring no semantic meaning is lost;

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

2

descriptive information about data such as content,

3

format, source, rights, accuracy, provenance, fre-

4

quency, periodicity, granularity, publisher or respon-

5

sible party, contact information, method of collec-

6

tion, and other descriptions;

7

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

8

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

9

made available to the public for privacy, secu-

10

rity, confidentiality, regulation, or other reasons

11

as determined by law; and

12

‘‘(B) includes data provided by contractors

13

that is protected by contract, license, patent,

14

trademark, copyright, confidentiality, regula-

15

tion, or other restriction;

16

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

17

means a data asset maintained by the Federal Gov-

18

ernment that is—

19

‘‘(A) machine-readable;

20

‘‘(B) available in an open format;

21

‘‘(C) not encumbered by restrictions that

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would impede use or reuse; and

23

‘‘(D) based on an underlying open stand-

24

ard that is maintained by a standards organiza-

25

tion;

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

2

guarantee applied to a public data asset that the

3

data asset is made available—

4

‘‘(A) at no cost to the public; and

5

‘‘(B) with no restrictions on copying, pub-

6

lishing, distributing, transmitting, citing, or

7

adapting; and

8

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

9

asset maintained by the Federal Government that—

10

‘‘(A) may be released to the public;

11

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

12

open format and is discoverable through a

13

search

14

Data.gov; or

of

Data.gov

or

any

successor

to

15

‘‘(C) is part of the worldwide public do-

16

main or, if necessary, published with an open li-

17

cense.

18 ‘‘§ 3562. Requirements for Government data
19

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

20 Government data assets made available by an agency shall
21 be published as machine-readable data.
22

‘‘(b) OPEN

BY

DEFAULT.—When not otherwise pro-

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23 hibited by law, and to the extent practicable, public data
24 assets and nonpublic data assets maintained by the Fed25 eral Government shall—
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‘‘(1) be available in an open format; and

2

‘‘(2) be available under open licenses.

3
4

‘‘(c) OPEN LICENSE
MAIN

OR

WORLDWIDE PUBLIC DO-

DEDICATION REQUIRED.—When not otherwise pro-

5 hibited by law, and to the extent practicable, open Govern6 ment data assets published by or for an agency shall be
7 made available under an open license or, if not made avail8 able under an open license and appropriately released,
9 shall be considered to be published as part of the world10 wide public domain.
11

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

12 nongovernmental organizations, citizens, nonprofit organi13 zations, colleges and universities, private and public com14 panies, and other agencies to explore opportunities to le15 verage the public data assets of the agency in a manner
16 that may provide new opportunities for innovation in the
17 public and private sectors in accordance with law and reg18 ulation.
19 ‘‘§ 3563. Enterprise data inventory
20

‘‘(a) AGENCY DATA INVENTORY REQUIRED.—

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21

‘‘(1) IN

GENERAL.—In

order to develop a clear

22

and comprehensive understanding of the data assets

23

in the possession of an agency, the head of each

24

agency, in consultation with the Director, shall de-

25

velop and maintain an enterprise data inventory (in

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this section referred to as the ‘Enterprise Data In-

2

ventory’) that accounts for any data asset created,

3

collected, under the control or direction of, or main-

4

tained by the agency after the effective date of this

5

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

6

the extent practicable.

7
8

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

9

‘‘(A) Data assets used in agency informa-

10

tion systems (including program administration,

11

statistics, and financial activity) generated by

12

applications, devices, networks, facilities, and

13

equipment, categorized by source type.

14

‘‘(B) Data assets shared or maintained

15

across agency programs and bureaus.

16

‘‘(C) Data assets that are shared among

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agencies or created by more than 1 agency.

18

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

19

that can be made publicly available under sec-

20

tion 552 of title 5 (commonly known as the

21

‘Freedom of Information Act’).

22

‘‘(E) A description of whether the agency

23

has determined that an individual data asset

24

may be made publicly available and whether the

25

data asset is available to the public.

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‘‘(F) Nonpublic data assets.

2

‘‘(G) Open Government data assets.

3

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

4 Officer of each agency shall use the standards provided
5 by the Director issued pursuant to subsection (c) to make
6 public data assets included in the Enterprise Data Inven7 tory publicly available in an open format and under an
8 open license.
9
10

‘‘(c) STANDARDS
TORY.—The

FOR

ENTERPRISE DATA INVEN-

Director shall issue standards for the Enter-

11 prise Data Inventory, including—
12

‘‘(1) a requirement that the Enterprise Data

13

Inventory include a compilation of metadata about

14

agency data assets; and

15

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

16

use in determining whether to make a particular

17

data asset publicly available in a manner that takes

18

into account—

19

‘‘(A) the expectation of confidentiality as-

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20

sociated with an individual data asset;

21

‘‘(B) security considerations, including the

22

risk that information in an individual data asset

23

in isolation does not pose a security risk but

24

when combined with other available information

25

may pose such a risk;

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

2

converting the data into a manner that could be

3

understood and used by the public;

4

‘‘(D) the expectation that all data assets

5

that would otherwise be made available under

6

section 552 of title 5 (commonly known as the

7

‘Freedom of Information Act’) be disclosed; and

8

‘‘(E) any other considerations that the Di-

9

rector determines to be relevant.

10

‘‘(d) NONPUBLIC DATA ASSETS.—Nonpublic data as-

11 sets included in the Enterprise Data Inventory may be
12 maintained in a nonpublic section of the inventory.
13
14

‘‘(e) AVAILABILITY
TORY.—The

15

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16

OF

ENTERPRISE DATA INVEN-

Chief Information Officer of each agency—

‘‘(1) shall make the Enterprise Data Inventory
available to the public on Data.gov;

17

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

18

Data Inventory and the data contained therein is

19

consistent with applicable law and regulation; and

20

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

21

that maintains a nonpublic portion of the Enterprise

22

Data Inventory.

23

‘‘(f) REGULAR UPDATES REQUIRED.—The Chief In-

24 formation Officer of each agency shall—

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‘‘(1) to the extent practicable, complete the En-

2

terprise Data Inventory for the agency not later

3

than 1 year after the date of enactment of this sec-

4

tion; and

5

‘‘(2) add additional data assets to the Enter-

6

prise Data Inventory for the agency not later than

7

90 days after the date on which the data asset is

8

created or identified.

9

‘‘(g) USE

OF

EXISTING RESOURCES.—When prac-

10 ticable, the Chief Information Officer of each agency shall
11 use existing procedures and systems to compile and pub12 lish the Enterprise Data Inventory for the agency.
13 ‘‘§ 3564. Federal agency responsibilities
14

‘‘(a) INFORMATION RESOURCES MANAGEMENT.—

15 With respect to general information resources manage-

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16 ment, each agency shall—
17

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

18

of information to all users within and outside the

19

agency by—

20

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

21

Government data asset created or obtained on

22

the date that is 1 year after the date of enact-

23

ment of this section; and

24

‘‘(B) to the extent practicable, encouraging

25

the adoption of open format for all open Gov-

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ernment data assets created or obtained before

2

the date of enactment of this section; and

3

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

4

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

5

extent practicable—

6

‘‘(A) requires the agency to develop proc-

7

esses and procedures that—

8

‘‘(i) require each new data collection

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9

mechanism to use an open format; and

10

‘‘(ii) allow the agency to collaborate

11

with non-Government entities, researchers,

12

businesses, and private citizens for the

13

purpose of understanding how data users

14

value and use open Government data as-

15

sets;

16

‘‘(B) identifies and implements methods

17

for collecting and analyzing digital information

18

on data asset usage by users within and outside

19

of the agency, including designating a point of

20

contact within the agency to assist the public

21

and to respond to quality issues, usability, rec-

22

ommendations for improvements, and com-

23

plaints about adherence to open data require-

24

ments;

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‘‘(C) develops and implements a process to

2

evaluate and improve the timeliness, complete-

3

ness, accuracy, usefulness, and availability of

4

open Government data assets;

5

‘‘(D) requires the agency to update the

6

plan at an interval determined by the Director;

7

‘‘(E) includes requirements for meeting the

8

goals of the agency open data plan including

9

technology, training for employees, and imple-

10

menting procurement standards, in accordance

11

with existing law, that allow for the acquisition

12

of innovative solutions from the public and pri-

13

vate sectors; and

14

‘‘(F) prohibits the dissemination and acci-

15

dental disclosure of nonpublic data assets.

16

‘‘(b) INFORMATION DISSEMINATION.—With respect

17 to information dissemination, each agency—
18

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19

‘‘(1) shall provide access to open Government
data assets online;

20

‘‘(2) shall take the necessary precautions to en-

21

sure that the agency maintains the production and

22

publication of data assets which are directly related

23

to activities that protect the safety of human life or

24

property, as identified by the open data plan of the

25

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

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‘‘(3) may engage the public in using open Gov-

2

ernment data assets and encourage collaboration

3

by—

4

‘‘(A) publishing information on open Gov-

5

ernment data assets usage in regular, timely in-

6

tervals, but not less than annually;

7

‘‘(B) receiving public input regarding pri-

8

orities for the analysis and disclosure of data

9

assets to be published;

10

‘‘(C) assisting civil society groups and

11

members of the public working to expand the

12

use of open Government data assets; and

13

‘‘(D)

hosting

challenges,

competitions,

14

events, or other initiatives designed to create

15

additional value from open Government data as-

16

sets.

17 ‘‘§ 3565. Additional Chief Information Officer respon18
19

sibilities

‘‘The Chief Information Officer of each agency, or

20 other appropriate official designated by the head of an

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21 agency, is responsible for—
22

‘‘(1) data asset management, format standard-

23

ization, sharing of data assets, and publication of

24

data assets for the agency;

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‘‘(2) the compilation and publication of the En-

2

terprise Data Inventory for the agency required

3

under section 3563;

4

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5

‘‘(3) ensuring that agency data conforms with
open data best practices;

6

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

7

and contractors in using open Government data as-

8

sets and encourage collaborative approaches to im-

9

proving data use;

10

‘‘(5) supporting the agency Performance Im-

11

provement Officer in generating data to support the

12

function of the Performance Improvement Officer

13

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

14

‘‘(6) reviewing the information technology infra-

15

structure of the agency and the impact of the infra-

16

structure on making data assets accessible to reduce

17

barriers that inhibit data asset accessibility;

18

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

19

the agency is maximizing its own use of data, includ-

20

ing data assets used in agency information systems

21

(including program administration, statistics, and fi-

22

nancial activity) generated by applications, devices,

23

networks, facilities, and equipment, categorized by

24

source type and such use is not otherwise prohibited,

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to reduce costs, improve operations, and strengthen

2

security and privacy protections; and

3

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

4

responsibilities related to open data use and imple-

5

mentation as required by the Director.

6 ‘‘§ 3566. Technology portal
7

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

8 General Services shall maintain a single public interface
9 online as a point of entry dedicated to sharing open Gov10 ernment data assets with the public.
11

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

12 shall determine, after consultation with the head of each
13 agency and the Administrator of General Services, the
14 method to access any open Government data assets pub15 lished through the interface described in subsection (a).’’.
16

(b) SPECIAL PROVISIONS.—

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17

(1) EFFECTIVE

DATE.—Notwithstanding

18

tion 8, section 3562 of title 44, United States Code,

19

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

20

date that is 1 year after the date of enactment of

21

this Act and shall apply with respect to any contract

22

entered into by an agency on or after such effective

23

date.

24
25

(2) USE

OF OPEN DATA ASSETS.—Not

04:24 Mar 31, 2017

later

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

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the head of each agency shall ensure that any activi-

2

ties by the agency or any new contract entered into

3

by the agency meet the requirements of section 3562

4

of title 44, United States Code, as added by sub-

5

section (a).

6

(3) DEADLINE

FOR TECHNOLOGY PORTAL.—

7

Not later than 180 days after the effective date of

8

this Act, the Administrator of General Services shall

9

meet the requirements of section 3566 of title 44,

10

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

11

(c) TECHNICAL

AND

CONFORMING AMENDMENT.—

12 The table of sections for chapter 35 of title 44, United
13 States Code, is amended by adding at the end the fol14 lowing:
‘‘SUBCHAPTER
‘‘3561.
‘‘3562.
‘‘3563.
‘‘3564.
‘‘3565.
‘‘3566.

15

III—OPEN GOVERNMENT DATA

Definitions.
Requirements for Government data.
Enterprise data inventory.
Federal agency responsibilities.
Additional Chief Information Officer responsibilities.
Technology portal.’’.

SEC. 5. EVALUATION OF AGENCY ANALYTICAL CAPABILI-

16

TIES.

17

(a) AGENCY REVIEW

OF

EVALUATION

AND

ANALYSIS

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

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19 date of enactment of this Act, the Chief Operating Officer
20 of each agency shall submit to the Committee on Home21 land Security and Governmental Affairs of the Senate, the
22 Committee on Oversight and Government Reform of the
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1 House of Representatives, and the Director of the Office
2 of Management and Budget a report on the review de3 scribed in subsection (b).
4

(b) REQUIREMENTS

OF

AGENCY REVIEW.—The re-

5 port required under subsection (a) shall assess the cov6 erage, quality, methods, effectiveness, and independence of
7 the evaluation, research, and analysis efforts of an agency,

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8 including each of the following:
9

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

10

agency that are being evaluated and analyzed and

11

the activities and operations that have been evalu-

12

ated and analyzed during the previous 5 years.

13

(2) The extent to which the evaluations, re-

14

search, and analysis efforts and related activities of

15

the agency support the needs of various divisions

16

within the agency.

17

(3) The extent to which the evaluation research

18

and analysis efforts and related activities of the

19

agency address an appropriate balance between

20

needs related to organizational learning, ongoing

21

program management, performance management,

22

strategic management, interagency and private sec-

23

tor coordination, internal and external oversight, and

24

accountability.

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(4) The extent to which the agency uses meth-

2

ods and combinations of methods that are appro-

3

priate to agency divisions and the corresponding re-

4

search questions being addressed, including an ap-

5

propriate combination of formative and summative

6

evaluation research and analysis approaches.

7

(5) The extent to which evaluation and research

8

capacity is present within the agency to include per-

9

sonnel, agency process for planning and imple-

10

menting evaluation activities, disseminating best

11

practices and findings, and incorporating employee

12

views and feedback.

13

(6) The extent to which the agency has the ca-

14

pacity to assist front-line staff and program offices

15

to develop the capacity to use evaluation research

16

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

17

operations.

18

(c) GAO REVIEW

OF

AGENCY REPORTS.—Not later

19 than 4 years after the date of enactment of this Act, the
20 Comptroller General of the United States shall submit to
21 Congress a report that summarizes agency findings and
22 highlights trends from the reports submitted pursuant to

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23 subsection (a) and, if appropriate, recommends actions to
24 further improve agency capacity to use evaluation tech25 niques and data to support evaluation efforts.
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1

SEC. 6. ONLINE REPOSITORY AND ADDITIONAL REPORTS.

2

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

3 Management and Budget shall collaborate with the Office
4 of Government Information Services and the Adminis5 trator of General Services to develop and maintain an on6 line repository of tools, best practices, and schema stand7 ards to facilitate the adoption of open data practices,
8 which shall—
9

(1) include definitions, regulation and policy,

10

checklists, and case studies related to open data, this

11

Act, and the amendments made by this Act; and

12

(2) facilitate collaboration and the adoption of

13

best practices across the Federal Government relat-

14

ing to the adoption of open data practices.

15

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

16 date of enactment of this Act, the Comptroller General
17 of the United States shall submit to the Committee on
18 Homeland Security and Governmental Affairs of the Sen19 ate and the Committee on Oversight and Government Re20 form of the House of Representatives a report that identi-

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21 fies—
22

(1) the value of information made available to

23

the public as a result of this Act and the amend-

24

ments made by this Act;

25

(2) whether it is valuable to expand the publicly

26

available information to any other data assets; and
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1

(3) the completeness of the Enterprise Data In-

2

ventory at each agency required under section 3563

3

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

4

4.

5

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

6 after the effective date of this Act, and every 2 years
7 thereafter, the Director of the Office of Management and
8 Budget shall electronically publish a report on agency per9 formance and compliance with this Act and the amend10 ments made by this Act.
11

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

12 after the effective date of this Act and every year there13 after, the Chief Information Officer of each agency shall
14 submit to the Committee on Homeland Security and Gov15 ernmental Affairs of the Senate and the Committee on
16 Homeland Security of the House of Representatives a re17 port on compliance with the requirements of this Act and
18 the amendments made by this Act, including information
19 on the requirements that the agency could not meet and
20 what the agency needs to comply with those requirements.
21

SEC. 7. RULE OF CONSTRUCTION.

22

Nothing in this Act, or the amendments made by this

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

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1 under section 552 of title 5, United States Code (com2 monly known as the ‘‘Freedom of Information Act’’).
3

SEC. 8. EFFECTIVE DATE.

4

This Act, and the amendments made by this Act,

5 shall take effect on the date that is 180 days after the
6 date of enactment of this Act.

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Æ

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