S.Amdt. 506

SA 506. Mr. SCHATZ (for himself and Mr. Sasse) submitted an amendment
intended to be proposed by him to the bill H.R. 2810, to authorize
appropriations for fiscal year 2018 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. OPEN GOVERNMENT DATA.

(a) Short Title.--This section may be cited as the ``Open,
Public, Electronic, and Necessary Government Data Act'' or
the ``OPEN Government Data Act''.
(b) Definition.--In this section, the term ``agency'' has
the meaning given the term in section 3561 of title 44,
United States Code, as added by subsection (c).
(c) Open Government Data.--
(1) In general.--Chapter 35 of title 44, United States
Code, is amended by adding at the end the following:

``Subchapter III--Open Government Data

``Sec. 3561. Definitions

``As used in this subchapter--
``(1) the term `agency'--
``(A) has the meaning given the term in section 3502; and
``(B) includes the Federal Election Commission;
``(2) the term `data' means recorded information,
regardless of form or the media on which the data is
recorded;
``(3) the term `data asset' means a collection of data
elements or data sets that may be grouped together;
``(4) the term `Director' means the Director of the Office
of Management and Budget;
``(5) the term `Enterprise Data Inventory' means a data
inventory developed and maintained under section 3563;
``(6) the terms `information resources management',
`information system', and `information technology' have the
meanings given those terms in section 3502;
``(7) 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 lost;
``(8) the term `metadata' means structural or descriptive
information about data such as content, format, source,
rights, accuracy, provenance, frequency, periodicity,
granularity, publisher or responsible party, contact
information, method of collection, and other descriptions;
``(9) the term `open Government data asset' means a data
asset maintained by the Federal Government that is--
``(A) machine-readable;
``(B) available in an open format;
``(C) not encumbered by restrictions that would impede use
or reuse;
``(D) releasable to the public according to guidance issued
by the Director under section 3562(d); and
``(E) based on an underlying open standard that is
maintained by a standards organization; and
``(10) the term `open license' means a legal guarantee
applied to a data asset that the data asset is made
available--
``(A) at no cost to the public; and
``(B) with no restrictions on copying, publishing,
distributing, transmitting, citing, or adapting.

``Sec. 3562. Requirements for Government data

``(a) Machine-Readable Data Required.--Open Government data
assets made available by an agency shall be published as
machine-readable data.
``(b) Open by Default and Open License Required.--To the
extent permitted by law and subject to privacy,
confidentiality, security, and any other restrictions, and
according to guidance issued by the Director under subsection
(d)--
``(1) data assets maintained by the Federal Government
shall--
``(A) be available in an open format; and
``(B) be available under open licenses; and
``(2) open Government data assets published by or for an
agency shall be made available under an open license.
``(c) Innovation.--Each agency may engage with
nongovernmental organizations, citizens, nonprofit
organizations, colleges and universities, private and public
companies, and other agencies to explore opportunities to
leverage the 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, regulation, and
policy.
``(d) Guidance for Open by Default and Open License
Requirements.--The Director shall issue guidance for agencies
to use in implementing subsections (a) and (b), including
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--
``(1) privacy and confidentiality risks and restrictions,
including the risk that an individual data asset in isolation
does not pose a privacy or confidentiality risk but when
combined with other available information may pose such a
risk;
``(2) 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;
``(3) the cost and benefits to the public of converting a
data asset into a machine-readable format that is accessible
and useful to the public;
``(4) the expectation that a data asset be disclosed, if it
would otherwise be made available under section 552 of title
5 (commonly known as the `Freedom of Information Act'); and
``(5) any other considerations that the Director determines
to be relevant.

``Sec. 3563. Enterprise Data Inventory

``(a) Agency Data Inventory Required.--
``(1) In general.--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, shall develop and maintain an
enterprise data inventory that accounts for any data asset
created, collected, under the control or direction of, or
maintained by the agency after the effective date of this
section, with the goal of including all data assets, to the
extent practicable.
``(2) Contents.--Each Enterprise Data Inventory shall
include the following:
``(A) Data assets used in agency information systems
(including program administration, statistics, and financial
activity) generated by applications, devices, networks,
facilities, and equipment, categorized by source type.
``(B) Data assets shared or maintained across agency
programs and bureaus.
``(C) Data assets that are shared among agencies or created
by more than 1 agency.
``(D) A clear indication of all data assets that can be
made publicly available under section 552 of title 5
(commonly known as the `Freedom of Information Act').

[[Page S4520]]

``(E) 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 public.
``(F) Open Government data assets.
``(G) Other elements as required by the guidance issued by
the Director under subsection (c).
``(b) Public Availability.--The Chief Information Officer
of each agency, in coordination with privacy and security
officials of the agency, shall use the guidance issued by the
Director under section 3562(d) in determining whether to make
data assets included in the Enterprise Data Inventory of the
agency publicly available in an open format and under an open
license.
``(c) Guidance for Enterprise Data Inventory.--The Director
shall issue guidance for each Enterprise Data Inventory,
including a requirement that an Enterprise Data Inventory
includes a compilation of metadata about agency data assets.
``(d) Availability of Enterprise Data Inventory.--The Chief
Information Officer of each agency--
``(1) shall make the Enterprise Data Inventory of the
agency available to the public on the Federal Data Catalog
required under section 3566;
``(2) shall ensure that access to the Enterprise Data
Inventory of the agency and the data contained therein is
consistent with applicable law, regulation, and policy; and
``(3) may implement paragraph (1) in a manner that
maintains a nonpublic portion of the Enterprise Data
Inventory of the agency.
``(e) Regular Updates Required.--The Chief Information
Officer of each agency shall--
``(1) to the extent practicable, complete the Enterprise
Data Inventory for the agency not later than 1 year after the
date of enactment of this section; and
``(2) add additional data assets to the Enterprise Data
Inventory for the agency not later than 90 days after the
date on which the data asset is created or identified.
``(f) Use of Existing Resources.--When practicable, the
Chief Information Officer of each agency shall use existing
procedures and systems to compile and publish the Enterprise
Data Inventory for the agency.

``Sec. 3564. Federal agency responsibilities

``(a) Information Resources Management.--With respect to
general information resources management, each agency shall--
``(1) improve the integrity, quality, and utility of
information to all users within and outside the agency by--
``(A) using open format for any new open Government data
asset created or obtained on or after the date that is 1 year
after the date of enactment of this section; and
``(B) to the extent practicable, encouraging the adoption
of open format for all open Government data assets created or
obtained before the date described in subparagraph (A); and
``(2) in consultation with the Director, develop an open
data plan that, at a minimum and to the extent practicable--
``(A) requires the agency to develop processes and
procedures that--
``(i) require each new data collection mechanism to use an
open format; and
``(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 assets;
``(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 issues,
recommendations for improvements, and complaints about
adherence to open data requirements;
``(C) develops and implements a process to evaluate and
improve the timeliness, completeness, accuracy, usefulness,
and availability of open Government data assets;
``(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 implementing procurement standards, in
accordance with existing law, regulation, and policy, that
allow for the acquisition of innovative solutions from the
public and private sectors; and
``(F) prohibits the disclosure of data assets unless the
data asset may be released to the public in accordance with
guidance issued by the Director under section 3562(d).
``(b) Information Dissemination.--With respect to
information dissemination, each agency--
``(1) shall provide access to open Government data assets
online;
``(2) 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 property, as identified by the
open data plan of the agency required under subsection
(a)(2); and
``(3) may engage the public in using open Government data
assets and encourage collaboration by--
``(A) publishing information on open Government data assets
usage in regular, timely intervals, but not less frequently
than annually;
``(B) receiving public input regarding priorities 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
assets; and
``(D) hosting challenges, competitions, events, or other
initiatives designed to create additional value from open
Government data assets.

``Sec. 3565. Additional agency data asset management
responsibilities

``The Chief Information Officer of each agency, or other
appropriate official designated by the head of an agency, in
collaboration with other internal agency stakeholders, is
responsible for--
``(1) data asset management, format standardization,
sharing of data assets, and publication of data assets for
the agency;
``(2) the compilation and publication of the Enterprise
Data Inventory for the agency required under section 3563;
``(3) ensuring that agency data conforms with open data
best practices;
``(4) engaging agency employees, the public, and
contractors in using open Government data assets and
encouraging collaborative approaches to improving data use;
``(5) supporting the agency Performance Improvement Officer
in generating data to support the function of the Performance
Improvement Officer described in section 1124(a)(2) of title
31;
``(6) supporting officials responsible for leading agency
mission areas and Governmentwide initiatives in maximizing
data available for program administration, statistics,
evaluation, research, and internal financial management,
subject to any privacy, confidentiality, security laws and
policies, and other valid restrictions;
``(7) 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 accessibility;
``(8) ensuring that, to the extent practicable, the agency
is maximizing data assets used in agency information systems
generated by applications, devices, networks, facilities, and
equipment, categorized by source type, and such use is not
otherwise prohibited, to reduce costs, improve operations,
and strengthen security and privacy protections; and
``(9) identifying points of contact for roles and
responsibilities related to open data use and implementation
as required by the Director.

``Sec. 3566. Federal Data Catalog

``(a) Federal Data Catalog Required.--The Administrator of
General Services shall maintain a single public interface
online, to be known as the `Federal Data Catalog', as a point
of entry dedicated to sharing open Government data assets
with the public.
``(b) Coordination With Agencies.--The Director shall
determine, after consultation with the head of each agency
and the Administrator of General Services, the method to
access any open Government data assets published through the
interface described in subsection (a).''.
(2) Special provisions.--
(A) Effective date.--Notwithstanding subsection (i),
section 3562 of title 44, United States Code, as added by
paragraph (1), shall take effect on the date that is 1 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 date.
(B) Use of open data assets.--Not later than 1 year after
the date of enactment of this Act, 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 3562 of title 44, United States Code, as added by
paragraph (1).
(C) Deadline for federal data catalog.--Not later than 180
days after the effective date of this section, the
Administrator of General Services shall meet the requirements
of section 3566 of title 44, United States Code, as added by
paragraph (1)
(3) Technical and conforming amendment.--The table of
sections for chapter 35 of title 44, United States Code, is
amended by adding at the end the following:

``subchapter iii--open government data

``3561. Definitions.
``3562. Requirements for Government data.
``3563. Enterprise Data Inventory.
``3564. Federal agency responsibilities.
``3565. Additional agency data asset management responsibilities.
``3566. Federal Data Catalog.''.
(d) Evaluation of Agency Analytical Capabilities.--
(1) Agency review of evaluation and analysis capabilities;
report.--Not later than 3 years after the date of enactment
of this Act, the Chief Operating Officer of each agency shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Director of the Office of Management and Budget a report on
the review described in paragraph (2).
(2) Requirements of agency review.--The report required
under paragraph (1) shall assess the coverage, quality,
methods, effectiveness, and independence of the evaluation,
research, and analysis efforts of an agency, including each
of the following:
(A) 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 5 years.

[[Page S4521]]

(B) The extent to which the evaluations, research, and
analysis efforts and related activities of the agency support
the needs of various divisions within the agency.
(C) 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 learning, ongoing program management,
performance management, strategic management, interagency 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 corresponding research questions being
addressed, including an appropriate combination of formative
and summative evaluation research and analysis approaches.
(E) The extent to which evaluation and research capacity is
present within the agency to include personnel, agency
process for planning and implementing evaluation activities,
disseminating best practices and findings, and incorporating
employee views and feedback.
(F) 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 operations.
(3) GAO review of agency reports.--Not later than 4 years
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report that summarizes agency findings and highlights trends
from the reports submitted under paragraph (1) and, if
appropriate, recommends actions to further improve agency
capacity to use evaluation techniques and data to support
evaluation efforts.
(e) Online Repository and Additional Reports.--
(1) 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
tools, best practices, and schema standards to facilitate the
adoption of open data practices, which shall--
(A) include definitions, regulation and policy, checklists,
and case studies related to open data, this section, and the
amendments made by this section; and
(B) facilitate collaboration and the adoption of best
practices across the Federal Government relating to the
adoption of open data practices.
(2) GAO report.--Not later than 3 years after the date of
enactment of this Act, 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--
(A) the value of information made available to the public
as a result of this section and the amendments made by this
section;
(B) whether it is valuable to expand the publicly available
information to any other data assets; and
(C) the completeness of the Enterprise Data Inventory at
each agency required under section 3563 of title 44, United
States Code, as added by subsection (c).
(3) Biennial omb report.--Not later than 1 year after the
effective date of this section, and every 2 years thereafter,
the Director of the Office of Management and Budget shall
electronically publish a report on agency performance and
compliance with this section and the amendments made by this
section.
(4) Agency cio report.--Not later than 1 year after the
effective date of this section and every year thereafter, 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 section and the amendments made by this
section, including information on the requirements that the
agency could not meet and what the agency needs to comply
with those requirements.
(f) Guidance.--The Director of the Office of Management and
Budget shall delegate to the Administrator of the Office of
Information and Regulatory Affairs and the Administrator of
the Office of Electronic Government the authority to jointly
issue guidance required under this section.
(g) National Security Systems.--This section and the
amendments made by this section shall not apply to data
assets that are contained in a national security system, as
defined in section 11103 of title 40, United States Code.
(h) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to
require the disclosure of information or records that may be
withheld from public disclosure under any provision of
Federal law, including section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information Act'')
and section 552a of title 5, United States Code (commonly
known as the ``Privacy Act of 1974'').
(i) Effective Date.--This section, and the amendments made
by this section, shall take effect on the date that is 180
days after the date of enactment of this Act.
______