Sec. 7. Data inventory and planning
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Subchapter I of chapter 35 of title 44, United States Code, as amended by section 5, is amended by adding at the end the following: 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 referred to as the 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 ultimate goal of including all data assets, to the extent practicable.
The Enterprise Data Inventory shall include each of the following: Data assets used in agency information systems, including program administration, statistical, and financial activity. Data assets shared or maintained across agency programs and bureaus. Data assets that are shared among agencies or created by more than 1 agency. A clear indication of all data assets that can be made publicly available under section 552 of title 5 (commonly referred to as the Freedom of Information Act ).
A description of whether the agency has determined that an individual data asset may be made publicly available and whether the data asset is currently available to the public. Non-public data assets. Government data assets generated by applications, devices, networks, and equipment, categorized by source type. 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 Data Inventory publicly available in an open format and under an open license.
Non-public data included in the Enterprise Data Inventory may be maintained in a non-public section of the inventory. The Chief Information Officer of each agency— shall make the Enterprise Data Inventory available to the public on Data.gov; shall ensure that access to the Enterprise Data Inventory and the data contained therein is consistent with applicable law and regulation; and may implement paragraph
(1)in a manner that maintains a non-public portion of the Enterprise Data Inventory. The Chief Information Officer of each agency shall— 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 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. 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. . The table of sections for subchapter I of chapter 35 of title 44, United States Code, as amended by section 5, is amended by inserting after the item relating to section 3522 the following: 3523. Enterprise data inventory. . Section 3504(a)(1) of title 44, United States Code, is amended— in subparagraph (A), by striking ; and and inserting a semicolon; in subparagraph (B)(vi), by striking the period at the end and inserting ; and ; and by adding at the end the following: issue standards for the Enterprise Data Inventory described in section 3523, including— a requirement that the Enterprise Data Inventory include a compilation of metadata about agency data assets; and 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— the expectation of confidentiality associated with an individual data asset; 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; the cost and value to the public of converting the data into a manner that could be understood and used by the public; the expectation that all data assets that would otherwise be made available under section 552 of title 5 (commonly referred to as the Freedom of Information Act ) be disclosed; and any other considerations that the Director determines to be relevant. . Section 3506 of title 44, United States Code, is amended— in subsection (b)— in paragraph (1)(C), by striking security; and inserting the following: security by— using open format for any new Government data asset created or obtained on the date that is 1 year after the date of enactment of this clause; and to the extent practicable, encouraging the adoption of open form for all open Government data created or obtained before the date of enactment of this clause; . in paragraph (4), by striking subchapter; and and inserting subchapter and a review of each agency’s Enterprise Data Inventory described in section 3523; ; in paragraph (5), by striking the period at the end and inserting ; and ; and by adding at the end the following: 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 and to the extent practicable— requires the agency to develop processes and procedures that— require each new data collection mechanism to use an open format; and 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; 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, recommendations for improvements, and complaints about adherence to open data requirements in accordance with subsection (d)(2); develops and implements a process to evaluate and improve the timeliness, completeness, accuracy, usefulness, and availability of open Government data; requires the agency to update the plan at an interval determined by the Director; 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, that allow for the acquisition of innovative solutions from the public and private sector; and prohibits the dissemination and accidental disclosure of nonpublic data assets. ; in subsection (c), by striking With respect to and inserting Except as provided under subsection (j), with respect to ; in subsection (d)— in the matter preceding paragraph (1), by striking shall ; in paragraph (1)— in the matter preceding subparagraph (A), by inserting shall before ensure ; in subparagraph (A), by striking sources and inserting sources and uses ; and in subparagraph (C), by inserting , including providing access to open Government data online after economical manner ; in paragraph (2), by inserting shall before regularly ; in paragraph (3)— by inserting shall before provide ; and by striking ; and and inserting a semicolon; in paragraph (4)— in the matter preceding subparagraph (A), by inserting may before not ; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: 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 by subsection (b)(6); and may engage the public in using open Government data and encourage collaboration by— publishing information on open Government data usage in regular, timely intervals, but not less than annually; receiving public input regarding priorities for the analysis and disclosure of data assets to be published; assisting civil society groups and members of the public working to expand the use of open Government data; and hosting challenges, competitions, events, or other initiatives designed to create additional value from open Government data. ; and by adding at the end the following: Notwithstanding subsection (c), an agency is not required to meet the requirements of paragraphs
(2)and
(3)of such subsection if— the waiver of those requirements is approved by the head of the agency; the collection of information is— online and electronic; voluntary and there is no perceived or actual tangible benefit to the provider of the information; of an extremely low burden that is typically completed in 5 minutes or less; and focused on gathering input about the performance of, or public satisfaction with, an agency providing service; and the agency publishes representative summaries of the collection of information under subsection (c). . 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. The repository shall— include definitions, regulation and policy, checklists, and case studies related to open data, this Act, and the amendments made by this Act; and facilitate collaboration and the adoption of best practices across the Federal Government relating to the adoption of open data practices. Section 305 of title 5, United States Code, is amended— in subsection (b), by adding at the end the following: To the extent practicable, each agency shall use existing data to support such reviews if the data is accurate and complete. ; in subsection (c)— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; and by inserting after paragraph
(1)the following: determining the status of achieving the mission, goals, and objectives of the agency as described in the strategic plan of the agency published pursuant to section 306; ; and by adding at the end the following: Not later than 1 year after the date of enactment of this subsection, 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 the Open, Public, Electronic, and Necessary Government Data Act and the amendments made by that Act. . 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— the value of information made available to the public as a result of this Act and the amendments made by this Act; whether it is valuable to expand the publicly available information to any other data assets; and the completeness of the Enterprise Data Inventory at each agency required under section 3523 of title 44, United States Code, as added by this section.