Sec. 6012. Open Government data
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This section may be cited as the or the Open, Public, Electronic, and Necessary Government Data Act OPEN Government Data Act . 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). Chapter 35 of title 44, United States Code, is amended by adding at the end the following: As used in this subchapter— the term agency — has the meaning given the term in section 3502; and includes the Federal Election Commission; the term data means recorded information, regardless of form or the media on which the data is recorded; the term data asset means a collection of data elements or data sets that may be grouped together; the term Director means the Director of the Office of Management and Budget; the term Enterprise Data Inventory means a data inventory developed and maintained under section 3563; the terms information resources management , information system , and information technology have the meanings given those terms in section 3502; 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; 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; the term open Government data asset means a data asset maintained by the Federal Government that is— machine-readable; available in an open format; not encumbered by restrictions that would impede use or reuse; releasable to the public according to guidance issued by the Director under section 3562(d); and based on an underlying open standard that is maintained by a standards organization; and the term open license means a legal guarantee applied to a data asset that the data asset is made available— at no cost to the public; and with no restrictions on copying, publishing, distributing, transmitting, citing, or adapting.
Open Government data assets made available by an agency shall be published as machine-readable data. 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)— data assets maintained by the Federal Government shall— be available in an open format; and be available under open licenses; and open Government data assets published by or for an agency shall be made available under an open license.
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. 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— 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; 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 benefits to the public of converting a data asset into a machine-readable format that is accessible and useful to the public; 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 any other considerations that the Director determines to be relevant. 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. Each Enterprise Data Inventory shall include the following: 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. 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 known 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 available to the public. Open Government data assets. Other elements as required by the guidance issued by the Director under subsection (c). 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. 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. The Chief Information Officer of each agency— shall make the Enterprise Data Inventory of the agency available to the public on the Federal Data Catalog required under section 3566; 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 may implement paragraph
(1)in a manner that maintains a nonpublic portion of the Enterprise Data Inventory of the agency. 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. With respect to general information resources management, each agency shall— improve the integrity, quality, and utility of information to all users within and outside the agency by— 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 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 in consultation with the Director, develop an open data plan 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 assets; 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; develops and implements a process to evaluate and improve the timeliness, completeness, accuracy, usefulness, and availability of open Government data assets; 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, regulation, and policy, that allow for the acquisition of innovative solutions from the public and private sectors; and 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). With respect to information dissemination, each agency— shall provide access to open Government data assets online; 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 may engage the public in using open Government data assets and encourage collaboration by— publishing information on open Government data assets usage in regular, timely intervals, but not less frequently 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 assets; and hosting challenges, competitions, events, or other initiatives designed to create additional value from open Government data assets. 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— data asset management, format standardization, sharing of data assets, and publication of data assets for the agency; the compilation and publication of the Enterprise Data Inventory for the agency required under section 3563; ensuring that agency data conforms with open data best practices; engaging agency employees, the public, and contractors in using open Government data assets and encouraging collaborative approaches to improving data use; 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; 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; 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; 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 identifying points of contact for roles and responsibilities related to open data use and implementation as required by the Director. 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. 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). . 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. 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). 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)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. . 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). 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 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. 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. 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. 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. 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. 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. 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. 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— include definitions, regulation and policy, checklists, and case studies related to open data, this section, and the amendments made by this section; and facilitate collaboration and the adoption of best practices across the Federal Government relating to the adoption of open data practices. 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 section and the amendments made by this section; 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 3563 of title 44, United States Code, as added by subsection (c). 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. 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. 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. 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. 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 ). 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.