Sec. 202. OPEN Government Data
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/bill/115/s/2046/is/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3502 of title 44, United States Code, is amended— in paragraph (13), by striking ; and at the end and inserting a semicolon; in paragraph (14), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: 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 machine-readable , when used with respect to data, means data in a format that 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 public data asset that is— machine-readable; available (or could be made available) in an open format; not encumbered by restrictions that would impede the use or reuse of such asset; and based on an underlying open standard that is maintained by a standards organization; the term open license means a legal guarantee that a data asset is made available— at no cost to the public; and with no restrictions on copying, publishing, distributing, transmitting, citing, or adapting such asset; the term public data asset means a data asset maintained by the Federal Government that has been, or may be, released to the public, including any data asset subject to disclosure under section 552 of title 5; and the term statistical laws means subchapter III of this chapter and other laws pertaining to the protection of information collected for statistical purposes as designated by the Director. .
Section 3504(b) of title 44, United States Code, is amended— in paragraph (4), by striking ; and and inserting a semicolon; in paragraph (5), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: issue guidance for agencies to implement section 3506(b)(6) in a manner that takes into account— risks and restrictions related to the disclosure of personally identifiable information, 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; whether a data asset— is protected by intellectual property rights; contains confidential business information, that could be withheld under section 552(b)(4) of title 5; or is otherwise restricted by contract or other binding, written agreement; the requirement 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. .
Section 3506 of title 44, United States Code, is amended— in subsection (b)— by amending paragraph
(2)to read as follows: in accordance with guidance by the Director, develop and maintain a strategic information resources management plan that— describes how information resources management activities help accomplish agency missions; includes an open data plan that— requires the agency to develop processes and procedures that— require data collection mechanisms created on or after the date of the enactment of the OPEN Government Data Act to be available in an open format; and facilitate collaboration with non-Government entities (including businesses), researchers, and the public for the purpose of understanding how data users value and use 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 issues, recommendations for improvements, and complaints about adherence to open data requirements within a reasonable period of time; develops and implements a process to evaluate and improve the timeliness, completeness, consistency, accuracy, usefulness, and availability of open Government data assets; includes requirements for meeting the goals of the agency open data plan, including the acquisition of technology, provision of training for employees, and the implementation of procurement standards, in accordance with existing law, regulation, and policy, that allow for the acquisition of innovative solutions from public and private sectors; and requires the agency to comply with requirements under section 3511, including any standards established by the Director under such section, when disclosing a data asset pursuant to such section; and is updated annually and made publicly available on the website of the agency not later than five days after each such update; ; in paragraph (4), by striking ; and and inserting a semicolon; in paragraph (5), by striking the period at the end and inserting ; and ; and by adding at the end the following new paragraph: in accordance with guidance by the Director— make each data asset of the agency available in an open format and under an open license; make each public data asset of the agency available as an open Government data asset; and make each open Government data asset created by or for the agency available under an open license. ; and in subsection (d)— in paragraph (3), by striking and at the end; in paragraph (4), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: ensure that any public data asset of the agency is machine-readable; and engage the public in using public data assets of the agency and encourage collaboration by— publishing on the website of the agency, on a regular basis (not less than annually), information on the usage of such assets by non-Government users; providing the public with the opportunity to request specific data assets to be prioritized for disclosure and to provide suggestions for the development of agency criteria with respect to prioritizing data assets for disclosure; assisting the public in expanding the use of public data assets; and hosting challenges, competitions, events, or other initiatives designed to create additional value from public data assets of the agency. . Not later than 1 year after the date of the 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 3506 of title 44, United States Code, as amended by this subsection. The amendments made by this subsection shall take effect on the date that is 1 year after the date of the enactment of this Act and shall apply with respect to any contract entered into by an agency on or after such effective date. Section 3511 of title 44, United States Code, is amended to read to read as follows: In consultation with the Director and in accordance with the guidance established under paragraph (2), the head of each agency shall develop and maintain a comprehensive data inventory that accounts for all data assets created by, collected by, under the control or direction of, or maintained by the agency. The head of each agency shall ensure that such inventory provides a clear and comprehensive understanding of the data assets in the possession of the agency. The Director shall establish guidance for agencies to develop and maintain comprehensive data inventories under paragraph (1). Such guidance shall include the following: A requirement for the head of an agency to include in the comprehensive data inventory metadata on each data asset of the agency, including the following: A description of the data asset, including all variable names and definitions. The name or title of the data asset. An indication of whether the agency— has determined if the data asset is an open Government data asset, available by request under section 552 of title 5, or a public data asset eligible for disclosure under subsection (b); or as of the date of such indication, has not made such determination. Any determination made under section 3582, if available. A description of the method by which the public may access or request access to the data asset. The date on which the data asset was most recently updated. Each agency responsible for maintaining the data asset. The owner of the data asset. Any restrictions on the use of the data asset. The location of the data asset. Any other metadata necessary to make the comprehensive data inventory useful to the agency and the public, or otherwise determined useful by the Director. A requirement for the head of an agency to exclude from the comprehensive data inventory any data asset contained on a national security system, as defined in section 11103 of title 40. Criteria for the head of an agency to use in determining which information, if any, in the comprehensive data inventory shall not be made publicly available, which shall include, at a minimum, a requirement to ensure all information in the inventory that would be subject to disclosure under section 552 of title 5 is made publicly available. A requirement for the head of each agency, in accordance with a procedure established by the Director, to submit for inclusion in the Federal data catalogue maintained under subsection
(c)the data inventory developed pursuant to subparagraph (C), including any real-time updates to such inventory and data assets, or any electronic hyperlink providing access to such data assets, made available in accordance with subparagraph (E), listed on such inventory. Criteria for the head of an agency to use in determining whether a particular data asset should not be made publicly available in a manner that takes into account— risks and restrictions related to the disclosure of personally identifiable information, 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 the data into a manner that could be understood and used by the public; whether the data asset— is protected by intellectual property rights; contains confidential business information, that could be withheld under section 552(b)(4) of title 5; or is restricted by contract or other binding, written agreement; the expectation that all data assets that would otherwise be made available under section 552 of title 5 be disclosed; and any other considerations that the Director determines to be relevant. With respect to each data asset created or identified by an agency, the head of the agency shall update the comprehensive data inventory of the agency not later than 90 days after the date of such creation or identification. The head of each agency shall submit public data assets, or links to public data assets available online, as open Government data assets for inclusion in the Federal data catalogue in accordance with the guidance established in subsection (a)(2). The Administrator of General Services shall maintain a single public interface online as a point of entry dedicated to sharing agency data assets with the public which shall be known as the Federal data catalogue . The Administrator and the Director shall ensure that agencies can submit public data assets or links to public data assets to be published and made publicly available on the interface. The Director 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 across the Federal Government, which shall— include any definitions, regulations, policies, checklists, and case studies related to open data policy; facilitate collaboration and the adoption of best practices across the Federal Government relating to the adoption of open data practices; and be made available on the Federal data catalogue developed under paragraph (1). The Director shall ensure the Federal data catalogue maintained under paragraph
(1)provides information on how the public can access data assets included in the public data inventory that are not yet available on the Federal data catalogue, including information regarding the application process established under section 3583 of title 44. The Director 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. To the extent practicable, the head of each agency shall use existing procedures and systems to carry out agency requirements under this section. . The item relating to section 3511 of the table of sections at the beginning of chapter 35 of title 44, United States Code, is amended to read as follows: 3511. Data inventory and Federal data catalogue. . Section 3504(b)(2)(A) of title 44, United States Code, is amended by striking the use of the Government Information Locator Service and inserting the use of the comprehensive data inventory and Federal data catalogue described under section 3511 . Section 3520 of title 44, United States Code, is amended to read as follows: The head of each agency shall designate a career appointee (as defined in section 3132 of title 5) in the agency as the Chief Data Officer. The Chief Data Officer of an agency shall be designated on the basis of demonstrated training and experience in data management, collection, analysis, protection, use, and dissemination, including with respect to any statistical and related techniques to protect and de-identify confidential data. The Chief Data Officer of an agency may not simultaneously serve as any of the following: The Chief Financial Officer of any agency. The Chief Human Capital Officer of any agency. The Chief Acquisition Officer of any agency. The Inspector General of any agency. The Performance Improvement Officer of any agency. The Chief Data Officer of an agency shall— be responsible for lifecycle data management; coordinate with any official in the agency responsible for using, protecting, disseminating, and generating data to ensure that the data needs of the agency are met; manage data assets of the agency, including the standardization of data format, sharing of data assets, and publication of data assets in accordance with applicable law; in carrying out the requirement under paragraphs
(3)and (5), consult with any statistical official of the agency (as designated under section 315 of title 5); carry out the requirements of the agency under subsections
(b)through (d), (f), and
(i)of section 3506, section 3507, and section 3511; ensure that agency data conforms with data management best practices; engage agency employees, the public, and contractors in using public data assets and encourage collaborative approaches on improving data use; support the Performance Improvement Officer of the agency in identifying and using data to carry out the functions described in section 1124(a)(2) of title 31; support the Chief Evaluation Officer of the agency in obtaining data to carry out the functions described in section 314 of title 5; review the impact of the infrastructure of the agency on data asset accessibility and coordinate with the Chief Information Officer of the agency to improve such infrastructure to reduce barriers that inhibit data asset accessibility; ensure that, to the extent practicable, the agency maximizes the use of data in the agency, including for the production of evidence (as defined in section 3561), cybersecurity, and the improvement of agency operations; identify points of contact for roles and responsibilities related to open data use and implementation (as required by the Director); serve as the agency liaison to other agencies and the Office of Management and Budget on the best way to use existing agency data for statistical purposes (as defined in section 3561); and comply with any regulation and guidance issued under subchapter III, including the acquisition and maintenance of any required certification and training. To the extent necessary to comply with statistical laws, the Chief Data Officer of an agency shall delegate any responsibility under subsection
(d)to the head of a statistical agency or unit (as defined in section 3561) within the agency. To the extent permissible under law, the individual to whom a responsibility has been delegated under paragraph
(1)shall consult with the Chief Data Officer of the agency in carrying out such responsibility. The Chief Data Officer of the agency shall defer to the individual to whom a responsibility has been delegated under paragraph
(1)regarding the necessary delegation of such responsibility with respect to any data acquired, maintained, or disseminated by the agency under applicable statistical law. The Chief Data Officer of an agency 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 an annual report on the compliance of the agency with the requirements of this subchapter, including information on each requirement that the agency could not carry out and, if applicable, what the agency needs to carry out such requirement. . The item relating to section 3520 of the table of sections at the beginning of chapter 35 of title 44, United States Code, is amended to read as follows: 3520. Chief Data Officers. . Subchapter I of chapter 35 of title 44, United States Code, is amended by inserting before section 3521 the following new section: There is established in the Office of Management and Budget a Chief Data Officer Council (in this section referred to as the Council ). The Council shall— establish Governmentwide best practices for the use, protection, dissemination, and generation of data; promote and encourage data sharing agreements between agencies; identify ways in which agencies can improve upon the production of evidence for use in policymaking; consult with the public and engage with private users of Government data and other stakeholders on how to improve access to data assets of the Federal Government; and identify and evaluate new technology solutions for improving the collection and use of data. The Chief Data Officer of each agency shall serve as a member of the Council. The Director shall select the Chair of the Council from among the members of the Council. The Administrator of the Office of Electronic Government shall serve as a member of the Council. The Director shall appoint a representative for all Chief Information Officers and Chief Evaluation Officers, and such representative shall serve as an ex officio member of the Council. The Council shall submit to the Director, 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 biennial report on the work of the Council. Not later than 4 years after date of the enactment of this section, the Comptroller General shall submit to Congress a report on whether the additional duties of the Council improved the use of evidence and program evaluation in the Federal Government. The Council shall terminate and this section shall be repealed upon the expiration of the two-year period that begins on the date the Comptroller General submits the evaluation under paragraph
(1)to Congress. . The table of sections at the beginning of chapter 35 of title 44, United States Code, is amended by inserting before the item relating to section 3521 the following new item: 3520A. Chief Data Officer Council. . Not later than three years after the date of the 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, to the extent practicable— the value of information made available to the public as a result of this Act and the amendments made by this Act; whether the public availability of any information that has not yet been made so available would be valuable to the public; and the completeness of each comprehensive data inventory developed under section 3511 of title 44, United States Code. Not later than one year after date of the enactment of this Act, and biennially thereafter, 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 Act.