Sec. 202. OPEN GOVERNMENT DATA
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## SEC. 202 OPEN GOVERNMENT DATA ###
(a)Definitions Section 3502 of title 44, United States Code, is amended— ####
(1)in paragraph (13), by striking “; and” at the end and inserting a semicolon; ####
(2)in paragraph (14), by striking the period at the end and inserting a semicolon; and ####
(3)by adding at the end the following new paragraphs: > > #### “(15) > > the term ‘comprehensive data inventory’ means the inventory created under section 3511(a), but does not include any underlying data asset listed on the inventory; > > > #### “(16) > > the term ‘data’ means recorded information, regardless of form or the media on which the data is recorded; > > > #### “(17) > > the term ‘data asset’ means a collection of data elements or data sets that may be grouped together; > > > #### “(18) > > 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; > > > #### “(19) > > 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; > > > #### “(20) > > the term ‘open Government data asset’ means a public data asset that is— > > > ##### “(A) > > machine-readable; > > > ##### “(B) > > available (or could be made available) in an open format; > > > ##### “(C) > > not encumbered by restrictions, other than intellectual property rights, including under titles 17 and 35, that would impede the use or reuse of such asset; and > > > ##### “(D) > > based on an underlying open standard that is maintained by a standards organization; > > > #### “(21) > > the term ‘open license’ means a legal guarantee that a 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 such asset; > > > #### “(22) > > the term ‘public data asset’ means a data asset, or part thereof, maintained by the Federal Government that has been, or may be, released to the public, including any data asset, or part thereof, subject to disclosure under section 552 of title 5; and > > > #### “(23) > > 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.” > . ###
(b)Guidance to Make Data Open by Default Section 3504(b) of title 44, United States Code, is amended— ####
(1)in paragraph (4), by striking “; and” and inserting a semicolon; ####
(2)in paragraph (5), by striking the period at the end and inserting “; and”; and ####
(3)by adding at the end the following new paragraph: > > #### “(6) > > issue guidance for agencies to implement section 3506(b)(6) in a manner that takes into account— > > > ##### “(A) > > 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; > > > ##### “(B) > > 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; > > > ##### “(C) > > 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; > > > ##### “(D) > > whether the application of the requirements described in such section to a data asset could result in legal liability; > > > ##### “(E) > > a determination of whether a data asset— > > > ###### “(i) > > is subject to intellectual property rights, including rights under titles 17 and 35; > > > ###### “(ii) > > contains confidential business information, that could be withheld under section 552(b)(4) of title 5; or > > > ###### “(iii) > > is otherwise restricted by contract or other binding, written agreement; > > > ##### “(F) > > 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 > > > ##### “(G) > > any other considerations that the Director determines to be relevant.” > . ###
(c)Federal Agency Responsibilities to Make Data Open by Default ####
(1)Amendments Section 3506 of title 44, United States Code, is amended— #####
(A)in subsection (b)— ######
(i)by amending paragraph
(2)to read as follows: > > #### “(2) > > in accordance with guidance by the Director, develop and maintain a strategic information resources management plan that, to the extent practicable— > > > ##### “(A) > > describes how information resources management activities help accomplish agency missions; > > > ##### “(B) > > includes an open data plan for data that does not concern monetary policy that— > > > ###### “(i) > > requires the agency to develop processes and procedures that— > > > ###### “(I) > > 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 > > > ###### “(II) > > 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; > > > ###### “(ii) > > 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; > > > ###### “(iii) > > develops and implements a process to evaluate and improve the timeliness, completeness, consistency, accuracy, usefulness, and availability of open Government data assets; > > > ###### “(iv) > > 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; > > > ###### “(v) > > identifies as priority data assets any data asset for which disclosure would be in the public interest and establishes a plan to evaluate each priority data asset for disclosure on the Federal Data Catalogue under section 3511 and for a determination under 3511(a)(2)(A)(iii)(I)(bb), including an accounting of which priority data assets have not yet been evaluated; and > > > ###### “(vi) > > 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 > > > ##### “(C) > > is updated annually and made publicly available on the website of the agency not later than 5 days after each such update;” > ; ######
(ii)in paragraph (4), by striking “; and” and inserting a semicolon; ######
(iii)in paragraph (5), by striking the period at the end and inserting “; and”; and ######
(iv)by adding at the end the following new paragraph: > > #### “(6) > > in accordance with guidance by the Director— > > > ##### “(A) > > make each data asset of the agency available in an open format; and > > > ##### “(B) > > make each public data asset of the agency available— > > > ###### “(i) > > as an open Government data asset; and > > > ###### “(ii) > > under an open license.” > ; and #####
(B)in subsection (d)— ######
(i)in paragraph (3), by striking “and” at the end; ######
(ii)in paragraph (4), by striking the period at the end and inserting a semicolon; and ######
(iii)by adding at the end the following new paragraphs: > > #### “(5) > > ensure that any public data asset of the agency is machine-readable; and > > > #### “(6) > > engage the public in using public data assets of the agency and encourage collaboration by— > > > ##### “(A) > > 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; > > > ##### “(B) > > 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; > > > ##### “(C) > > assisting the public in expanding the use of public data assets; and > > > ##### “(D) > > hosting challenges, competitions, events, or other initiatives designed to create additional value from public data assets of the agency.” > . ####
(2)Use of open data assets **[**[44 U.S.C. 3506 note](/us/usc/t44/s3506)**]** Not later than 1 year after the date of the enactment of this Act, the head of each agency (as defined in section 3502 of title 44, United States Code) shall ensure that any activity by the agency meets the requirements of section 3506 of title 44, United States Code, as amended by this subsection. ####
(3)Effective date **[**[44 U.S.C. 3506 note](/us/usc/t44/s3506)**]** 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. ###
(d)Data Inventory and Federal Data Catalogue ####
(1)Amendment Section 3511 of title 44, United States Code, is amended to read as follows: > > ## “SEC. § 3511 Data inventory and Federal data catalogu > > > ### “(a) Comprehensive Data Inventory > > > #### “(1) In general > > In consultation with the Director and in accordance with the guidance established under paragraph (2), the head of each agency shall, to the maximum extent practicable, 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. > > > #### “(2) Guidance > > The Director shall establish guidance for agencies to develop and maintain comprehensive data inventories under paragraph (1). Such guidance shall include the following: > > > ##### “(A) > > A requirement for the head of an agency to include in the comprehensive data inventory metadata on each data asset of the agency, including, to the maximum extent practicable, the following: > > > ###### “(i) > > A description of the data asset, including all variable names and definitions. > > > ###### “(ii) > > The name or title of the data asset. > > > ###### “(iii) > > An indication of whether or not the agency— > > > ###### “(I) > > has determined or can determine if the data asset is— > > > ###### “(aa) > > an open Government data asset; > > > ###### “(bb) > > subject to disclosure or partial disclosure or exempt from disclosure under section 552 of title 5; > > > ###### “(cc) > > a public data asset eligible for disclosure under subsection (b); or > > > ###### “(dd) > > a data asset not subject to open format or open license requirements due to existing limitations or restrictions on government distribution of the asset; or > > > ###### “(II) > > as of the date of such indication, has not made such determination. > > > ###### “(iv) > > Any determination made under section 3582, if available. > > > ###### “(v) > > A description of the method by which the public may access or request access to the data asset. > > > ###### “(vi) > > The date on which the data asset was most recently updated. > > > ###### “(vii) > > Each agency responsible for maintaining the data asset. > > > ###### “(viii) > > The owner of the data asset. > > > ###### “(ix) > > To the extent practicable, any restriction on the use of the data asset. > > > ###### “(x) > > The location of the data asset. > > > ###### “(xi) > > Any other metadata necessary to make the comprehensive data inventory useful to the agency and the public, or otherwise determined useful by the Director. > > > ##### “(B) > > 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. > > > ##### “(C) > > Criteria for the head of an agency to use in determining which metadata required by subparagraph (A), if any, in the comprehensive data inventory may not be made publicly available, which shall include, at a minimum, a requirement to ensure all information that could not otherwise be withheld from disclosure under section 552 of title 5 is made public in the comprehensive data inventory. > > > ##### “(D) > > 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 comprehensive data inventory developed pursuant to subparagraph (C), including any real-time updates to such inventory, and data assets made available in accordance with subparagraph
(E)or any electronic hyperlink providing access to such data assets. > > > ##### “(E) > > 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— > > > ###### “(i) > > 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; > > > ###### “(ii) > > 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; > > > ###### “(iii) > > the cost and benefits to the public of converting the data into a format that could be understood and used by the public; > > > ###### “(iv) > > whether the public dissemination of the data asset could result in legal liability; > > > ###### “(v) > > whether the data asset— > > > ###### “(I) > > is subject to intellectual property rights, including rights under titles 17 and 35; > > > ###### “(II) > > contains confidential business information, that could be withheld under section 552(b)(4) of title 5; or > > > ###### “(III) > > is restricted by contract or other binding, written agreement; > > > ###### “(vi) > > whether the holder of a right to such data asset has been consulted; > > > ###### “(vii) > > the expectation that all data assets that would otherwise be made available under section 552 of title 5 be disclosed; and > > > ###### “(viii) > > any other considerations that the Director determines to be relevant. > > > ##### “(F) > > Criteria for the head of an agency to use in assessing the indication of a determination under subparagraph (A)(iii) and how to prioritize any such subsequent determinations in the strategic information management plan under section 3506, in consideration of the existing resources available to the agency. > > > #### “(3) Regular updates required > > 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. > > > ### “(b) Public Data Assets > > 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 maintained under subsection (c), in accordance with the guidance established under subsection (a)(2). > > > ### “(c) Federal Data Catalogue > > > #### “(1) In general > > 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, for publication and public availability on the interface. > > > #### “(2) Repository > > 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— > > > ##### “(A) > > include any definitions, regulations, policies, checklists, and case studies related to open data policy; > > > ##### “(B) > > facilitate collaboration and the adoption of best practices across the Federal Government relating to the adoption of open data practices; and > > > ##### “(C) > > be made available on the Federal data catalogue maintained under paragraph (1). > > > #### “(3) Access to other data assets > > The Director shall ensure the Federal data catalogue maintained under paragraph
(1)provides information on how the public can access a data asset included in a comprehensive data inventory under subsection
(a)that is not yet available on the Federal data catalogue, including information regarding the application process established under section 3583 of title 44. > > > ### “(d) Delegation > > 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.” > . ####
(2)Technical and conforming amendments #####
(A)Table of sections **[**[44 U.S.C. 3501](/us/usc/t44/s3501)**]** 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.”.” " #####
(B)Cross-reference 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 comprehensive data inventories and the Federal data catalogue under section 3511”. ###
(e)Chief Data Officers ####
(1)Amendment Section 3520 of title 44, United States Code, is amended to read as follows: > > ## “SEC. § 3520 Chief Data Officer > > > ### “(a) Establishment > > The head of each agency shall designate a nonpolitical appointee employee in the agency as the Chief Data Officer of the agency. > > > ### “(b) Qualifications > > The Chief Data Officer of an agency shall be designated on the basis of demonstrated training and experience in data management, governance (including creation, application, and maintenance of data standards), collection, analysis, protection, use, and dissemination, including with respect to any statistical and related techniques to protect and de-identify confidential data. > > > ### “(c) Functions > > The Chief Data Officer of an agency shall— > > > #### “(1) > > be responsible for lifecycle data management; > > > #### “(2) > > 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; > > > #### “(3) > > 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; > > > #### “(4) > > in carrying out the requirements under paragraphs
(3)and (5), consult with any statistical official of the agency (as designated under section 314 of title 5); > > > #### “(5) > > carry out the requirements of the agency under subsections
(b)through (d), (f), and
(i)of section 3506, section 3507, and section 3511; > > > #### “(6) > > ensure that, to the extent practicable, agency data conforms with data management best practices; > > > #### “(7) > > engage agency employees, the public, and contractors in using public data assets and encourage collaborative approaches on improving data use; > > > #### “(8) > > 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; > > > #### “(9) > > support the Evaluation Officer of the agency in obtaining data to carry out the functions described in section 313(d) of title 5; > > > #### “(10) > > 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; > > > #### “(11) > > 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; > > > #### “(12) > > identify points of contact for roles and responsibilities related to open data use and implementation (as required by the Director); > > > #### “(13) > > 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 > > > #### “(14) > > comply with any regulation and guidance issued under subchapter III, including the acquisition and maintenance of any required certification and training. > > > ### “(d) Delegation of Responsibilities > > > #### “(1) In general > > To the extent necessary to comply with statistical laws, the Chief Data Officer of an agency shall delegate any responsibility under subsection
(c)to the head of a statistical agency or unit (as defined in section 3561) within the agency. > > > #### “(2) Consultation > > 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. > > > #### “(3) Deference > > 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. > > > ### “(e) Reports > > 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.” > . ####
(2)Technical and conforming amendment **[**[44 U.S.C. 3501](/us/usc/t44/s3501)**]** 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.”.” " ###
(f)Chief Data Officer Council ####
(1)Amendment Subchapter I of chapter 35 of title 44, United States Code, is amended by inserting before section 3521 the following new section: > > ## “SEC. § 3520A Chief Data Officer Counci > > **[**[44 U.S.C. 3520A](/us/usc/t44/s3520A)**]** > > > ### “(a) Establishment > > There is established in the Office of Management and Budget a Chief Data Officer Council (in this section referred to as the ‘Council’). > > > ### “(b) Purpose and Functions > > The Council shall— > > > #### “(1) > > establish Governmentwide best practices for the use, protection, dissemination, and generation of data; > > > #### “(2) > > promote and encourage data sharing agreements between agencies; > > > #### “(3) > > identify ways in which agencies can improve upon the production of evidence for use in policymaking; > > > #### “(4) > > 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 > > > #### “(5) > > identify and evaluate new technology solutions for improving the collection and use of data. > > > ### “(c) Membership > > > #### “(1) In general > > The Chief Data Officer of each agency shall serve as a member of the Council. > > > #### “(2) Chair > > The Director shall select the Chair of the Council from among the members of the Council. > > > #### “(3) Additional members > > The Administrator of the Office of Electronic Government shall serve as a member of the Council. > > > #### “(4) Ex officio member > > The Director shall appoint a representative for all Chief Information Officers and Evaluation Officers, and such representative shall serve as an ex officio member of the Council. > > > ### “(d) Reports > > 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. > > > ### “(e) Evaluation and Termination > > > #### “(1) GAO evaluation of 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. > > > #### “(2) Termination of council > > The Council shall terminate and this section shall be repealed upon the expiration of the 2-year period that begins on the date the Comptroller General submits the report under paragraph
(1)to Congress.” > . ####
(2)Technical and conforming amendment **[**[44 U.S.C. 3501](/us/usc/t44/s3501)**]** 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.”.” " ###
(g)Reports ####
(1)GAO report Not later than 3 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— #####
(A)the value of information made available to the public as a result of this Act and the amendments made by this Act; #####
(B)whether the public availability of any information that has not yet been made so available would be valuable to the public; and #####
(C)the completeness of each comprehensive data inventory developed under section 3511 of title 44, United States Code, as amended by subsection (d). ####
(2)Biennial omb report **[**[44 U.S.C. 3502 note](/us/usc/t44/s3502)**]** Not later than 1 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. # TITLE III CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY
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- 44 USC 3520A
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