S. 2852 — what changed

changed Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code.Code (commonly known as the “Freedom of Information Act”).

Section 3502 of title 44, United States Code, is amended—

“(15) the term data means recorded information, regardless of form or the media on which the data is recorded;

“(16) the term data asset means a collection of data elements or data sets that may be grouped together;

“(17) the term Enterprise Data Inventory means the data inventory developed and maintained pursuant to section 3523;

“(18) 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;

“(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 nonpublic data asset—

“(A) means a data asset that may not be made available to the public for privacy, security, confidentiality, regulation, or other reasons as determined by law; and

“(B) includes data provided by contractors that is protected by contract, license, patent, trademark, copyright, confidentiality, regulation, or other restriction;

“(21) the term open format means a technical format based on an underlying open standard that is—

“(A) not encumbered by restrictions that would impede use or reuse; and

“(B) based on an underlying open standard that is maintained by a standards organization;

“(22) the term open Government data means a Federal Government public data asset that is—

“(A) machine-readable;

“(B) available in an open format; and

“(C) part of the worldwide public domain or, if necessary, published with an open license;

“(23) the term open license means a legal guarantee applied to a data asset that is made available to the public that such 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; and

“(24) the term public data asset means a collection of data elements or a data set maintained by the Government that—

“(A) may be released; or

“(B) has been released to the public in an open format and is discoverable through a search of Data.gov.”

“3522. Requirements for Government data

“(a) Machine-Readable data required—Government data assets made available by an agency shall be published as machine-readable data.

changed “(b) Open by default—When not otherwise prohibited by law, and to the extent practicable, Government data assets shall—

“(1) be available in an open format; and

“(2) be available under open licenses.

changed “(c) Open license or worldwide public domain dedication required—When not otherwise prohibited by law, and to the extent practicable, Government data assets published by or for an agency shall be made available under an open license or, if not made available under an open license and appropriately released, shall be considered to be published as part of the worldwide public domain.

“(d) Innovation—Each agency may engage with nongovernmental organizations, citizens, non-profit organizations, colleges and universities, private and public companies, and other agencies to explore opportunities to leverage the agency’s public data asset in a manner that may provide new opportunities for innovation in the public and private sectors in accordance with law and regulation.”

changed “(c) Coordination of Federal information resources management policy—The Federal Chief Information Officer shall work in coordination with the Administrator of the Office of Information and Regulatory Affairs shall work with the Federal Chief Information Officer and with the heads of other offices within the Office of Management and Budget to oversee and advise the Director on Federal information resources management policy.”

“(C) oversee the completeness of the Enterprise Data Inventory and the extent to which the agency is making all data collected and generated by the agency available to the public in accordance with section 3523;”

“(6) coordinate the development and review of Federal information resources management policy by the Administrator of the Office of Information and Regulatory Affairs and the Federal Chief Information Officer.”

changed “(4) “Federal Federal Chief Information Officer” Officer means the Federal Chief Information Officer of the Office of the Federal Chief Information Officer established under section 3602;”

“3523. Enterprise data inventory

changed “(a) Agency data inventory required—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:required

changed “(1) Data In general—In order to develop a clear and comprehensive understanding of the data assets used 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 information systems, after the effective date of this section, with the ultimate goal of including program administration, statistical, and financial activity.all data assets, to the extent practicable.

changed “(2) Contents—The Enterprise Data assets shared or maintained across agency programs and bureaus.Inventory shall include each of the following:

changed “(3) “(A) Data assets that are shared among agencies or created by more than 1 agency.used in agency information systems, including program administration, statistical, and financial activity.

changed “(4) A clear indication of all data “(B) Data assets that can be made publicly available under section 552 of title 5.shared or maintained across agency programs and bureaus.

changed “(5) A description of whether the agency has determined “(C) Data assets that an individual data asset may be made publicly available and whether such data asset is currently available to the public.are shared among agencies or created by more than 1 agency.

changed “(6) Nonpublic “(D) A clear indication of all data assets.assets that can be made publicly available under section 552 of title 5 (commonly referred to as the “Freedom of Information Act”).

changed “(7) Government “(E) A description of whether the agency has determined that an individual data assets generated by applications, devices, networks, asset may be made publicly available and equipment, categorized by source type.whether the data asset is currently available to the public.

added “(F) Non-public data assets.

added “(G) Government data assets generated by applications, devices, networks, and equipment, categorized by source type.

“(b) Public availability—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.

“(c) Non-Public Data—Non-public data included in the Enterprise Data Inventory may be maintained in a non-public section of the inventory.

“(d) Availability of Enterprise Data Inventory—The Chief Information Officer of each agency—

“(1) shall make the Enterprise Data Inventory available to the public on Data.gov;

added “(2) shall ensure that access to the Enterprise Data Inventory and the data contained therein is consistent with applicable law and regulation; and

removed “(2) shall ensure that access to the Enterprise Data Inventory and the data contained therein shall be consistent with applicable law and regulation; and

“(3) may implement paragraph (1) in a manner that maintains a non-public portion of the Enterprise Data Inventory.

added “(e) Regular updates required—The Chief Information Officer of each agency shall—

added “(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

added “(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.

added “(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.”

removed “(e) Regular updates required—The Chief Information Officer of each agency shall update the Enterprise Data Inventory for such agency not less than annually.

removed “(f) Use of existing resources—The Chief Information Officer of each agency shall use existing procedures and systems to compile and publish the Enterprise Data Inventory for such agency when practicable.”

“(C) issue standards for the Enterprise Data Inventory described in section 3523, including—

“(i) a requirement that the Enterprise Data Inventory include a compilation of metadata about agency data assets; and

“(ii) 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—

“(I) the expectation of confidentiality associated with an individual data asset;

“(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;

changed “(III) the cost and value to the public of converting the data into a manner that could be understood and used by the public;

changed “(IV) the expectation that all data assets that would otherwise be made available under section 552 of title 5 (commonly referred to as the Freedom “Freedom of Information Act) Act”) be disclosed; and

“(V) any other considerations that the Director determines to be relevant.”

changed “(i) using open format for any new Government data asset created or obtained on the date that is 180 days 1 year after the date of the enactment of this clause; and

changed “(ii) to the extent practicable, encouraging the adoption of open format form for all open Government data created or obtained before the date of the enactment of this clause;”

changed “(6) 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—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;

“(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, recommendations for improvements, and complaints about adherence to open data requirements in accordance with subsection (d)(2);

“(C) develops and implements a process to evaluate and improve the timeliness, completeness, accuracy, usefulness, and availability of open Government data;

“(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, that allow for the acquisition of innovative solutions from the public and private sector; and

“(F) prohibits the dissemination and accidental disclosure of nonpublic data assets.”

changed “(5) 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 property, as identified by the open data plan of the agency required by subsection (b)(6); and

“(6) may engage the public in using open Government data and encourage collaboration by—

“(A) publishing information on open Government data usage in regular, timely intervals, but not less 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; and

“(D) hosting challenges, competitions, events, or other initiatives designed to create additional value from open Government data.”

“(j) Collection of information exception—Notwithstanding subsection (c), an agency is not required to meet the requirements of paragraphs (2) and (3) of such subsection if—

changed “(1) the waiver of such those requirements is approved by the head of the agency;

“(2) the collection of information is—

“(A) online and electronic;

“(B) voluntary and there is no perceived or actual tangible benefit to the provider of the information;

changed “(C) of an extremely low burden that is typically completed in five 5 minutes or less; and

“(D) focused on gathering input about the performance of, or public satisfaction with, an agency providing service; and

“(3) the agency publishes representative summaries of the collection of information under subsection (c).”

“(2) 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;”

changed “(d) Open data compliance report—Not later than 1 year after the date of the enactment of this subsection, and every two 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.”

“3511A. Technology portal

“(a) Data.gov required—The Administrator of General Services shall maintain a single public interface online as a point of entry dedicated to sharing open Government data with the public.

“(b) Coordination with agencies—The Director of the Office of Management and Budget shall determine, after consultation with the head of each agency and the Administrator of General Services, the method to access any open Government data published through the interface described in subsection (a).”

“(4) data asset management, format standardization, sharing of data assets, and publication of data assets;

“(5) the compilation and publication of the Enterprise Data Inventory for the agency required under section 3523 of title 44;

“(6) ensuring that agency data conforms with open data best practices;

“(7) ensuring compliance with the requirements of subsections (b), (c), (d), and (f) of section 3506 of title 44;

“(8) engaging agency employees, the public, and contractors in using open Government data and encourage collaborative approaches to improving data use;

“(9) 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;

“(10) reviewing the information technology infrastructure of the agency and the impact of such infrastructure on making data assets accessible to reduce barriers that inhibit data asset accessibility;

changed “(11) ensuring that that, to the extent practicable, the agency is maximizing its own use of data, including data generated by applications, devices, networks, and equipment owned by the Government and such use is not otherwise prohibited, to reduce costs, improve operations, and strengthen security and privacy protections; and

“(12) identifying points of contact for roles and responsibilities related to open data use and implementation as required by the Director of the Office of Management and Budget.”

“(d) Additional definitions—In this section, the terms data, data asset, Enterprise Data Inventory, and open Government data have the meanings given those terms in section 3502 of title 44.”

“(8) Work with the Office of Government Information Services and the Director of the Office of Science and Technology Policy to promote data interoperability and comparability of data assets across the Government.”

changed This Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of the enactment of this Act.