Ҥ 3561. Definitions

“As used in this subchapter—

“(1) the term ‘agency’—

“(A) has the meaning given the term in section 3502; and

“(B) includes the Federal Election Commission;

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

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

“(4) the term ‘Director’ means the Director of the Office of Management and Budget;

“(5) the term ‘Enterprise Data Inventory’ means the a data inventory developed and maintained pursuant to section 3563;

“(6) the terms ‘information resources management’, ‘information system’, and ‘information technology’ have the meanings given those terms in section 3502;

“(7) 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;

“(8) 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;

“(9) 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;

“(10) the term ‘open Government data asset’ means a data asset maintained by the Federal Government that is—

“(A) machine-readable;

“(B) available in an open format;

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

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

“(11) the term ‘open license’ means a legal guarantee applied to a public data asset that the 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

“(12) the term ‘public data asset’ means a data asset maintained by the Federal Government that—

“(A) may be released to the public;

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

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

Ҥ 3562. Requirements for Government data

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

“(b) Open by default.—When not otherwise prohibited by law, and to the extent practicable, public data assets and nonpublic data assets maintained by the Federal Government shall—

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

“(2) be available under open licenses.

“(c) Open license or worldwide public domain dedication required.—When not otherwise prohibited by law, and to the extent practicable, open 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, nonprofit organizations, colleges and universities, private and public companies, and other agencies to explore opportunities to leverage the public 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 and regulation.

Ҥ 3563. Enterprise data inventory Data Inventory

“(a) Agency data inventory required.—

“(1) IN GENERAL.—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 (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 goal of including all data assets, to the extent practicable.

“(2) CONTENTS.—The Each Enterprise Data Inventory shall include each of the following:

“(A) 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.

“(B) Data assets shared or maintained across agency programs and bureaus.

“(C) Data assets that are shared among agencies or created by more than 1 agency.

“(D) 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’).

“(E) 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.

“(F) Nonpublic data assets.

“(G) Open Government data assets.

“(b) Public availability.—The Chief Information Officer of each agency shall use the standards provided issued by the Director issued pursuant to subsection (c) to make public data assets included in the Enterprise Data Inventory of the agency publicly available in an open format and under an open license.

“(c) Standards for Enterprise Data Inventory.—The Director shall issue standards for the an Enterprise Data Inventory, including—

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

“(2) 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—

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

“(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 the data into a manner that could be understood and used by the public;

“(D) the expectation that all data assets that would otherwise be made available under section 552 of title 5 (commonly known as the ‘Freedom of Information Act’) be disclosed; and

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

“(d) Nonpublic data assets.—Nonpublic data assets included in the an Enterprise Data Inventory may be maintained in a nonpublic section of the inventory.

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

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

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

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

“(f) Regular updates required.—The Chief Information Officer of each agency shall—

“(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

“(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.

“(g) 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.

Ҥ 3564. Federal agency responsibilities

“(a) Information resources management.—With respect to general information resources management, each agency shall—

“(1) improve the integrity, quality, and utility of information to all users within and outside the agency by—

“(A) 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

“(B) to the extent practicable, encouraging the adoption of open format for all open Government data assets created or obtained before the date of enactment of this section described in subparagraph (A); and

“(2) in consultation with the Director, develop an open data plan that, at a 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 assets;

“(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 issues, recommendations for improvements, and complaints about adherence to open data requirements;

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

“(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 sectors; and

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

“(b) Information dissemination.—With respect to information dissemination, each agency—

“(1) shall provide access to open Government data assets online;

“(2) 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

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

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

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

Ҥ 3565. Additional Chief Information Officer responsibilities

“The Chief Information Officer of each agency, or other appropriate official designated by the head of an agency, is responsible for—

“(1) data asset management, format standardization, sharing of data assets, and publication of data assets for the agency;

“(2) the compilation and publication of the Enterprise Data Inventory for the agency required under section 3563;

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

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

“(5) 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;

“(6) 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;

“(7) ensuring that, to the extent practicable, the agency is maximizing its own use of data, including 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, and such use is not otherwise prohibited, to reduce costs, improve operations, and strengthen security and privacy protections; and

“(8) identifying points of contact for roles and responsibilities related to open data use and implementation as required by the Director.

Ҥ 3566. 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 assets with the public.

“(b) Coordination with agencies.—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).”.