I’m chalking it up to the fact this legislation was signed during the government shutdown to explain why I missed that the OPEN Government Data Act is now law.  It was first introduced in the House of Representatives in 2017 as the Open, Public, Electronic, and Necessary (OPEN) Government Data Act, and it became Title II of Paul Ryan’s Foundations for Evidence-Based Policymaking Act that was signed January 14, 2019.

This bill requires:

  • open government data assets to be published as machine-readable data
  • each agency to develop and maintain a comprehensive data inventory for all data assets created by or collected by the agency
  • each agency to designate a Chief Data Officer who shall be responsible for lifecycle data management and other specified functions.

These terms are defined by the legislation (and will be codified in 44 USC 3502):

  • data asset: a collection of data elements or data sets that may be grouped together
  • machine-readable: data in a format that can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost
  • metadata: 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
  • open Government data asset: a public data asset that is
    • machine-readable
    • available (or could be made available) in an open format
    • 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
    • based on an underlying open standard that is maintained by a standards organization
  • open license: a legal guarantee that a data asset is made available
    • at no cost to the public
    • with no restrictions on copying, publishing, distributing, transmitting, citing, or adapting such asset

The bill also creates in the Office of Management and Budget (OMB) a Chief Data Officer Council for establishing “government-wide best practices for the use, protection, dissemination, and generation of data and for promoting data sharing agreements among agencies.”  The Government Accountability Office (GAO) is in charge of gauging compliance with this legislation as well as the value of the information made public.  It’ll be interesting to watch what metrics the GAO develops for this purpose.

The General Services Administration is responsible for maintaining the online public interface for sharing this data, which is currently Data.gov.  The OMB will work with the National Archives and Records Administration to develop and maintain a repository of tools, best practices, and standards to facilitate open data sharing.

This legislation builds on the 2013 executive order signed by President Obama, Making Open and Machine Readable the New Default for Government Information.  It will take effect in July 2019.

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