44 USC 3511 – Data inventory and Federal data catalogue
(a)
(1)
(2)
(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)
Terms Used In 44 USC 3511
- agency: means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include&mdash. See 44 USC 3502
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- comprehensive data inventory: means the inventory created under section 3511(a), but does not include any underlying data asset listed on the inventory. See 44 USC 3502
- Contract: A legal written agreement that becomes binding when signed.
- data: means recorded information, regardless of form or the media on which the data is recorded. See 44 USC 3502
- data asset: means a collection of data elements or data sets that may be grouped together. See 44 USC 3502
- Director: means the Director of the Office of Management and Budget. See 44 USC 3502
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- 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. See 44 USC 3502
- open Government data asset: means a public data asset that is&mdash. See 44 USC 3502
- open license: means a legal guarantee that a data asset is made available&mdash. See 44 USC 3502
- 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. See 44 USC 3502
(b)
(c)
(1)
(2)
(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)
(d)