S 960 — Preserving Data in Government Act of 2017

Summary

Preserving Data in Government Act of 2017 This bill requires that any open government data that is made available to the public for at least 90 consecutive days must: (1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, be published with an open license; and (2) not be altered in such a way as to decrease its machine-readable nature. It shall not be a violation of such requirement to alter: (1) the digital location or format of open government data for routine asset maintenance or long-term archiving if such alteration does not decrease the open public accessibility or the machine-readable nature of the data, or (2) the contents of such data to update it or correct an error. Any substantial alteration of the data's contents shall be recorded in a log that is made available to the public in an open format along with the data. An agency may remove such data from public availability if: the agency determines that the data is too costly to maintain or does not provide sufficient value to the public, the agency publishes specified notice at least six months in advance of such removal, and the data is available for download on the worldwide public domain for at least six months before such removal. This bill shall not apply to such data that is required to be removed from public availability or altered under another provision of law.

Bill Text

• Introduced Introduced in Senate Current html April 27, 2017

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes requirements for the preservation and accessibility of open government data.

• 44 U.S.C. 3502

  (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 `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; (18) the term `open format' means a technical format that is not encumbered by restrictions that would impede use or reuse; (19) the term `open Government data' means a 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; and (20) the term `public data asset' means a data asset created or maintained by an agency, or a contractor of an agency, that-- (A) is not protected under copyright or patent laws; and (B)(i) may be released to the public; or (ii) has been released to the public in an open format.

  This adds definitions for various terms related to data and its accessibility.

• 44 U.S.C. 3502

  Sec. 3522. Requirement to preserve Government data

  This creates a new section that outlines requirements for preserving open government data.

• 44 U.S.C. 3522

  (a) In General.--Except as provided under subsection (c), any open Government data that is made available to the public for a period of not less than 90 consecutive days shall-- (1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, published with an open license; and (2) not be altered in such a way as to decrease the machine-readable nature of the open Government data.

  This mandates that open government data remains accessible and in a usable format for at least 90 days.

• 44 U.S.C. 3522

  (b) Alteration of Digital Location, Format, or Content.-- (1) In general.--It shall not be a violation of subsection (a) to alter-- (A) the digital location or format of open Government data for the purpose of routine asset maintenance or long-term archiving if the alteration does not decrease the open public accessibility or the machine-readable nature of the open Government data; or (B) the contents of open Government data for purposes of updating the open Government data or correcting an error in the open Government data.

  This allows for certain alterations to open government data without violating accessibility requirements.

• 44 U.S.C. 3522

  (c) Exceptions.-- (1) Conservation of agency resources.--An agency may remove open Government data from public availability if-- (A) the head of the agency determines that the open Government data-- (i) is too costly to maintain; or (ii) does not provide sufficient value to the public; ...

  This provides conditions under which an agency may remove open government data from public availability.

• 44 U.S.C. 3522

  (2) Other provisions of law.--Subsection (a) shall not apply in the case of open Government data that is required to be removed from public availability or altered under another provision of law.

  This states that the preservation requirement does not apply if another law dictates the removal or alteration of data.

• 44 U.S.C. 3522

  (3) Record of data changes after updates.--Any substantial alteration of the contents of open Government data ... shall be recorded in a log that is made available to the public in an open format along with the open Government data.

  This requires all significant changes to open government data to be publicly recorded.

Action History

1. April 27, 2017

   Introduced in Senate

2. April 27, 2017

   Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Sponsors

• Cory Gardner · Cosponsor
• Margaret Wood Hassan · Cosponsor
• Steve Daines · Cosponsor
• Gary C. Peters · Primary

Subjects