II 

116TH CONGRESS 

2D SESSION S. 4500 

To amend title 44, United States Code, to preserve and protect open 

Government data assets. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2020 

Mr. PETERS (for himself and Mr. GARDNER) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend title 44, United States Code, to preserve and 

protect open Government data assets. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preserving Data in 

5 Government Act of 2020’’. 

6 SEC. 2. PRESERVING OPEN GOVERNMENT DATA ASSETS. 

7 (a) IN GENERAL.—Subchapter I of chapter 35 of title 

8 44, United States Code, is amended— 

9 (1) in section 3502— 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4500 IS

1 (A) in paragraph (22), by striking ‘‘and’’ 

2 at the end; 

3 (B) in paragraph (23), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(24) the term ‘open format’ means a technical 

7 format that is not encumbered by restrictions that 

8 would impede use or reuse.’’; and 

9 (2) by adding at the end the following: 

10 ‘‘§ 3522. Requirement to preserve open Government 

11 data assets 

12 ‘‘(a) IN GENERAL.—Except as provided under sub13 section (c), any open Government data asset that is made 

14 available to the public for a period of not less than 90 

15 consecutive days shall— 

16 ‘‘(1) remain machine-readable, available in an 

17 open format, and part of the worldwide public do18 main or, if necessary, published with an open li19 cense; and 

20 ‘‘(2) not be altered in such a way as to decrease 

21 the machine-readable nature of the open Govern22 ment data asset. 

23 ‘‘(b) ALTERATION OF DIGITAL LOCATION, FORMAT, 

24 OR CONTENT.— 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4500 IS

1 ‘‘(1) IN GENERAL.—It shall not be a violation 

2 of subsection (a) to alter— 

3 ‘‘(A) the digital location or format of any 

4 open Government data asset for the purpose of 

5 routine asset maintenance or long-term 

6 archiving if the alteration does not decrease the 

7 open public accessibility or the machine-read8 able nature of the open Government data asset; 

9 or 

10 ‘‘(B) the contents of any open Government 

11 data asset for purposes of updating the open 

12 Government data asset or correcting an error in 

13 the open Government data asset. 

14 ‘‘(2) PERMANENCE OF DATA AFTER UP15 DATES.—For purposes of subsection (a), any alter16 ation of the digital location, format, or contents of 

17 an open Government data asset under paragraph (1) 

18 shall not constitute a renewal of the period for which 

19 the open Government data asset has been made 

20 available to the public. 

21 ‘‘(3) RECORD OF DATA CHANGES AFTER UP22 DATES.—Any substantial alteration of the contents 

23 of an open Government data asset under paragraph 

24 (1) shall be recorded in a log that is made available 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4500 IS

1 to the public in an open format along with the open 

2 Government data asset. 

3 ‘‘(c) EXCEPTIONS.— 

4 ‘‘(1) CONSERVATION OF AGENCY RESOURCES.— 

5 An agency may remove an open Government data 

6 asset from public availability if— 

7 ‘‘(A) the open Government data asset is 

8 available for download on the worldwide public 

9 domain for a period of not less than 90 days 

10 before the date on which the agency removes 

11 the open Government data asset from public 

12 availability; 

13 ‘‘(B) the head of the agency determines 

14 that the open Government data asset— 

15 ‘‘(i) is too costly to maintain; or 

16 ‘‘(ii) does not provide sufficient value 

17 to the public; and 

18 ‘‘(C) not less than 6 months before the 

19 date on which the agency removes the open 

20 Government data asset from public availability, 

21 the agency publishes a notice of the removal in 

22 the Federal Register, including— 

23 ‘‘(i) a clear identification of the open 

24 Government data asset; 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4500 IS

1 ‘‘(ii) if applicable, the digital object 

2 identifier of the open Government data 

3 asset; 

4 ‘‘(iii) a detailed description of the rea5 sons for the removal; and 

6 ‘‘(iv) a detailed description of efforts 

7 to make the open Government data asset 

8 permanently publicly available. 

9 ‘‘(2) OTHER PROVISIONS OF LAW.—Subsection 

10 (a) shall not apply in the case of an open Govern11 ment data asset that is required to be removed from 

12 public availability or altered under another provision 

13 of law.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

15 The table of sections for subchapter I of chapter 35 of 

16 title 44, United States Code, is amended by inserting after 

17 the item relating to section 3521 the following: 

‘‘3522. Requirement to preserve open Government data assets.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS