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         SCongressional
           *   Research Service





Sunshine Week: OPEN Government Data Act



March 19, 2021
Sunshine Week recognizes developments in transparency in government operations, as well as the
records, data, and Freedom of Information Act (FOIA; 5 U.S.C. §552) professionals involved in
processing government information. Recognition of the people's right to know what their government is
doing through access to government information can be traced back to the early days of the nation.
Multiple statutes have established processes through which the public may access government
information (e.g., FOIA, the Federal Records Act, and the Government in the Sunshine Act). The recently
enacted Open, Public, Electronic, and Necessary Government DataAct-also called the OPEN
Government Data Act (Title II of the Foundations for Evidence-Based PolicymakingAct of 2018; P.L.
115-435)-seeks to change how government information is formatted, catalogued, and presented for
public use and access. This Insight discusses transparency and access provisions of the OPEN
Government Data Act and selected issues for Congress.

Overview
The OPEN  Government Data Act (hereinafter, the Act) added new definitions of terms in government
information policy and new duties for agencies and the Office of Management and Budget (OMB). Prior
to the Act's passage, statute provided the OMB director the general authority to oversee the use of
information resources to improve the efficiency and effectiveness of governmental operations to serve
agency missions, including burden reduction and service delivery to the public and develop, coordinate
and oversee the implementation of Federal information resources management policies, principles,
standards, and guidelines. The OMB director institutionally shares information resources management
with the General Services Administration (GSA), the National Archives and Records Administration
(NARA),  and other agencies.
The Act made key changes that affect government information and transparency policy, which include:
      defining and adapting certain information policy terms to also contemplate a digital
       environment,
      calling for government information to be made open by default, and
      requiring agencies to conduct a comprehensive data inventory and facilitating the
       creation of a federal data catalogue.

                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   IN11637

CRS INSIGHT
Prepared for Membersand
Committeesof Congress

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