Examples
Worked examples
- Is an instance
A federal science agency (e.g., NOAA) publishing bulk observational data on Data.gov in an open, machine-readable format (CSV/JSON/XML) under an open licence, as catalogued in its comprehensive data inventory under 44 U.S.C. u00a7 3511.
- Is an instance
An agency's Chief Data Officer, appointed under 44 U.S.C. u00a7 3520, reviewing a newly collected agency dataset against the Act's legal-restriction and cost-benefit exceptions before deciding whether to list it publicly as an open Government data asset.
Counter-examples
Looks similar, but isn't
- Not an instance
Research data collected by a university investigator under an NIH extramural grant is not itself an 'open Government data asset' under this Act merely because NIH funded the work u2014 the Act binds federal agencies over data they create, collect, or control; a grantee's data-sharing obligations instead run through funder policy (e.g., NIH's Data Management and Sharing Policy) and the 2022 OSTP public-access memorandum.
Editorial commentary
The OPEN Government Data Act — Title II of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-435, enacted January 14, 2019; codified at 44 U.S.C. §§ 3502, 3506, 3511–3520) — sets a government-wide default that federal agency data assets be published as open data: in a machine-readable, open, non-proprietary format and under an open licence, unless release is otherwise restricted by law (privacy, national security, confidentiality, proprietary-data, or other statutory non-disclosure provisions). “Machine-readable” is itself defined in the Act as data in a format a computer can process without human intervention and without loss of semantic meaning (44 U.S.C. § 3502(18)). The Act also codifies Data.gov in statute, requires each agency to build and maintain a comprehensive data inventory of every data asset it creates, collects, controls, or maintains (44 U.S.C. § 3511), and requires each agency to designate a non-political-appointee Chief Data Officer responsible for agency-wide data lifecycle management and open-data compliance (44 U.S.C. § 3520).
For research-administration purposes, the important operational distinction is scope: the Act binds what a federal agency itself must do with data it creates, collects, or controls — it does not, by itself, impose a data-sharing duty on an extramural grant recipient. Public access to federally funded research data (as opposed to federal agencies’ own data holdings) runs primarily through individual funder policy — for example, NIH’s 2023 Data Management and Sharing Policy — and the White House Office of Science and Technology Policy’s August 2022 public-access memorandum. Both sit alongside, and were shaped by, the OPEN Government Data Act’s open-by-default baseline for agency-held data rather than replacing it. See also CASRAI’s comparison of NIH vs. NSF data management plan requirements for how individual funders operationalise data-sharing obligations that are distinct from this Act.
References
- Public Law 115-435, Foundations for Evidence-Based Policymaking Act of 2018, Title II (OPEN Government Data Act), codified at 44 U.S.C. §§ 3502, 3506, 3511–3520 (govinfo.gov, PLAW-115publ435)
- Congressional Research Service, “The OPEN Government Data Act: A Primer,” IF12299 (congress.gov)
- The White House Office of Management and Budget, Phase 2 Implementation Guidance for the Foundations for Evidence-Based Policymaking Act of 2018 — Open Government Data Access and Management (M-25-05)
- White House Office of Science and Technology Policy, “Ensuring Free, Immediate, and Equitable Access to Federally Funded Research” memorandum (August 25, 2022)
Frequently Asked Questions
What does the OPEN Government Data Act require federal agencies to do?
It sets a government-wide default that federal agencies publish their data assets as open data — in a machine-readable, non-proprietary format under an open licence — unless disclosure is restricted by law for reasons such as privacy, national security, confidentiality, or other statutory non-disclosure provisions.
What does “machine-readable” mean under the Act?
The Act defines machine-readable data as data in a format a computer can process without human intervention and without loss of semantic meaning (44 U.S.C. § 3502(18)).
Does the OPEN Government Data Act require researchers or grant recipients to share their data?
No. The Act governs what federal agencies must do with data they themselves create, collect, or control — it does not impose a data-sharing duty on extramural grant recipients. Public access to federally funded research data instead runs primarily through individual funder policies, such as NIH’s Data Management and Sharing Policy.
What is a federal agency’s “data inventory” under the Act?
It is a comprehensive inventory each agency must build and maintain of every data asset it creates, collects, controls, or maintains, as required under 44 U.S.C. § 3511.
Who is responsible for open-data compliance at a federal agency?
Each agency must designate a Chief Data Officer — a non-political appointee — who is responsible for agency-wide data lifecycle management and open-data compliance under 44 U.S.C. § 3520.
How does the OPEN Government Data Act relate to Data.gov?
The Act codifies Data.gov in statute, formally establishing it as the government’s central catalogue for the open data agencies are required to publish.
Also known as
OPEN Government Data Act of 2018 · Open, Public, Electronic, and Necessary Government Data Act · Title II of the Evidence Act · Title II of the Foundations for Evidence-Based Policymaking Act
Machine-readable encodings
Use in your systems
<role vocab="credit"
vocab-identifier="https://casrai.org/dictionary/"
vocab-term="OPEN Government Data Act"
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"description": "A federal agency data asset falls under the OPEN Government Data Act's open-by-default requirement when it was created by, collected by, or is under the control, direction, or maintenance of a federal agency, and its public release as machine-readable data in an open format under an open licence is not otherwise restricted by law (e.g., privacy, national security, confidentiality, or other statutory non-disclosure provisions). Agencies may weigh a cost-benefit analysis before converting an asset to an open format, but the statutory default is publication, not withholding.",
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"Title II of the Evidence Act",
"Title II of the Foundations for Evidence-Based Policymaking Act"
],
"license": "https://creativecommons.org/licenses/by/4.0/",
"publisher": {
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},
"dateModified": "2026-08-15T05:20:14",
"inLanguage": "en"
}
