text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Preserving Data in Government Act of 
  2017''.
  
  SEC. 2. PRESERVING GOVERNMENT DATA.
  
      (a) In General.--Subchapter I of chapter 35 of title 44, United 
  States Code, is amended--
              (1) in section 3502--
                      (A) in paragraph (13), by striking ``and'' at the 
                  end;
                      (B) in paragraph (14), by striking the period at 
                  the end and inserting a semicolon; and
                      (C) by adding at the end the following:
              ``(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.''; and
              (2) by adding at the end the following:
  ``Sec. 3522. Requirement to preserve Government data
      ``(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.
      ``(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.
              ``(2) Permanence of data after updates.--For purposes of 
          subsection (a), any alteration of the digital location, format, 
          or contents of open Government data under subparagraph (A) or 
          (B) of paragraph (1) shall not constitute a renewal of the 
          period for which the open Government data has been made 
          available to the public.
              ``(3) Record of data changes after updates.--Any 
          substantial alteration of the contents of open Government data 
          under subparagraph (A) or (B) of paragraph (1) shall be 
          recorded in a log that is made available to the public in an 
          open format along with the open Government data.
      ``(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;
                      ``(B) not less than 6 months before the date on 
                  which the agency removes the open Government data from 
                  public availability, the agency publishes a notice of 
                  the removal in the Federal Register, including--
                              ``(i) a clear identification of the open 
                          Government data;
                              ``(ii) if applicable, the digital object 
                          identifier of the open Government data;
                              ``(iii) a detailed description of the 
                          reasons for the removal; and
                              ``(iv) a detailed description of efforts to 
                          make the open Government data permanently 
                          publicly available; and
                      ``(C) the open Government data is available for 
                  download on the worldwide public domain for a period of 
                  not less than 6 months before the date on which the 
                  agency removes the open Government data from public 
                  availability.
              ``(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.''.
      (b) Technical and Conforming Amendment.--The table of sections for 
  subchapter I of chapter 35 of title 44, United States Code, is amended 
  by inserting after the item relating to section 3521 the following:
  
  ``3522. Requirement to preserve Government data.''.
target: 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.
feat_title: Preserving Data in Government Act of 2017