The Biden administration on Jan. 15 released guidance to Federal agencies on implementing the OPEN Government Data Act – six years after the law went into effect.
The Office of Management and Budget (OMB) published guidance for agencies to follow in making their data accessible, machine-readable by default, and contained within a consolidated online Federal catalogue, per the Foundations for Evidence-Based Policymaking Act signed in January 2019 by President Trump.
The OPEN Government Data Act is part of the bipartisan Evidence Act which requires agencies to make evidence-based decisions and ensure that their data is accessible. While OMB had issued guidance for parts of the Evidence Act in 2021, it hadn’t given agencies instructions on how to implement the OPEN Government Data Act.
A Government Accountability Office (GAO) report in 2021 said the delay in issuing guidance was due to the transition to the Biden administration, and the COVID-19 pandemic. In a letter last August listing open priorities for OMB, GAO reiterated the urgency of issuing the guidance, calling it “critical” for agencies to comply with the OPEN Government Data Act.
“Public access to open Government data assets can help facilitate transparency and accountability, build trust and credibility, increase civic participation and community engagement, promote innovation and collaboration with the private sector and academia, improve the efficiency and effectiveness of government operations, and inform evidence-building activities and data-driven decision making,” reads OMB’s memo.
The guidance includes nine deliverables which are set to either be completed within 180 days of the guidance’s issuance or by Sept. 30, 2026.
Other provisions of the law include designating chief data officers and establishing the governmentwide Chief Data Officer Council (CDO Council). In a second memo published on Wednesday, OMB also reestablished the CDO Council after the statute backing it up expired last month.
The memos from the White House follow additional final pushes on data guidance, including guidance published by OMB earlier this week for data centers.
