[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2292 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2292
To improve the transparency of purchases by the Federal Government of
data or information that can be used to identify an individual, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2023
Mr. Peters introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To improve the transparency of purchases by the Federal Government of
data or information that can be used to identify an individual, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Purchased Data Inventory Act''.
SEC. 2. DEFINITIONS.
Section 3502 of title 44, United States Code, is amended--
(1) in paragraph (22), by striking ``; and'';
(2) in paragraph (23), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(24) the term `covered data purchase'--
``(A) means data or information, including data or
information accessed through a database, that is--
``(i) obtained by an agency in exchange for
anything of value; and
``(ii) reasonably can be used, alone or in
combination with other data or information, to
identify an individual;
``(B) does not include bulk data obtained by an
agency to be used for statistical purposes; and
``(C) does not include data obtained in exchange
for anything of value from another agency; and
``(25) the term `obtain in exchange for anything of value'
means to purchase, receive in connection with services provided
for consideration, or otherwise obtain in exchange for
considerations, including an access fee, service fee,
maintenance fee, or licensing fee.''.
SEC. 3. CHIEF DATA OFFICERS.
Section 3520 of title 44, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (13), by striking ``and'';
(B) in paragraph (14), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(15) compile the covered data purchases of the agency.'';
(2) by striking subsection (e) and inserting the following:
``(e) Reports.--The Chief Data Officer of an agency shall submit to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Accountability of the House
of Representatives--
``(1) an annual report on the compliance of the agency with
the requirements of this subchapter, including information on
each requirement that the agency could not carry out and, if
applicable, what the agency needs to carry out such
requirement; and
``(2) an annual report on the covered data purchases of the
agency described in subsection (f), which may include an annex
of any material that is properly classified pursuant to an
Executive order.''; and
(3) by adding at the end the following:
``(f) Covered Data Purchases.--
``(1) Report.--Not later than 180 days after the date of
enactment of this subsection, and annually thereafter the Chief
Data Officer of each agency shall compile a report on the
covered data purchases of each agency.
``(2) Consistency.--The Chief Data Officer Council, in
consultation with the Federal Privacy Council, or any successor
thereto, and the Chief Acquisition Officer Council, shall
provide direction to the Chief Data Officers of each agency for
consistent interpretation of this section.
``(3) Contents of report.--The report described in
paragraph (1) shall include, with respect to each covered data
purchase made by the agency during the 3-year period before the
date on which the report is submitted--
``(A) a plain language description of the purpose
of the covered data purchase, including, if applicable,
a justification for obtaining the data in exchange for
anything of value rather than acquiring the data
through other means, including through the use of
interagency data sharing, subpoena, or other process;
``(B) if applicable, the procurement instrument
identifier for the covered data purchase;
``(C) the identity of the vendor that provided the
covered data purchase;
``(D) if applicable, links to the relevant privacy
documents, including systems of records notices and
privacy impact assessments;
``(E) a plain language description of the contents
of the data contained in the covered data purchase;
``(F) the number of distinct individuals who are
reasonably linkable in the covered data purchase;
``(G) an indication of whether data contained in
the covered data purchase is reflected in the data
inventory of the agency, as required under section 3511
of title 44, United States Code; and
``(H) an indication of whether the covered data
purchase includes data, metadata, or information
relating to--
``(i) location;
``(ii) electronic device usage;
``(iii) the contents of communications of
an individual with other individuals;
``(iv) communications metadata;
``(v) network system traffic;
``(vi) web browsing history;
``(vii) social media history;
``(viii) media consumption;
``(ix) health;
``(x) purchase history;
``(xi) personal finances or credit;
``(xii) education;
``(xiii) work history;
``(xiv) interests;
``(xv) biometrics;
``(xvi) identifiable characteristics of
protected classes;
``(xvii) criminal history;
``(xviii) court records, including civil
cases; and
``(xix) the family members or friends of an
individual.
``(4) Report publication.--
``(A) In general.--Each agency shall make the
report submitted under paragraph (1) available to the
public on the website of the agency in a machine-
readable, open format and without restrictions on
reuse, except for an annex described in subparagraph
(B).
``(B) Annex.--A report under subparagraph (A) shall
include in an annex any necessary information that is
properly classified pursuant to an Executive order.''.
SEC. 4. CHIEF DATA OFFICER COUNCIL.
Section 3520A of title 44 is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) study agency data purchasing habits.''; and
(2) in subsection (d)--
(A) by inserting ``, in consultation with the
Federal Privacy Council, or any successor thereto, and
the Chief Acquisition Officer Council,'' after ``The
Council'';
(B) by striking ``the Committee on Oversight and
Government Reform of the House of Representatives'' and
inserting ``the Committee on Oversight and
Accountability of the House of Representatives''; and
(C) by inserting ``, including recommendations
specified in section 3(e) of the Purchased Data
Inventory Act'' after ``the work of the Council''.
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