43 U.S.C. § 2808 — Covered agency responsibilities

Page 656 TITLE 43—PUBLIC LANDS § 2807 (B) after consultation with a broad range of data users and providers; (2) to the maximum extent possible, use na- tional and international standards adopted by voluntary standards consensus bodies; and (3) establish new standards only to the ex- tent standards described in paragraph (2) do not exist. (c) Exclusion The Secretary of the Interior shall withhold from public disclosure any information the dis- closure of which reasonably could be expected to cause damage to the national interest, security, or defense of the United States, including infor- mation relating to geospatial intelligence data activities, as determined in consultation with the Director of National Intelligence. (Pub. L. 115–254, div. B, title VII, § 757, Oct. 5, 2018, 132 Stat. 3423.) Editorial Notes REFERENCES IN TEXT Section 216 of the E-Government Act of 2002, referred to in subsec. (a), is section 216 of Pub. L. 107–347, which is set out in a note under section 3501 of Title 44, Public Printing and Documents. § 2807. Geoplatform (a) In general The Committee shall operate an electronic service that provides access to geospatial data and metadata for geospatial data to the general public, to be known as the GeoPlatform. (b) Implementation (1) In general The GeoPlatform— (A) shall— (i) be available through the internet and other communications means; (ii) be accessible through a common interface; (iii) include metadata for all geospatial data collected by covered agencies, di- rectly or indirectly; (iv) include download access to all open geospatial data directly or indirectly col- lected by covered agencies; and (v) include a set of programming instruc- tions and standards providing an auto- mated means of accessing available geospatial data, which— (I) harmonize sources and data stand- ards associated with geospatial data, in- cluding metadata; and (II) to the maximum extent prac- ticable, as determined by the Chair- person of the Committee, shall be made publicly available; (B) may include geospatial data from a source other than a covered agency, if deter- mined appropriate by the Committee; and (C) shall not store or serve proprietary in- formation or data acquired under a license by the Federal Government, unless author- ized by the data provider. (2) Managing partner The Chairperson of the Committee shall des- ignate an agency to serve as the managing partner for developing and operating the GeoPlatform, taking direction from the Com- mittee on the scope, functionality, and per- formance of the GeoPlatform. (c) Clarification Although the GeoPlatform is intended to in- clude all National Geospatial Data Asset and other Federal datasets, nothing in this chapter shall be construed to prevent a covered agency from also presenting, providing, or dissemi- nating data that is— (1) specific to the functions of the covered agency; or (2) targeted to information consumers that directly interface with the services, portals, or other mechanisms of the covered agency. (Pub. L. 115–254, div. B, title VII, § 758, Oct. 5, 2018, 132 Stat. 3424.) § 2808. Covered agency responsibilities (a) In general Each covered agency shall— (1) prepare, maintain, publish, and imple- ment a strategy for advancing geographic in- formation and related geospatial data and ac- tivities appropriate to the mission of the cov- ered agency, in support of the strategic plan for the National Spatial Data Infrastructure prepared under section 2804(c) of this title; (2) collect, maintain, disseminate, and pre- serve geospatial data such that the resulting data, information, or products can be readily shared with other Federal agencies and non- Federal users; (3) promote the integration of geospatial data from all sources; (4) ensure that data information products and other records created in geospatial data and activities are included on agency record schedules that have been approved by the Na- tional Archives and Records Administration; (5) allocate resources to fulfill the respon- sibilities of effective geospatial data collec- tion, production, and stewardship with regard to related activities of the covered agency, and as necessary to support the activities of the Committee; (6) use the geospatial data standards, includ- ing the standards for metadata for geospatial data, and other appropriate standards, includ- ing documenting geospatial data with the rel- evant metadata and making metadata avail- able through the GeoPlatform; (7) coordinate and work in partnership with other Federal agencies, agencies of State, trib- al, and local governments, institutions of higher education, and the private sector to ef- ficiently and cost-effectively collect, inte- grate, maintain, disseminate, and preserve geospatial data, building upon existing non- Federal geospatial data to the extent possible; (8) use geospatial information to— (A) make Federal geospatial information and services more useful to the public; (B) enhance operations; (C) support decision making; and (D) enhance reporting to the public and to Congress; (9) protect personal privacy and maintain confidentiality in accordance with Federal policy and law; Page 657 TITLE 43—PUBLIC LANDS § 2809 (10) participate in determining, when appli- cable, whether declassified data can con- tribute to and become a part of the National Spatial Data Infrastructure; (11) search all sources, including the GeoPlatform, to determine if existing Federal, State, local, or private geospatial data meets the needs of the covered agency before expend- ing funds for geospatial data collection; (12) to the maximum extent practicable, en- sure that a person receiving Federal funds for geospatial data collection provides high-qual- ity data; and (13) appoint a contact to coordinate with the lead covered agencies for collection, acquisi- tion, maintenance, and dissemination of the National Geospatial Data Asset data themes used by the covered agency. (b) Reporting (1) In general Each covered agency shall submit to the Committee an annual report regarding the achievements of the covered agency in pre- paring and implementing the strategy de- scribed in subsection (a)(1) and complying with the other requirements under subsection (a). (2) Budget submission Each covered agency shall— (A) include geospatial data in preparing the budget submission of the covered agency to the President under sections 1105(a) and 1108 of title 31; (B) maintain an inventory of all geospatial data assets in accordance with OMB Circular A–130, or any successor thereto; and (C) prepare an annual report to Congress identifying Federal-wide geospatial data as- sets, as defined in OMB Circular A–16, as set forth in OMB memo M–11–03, Issuance of OMB Circular A–16 Supplemental Guidance (November 10, 2010), or any successor there- to. (3) Disclosure Each covered agency shall disclose each con- tract, cooperative agreement, grant, or other transaction that deals with geospatial data, which may include posting information relat- ing to the contract, cooperative agreement, grant, or other transaction on www.USAspending.gov and www.itdashboard.gov, or any successors there- to. (4) OMB review In reviewing the annual budget justifica- tions submitted by covered agencies, the Of- fice of Management and Budget shall take into consideration the summary and evaluations required under subparagraphs (A) and (B) of section 2802(c)(10) of this title, comments, and replies to comments as required under para- graphs (11) and (12) of section 2802(c) of this title, in its annual evaluation of the budget justification of each covered agency. (5) Reporting The Office of Management and Budget shall include a discussion of the summaries and evaluation of the progress in establishing the National Spatial Data Infrastructure in each E-Government status report submitted under section 3606 of title 44. (c) Audits Not less than once every 2 years, the inspector general of a covered agency (or senior ethics of- ficial of the covered agency for a covered agency without an inspector general) shall submit to Congress an audit of the collection, production, acquisition, maintenance, distribution, use, and preservation of geospatial data by the covered agency, which shall include a review of— (1) the compliance of the covered agency with the standards for geospatial data, includ- ing metadata for geospatial data, established under section 2806 of this title; (2) the compliance of the covered agency with the requirements under subsection (a); and (3) the compliance of the covered agency on the limitation on the use of Federal funds under section 2809 of this title. (Pub. L. 115–254, div. B, title VII, § 759, Oct. 5, 2018, 132 Stat. 3425.) § 2809. Limitation on use of Federal funds (a) Definition In this section, the term ‘‘implementation date’’ means the date that is 5 years after the date on which standards for each National Geospatial Data Asset data theme are estab- lished under section 2806 of this title. (b) Limitation Except as provided otherwise in this section, on and after the implementation date, a covered agency may not use Federal funds for the collec- tion, production, acquisition, maintenance, or dissemination of geospatial data that does not comply with the applicable standards estab- lished under section 2806 of this title, as deter- mined by the Committee. (c) Exception for existing geospatial data On and after the implementation date, a cov- ered agency may use Federal funds to maintain and disseminate geospatial data that does not comply with the applicable standards estab- lished under section 2806 of this title if the geospatial data was collected, produced, or ac- quired by the covered agency before the imple- mentation date. (d) Waiver (1) In general The Chairperson of the Committee may grant a waiver of the limitation under sub- section (b), upon a request from a covered agency submitted in accordance with para- graph (2). (2) Requirements A request for a waiver under paragraph (1) shall— (A) be submitted not later than 30 days be- fore the implementation date; (B) provide a detailed explanation of the reasons for seeking a waiver; (C) provide a detailed plan to achieve com- pliance with the applicable standards estab- lished under section 2806 of this title; and