HHS Data Governance Board (DGB) Charter

Version #: 3.0
Date: September 2022

Changes
Introduction
Background
Purpose
Authorities
Scope
Functions
Membership
- 8.1. Voting Members
- 8.2. Non-Voting Members
Responsibilities
Administrative
Effective Date and Implementation

1. Changes

This Charter was established by the HHS Data Governance Board (DGB) in December 2020 and signed by the HHS CIO on December 3, 2020. In June 2021, the HHS Data Governance Board voted to modify and re-sign the charter to include the following agency responsibilities required by the Geospatial Data Act:

Ensure that HHS and its components fully implement the covered agency responsibilities found in the Geospatial Data Act section 759(a). (299-908-10-1 OS)

Maintain an inventory of all geospatial data assets, per section 759(b) of the Geospatial Data Act. (299-908-10-2 OS)

These changes are reflected in “Section 4. Purpose” and “Section 5. Authorities.” The change was in September 2021.

In September 2022 the HHS Data Governance Board voted to modify the charter to clarify the following:

When the HHS Secretary establishes a new OpDiv the OpDiv will automatically become a DGB voting member. No formal vote by the DGB is required to confirm the new member and the DGB charter will be updated within one week of the establishment of the new OpDiv.
Added the Administration for Strategic Preparedness and Response (ASPR) as a DGB voting member since it was designated by the HHS Secretary as an Operating Division and removed ASPR as a non-voting DGB member.
Updated the DGB voting procedures to require a fifty percent majority of the DGB members casting “Yes” or “No” votes for decisions involving the establishment or modification of strategy, policy, or other mandatory requirements.
- A quorum of 66% of DGB voting members must participate in the vote.
- DGB members will receive the request for a vote and supporting materials at least one week prior to the DGB meeting when the vote will be taken.
- Efforts will be made to take votes during the DGB meeting.
- Where electronic votes are requested, DGB members will have at least one week to provide their votes.
- Members will be offered the options of voting “Yes”, “No”, or “Abstain”
- At the end of the voting period the “Yes” and “No” votes will be totaled. The motion will be considered to be approved if the “Yes” votes equal or exceed fifty percent of the total of the “Yes” and “No” votes.
Added new procedures for the approval of DGB minutes that allow for DGB minutes to be considered approved if no updates or corrections are received by the next DGB meeting. If updates or corrections are received these will be reviewed at the DGB meeting and minutes will be considered approved if no objections to the updates are raised by voting DGB members.
Updated the charter signature line to be consistent with the current Acting Chief Data Officer (CDO).

These changes are reflected in “Section 8. Membership”, “Section 10.2 Voting” and “Section 11. Effective Date and Implementation. These changes were made in September 2022.

2. Introduction

The U.S. Department of Health and Human Services (HHS) must leverage data as a strategic asset to provide Americans with effective health and human services and by fostering sound, sustained advances in the sciences underlying medicine, public health, and social services. As a federated agency, HHS requires an enterprise data governance body to effectively manage, maintain, and use its data to support its mission. Additionally, the Foundations for Evidence-Based Policymaking Act of 2018 (“Evidence Act”) emphasizes collaboration and coordination as a means to advance data and evidence-building activities and empower data stakeholders to make decisions for which they will be held accountable.

This charter establishes the HHS Data Governance Board (DGB) as the highest data governance authority for the Department. This charter defines the purpose, objectives, authority, membership, and responsibilities of the DGB. The DGB will partner, coordinate, and integrate data management efforts across HHS, including those being performed by existing data-related governance boards such as the HHS Data Council, HHS Evidence & Evaluation Policy Council, HHS Implementation Council, and HHS Leadership Council.

3. Background

Data governance is the process of setting and enforcing priorities for managing and using data as a strategic asset.¹ The DGB has the governance authority of HHS’ critical data assets (i.e., strategic assets), including roles for developing, overseeing, and coordinating data management policy and resource allocation. The establishment of the DGB is mandated by the Evidence Act and subsequent guidance from the Office of Management and Budget (OMB) in Memoranda M-19-18, Federal Data Strategy – A Framework for Consistency,andM-19-23, Phase 1 Implementation of the Foundations for Evidence-Based Policymaking Act of 2018: Learning Agendas, Personnel, and Planning Guidance.

4. Purpose

The purpose of the DGB is to serve as the Department’s principal data governance forum and decision-making body for managing HHS’ data as a strategic asset to support HHS in meeting its mission and agency priorities, including implementation of the Evidence Act.
In accordance with OMB M-19-23, the DGB will:

Support agency priorities, such as those identified in strategic plans and learning agendas, by informing strategic information resources management plans for the agency and identifying resources to implement those priorities;
Coordinate and support implementation of data management responsibilities with agency data-management actors to strengthen strategic plans and learning agendas;
Set agency data policy in a manner that complements, but does not supplant the statutory authority of established positions; and
Coordinate implementation of the Federal Data Strategy by assessing data maturity, risks, and capabilities to recommend related data investment priorities.

In accordance with the Geospatial Data Act, the DGB will:

Ensure that HHS and its components fully implement the covered agency responsibilities found in GDA section 759(a). (299-908-10-1 OS)
Maintain an inventory of all geospatial data assets, per section 759(b) of the GDA. (299-908-10-2 OS)

The functions of the DGB are described in Section 6 of this Charter.

5. Authorities

The following laws require the need for enterprise data governance:

40 USC § 11101, 11312-11314, 11317, Clinger-Cohen Act (CCA) of 1996
5 USC § 552, Freedom of Information Act (FOIA) (Public Law 89-487)
44 USC $3501-3521, Paperwork Reduction Act of 1980 (Public Law 96-511)
E-Government Act of 2002 (Public Law 107-347)
44 USC § 3534, 3544, Federal Information Security Modernization Act (FISMA) of 2014 (Public Law 113-283)
Federal Acquisition Streamlining Act of 1995 (Public Law 103-355)
Title VIII, Subtitle D, H.R. 3979 Federal Information Technology Acquisition Reform Act (FITARA) (Public Law 113-291)
H.R. 2142 Government Performance and Results Act Modernization Act of 2010 (GPRAMA) (Public Law 111-352)
Foundations for Evidence-Based Policymaking Act (Public Law 115-435)
Executive Order 13642, Making Open and Machine Readable the New Default for Government Information
Geospatial Data Act section 759(a). (299-908-10-1 OS) and 759(b) (299-908-10-2 OS)

6. Scope

The scope of DGB’s role covers all data created, collected, acquired, maintained, shared, or disseminated by HHS, including Operating Divisions (OpDiv) and Staff Divisions (StaffDiv) governed by the Department’s regulatory purview, pursuant to relevant statute and regulation.

7. Functions

The DGB is the principal governance body for ensuring that the Department’s data are fully leveraged as a strategic asset. Specifically, the DGB will perform the following functions:

Implement goals and actions from the Federal Data Strategy as well as define approaches for achieving these goals;
Improve HHS practices related to the use, sharing, and management of agency data resources;
Promote efficient and effective use of the Department’s data assets;
Support business process reengineering, continuous process improvement, and other proven methods to achieve measurable increases in effectiveness and performance of HHS’ data management programs;
Support agency priorities, such as those identified in strategic plans and learning agendas, by informing Department Strategic Plans related to IT and data management functions, as well as identifying resources to implement these priorities; and,
Coordinate and support data management responsibilities to strengthen HHS strategic plans and learning agendas.

Through these functions, the DGB will set and foster a culture of data stewardship and use with the intent to maximize the value of data for decision-making, accountability, and the public good.

8. Membership

The DGB will be comprised of voting and non-voting members.

8.1. Voting Members

The DGB consists of the following voting members:

Chief Data Officer (CDO)
Statistical Official
Evaluation Officer
Chief Information Officer (CIO)
CDO or equivalent from the following OpDivs:
- Administration for Children and Families (ACF)
- Administration for Community Living (ACL)
- Administration for Strategic Preparedness and Response (ASPR)
- Agency for Healthcare Research and Quality (AHRQ)
- Centers for Disease Control and Prevention (CDC)
- Centers for Medicare and Medicaid Services (CMS)
- Food and Drug Administration (FDA)
- Health Resources and Services Administration (HRSA)
- Indian Health Service (IHS)
- National Institutes of Health (NIH)
- Substance Abuse and Mental Health Services Administration (SAMHSA)

When the HHS Secretary establishes a new OpDiv the OpDiv will automatically become a DGB voting member. No formal vote by the DGB is required to confirm the new member and the DGB charter will be updated within one week of the establishment of the new OpDiv.

Each OpDiv or office shall be allowed one vote. Therefore, when there are more than one voting member from the same OpDiv or office, only one of the members will be allowed to vote.

8.2. Non-Voting Members

The DGB members may invite non-members, including appropriate subject matter experts and advisors from their components, to attend a DGB meeting with the prior concurrence of the DGB Chair. Non-voting members may include the following positions and StaffDiv CDO or equivalent from the following:

Assistant Secretary for Financial Resources (ASFR)
Assistant Secretary for Planning and Evaluation (ASPE)
Chief Financial Officer (CFO)
Chief Budget Officer
Chief Information Security Officer (CISO)
General Counsel
Office of the Inspector General (OIG)
Performance Improvement Officer
Chief Freedom of Information Act Officer
Senior Agency Official for Privacy
Senior Agency Official for Records Management

The CDO will serve as the Chair of the DGB. The CDO will appoint a voting member from the OpDivs to serve as the Vice Chair of the DGB.

Changes to the DGB membership are subject to the approval of the CDO. Further structural or membership changes may occur as a result of OMB directives or applicable governing entities. The DGB Chair may also restrict meeting attendance to members-only.

9. Responsibilities

The following sub-sections outline the responsibilities of the DGB Chair, DGB Voting Members, and Office of the Chief Data Officer (OCDO).

9.1 Chair

The Chair or their designee will:

Convene the DGB on a regular basis.
Develop meeting agendas with assistance from members. The meeting agenda and relevant materials will be distributed to all members in advance to the meeting.
Conduct the meeting.
Maintain the focus on meeting topics and motivate members to actions.
Appoint a Vice Chair of the DGB that can help co-create and shape the activities of the board.

9.2. Vice Chair

The Vice Chair will:

Represent OpDiv interest.
Meet regularly with the Chair to discuss agenda, plans, and activities for the DGB.
Be filled on rotational basis.

9.3. Voting Members

Each voting member will:

Serve as a liaison for his/her OpDiv or HHS organization.
Speak on behalf of his/her OpDiv or HHS organization regarding data management and governance.
Share domain and technical expertise to the DGB.
Coordinate resources within his/her OpDiv to implement initiatives and activities tasked by the DGB.
Review meeting materials ahead of the meeting and be prepared to provide comment/feedback on materials at the upcoming meeting.
Have the ability to vote on decisions.

9.4. Office of the Chief Data Officer

The OCDO will coordinate the planning and execution of DGB meetings. The OCDO will:

Coordinate the formulation of topics, issues, and desired meeting outcomes prior to the meeting.
Provide DGB members with necessary background information in advance of topics presented at meetings.
Provide administrative support.
Record key discussion points and action items from each meeting and report on action item status at subsequent meetings.
Document attendance and minutes of all meetings.
Maintain tracking of all pertinent action items.
Distribute the minutes and action items as necessary.
Evaluate the activity and participation by members of the DGB and encourage permanent members to attend on a regular basis and in-person to the fullest extent possible.
Assist the DGB Chair to maintain the focus on meeting topics and motivate members to actions.

10. Administrative

10.1. Meeting Frequency

The DGB will meet on a regularly scheduled basis or as required by the Chair. Any DGB voting member may request that a meeting be held by contacting the Chair.

10.2. Voting

The DGB will drive to a consensus decision whenever possible. Consensus is not unanimity, but rather means that:

All DGB voting members have had the opportunity to express themselves and lay out their positions in a collegial and collaborative environment.
All DGB voting member can support the decision, even if they prefer an alternative.
The DGB will adopt the following procedures when a consensus decision cannot be reached:
- A quorum of DGB voting members must participate in the vote. A quorum is defined as two-thirds of the DGB voting members.
- An effort will be made to hold voting during the DGB meetings, if this is not possible electronic votes will be requested. For votes requested electronically, the voting period will be open for a minimum of one week. All material related to voting will be distributed at least one week prior to the DGB meeting when the vote will be taken.
- Members will be offered the options of voting “Yes”, “No”, or “Abstain”.
- At the end of the voting period the “Yes” and “No” votes will be totaled. The motion will be approved if the “Yes” votes equal or exceed fifty percent of the total of the “Yes” and “No” votes.
DGB minutes will not require a formal vote for approval. DGB minutes will be considered approved if no updates or corrections are received by the next DGB meeting. If updates or corrections are received these will be reviewed at the DGB meeting and minutes will be considered approved if no objections to the updates are raised by voting DGB members.

HHS will publish documentation related to the DGB on its data web page at https://HHS.gov/data. Documentation will include but is not limited to the charter, membership, and meeting minutes.

11. Effective Date and Implementation

This Charter becomes effective upon approval by the HHS Chief Data Officer.

Nikolaos Ipiotis
Acting Chief Data Officer

Date:

Endnotes:

¹ Data Governance Playbook: A Playbook in support of the Federal Data Strategy.