[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7132-S7135]
OPEN GOVERNMENT DATA ACT
Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 718, S. 2852.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2852) to expand the Government's use and
administration of data to facilitate transparency, effective
governance, and innovation, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs, with an amendment to strike all after the
enacting clause and insert in lieu thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Open,
Public, Electronic, and Necessary Government Data Act'' or
the ``OPEN Government Data Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; agency defined.
Sec. 3. Rule of construction.
Sec. 4. Federal information policy definitions.
Sec. 5. Requirement for making open and machine-readable the default
for Government data.
Sec. 6. Responsibilities of the Office of Electronic Government.
Sec. 7. Data inventory and planning.
Sec. 8. Technology portal.
Sec. 9. Enhanced responsibilities for chief information officers and
chief information officers council duties.
Sec. 10. Evaluation of agency analytical capabilities.
Sec. 11. Effective date.
SEC. 2. FINDINGS; AGENCY DEFINED.
(a) Findings.--Congress finds the following:
(1) Federal Government data is a valuable national
resource. Managing Federal Government data to make it open,
available, discoverable, and useable to the general public,
businesses, journalists, academics, and advocates promotes
efficiency and effectiveness in Government, creates economic
opportunities, promotes scientific discovery, and most
importantly, strengthens our democracy.
(2) Maximizing the usefulness of Federal Government data
that is appropriate for release rests upon making it readily
available, discoverable, and usable--in a word: open.
Information presumptively should be available to the general
public unless the Federal Government reasonably foresees that
disclosure could harm a specific, articulable interest
protected by law or the Federal Government is otherwise
expressly prohibited from releasing such data due to
statutory requirements.
(3) The Federal Government has the responsibility to be
transparent and accountable to its citizens.
(4) Data controlled, collected, or created by the Federal
Government should be originated, transmitted, and published
in modern, open, and electronic format, to be as readily
accessible as possible, consistent with data standards imbued
with authority under this Act and to the extent permitted by
law.
(5) The effort to inventory Government data will have
additional benefits, including identifying opportunities
within agencies to reduce waste, increase efficiencies, and
save taxpayer dollars. As such, this effort should involve
many types of data, including data generated by applications,
devices, networks, and equipment, which can be harnessed to
improve operations, lower energy consumption, reduce costs,
and strengthen security.
(6) Communication, commerce, and data transcend national
borders. Global access to Government information is often
essential to promoting innovation, scientific discovery,
entrepreneurship, education, and the general welfare.
(b) Agency Defined.--In this Act, the term ``agency'' has
the meaning given that term in section 3502 of title 44,
United States Code, and includes the Federal Election
Commission.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
shall be construed to require the disclosure of information
or records that are exempt from public disclosure under
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
SEC. 4. FEDERAL INFORMATION POLICY DEFINITIONS.
Section 3502 of title 44, United States Code, is amended--
(1) in paragraph (13), by striking ``; and'' at the end and
inserting a semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) 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 `Enterprise Data Inventory' means the data
inventory developed and maintained pursuant to section 3523;
``(18) 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;
``(19) the term `metadata' means structural or descriptive
information about data such as content, format, source,
rights, accuracy, provenance, frequency, periodicity,
granularity, publisher or responsible party, contact
information, method of collection, and other descriptions;
``(20) the term `nonpublic data asset'--
``(A) means a data asset that may not be made available to
the public for privacy, security, confidentiality,
regulation, or other reasons as determined by law; and
``(B) includes data provided by contractors that is
protected by contract, license, patent, trademark, copyright,
confidentiality, regulation, or other restriction;
``(21) the term `open format' means a technical format
based on an underlying open standard that is--
``(A) not encumbered by restrictions that would impede use
or reuse; and
``(B) based on an underlying open standard that is
maintained by a standards organization;
``(22) the term `open Government data' means a Federal
Government 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;
``(23) the term `open license' means a legal guarantee
applied to a data asset that is made available to the public
that such data asset is made available--
``(A) at no cost to the public; and
``(B) with no restrictions on copying, publishing,
distributing, transmitting, citing, or adapting; and
``(24) the term `public data asset' means a collection of
data elements or a data set maintained by the Government
that--
``(A) may be released; or
``(B) has been released to the public in an open format and
is discoverable through a search of Data.gov.''.
SEC. 5. REQUIREMENT FOR MAKING OPEN AND MACHINE-READABLE THE
DEFAULT FOR GOVERNMENT DATA.
(a) Amendment.--Subchapter I of chapter 35 of title 44,
United States Code, is amended by adding at the end the
following:
``Sec. 3522. Requirements for Government data
``(a) Machine-Readable Data Required.--Government data
assets made available by an agency shall be published as
machine-readable data.
``(b) Open by Default.--When not otherwise prohibited by
law, and to the extent practicable, Government data assets
shall--
``(1) be available in an open format; and
``(2) be available under open licenses.
``(c) Open License or Worldwide Public Domain Dedication
Required.--When not otherwise prohibited by law, and to the
extent practicable, Government data assets published by or
for an agency shall be made available under an open license
or, if not made available under an open license and
appropriately released, shall be considered to be published
as part of the worldwide public domain.
``(d) Innovation.--Each agency may engage with
nongovernmental organizations, citizens, non-profit
organizations, colleges and universities, private and public
companies, and other agencies to explore opportunities to
leverage the agency's public data asset in a manner that may
provide new opportunities for innovation in the public and
private sectors in accordance with law and regulation.''.
(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. Requirements for Government data.''.
(c) Effective Date.--Notwithstanding section 11, the
amendments made by subsections (a) and (b) shall take effect
on the date that is 1 year after the date of enactment of
this Act and shall apply with respect to any contract entered
into by an agency on or after such effective date.
(d) Use of Open Data Assets.--Not later than 1 year after
the date of enactment of this
[[Page S7133]]
Act, the head of each agency shall ensure that any activities
by the agency or any new contract entered into by the agency
meet the requirements of section 3522 of title 44, United
States Code, as added by subsection (a).
SEC. 6. RESPONSIBILITIES OF THE OFFICE OF ELECTRONIC
GOVERNMENT.
(a) Coordination of Federal Information Resources
Management Policy.--Section 3503 of title 44, United States
Code, is amended by adding at the end the following:
``(c) Coordination of Federal Information Resources
Management Policy.--The Federal Chief Information Officer
shall work in coordination with the Administrator of the
Office of Information and Regulatory Affairs and with the
heads of other offices within the Office of Management and
Budget to oversee and advise the Director on Federal
information resources management policy.''.
(b) Authority and Functions of Director.--Section 3504(h)
of title 44, United States Code, is amended--
(1) in paragraph (1), by inserting ``, the Federal Chief
Information Officer,'' after ``the Director of the National
Institute of Standards and Technology'';
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) oversee the completeness of the Enterprise Data
Inventory and the extent to which the agency is making all
data collected and generated by the agency available to the
public in accordance with section 3523;'';
(3) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) coordinate the development and review of Federal
information resources management policy by the Administrator
of the Office of Information and Regulatory Affairs and the
Federal Chief Information Officer.''.
(c) Change of Name of the Office of Electronic
Government.--
(1) Definitions.--Section 3601 of title 44, United States
Code, is amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(C) by inserting after paragraph (3), as so redesignated,
the following:
``(4) `Federal Chief Information Officer' means the Federal
Chief Information Officer of the Office of the Federal Chief
Information Officer established under section 3602;''.
(2) Office of the federal chief information officer.--
Section 3602 of title 44, United States Code, is amended--
(A) in the heading, by striking ``Electronic Government''
and inserting ``the Federal Chief Information Officer'';
(B) in subsection (a), by striking ``Office of Electronic
Government'' and inserting ``Office of the Federal Chief
Information Officer'';
(C) in subsection (b), by striking ``an Administrator'' and
inserting ``a Federal Chief Information Officer'';
(D) in subsection (c), by striking ``The Administrator''
and inserting ``The Federal Chief Information Officer'';
(E) in subsection (d), by striking ``The Administrator''
and inserting ``The Federal Chief Information Officer'';
(F) in subsection (e), by striking ``The Administrator''
and inserting ``The Federal Chief Information Officer'';
(G) in subsection (f)--
(i) in the matter preceding paragraph (1), by striking
``the Administrator shall'' and inserting ``the Federal Chief
Information Officer shall''; and
(ii) in paragraph (16), by striking ``the Office of
Electronic Government'' and inserting ``the Office of the
Federal Chief Information Officer''; and
(H) in subsection (g), by striking ``the Office of
Electronic Government'' and inserting ``the Office of the
Federal Chief Information Officer''.
(3) Chief information officers council.--Section 3603 of
title 44, United States Code, is amended--
(A) in subsection (b)(2), by striking ``The Administrator
of the Office of Electronic Government'' and inserting ``The
Federal Chief Information Officer'';
(B) in subsection (c)(1), by striking ``The Administrator
of the Office of Electronic Government'' and inserting ``The
Federal Chief Information Officer''; and
(C) in subsection (f)(3), by striking ``the Administrator''
and inserting ``the Federal Chief Information Officer''.
(4) E-Government fund.--Section 3604 of title 44, United
States Code, is amended--
(A) in subsection (a)(2), by striking ``the Administrator
of the Office of Electronic Government'' and inserting ``the
Federal Chief Information Officer'';
(B) in subsection (b), by striking ``Administrator'' each
place it appears and inserting ``Federal Chief Information
Officer''; and
(C) in subsection (c), by striking ``the Administrator''
and inserting ``the Federal Chief Information Officer''.
(5) Program to encourage innovative solutions to enhance
electronic government services and processes.--Section 3605
of title 44, United States Code, is amended--
(A) in subsection (a), by striking ``The Administrator''
and inserting ``The Federal Chief Information Officer'';
(B) in subsection (b), by striking ``, the Administrator,''
and inserting ``, the Federal Chief Information Officer,'';
and
(C) in subsection (c)--
(i) in paragraph (1)--
(I) by striking ``The Administrator'' and inserting ``The
Federal Chief Information Officer''; and
(II) by striking ``proposals submitted to the
Administrator'' and inserting ``proposals submitted to the
Federal Chief Information Officer'';
(ii) in paragraph (2), by striking ``the Administrator''
and inserting ``the Federal Chief Information Officer''; and
(iii) in paragraph (4), by striking ``the Administrator''
and inserting ``the Federal Chief Information Officer''.
(6) Technical and conforming amendments.--
(A) Table of sections.--The table of sections for chapter
36 of title 44, United States Code, is amended by striking
the item relating to section 3602 and inserting the
following:
``3602. Office of the Federal Chief Information Officer.''.
(B) Positions at level iii.--Section 5314 of title 5,
United States Code, is amended by striking ``Administrator of
the Office of Electronic Government'' and inserting ``Federal
Chief Information Officer''.
(C) Office of electronic government.--Section 507 of title
31, United States Code, is amended by striking ``The Office
of Electronic Government'' and inserting ``The Office of the
Federal Chief Information Officer''.
(D) Electronic government and information technologies.--
Section 305 of title 40, United States Code, is amended by
striking ``Administrator of the Office of Electronic
Government'' and inserting ``Federal Chief Information
Officer''.
(E) Capital planning and investment control.--Section
11302(c)(4) of title 40, United States Code, is amended by
striking ``Administrator of the Office of Electronic
Government'' each place it appears and inserting ``Federal
Chief Information Officer''.
(F) Resources, planning, and portfolio management.--The
second subsection (c) of section 11319 of title 40, United
States Code, is amended by striking ``Administrator of the
Office of Electronic Government'' each place it appears and
inserting ``Federal Chief Information Officer''.
(G) Additional technical and conforming amendments.--
(i) Section 2222(i)(6) of title 10, United States Code, is
amended by striking ``section 3601(4)'' and inserting
``section 3601(3)''.
(ii) Section 506D(k)(1) of the National Security Act of
1947 (50 U.S.C. 3100(k)(1)) is amended by striking ``section
3601(4)'' and inserting ``section 3601(3)''.
(7) Rule of construction.--The amendments made by this
subsection are for the purpose of changing the name of the
Office of Electronic Government and the Administrator of such
office and shall not be construed to affect any of the
substantive provisions of the provisions amended or to
require a new appointment by the President.
SEC. 7. DATA INVENTORY AND PLANNING.
(a) Enterprise Data Inventory.--
(1) Amendment.--Subchapter I of chapter 35 of title 44,
United States Code, as amended by section 5, is amended by
adding at the end the following:
``Sec. 3523. Enterprise data inventory
``(a) Agency Data Inventory Required.--
``(1) In general.--In order to develop a clear and
comprehensive understanding of the data assets in the
possession of an agency, the head of each agency, in
consultation with the Director of the Office of Management
and Budget, shall develop and maintain an enterprise data
inventory (in this section referred to as the `Enterprise
Data Inventory') that accounts for any data asset created,
collected, under the control or direction of, or maintained
by the agency after the effective date of this section, with
the ultimate goal of including all data assets, to the extent
practicable.
``(2) Contents.--The Enterprise Data Inventory shall
include each of the following:
``(A) Data assets used in agency information systems,
including program administration, statistical, and financial
activity.
``(B) Data assets shared or maintained across agency
programs and bureaus.
``(C) Data assets that are shared among agencies or created
by more than 1 agency.
``(D) A clear indication of all data assets that can be
made publicly available under section 552 of title 5
(commonly referred to as the `Freedom of Information Act').
``(E) A description of whether the agency has determined
that an individual data asset may be made publicly available
and whether the data asset is currently available to the
public.
``(F) Non-public data assets.
``(G) Government data assets generated by applications,
devices, networks, and equipment, categorized by source type.
``(b) Public Availability.--The Chief Information Officer
of each agency shall use the guidance provided by the
Director issued pursuant to section 3504(a)(1)(C)(ii) to make
public data assets included in the Enterprise Data Inventory
publicly available in an open format and under an open
license.
``(c) Non-Public Data.--Non-public data included in the
Enterprise Data Inventory may be maintained in a non-public
section of the inventory.
``(d) Availability of Enterprise Data Inventory.--The Chief
Information Officer of each agency--
``(1) shall make the Enterprise Data Inventory available to
the public on Data.gov;
``(2) shall ensure that access to the Enterprise Data
Inventory and the data contained therein is consistent with
applicable law and regulation; and
``(3) may implement paragraph (1) in a manner that
maintains a non-public portion of the Enterprise Data
Inventory.
[[Page S7134]]
``(e) Regular Updates Required.--The Chief Information
Officer of each agency shall--
``(1) to the extent practicable, complete the Enterprise
Data Inventory for the agency not later than 1 year after the
date of enactment of this section; and
``(2) add additional data assets to the Enterprise Data
Inventory for the agency not later than 90 days after the
date on which the data asset is created or identified.
``(f) Use of Existing Resources.--When practicable, the
Chief Information Officer of each agency shall use existing
procedures and systems to compile and publish the Enterprise
Data Inventory for the agency.''.
(2) Technical and conforming amendment.--The table of
sections for subchapter I of chapter 35 of title 44, United
States Code, as amended by section 5, is amended by inserting
after the item relating to section 3522 the following:
``3523. Enterprise data inventory.''.
(b) Standards for Enterprise Data Inventory.--Section
3504(a)(1) of title 44, United States Code, is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B)(vi), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue standards for the Enterprise Data Inventory
described in section 3523, including--
``(i) a requirement that the Enterprise Data Inventory
include a compilation of metadata about agency data assets;
and
``(ii) criteria that the head of each agency shall use in
determining whether to make a particular data asset publicly
available in a manner that takes into account--
``(I) the expectation of confidentiality associated with an
individual data asset;
``(II) security considerations, including the risk that
information in an individual data asset in isolation does not
pose a security risk but when combined with other available
information may pose such a risk;
``(III) the cost and value to the public of converting the
data into a manner that could be understood and used by the
public;
``(IV) the expectation that all data assets that would
otherwise be made available under section 552 of title 5
(commonly referred to as the `Freedom of Information Act') be
disclosed; and
``(V) any other considerations that the Director determines
to be relevant.''.
(c) Federal Agency Responsibilities.--Section 3506 of title
44, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(C), by striking ``security;'' and
inserting the following: ``security by--
``(i) using open format for any new Government data asset
created or obtained on the date that is 1 year after the date
of enactment of this clause; and
``(ii) to the extent practicable, encouraging the adoption
of open form for all open Government data created or obtained
before the date of enactment of this clause;''.
(B) in paragraph (4), by striking ``subchapter; and'' and
inserting ``subchapter and a review of each agency's
Enterprise Data Inventory described in section 3523;'';
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) in consultation with the Director, develop an open
data plan as a part of the requirement for a strategic
information resources management plan described in paragraph
(2) that, at a minimum and to the extent practicable--
``(A) requires the agency to develop processes and
procedures that--
``(i) require each new data collection mechanism to use an
open format; and
``(ii) allow the agency to collaborate with non-Government
entities, researchers, businesses, and private citizens for
the purpose of understanding how data users value and use
open Government data;
``(B) identifies and implements methods for collecting and
analyzing digital information on data asset usage by users
within and outside of the agency, including designating a
point of contact within the agency to assist the public and
to respond to quality issues, usability, recommendations for
improvements, and complaints about adherence to open data
requirements in accordance with subsection (d)(2);
``(C) develops and implements a process to evaluate and
improve the timeliness, completeness, accuracy, usefulness,
and availability of open Government data;
``(D) requires the agency to update the plan at an interval
determined by the Director;
``(E) includes requirements for meeting the goals of the
agency open data plan including technology, training for
employees, and implementing procurement standards, in
accordance with existing law, that allow for the acquisition
of innovative solutions from the public and private sector;
and
``(F) prohibits the dissemination and accidental disclosure
of nonpublic data assets.'';
(2) in subsection (c), by striking ``With respect to'' and
inserting ``Except as provided under subsection (j), with
respect to'';
(3) in subsection (d)--
(A) in the matter preceding paragraph (1), by striking
``shall'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``shall'' before ``ensure'';
(ii) in subparagraph (A), by striking ``sources'' and
inserting ``sources and uses''; and
(iii) in subparagraph (C), by inserting ``, including
providing access to open Government data online'' after
``economical manner'';
(C) in paragraph (2), by inserting ``shall'' before
``regularly'';
(D) in paragraph (3)--
(i) by inserting ``shall'' before ``provide''; and
(ii) by striking ``; and'' and inserting a semicolon;
(E) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by inserting
``may'' before ``not''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(F) by adding at the end the following:
``(5) shall take the necessary precautions to ensure that
the agency maintains the production and publication of data
assets which are directly related to activities that protect
the safety of human life or property, as identified by the
open data plan of the agency required by subsection (b)(6);
and
``(6) may engage the public in using open Government data
and encourage collaboration by--
``(A) publishing information on open Government data usage
in regular, timely intervals, but not less than annually;
``(B) receiving public input regarding priorities for the
analysis and disclosure of data assets to be published;
``(C) assisting civil society groups and members of the
public working to expand the use of open Government data; and
``(D) hosting challenges, competitions, events, or other
initiatives designed to create additional value from open
Government data.''; and
(4) by adding at the end the following:
``(j) Collection of Information Exception.--Notwithstanding
subsection (c), an agency is not required to meet the
requirements of paragraphs (2) and (3) of such subsection
if--
``(1) the waiver of those requirements is approved by the
head of the agency;
``(2) the collection of information is--
``(A) online and electronic;
``(B) voluntary and there is no perceived or actual
tangible benefit to the provider of the information;
``(C) of an extremely low burden that is typically
completed in 5 minutes or less; and
``(D) focused on gathering input about the performance of,
or public satisfaction with, an agency providing service; and
``(3) the agency publishes representative summaries of the
collection of information under subsection (c).''.
(d) Repository.--The Director of the Office of Management
and Budget shall collaborate with the Office of Government
Information Services and the Administrator of General
Services to develop and maintain an online repository of
tools, best practices, and schema standards to facilitate the
adoption of open data practices. The repository shall--
(1) include definitions, regulation and policy, checklists,
and case studies related to open data, this Act, and the
amendments made by this Act; and
(2) facilitate collaboration and the adoption of best
practices across the Federal Government relating to the
adoption of open data practices.
(e) Systematic Agency Review of Operations.--Section 305 of
title 5, United States Code, is amended--
(1) in subsection (b), by adding at the end the following:
``To the extent practicable, each agency shall use existing
data to support such reviews if the data is accurate and
complete.'';
(2) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) determining the status of achieving the mission,
goals, and objectives of the agency as described in the
strategic plan of the agency published pursuant to section
306;''; and
(3) by adding at the end the following:
``(d) Open Data Compliance Report.--Not later than 1 year
after the date of enactment of this subsection, and every 2
years thereafter, the Director of the Office of Management
and Budget shall electronically publish a report on agency
performance and compliance with the Open, Public, Electronic,
and Necessary Government Data Act and the amendments made by
that Act.''.
(f) GAO Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report that identifies--
(1) the value of information made available to the public
as a result of this Act and the amendments made by this Act;
(2) whether it is valuable to expand the publicly available
information to any other data assets; and
(3) the completeness of the Enterprise Data Inventory at
each agency required under section 3523 of title 44, United
States Code, as added by this section.
SEC. 8. TECHNOLOGY PORTAL.
(a) Amendment.--Subchapter I of chapter 35 of title 44,
United States Code, is amended by inserting after section
3511 the following:
``Sec. 3511A. Technology portal
``(a) Data.gov Required.--The Administrator of General
Services shall maintain a single public interface online as a
point of entry dedicated to sharing open Government data with
the public.
``(b) Coordination With Agencies.--The Director of the
Office of Management and Budget shall determine, after
consultation with the head of each agency and the
Administrator of General Services, the method to access any
open Government data published through the interface
described in subsection (a).''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter I of chapter 35 of title 44, United
States Code, as amended by this Act, is amended by inserting
after the item relating to section 3511 the following:
``3511A. Technology portal.''.
[[Page S7135]]
(c) Deadline.--Not later than 180 days after the date of
enactment of this Act, the Administrator of General Services
shall meet the requirements of section 3511A(a) of title 44,
United States Code, as added by subsection (a).
SEC. 9. ENHANCED RESPONSIBILITIES FOR CHIEF INFORMATION
OFFICERS AND CHIEF INFORMATION OFFICERS COUNCIL
DUTIES.
(a) Agency Chief Information Officer General
Responsibilities.--
(1) General responsibilities.--Section 11315(b) of title
40, United States Code, is amended--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) data asset management, format standardization,
sharing of data assets, and publication of data assets;
``(5) the compilation and publication of the Enterprise
Data Inventory for the agency required under section 3523 of
title 44;
``(6) ensuring that agency data conforms with open data
best practices;
``(7) ensuring compliance with the requirements of
subsections (b), (c), (d), and (f) of section 3506 of title
44;
``(8) engaging agency employees, the public, and
contractors in using open Government data and encourage
collaborative approaches to improving data use;
``(9) supporting the agency Performance Improvement Officer
in generating data to support the function of the Performance
Improvement Officer described in section 1124(a)(2) of title
31;
``(10) reviewing the information technology infrastructure
of the agency and the impact of such infrastructure on making
data assets accessible to reduce barriers that inhibit data
asset accessibility;
``(11) ensuring that, to the extent practicable, the agency
is maximizing its own use of data, including data generated
by applications, devices, networks, and equipment owned by
the Government and such use is not otherwise prohibited, to
reduce costs, improve operations, and strengthen security and
privacy protections; and
``(12) identifying points of contact for roles and
responsibilities related to open data use and implementation
as required by the Director of the Office of Management and
Budget.''.
(2) Additional definitions.--Section 11315 of title 40,
United States Code, is amended by adding at the end the
following:
``(d) Additional Definitions.--In this section, the terms
`data', `data asset', `Enterprise Data Inventory', and `open
Government data' have the meanings given those terms in
section 3502 of title 44.''.
(b) Amendment.--Section 3603(f) of title 44, United States
Code, is amended by adding at the end the following:
``(8) Work with the Office of Government Information
Services and the Director of the Office of Science and
Technology Policy to promote data interoperability and
comparability of data assets across the Government.''.
SEC. 10. EVALUATION OF AGENCY ANALYTICAL CAPABILITIES.
(a) Agency Review of Evaluation and Analysis Capabilities;
Report.--Not later than 3 years after the date of enactment
of this Act, the Chief Operating Officer of each agency shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the
Director of the Office of Management and Budget a report on
the review described in subsection (b).
(b) Requirements of Agency Review.--The report required
under subsection (a) shall assess the coverage, quality,
methods, effectiveness, and independence of the agency's
evaluation research and analysis efforts, including each of
the following:
(1) A list of the activities and operations of the agency
that are being evaluated and analyzed and the activities and
operations that have been evaluated and analyzed during the
previous 5 years.
(2) The extent to which the evaluations research and
analysis efforts and related activities of the agency support
the needs of various divisions within the agency.
(3) The extent to which the evaluation research and
analysis efforts and related activities of the agency address
an appropriate balance between needs related to
organizational learning, ongoing program management,
performance management, strategic management, interagency and
private sector coordination, internal and external oversight,
and accountability.
(4) The extent to which the agency uses methods and
combinations of methods that are appropriate to agency
divisions and the corresponding research questions being
addressed, including an appropriate combination of formative
and summative evaluation research and analysis approaches.
(5) The extent to which evaluation and research capacity is
present within the agency to include personnel, agency
process for planning and implementing evaluation activities,
disseminating best practices and findings, and incorporating
employee views and feedback.
(6) The extent to which the agency has the capacity to
assist front-line staff and program offices to develop the
capacity to use evaluation research and analysis approaches
and data in the day-to-day operations.
(c) GAO Review of Agency Reports.--Not later than 4 years
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report that summarizes agency findings and highlights trends
from the reports submitted pursuant to subsection (a) and, if
appropriate, recommends actions to further improve agency
capacity to use evaluation techniques and data to support
evaluation efforts.
SEC. 11. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take
effect on the date that is 180 days after the date of
enactment of this Act.
Mr. PORTMAN. Mr. President, I ask unanimous consent that the
committee-reported substitute amendment be agreed to; the bill, as
amended, be read a third time and passed; and the motion to reconsider
be considered made and laid upon the table with no intervening action
or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill (S. 2852), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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