[Congressional Record Volume 162, Number 178 (Friday, December 9, 2016)]
[Senate]
[Pages S7132-S7135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        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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