[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10151 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10151
To amend title 44, United States Code, to modernize data practices to
improve government, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2024
Ms. Lee of Pennsylvania (for herself and Ms. Mace) introduced the
following bill; which was referred to the Committee on Oversight and
Accountability
_______________________________________________________________________
A BILL
To amend title 44, United States Code, to modernize data practices to
improve government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Data Practices to
Improve Government Act''.
SEC. 2. MODERNIZING DATA PRACTICES TO IMPROVE GOVERNMENT.
(a) Definitions.--Section 3502 of title 44, United States Code, is
amended--
(1) in paragraph (22), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (23), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(24) the term `artificial intelligence'--
``(A) has the meaning given the term `artificial
intelligence' in section 5002 of the National
Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9401); and
``(B) includes the artificial systems and
techniques described in paragraphs (1) through (5) of
section 238(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 4061 note prec.); and
``(25) the term `data governance' means the policies and
procedures of an agency to manage data throughout the lifecycle
of such data, including acquisition, collection, analysis,
protection, use, dissemination, disposal, or archival,
including--
``(A) any data asset; and
``(B) any action taken and any technology or
process used by an agency to manage such data or data
asset.''.
(b) Chief Data Officer Qualifications.--Subsection (b) of section
3520 of title 44, United States Code, is amended by striking ``data
management, governance (including creation, application, and
maintenance of data standards), collection, analysis, protection, use,
and dissemination, including with respect to'' and inserting ``data
management and data governance, including with respect to creation,
application, and maintenance of data standards and''.
(c) Revival of Law.--In the case of a termination and repeal under
subsection (e)(2) of section 3520A of title 44, United States Code,
such section 3520A shall be effective as in effect on December 14,
2024, as if such section had not been repealed, and such section shall
apply retroactively to any period of repeal.
(d) Chief Data Officer Council.--Section 3520A of title 44, United
States Code, is amended--
(1) in subsection (b), by striking paragraph (5) and
inserting the following:
``(5) identify opportunities and procedures to improve data
governance to--
``(A) evaluate new technology solutions for
improving the collection and use of data;
``(B) ensure the public data assets are transparent
and of sufficient quality for the intended use of the
data asset; and
``(C) support the head of each agency with the
efforts by the agency to reliably and securely use
emerging technology and artificial intelligence to
improve operational efficiency across agencies.'';
(2) in subsection (c), by striking paragraph (4) and
inserting the following:
``(4) Ex officio members.--The Director shall select a
representative to serve as an ex-officio member of the Council
for each of the following:
``(A) Agency Chief Information Officers.
``(B) Agency Evaluation Officers.
``(C) Senior agency officials for privacy.''; and
(3) by striking subsections (d) and (e) and inserting the
following:
``(d) Reports.--The Council shall submit to the Director, the
Committee on Homeland Security and Governmental Affairs of the Senate,
and the Committee on Oversight and Accountability of the House of
Representatives the following:
``(1) Not later than 2 years after the date of the
enactment of this subsection, and every two years thereafter, a
report on the work of the Council that includes--
``(A) a description of any work of the Council to
ensure progress on each purpose and function of the
Council described under subsection (b); and
``(B) any update to the recommendations provided in
the report required under paragraph (2).
``(2) Not later than 1 year after the date of the enactment
of this subsection, a report that includes the following:
``(A) Recommendations and best practices for
agencies on developing data assets, data governance
policies, and infrastructure to enable adoption,
maintenance, use, and interoperability of emerging
technology and artificial intelligence, such as for use
in training, testing, and operation of artificial
intelligence within agencies, that includes the
following:
``(i) An assessment of ways to strengthen
and clarify the roles and responsibilities of
senior agency officials with respect to data
governance.
``(ii) An identification of data available
to 1 or more agencies at the time of the
submission of the report that would benefit
other agencies if the data were shared or made
accessible to such other agencies.
``(iii) Criteria agencies should consider
when using data to train any artificial
intelligence used by agencies, including
recommendations for--
``(I) ways to make such data more
transparent to the public and the
employees of the agency using the
trained artificial intelligence; and
``(II) processes and procedures to
analyze and test such data for
potential risks.
``(iv) Recommendations for defining,
generating, using, and ensuring the privacy and
security of synthetic data in the Federal
Government.
``(B) An indication of how agencies can incorporate
such recommendations and best practices into agency
processes and statutory requirements.
``(e) Director Responsibilities.--
``(1) Data governance guidance.--The Director, upon receipt
of a report required under subsection (d), may issue or amend,
as necessary, guidance to agencies with respect to the
implementation of any recommendation included in the report in
accordance with this chapter.
``(2) Chief data officer inventory.--Not later than 270
days after the date of the enactment of this subsection, the
Director, in consultation with the Council, shall make
available on a public website, and update not less frequently
than annually, an inventory of Chief Data Officers, including,
with respect to each agency--
``(A) a list of each Chief Data Officer, including,
with respect to each Chief Data Officer--
``(i) any additional role or title the
Chief Data Officer holds at the agency; and
``(ii) each responsibility and statutory
authority of the Chief Data Officer relating to
data and artificial intelligence that are not
described in section 3520(c); and
``(B) an identification of resources needed by
Chief Data Officers, including to support the adoption
of artificial intelligence at agencies.
``(f) Evaluation.--Not later than 2 years after the date of the
enactment of this subsection, and not less frequently than every 2
years thereafter, the Comptroller General shall submit to Congress a
report on--
``(1) whether the duties of the Council improved the use of
evidence, data, and program evaluation in the Federal
Government; and
``(2) any barrier or challenge preventing the Council from
accomplishing the requirements under this section.
``(g) Rule of Construction.--Nothing in this section shall be
construed to require an agency to implement any recommendation
developed pursuant to subsection (d).
``(h) Sunset.--This section shall have no force or effect on and
after December 14, 2031.''.
SEC. 3. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for the
purpose of carrying out this Act.
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