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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10151 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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