[Senate Report 118-324]
[From the U.S. Government Publishing Office]
Calendar No. 744
118th Congress } { Report
SENATE
2d Session } { 118-324
_______________________________________________________________________
MODERNIZING DATA PRACTICES TO
IMPROVE GOVERNMENT ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 5109
TO AMEND SECTION 3520A OF TITLE 44, UNITED
STATES CODE, TO EXTEND THE CHIEF DATA OFFICER
COUNCIL'S SUNSET AND ADD NEW AUTHORITIES FOR
IMPROVING FEDERAL AGENCY DATA GOVERNANCE,
INCLUDING TO ENABLE RELIABLE AND SECURE ADOPTION
OF EMERGING TECHNOLOGIES AND ARTIFICIAL INTELLIGENCE,
AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
ADAM SCHIFF, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Alan S. Kahn, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
Carter A. Hirschhorn, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 744
118th Congress } { Report
SENATE
2d Session } { 118-324
======================================================================
MODERNIZING DATA PRACTICES TO IMPROVE
GOVERNMENT ACT
_______
December 19 (legislative day, December 16), 2024.--Ordered to be
printed
_______
Mr. Peters, from the Committee on Homeland Security and
Governmental Affairs, submitted the following
R E P O R T
[To accompany S. 5109]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 5109) to amend
section 3520A of title 44, United States Code, to extend the
Chief Data Officer Council's sunset and add new authorities for
improving Federal agency data governance, including to enable
reliable and secure adoption of emerging technologies and
artificial intelligence, and for other purposes, having
considered the same, reports favorably thereon with an
amendment, in the nature of a substitute, and recommends that
the bill, as amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis of the Bill, as Reported.............4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............8
I. Purpose and Summary
S. 5109, the Modernizing Data Practices to Improve
Government Act, would amend section 3520A of Title 44, United
States Code, to extend the authorities of the Chief Data
Officers Council (CDO Council) seven years after enactment of
this legislation. The bill would also codify new data
governance responsibilities for the CDO Council and require
additional reporting related to improving data governance
across federal government. The bill would require the CDO
Council to report to the Office of Management and Budget (OMB)
and Congress on key data governance issues for agencies,
including recommendations for best practices to ensure agency
data is reliable, transparent, and high-quality, as well as an
assessment of any data challenges preventing artificial
intelligence (AI) adoption across agencies. Further, under this
bill, OMB would make recommendations to Congress to clarify and
enhance the roles of Chief Data Officers (CDOs) across
government and identify the resources and skills needed for
CDOs to support data governance and AI adoption at federal
agencies.
II. Background and Need for the Legislation
In 2019, Congress passed the Foundations for Evidence-Based
Policymaking Act of 2018 (Evidence Act), to improve data
management, expand access to government information, and
strengthen agency evaluation capacity. Among its provisions,
the bill codified the CDO position at agencies and created the
CDO Council. While CDOs are permanent positions, the law
terminates the CDO Council ``upon the expiration of the 2-year
period that begins on the date the Comptroller General submits
the report under paragraph (1) to Congress.''\1\ The
Comptroller General submitted the referenced report on December
15, 2022; the Council will terminate on December 15, 2024.\2\
---------------------------------------------------------------------------
\1\Evidence-Based Policymaking Act of 2018, Pub. L. No. 115-435, 44
USC Sec. 3520A. See also H. Rept. 115-411.
\2\Government Accountability Office, Progress Strengthening Federal
Evidence-Based Policymaking (GAO-23-105514) (Dec. 2022).
---------------------------------------------------------------------------
Without the CDO Council, the federal government would lose
the main interagency council responsible for cross-agency data
management. The termination of this Council would arrive just
as agencies are adopting new technologies and facing greater
data challenges than ever before.\3\ Extending the Council
would allow it to continue assisting agencies across the
government. In a survey of agency CDOs, many CDOs found the
Council helpful for achieving their missions.\4\ A 2023
Government Accountability Office (GAO) review of the Council's
operations found that the Council was successful in carrying
out each of its core statutory missions.\5\
---------------------------------------------------------------------------
\3\Government Accountability Office, Artificial Intelligence:
Agencies Have Begun Implementation but Need to Complete Key
Requirements (GAO-24-105980) (Dec. 2023); Data, Talent, Funding Among
Top Barriers for Federal Agency AI Implementation, FedScoop (Oct. 10,
2024) (https://fedscoop.com/data-talent-funding-among-top-barriers-for-
federal-agency-ai-implementation).
\4\The Data Foundation, Five Years of Progress and the Road Ahead
Insights from the 2024 Survey of Federal Chief Data Officers (2024)
(file:///C:/Users/ch44360/Downloads/2024%20CDO%20Survey.pdf).
\5\Government Accountability Office, supra note 3.
---------------------------------------------------------------------------
This bill would allow the Council to build on and extend
its success to new topics critical for agency data management,
such as managing data in the age of artificial intelligence
(AI) and defining data standards.\6\ The Modernizing Data
Practices to Improve Government Act would, for example, require
the CDO Council to help agencies mitigate risks associated with
misuse and mismanagement of personally identifiable
information, when adopting AI. In October 2024, OMB released an
RFI about issues related to agency ``collection, processing,
maintenance, use dissemination, and disposition of commercially
available information containing personally identifiable
information.''\7\ Additionally, the legislation requires the
Council to recommend (1) definitions for key data standards and
(2) best practices for defining, generating, and using
synthetic data (artificial data that have some of the
statistical characteristics of the seed data). A recent
Congressional Research Service report found that federal
agencies have conflicting definitions and approaches to data
standards.\8\ This bill would require the CDO Council to
recommend data standard definitions and best practices. These
elements reflect challenges agencies have experienced in
defining critical data terms and practices. The CDO Council
itself has recently published Requests for Information
involving definition, generation, and use of synthetic data.\9\
A recent survey of CDOs showed a desire for consistent
information, and the reporting requirements in this legislation
would help accomplish that objective.\10\
---------------------------------------------------------------------------
\6\Chief Data Officer Council, Success Stories (https://
www.cdo.gov/success-stories/) (accessed Dec. 17, 2024).
\7\Office of Management and Budget, Request for Information:
Executive Branch Agency Handling of Commercially Available Information
Containing Personally Identifiable Information, 89 FR 83517 (Oct. 16,
2024).
\8\Congressional Research Service, Federal Data Management: Issues
and Challenges in the Use of Data Standards (Apr. 29, 2024)(R48053).
\9\National Institute of Standards and Technology (NIST), Glossary,
Synthetic Data Generation (https://csrc.nist.gov/glossary/term/
synthetic_data_generation) (accessed Dec. 11, 2024).
\10\The Data Foundation, supra note 5.
---------------------------------------------------------------------------
The legislation would also require OMB to publish a report
to help identify, clarify, and enhance the roles of CDOs in
government, and to assess other CDO needs to ensure they are
able to meet mission outcomes. CDOs have reported lower levels
of clarity of their roles and responsibilities over the last
several years.\11\ They have also identified that lack of
guidance has produced obstacles for agencies attempting to
adopt AI in their daily operations. For example, in the 2024
survey of agency CDOs, 43% of those surveyed reported lack of
guidance related to AI as a primary barrier for using AI in
their organizations.\12\
---------------------------------------------------------------------------
\11\Id.
\12\Id.
---------------------------------------------------------------------------
III. Legislative History
Senator Gary Peters (D-MI) introduced S. 5109, the
Modernizing Data Practices to Improve Government Act, on
September 19, 2024, with original cosponsor Senator Todd Young
(R-IN). The bill was referred to the Committee on Homeland
Security and Governmental Affairs.
The Committee considered S. 5109 at a business meeting on
September 25, 2024. At the business meeting, Senator Peters
offered a substitute amendment to the bill, as well as a
modification to the substitute amendment. The substitute
amendment, as modified, incorporated agency feedback, including
technical changes and changes to: (1) ensure the CDO Council's
responsibilities match and build on its current authorities;
(2) ensure the Council's recommendations include coordination
with other relevant agency officials; (3) clarify that one
representative from among Chief AI Officers and one
representative from Chief Privacy Officers should be on the
Council; and (4) allow the Council to enter into an interagency
agreement with the General Services Administration (GSA) for
staffing the Council. The amendment also added language
specifying that no additional funds are authorized to be
appropriated for the purpose of carrying out this Act, and
clarified that the Act does not require agencies to implement
the recommendations in the CDO Council's report to Congress and
OMB. The Committee adopted the modification to the Peters
substitute amendment, and the substitute amendment as modified,
by unanimous consent, with Senators Peters, Hassan, Sinema,
Rosen, Blumenthal, Butler, Paul, Lankford, and Hawley present.
The bill, as amended by the Peters substitute amendment as
modified, was ordered reported favorably by roll call vote of 7
yeas to 2 nays, with Senators Peters, Hassan, Sinema, Rosen,
Blumenthal, Butler, and Hawley voting in the affirmative, and
Senators Paul and Lankford voting in the negative. Senators
Carper, Ossoff, Romney, Scott, and Marshall voted yea by proxy,
and Senator Johnson voted nay by proxy, for the record only.
Consistent with Committee Rule 3(G), the Committee reports
the bill with a technical amendment by mutual agreement of the
Chairman and Ranking Member.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Modernizing Data Practices to Improve Government Act.''
Section 2. Amendments
Section 2 amends section 3520A of Title 44, United States
Code. It strikes subsection (d) of section 3520A, which
required the CDO Council to produce a report, and subsection
(e), which required an evaluation of the Council and for the
Council to be terminated in December of 2024. These provisions
are later replaced with a provision requiring a new report from
the Council and a provision that extends the CDO Council for
seven years.
Section 2 also adds a new subsection (a) to section 3520A,
to define ``artificial intelligence'' and ``data governance.''
Section 2 adds new purposes to the CDO Council under
subsection (c) of 3520A of Title 44. The language would require
the CDO Council to identify opportunities and procedures to
improve data governance and ensure agencies' data is
transparent, accessible, and sufficient quality for intended
use. Additionally, the provision clarifies that the Council
shall support agency heads if those agencies adopt emerging
technologies, to ensure they are implemented reliably and
securely.
Section 2 also amends the membership of the CDO Council
(subsection (d) of section 3520A of Title 44) by adding
representatives from all Chief Privacy Officers and Chief AI
Officers to the council as ex officio members.
In addition, Section 2 adds new subsections (e) through (j)
to section 3520A of Title 44, with requirements as follows.
New subsection (e) would allow GSA to provide staffing to
the Council, codifying existing practice.
New subsection (f) would require the CDO Council to submit
to OMB and Congress: (1) a biennial report on the work of the
Council, and (2) a report with recommendations for improving
data governance at agencies. The subsection requires the
Council to include any updates to the broader data governance
report in its biennial report. The report with data governance
recommendations must include data policy recommendations for
agencies adopting artificial intelligence. Other elements in
the report include an assessment of key data governance and
sharing challenges; agency criteria for data transparency,
security, and evaluation metrics; recommendations for data
governance best practices, agency use case prioritization, data
risk management, secure expansion of public access to federal
data, and agency adoption and use of synthetic data generation.
New subsection (g) would allow OMB to issue agency guidance
once it receives the report required under new subsection (f).
New subsection (h) would require the OMB Director, in
consultation with the CDO Council, to submit a report with: (1)
recommendations for clarifying and enhancing the roles of
federal Chief Data Officers, and (2) opportunities for the CDO
Council to collaborate with other interagency councils. This
subsection also requires OMB to annually publish on a public
website a list of all CDOs, any additional roles they hold, and
their respective responsibilities relating to data and AI.
New subsection (i) would require GAO to submit a biennial
report for six years to Congress with an evaluation of the
Council's work to improve the use of data and evidence in
government. The report must also indicate any challenges the
Council faces in carrying out its responsibilities.
New subsection (j) would clarify that nothing in this
section shall be interpreted to require agencies to implement
the recommendations included in the CDO Council's report to
Congress and OMB.
Section 3. No additional funds
This section provides that no additional funds are
authorized to be appropriated for the purpose of carrying out
this Act.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
Summary Estimates of Legislation Ordered Reported
The Congressional Budget Act of 1974 requires the
Congressional Budget Office, to the extent practicable, to
prepare estimates of the budgetary effects of legislation
ordered reported by Congressional authorizing committees. In
order to provide the Congress with as much information as
possible, the attached table summarizes information about the
estimated direct spending and revenue effects of some of the
legislation that has been ordered reported by the Senate
Committee on Homeland Security and Governmental Affairs during
the 118th Congress. The legislation listed in this table
generally would have small effects, if any, on direct spending
or revenues, CBO estimates. Where possible, the table also
provides information about the legislation's estimated effects
on spending subject to appropriation and on intergovernmental
and private-sector mandates as defined in the Unfunded Mandates
Reform Act.
ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Spending Subject
Last Budget Direct Revenues, to Pay-As-You-Go Budgetary
Bill Number Title Status Action Function Spending, 2025-2034 Appropriation, Procedures Effects Mandates Contact
2025-2034 2025-2029 Apply? After 2034
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 5109...................... Modernizing Data Ordered reported 09/25/24 800 0 0 Not Estimated... No No No Matthew Pickford
Practices to
Improve
Government Act.
S. 5109 would expand the authorities of the Chief Data Officer Council concerning data management within the federal government. The bill also would create
reporting requirements for that council and the Government Accountability Office on agencies' use of emerging technologies and artificial intelligence. Those
authorities would end seven years after enactment. CBO estimates that enacting S. 5109 would have no effect on direct spending or revenues. CBO has not
estimated the bill's effects on spending subject to appropriation. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded
Mandates Reform Act.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
VII. Changes in Existing Law Made by the Bill, as Reported
UNITED STATES CODE
* * * * * * *
TITLE 44--PUBLIC PRINTING AND
DOCUMENTS
* * * * * * *
CHAPTER 35--COORDINATION OF FEDERAL
INFORMATION POLICY
* * * * * * *
Subchapter I--Federal Information Policy
* * * * * * *
SEC. 3520A. CHIEF DATA OFFICER COUNCIL
(a) Definitions.--In this section:
(1) Artificial intelligence.--The term `artificial
intelligence'--
(A) has the meaning given that term 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.).
(2) Data governance.--The term `data governance'--
(A) means the approach of an agency to
managing data during the lifecycle of the data;
and
(B) includes--
(i) agency responsibilities and
requirements to ensure data is secure,
private, accurate, available, and
usable; and
(ii) authorities, roles,
responsibilities, organizational
structures, policies, procedures,
standards, and resources for the
definition, stewardship, production,
security provenance, dissemination, and
use of data.
[(a)](b) * * *
[(b)](c) Purpose And Functions.--The Council shall--
(1) establish Governmentwide best practices for the
use, protection, dissemination, and generation of data;
(2) promote and encourage data sharing agreements
between agencies;
(3) identify ways in which agencies can improve upon
the production of evidence for use in policymaking;
(4) consult with the public and engage with private
users of Government data and other stakeholders on how
to improve access to data assets of the Federal
Government; [and]
(5) identify opportunities and procedures to improve
data governance to--
(A) ensure that publicly available data of
agencies are transparent, accessible, and of
sufficient quality for the intended use of the
data; and
(B) support agency heads and their efforts to
reliably and securely leverage emerging
technologies and artificial intelligence,
including to ensure mission outcomes and
improve operational efficiency across agencies;
and
[(5)] (6) identify and evaluate new technology
solutions for improving the collection and use of data.
[(c)] (d) Membership.--
(1) * * *
(2) * * *
(3) * * *
(4) Ex officio member.--The Director shall appoint a
representative for all Chief Information Officers [and
Evaluation Officers, and such representative shall
serve as an ex officio member of the Council], a
representative from all Chief Artificial Intelligence
Officers, and a representative for all Chief Privacy
Officers, and such representatives shall serve as non-
voting ex officio members of the Council.
(e) Council Staff.--The Council may enter into an
interagency agreement with the Administrator of General
Services for shared services for the purpose of staffing the
Council.
(f) Data Governance 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--
(1) a biennial report on the work of the Council,
including any updates to the recommendations provided
in the report required under paragraph (2) of this
subsection and an explanation of the work to ensure
progress on each of the objectives in subsection (c);
(2) not later than 1 year after the date of enactment
of this subsection, a report with recommendations and
best practices for agencies (taking into account that
the recommendations may not apply to all agencies or to
all agencies equally, based on the unique missions and
capabilities of each agency) for developing datasets,
data governance policies, and infrastructure, including
to enable adoption and use of emerging technologies and
artificial intelligence, such as for use in training,
testing, and operation of artificial intelligence
within agencies, which shall include--
(A) an assessment of key data governance and
sharing challenges, including those that
prevent adoption of emerging technologies and
artificial intelligence across agencies;
(B) an assessment, as applicable, of ways to
strengthen and clarify the roles and
responsibilities relating to data governance of
agency officials, in addition to the Chief Data
Officer;
(C) recommendations for data governance best
practices, including--
(i) best practices to ensure data
used is reliable, fit for purpose,
transparent, high quality, protects
privacy and personally identifiable
information, and protects
confidentiality of individuals and
other sensitive information, including
data used for testing, training, and
operation of artificial intelligence;
and
(ii) defining key data standards,
including data quality;
(D) a prioritization of existing and future
agency artificial intelligence use cases that
address a critical need across the Federal
Government, for which new or shared datasets
are needed to support adoption;
(E) identification of existing data available
to 1 or more agencies that would benefit other
such agencies if the data were shared or made
available;
(F) recommendations for ways Chief Data
Officers should work with relevant agency
officials to assist in addressing increases in
risks associated with--
(i) the potential for misuse of,
mismanagement of, and unauthorized
access to data and personally
identifiable information of individuals
when an agency leverages data for use
in artificial intelligence, including
identification of software or hardware
solutions, technical processes,
techniques, or other technological
means of mitigating privacy risks
arising from data processing; and
(ii) increasing access to the data of
the agency for the purposes of
supporting a cross-Government mission;
(G) recommendations for data ownership and
retention policies and procedures, including
how Chief Data Officers can support Chief
Procurement Officers and relevant officials in
ensuring that agency contracts to procure
emerging technology or artificial intelligence
include any necessary clauses to ensure that
the Federal Government--
(i) retains sufficient rights to
data, and any modifications to that
data;
(ii) avoids vendor lock-in and
retains the ability to facilitate or
conduct the continued design,
development, testing, and operation of
data by the Federal Government;
(iii) can conduct pre-procurement
reviews of artificial intelligence to
assess potential error issues; and
(iv) maximizes the use of and access
to open data, open source software, and
public access research to improve
transparency, knowledge sharing, and
interoperability;
(H) criteria agencies should consider when
using data to train artificial intelligence
used by agencies, including recommendations
for--
(i) ways to increase transparency of
training data for the public and for
agency employees using the relevant
artificial intelligence system
software; and
(ii) processes and procedures to
analyze and test training data for
potential risks;
(I) recommendations for ways to expand public
access to Federal data assets in a machine-
readable format while also taking into account
the criteria listed under section
3511(a)(2)(E);
(J) recommendations for defining, generating,
using, and ensuring the privacy and security of
synthetic data in the Federal Government,
including--
(i) a formalized definition of
synthetic data generation for
government use, including specifying
definitions for data which is fully or
partially synthetic;
(ii) best practices relating to
synthetic data generation and use,
including tools or techniques agencies
should take to--
(I) mitigate privacy and
security risks;
(II) ensure the accuracy and
quality of synthetic data and
the appropriateness for the
intended use of the synthetic
data by the agency;
(III) adopt the appropriate
techniques to validate
synthetic data, including data
profiling, data consistency,
data integrity, and data
documentation; and
(IV) communicate
opportunities, risks, and
limitations of synthetic data
internally to relevant Federal
employees and externally to the
public;
(iii) opportunities across the
Federal Government and within specific
agencies for using synthetic data;
(iv) circumstances when agencies
should not use synthetic data; and
(v) opportunities for the Federal
Government to partner with public and
private sector entities in the
development and sharing of data,
including synthetic data, including to
help in the adoption of emerging
technologies and artificial
intelligence, while also taking into
account the criteria under section
3511(a)(2)(E); and
(K) for subparagraphs (A) through (J), an
indication of how agencies can incorporate the
respective recommendations and best practices
into existing agency processes and statutory
requirements.
(g) Data Governance Guidance.--The Director, upon receipt
of a report required under subsection (f), may issue guidance
to agencies with respect to the implementation of the
recommendations of the report.
(h) Data Management Report.--Not later than 270 days after
the date of enactment of this subsection, the Director, in
consultation with the Council, shall--
(1) submit to Congress and make available on a public
website a report with recommendations to clarify and
enhance the roles of the Chief Data Officers across the
Federal Government relating to data governance,
including for artificial intelligence and including
recommendations for suggested collaboration
opportunities between the Council, other interagency
councils, and additional Federal Government entities
the Council determines relevant; and
(2) make available on a public website, not less
frequently than annually--
(A) a list of all Chief Data Officers of
agencies, including, with respect to each Chief
Data Officer--
(i) any additional roles or titles
the Chief Data Officer holds at the
agency; and
(ii) the respective roles,
responsibilities, and statutory
authorities of the Chief Data Officer
at the agency relating to data and
artificial intelligence; and
(B) an identification of skills and resources
needed by Chief Data Officers and their staffs,
including to support artificial intelligence
system adoption at agencies.
(i) Evaluation.--Not later than 2 years after the date of
enactment of this subsection, and not less frequently than once
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 and data in the Federal Government; and
(2) any barriers or challenges preventing the Council
from accomplishing the objectives under this section or
the amendments made by the Modernizing Data Practices
to Improve Government Act.
(j) Rule of Construction.--Nothing in this section shall be
construed to require an agency to implement any recommendation
developed pursuant to subsection (f) or (h).
(k) Sunset.--Beginning on the date that is 7 years after
the date of enactment of this subsection, this section shall
have no force or effect.
[(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 Government
Reform of the House of Representatives a biennial report on the
work of the Council.
[(e) Evaluation and termination.--
[(1) GAO evaluation of council.--Not later than 4
years after dateof the enactment of this section, the
Comptroller General shall submit to Congress a report
on whether the additional duties of the Council
improved the use of evidence and program evaluation in
the Federal Government.
[(2) Termination of council.--The Council shall
terminate and this section shall be repealed upon the
expiration of the 2-year period that begins on the date
the Comptroller General submits the report under
paragraph (1) to Congress.]
[all]