Advancing American AI Act

II Calendar No. 669 117TH CONGRESS 2D SESSION S. 1353 [Report No. 117–270] To promote United States values and fulfill agency missions through the use of innovative applied artificial intelligence technologies, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 22, 2021 Mr. PETERS (for himself and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs DECEMBER 19, 2022 Reported by Mr. PETERS, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To promote United States values and fulfill agency missions through the use of innovative applied artificial intel- ligence technologies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1353 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Advancing American 2 AI Act’’. 3 SEC. 2. PURPOSE. 4 The purposes of this bill are to— 5 (1) promote adoption of modernized business 6 practices and advanced technologies across the Fed- 7 eral Government that align with the values of the 8 United States, including the protection of privacy, 9 civil rights, and civil liberties; 10 (2) encourage agency artificial intelligence-re- 11 lated programs and initiatives that enhance the com- 12 petitiveness of the United States and foster an ap- 13 proach to artificial intelligence that builds on the 14 strengths of the United States in innovation and 15 entrepreneurialism; 16 (3) enhance Government venues to translate re- 17 search advances into artificial intelligence applica- 18 tions to modernize systems and assist agency leaders 19 in fulfilling their missions; 20 (4) test applied artificial intelligence to drive 21 agency productivity efficiencies in predictive supply 22 chain and logistics; and 23 (5) test applied artificial intelligence to accel- 24 erate investment return for agencies, such as for 25 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1353 RS portfolio management, workforce development and 1 upskilling, and for other purposes. 2 SEC. 3. DEFINITIONS. 3 In this Act: 4 (1) AGENCY.—The term ‘‘agency’’ has the 5 meaning given the term in section 3502 of title 44, 6 United States Code. 7 (2) APPROPRIATE CONGRESSIONAL COMMIT- 8 TEES.—The term ‘‘appropriate congressional com- 9 mittees’’ means— 10 (A) the Committee on Homeland Security 11 and Governmental Affairs of the Senate; and 12 (B) the Committee on Oversight and Re- 13 form of the House of Representatives. 14 (3) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar- 15 tificial intelligence’’ has the meaning given the term 16 in section 238(g) of the John S. McCain National 17 Defense Authorization Act for Fiscal Year 2019 (10 18 U.S.C. 2358 note). 19 (4) DIRECTOR.—The term ‘‘Director’’ means 20 the Director of the Office of Management and Budg- 21 et. 22 SEC. 4. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL 23 INTELLIGENCE IN GOVERNMENT. 24 (a) CONTINUAL REVIEW.— 25 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1353 RS (1) IN GENERAL.—The Director shall— 1 (A) establish mechanisms to continually re- 2 fine the guidance issued to the head of each 3 agency under section 104(a) of the AI in Gov- 4 ernment Act of 2020 (title I of division U of 5 Public Law 116–260) as best practices evolve; 6 and 7 (B) not later than 180 days after the date 8 of enactment of this Act and every year there- 9 after, brief the appropriate congressional com- 10 mittees on the mechanisms established under 11 subparagraph (A). 12 (2) CONSIDERATIONS.—In developing updates 13 to the guidance described in paragraph (1)(A), the 14 Director shall consider the input of— 15 (A) the Privacy and Civil Liberties Over- 16 sight Board; 17 (B) other governmental and nongovern- 18 mental privacy, civil rights, and civil liberties 19 experts; and 20 (C) and any other individual or entity the 21 Director determines to be appropriate. 22 (3) AMENDMENT TO AI IN GOVERNMENT ACT 23 OF 2020.—Section 104(d) of the AI in Government 24 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1353 RS Act of 2020 (title I of division U of Public Law 1 116–260) is amended to read as follows: 2 ‘‘(d) UPDATES.—The Director shall— 3 ‘‘(1) continually issue updates to the memo- 4 randum required under subsection (a); and 5 ‘‘(2) in any event, issue updates to the memo- 6 randum required under subsection (a)— 7 ‘‘(A) not later than 2 years after the date 8 on which the Director issues the memorandum; 9 and 10 ‘‘(B) not less frequently than annually 11 thereafter for 10 years.’’. 12 (b) LEGAL AND APPROVAL PROCESSES FOR PRO- 13 CUREMENT AND USE OF AI-ENABLED SYSTEMS.—Not 14 later than 180 days after the date of enactment of this 15 Act— 16 (1) the Secretary of Homeland Security, with 17 the participation of the Chief Privacy Officer and 18 the Officer for Civil Rights and Civil Liberties of the 19 Department of Homeland Security, shall revise the 20 legal and approval processes for the procurement 21 and use of artificial intelligence-enabled systems, in- 22 cluding associated data of machine learning systems, 23 to ensure that full consideration is given to the pri- 24 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1353 RS vacy, civil rights, and civil liberties impacts of artifi- 1 cial intelligence-enabled systems; and 2 (2) the Chief Privacy Officer and the Officer 3 for Civil Rights and Civil Liberties of the Depart- 4 ment of Homeland Security shall report to Congress 5 on any additional staffing or funding resources that 6 may be required to carry out the requirements of 7 this subsection. 8 (c) INSPECTOR GENERAL.—Not later than 180 days 9 after the date of enactment of this Act, the Inspector Gen- 10 eral of the Department of Homeland Security shall iden- 11 tify any training needed to enable employees of the Office 12 of the Inspector General to continually advance their un- 13 derstanding of— 14 (1) rapidly evolving artificial intelligence tech- 15 nologies; 16 (2) best practices for governance, oversight, and 17 audits of the use of those technologies; and 18 (3) how the Office of the Inspector General is 19 using artificial intelligence to enhance audit and in- 20 vestigative capabilities, including actions to— 21 (A) ensure the integrity of audit and inves- 22 tigative results; and 23 (B) guard against bias in the selection and 24 conduct of audits and investigations. 25 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1353 RS (d) ARTIFICIAL INTELLIGENCE HYGIENE AND PRO- 1 TECTION OF PRIVACY AND GOVERNMENT INFORMA- 2 TION.— 3 (1) ESTABLISHMENT.—Not later than 1 year 4 after the date of enactment of this Act, the Adminis- 5 trator of the Office of Federal Procurement Policy 6 and the Chief Acquisition Officers Council (in this 7 subsection referred to as the ‘‘Council’’) or working 8 group thereof shall develop a process to— 9 (A) ensure that contracts involving artifi- 10 cial intelligence— 11 (i) align with the guidance issued to 12 the head of each agency under section 13 104(a) of the AI in Government Act of 14 2020 (title I of division U of Public Law 15 116–260); 16 (ii) address protection of privacy; and 17 (iii) the ownership and security of 18 data and other information obtained, proc- 19 essed, stored, transmitted, or otherwise 20 handled by a contractor or subcontractor; 21 and 22 (B) address any other issue or concern de- 23 termined to be relevant by the Administrator of 24 the Office of Federal Procurement Policy and 25 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1353 RS the Council to ensure appropriate use and pro- 1 tection of privacy and Government data and 2 other information. 3 (2) REVIEW.—Not later than 2 years after the 4 date of enactment of this Act and every 2 years 5 thereafter, the Council shall update the process de- 6 veloped under paragraph (1). 7 (3) BRIEFING.—The Council shall brief the ap- 8 propriate congressional committees— 9 (A) not later than 90 days after the date 10 of enactment of this Act and thereafter on a 11 quarterly basis until the Council first imple- 12 ments the process developed under paragraph 13 (1); and 14 (B) annually thereafter on the implementa- 15 tion of the process developed under paragraph 16 (1). 17 (4) SUNSET.—This subsection shall cease to be 18 effective on the date that is 10 years after the date 19 of enactment of this Act. 20 SEC. 5. AGENCY INVENTORY AND ARTIFICIAL INTEL- 21 LIGENCE USE CASES. 22 (a) IN GENERAL.—Not later than 180 days after the 23 date of enactment of this Act, the Director, in consultation 24 with the Federal Chief Information Officer and the Chief 25 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1353 RS Information Officers Council, shall issue a memorandum 1 to the head of each agency that shall articulate the method 2 by which the agency shall make public information about 3 the use of artificial intelligence by the agency, including 4 the publication criteria, publication format, and method 5 of publication. 6 (b) INVENTORY.—Not later than 1 year after the 7 date of enactment of this Act, and annually thereafter for 8 a period of 10 years, the head of each agency shall— 9 (1) prepare an inventory of the artificial intel- 10 ligence use cases of the agency, including current 11 and planned uses, consistent with the memorandum 12 issued under subsection (a); 13 (2) identify, review, and assess existing artifi- 14 cial intelligence deployed and operating in support of 15 agency missions for any inconsistencies with the 16 guidance issued under section 104 of the AI in Gov- 17 ernment Act of 2020 (title I of division U of Public 18 Law 116–260) and any additional guidance issued 19 by the Director; 20 (3) develop and implement plans to achieve con- 21 sistency with the guidance issued under section 104 22 of the AI in Government Act of 2020 (title I of divi- 23 sion U of Public Law 116–260) and any additional 24 guidance from the Director for each AI application 25 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1353 RS or to retire AI applications found to be developed or 1 used in a manner that is not consistent with guid- 2 ance issued by the Director; 3 (4) share agency inventories with other agen- 4 cies, to the extent practicable and consistent with 5 applicable law and policy, including those concerning 6 protection of privacy and of sensitive law enforce- 7 ment, national security, and other protected infor- 8 mation; and 9 (5) make agency inventories available to the 10 public, in a manner determined by the Director, and 11 to the extent practicable and in accordance with ap- 12 plicable law and policy, including those concerning 13 the protection of privacy and of sensitive law en- 14 forcement, national security, and other protected in- 15 formation. 16 (c) SHARING.—The sharing of agency inventories de- 17 scribed in subsection (b)(4) may be coordinated through 18 the Chief Information Officers Council, the Chief Data Of- 19 ficers Council, the Chief Financial Officers Council, the 20 Chief Acquisition Officers Council, or other interagency 21 bodies to improve interagency coordination and informa- 22 tion sharing for common use cases. 23 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1353 RS (d) CENTRAL INVENTORY.—The Director shall des- 1 ignate a host entity and ensure the creation and mainte- 2 nance of an online public directory in order to— 3 (1) make agency artificial intelligence use case 4 information available to the public and those wishing 5 to do business with the Government; and 6 (2) identify common use cases across agencies. 7 SEC. 6. RAPID PILOT, DEPLOYMENT, AND SCALE OF AP- 8 PLIED ARTIFICIAL INTELLIGENCE CAPABILI- 9 TIES TO DEMONSTRATE MODERNIZATION AC- 10 TIVITIES RELATED TO USE CASES. 11 (a) IDENTIFICATION OF USE CASES.—Not later than 12 270 days after the date of enactment of this Act, the Di- 13 rector shall identify not fewer than 5 new use cases for 14 the application of cross-enterprise artificial intelligence-en- 15 abled systems to support modernization initiatives across 16 agencies, including interagency or intra-agency initiatives 17 that require linking multiple siloed internal and external 18 data sources. 19 (b) PILOT PROGRAM.— 20 (1) PURPOSES.—The purposes of the pilot pro- 21 gram under this section are— 22 (A) to enable agencies to operate cross-en- 23 terprise, coordinating between existing estab- 24 VerDate Sep 11 2014 05:51 Dec 20, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1353.RS S1353 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1353 RS lished programs and silos to improve delivery of 1 the agency mission; and 2 (B) to demonstrate the circumstances 3 under which artificial intelligence can be used 4 to modernize or assist in modernizing legacy 5 agency systems. 6 (2) DEPLOYMENT AND PILOT.—Not later than 7 1 year after the date of enactment of this Act, the 8 Director, in coordination with the heads of relevant 9 agencies and other officials as the Director deter- 10 mines to be appropriate, shall ensure the initiation 11 of the piloting of 5 new cross-enterprise technology 12 use case applications that leverage commercially 13 available technologies and systems to demonstrate 14 scalable artificial intelligence-enabled capabilities to 15 support the use cases identified under subsection 16 (a). 17 (3) PRIORITIZATION.—In carrying out para- 18 graph (2), the Director shall prioritize modernization 19 projects that would benefit from commercially avail- 20 able privacy-preserving machine learning and artifi- 21 cial intelligence techniques, such as use of d [Text truncated for display. Full text available on Congress.gov.]