AI in Government Act of 2020

II Calendar No. 531 116TH CONGRESS 2D SESSION H. R. 2575 IN THE SENATE OF THE UNITED STATES SEPTEMBER 15, 2020 Received; read twice and placed on the calendar AN ACT To authorize an AI Center of Excellence within the General Services Administration, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘AI in Government Act 4 of 2020’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 (1) the term ‘‘Administrator’’ means the Ad- 8 ministrator of General Services; 9 VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS 2 HR 2575 PCS (2) the term ‘‘agency’’ has the meaning given 1 the term in section 3502 of title 44, United States 2 Code; 3 (3) the term ‘‘AI CoE’’ means the AI Center of 4 Excellence described in section 3; 5 (4) the term ‘‘artificial intelligence’’ has the 6 meaning given the term in section 238(g) of the 7 John S. McCain National Defense Authorization Act 8 for Fiscal Year 2019 (10 U.S.C. 2358 note); 9 (5) the term ‘‘Director’’ means the Director of 10 the Office of Management and Budget; 11 (6) the term ‘‘institution of higher education’’ 12 has the meaning given the term in section 101 of the 13 Higher Education Act of 1965 (20 U.S.C. 1001); 14 and 15 (7) the term ‘‘nonprofit organization’’ means an 16 organization described in section 501(c)(3)of the In- 17 ternal Revenue Code of 1986 and exempt from tax- 18 ation under section 501(a) of that Code. 19 SEC. 3. AI CENTER OF EXCELLENCE. 20 (a) IN GENERAL.—There is created within the Gen- 21 eral Services Administration a program to be known as 22 the ‘‘AI Center of Excellence’’, which shall— 23 (1) facilitate the adoption of artificial intel- 24 ligence technologies in the Federal Government; 25 VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS 3 HR 2575 PCS (2) improve cohesion and competency in the 1 adoption and use of artificial intelligence within the 2 Federal Government; and 3 (3) carry out paragraphs (1) and (2) for the 4 purposes of benefitting the public and enhancing the 5 productivity and efficiency of Federal Government 6 operations. 7 (b) DUTIES.—The duties of the AI CoE shall in- 8 clude— 9 (1) regularly convening individuals from agen- 10 cies, industry, Federal laboratories, nonprofit organi- 11 zations, institutions of higher education, and other 12 entities to discuss recent developments in artificial 13 intelligence, including the dissemination of informa- 14 tion regarding programs, pilots, and other initiatives 15 at agencies, as well as recent trends and relevant in- 16 formation on the understanding, adoption, and use 17 of artificial intelligence; 18 (2) collecting, aggregating, and publishing on a 19 publicly available website information regarding pro- 20 grams, pilots, and other initiatives led by other 21 agencies and any other information determined ap- 22 propriate by the Administrator; 23 (3) advising the Administrator, the Director, 24 and agencies on the acquisition and use of artificial 25 VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS 4 HR 2575 PCS intelligence through technical insight and expertise, 1 as needed; 2 (4) assist agencies in applying Federal policies 3 regarding the management and use of data in appli- 4 cations of artificial intelligence; 5 (5) consulting with agencies, including the De- 6 partment of Defense, the Department of Commerce, 7 the Department of Energy, the Department of 8 Homeland Security, the Office of Management and 9 Budget, the Office of the Director of National Intel- 10 ligence, and the National Science Foundation, that 11 operate programs, create standards and guidelines, 12 or otherwise fund internal projects or coordinate be- 13 tween the public and private sectors relating to arti- 14 ficial intelligence; 15 (6) advising the Director on developing policy 16 related to the use of artificial intelligence by agen- 17 cies; and 18 (7) advising the Director of the Office of 19 Science and Technology Policy on developing policy 20 related to research and national investment in artifi- 21 cial intelligence. 22 (c) STAFF.— 23 VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS 5 HR 2575 PCS (1) IN GENERAL.—The Administrator shall pro- 1 vide necessary staff, resources, and administrative 2 support for the AI CoE. 3 (2) SHARED STAFF.—To the maximum extent 4 practicable, the Administrator shall meet the re- 5 quirements described under paragraph (1) by using 6 staff of the General Services Administration, includ- 7 ing those from other agency centers of excellence, 8 and detailees, on a reimbursable or nonreimbursable 9 basis, from other agencies. 10 (3) FELLOWS.—The Administrator may, to the 11 maximum extent practicable, appoint fellows to par- 12 ticipate in the AI CoE from nonprofit organizations, 13 think tanks, institutions of higher education, and in- 14 dustry. 15 (d) SUNSET.—This section shall cease to be effective 16 on the date that is 5 years after the date of enactment 17 of this Act. 18 SEC. 4. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTEL- 19 LIGENCE. 20 (a) GUIDANCE.—Not later than 270 days after the 21 date of enactment of this Act, the Director, in coordina- 22 tion with the Director of the Office of Science and Tech- 23 nology Policy in consultation with the Administrator and 24 any other relevant agencies and key stakeholders as deter- 25 VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS 6 HR 2575 PCS mined by the Director, shall issue a memorandum to the 1 head of each agency that shall— 2 (1) inform the development of policies regarding 3 Federal acquisition and use by agencies regarding 4 technologies that are empowered or enabled by arti- 5 ficial intelligence, including an identification of the 6 responsibilities of agency officials managing the use 7 of such technology; 8 (2) recommend approaches to remove barriers 9 for use by agencies of artificial intelligence tech- 10 nologies in order to promote the innovative applica- 11 tion of those technologies while protecting civil lib- 12 erties, civil rights, and economic and national secu- 13 rity; 14 (3) identify best practices for identifying, as- 15 sessing, and mitigating any discriminatory impact or 16 bias on the basis of any classification protected 17 under Federal nondiscrimination laws, or any unin- 18 tended consequence of the use of artificial intel- 19 ligence, including policies to identify data used to 20 train artificial intelligence algorithms as well as the 21 data analyzed by artificial intelligence used by the 22 agencies; and 23 (4) provide a template of the required contents 24 of the agency plans described in subsection (c). 25 VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS 7 HR 2575 PCS (b) PUBLIC COMMENT.—To help ensure public trust 1 in the applications of artificial intelligence technologies, 2 the Director shall issue a draft version of the memo- 3 randum required under subsection (a) for public comment 4 not later than 180 days after date of enactment of this 5 Act. 6 (c) PLANS.—Not later than 180 days after the date 7 on which the Director issues the memorandum required 8 under subsection (a) or an update to the memorandum 9 required under subsection (d), the head of each agency 10 shall submit to the Director and post on a publicly avail- 11 able page on the website of the agency— 12 (1) a plan to achieve consistency with the 13 memorandum; or 14 (2) a written determination that the agency 15 does not use and does not anticipate using artificial 16 intelligence. 17 (d) UPDATES.—Not later than 2 years after the date 18 on which the Director issues the memorandum required 19 under subsection (a), and every 2 years thereafter for 10 20 years, the Director shall issue updates to the memo- 21 randum. 22 VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS 8 HR 2575 PCS SEC. 5. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFI- 1 CIAL INTELLIGENCE. 2 (a) IN GENERAL.—Not later than 18 months after 3 the date of enactment of this Act, and in accordance with 4 chapter 51 of title 5, United States Code, the Director 5 of the Office of Personnel Management shall— 6 (1) identify key skills and competencies needed 7 for positions related to artificial intelligence; 8 (2) establish an occupational series, or update 9 and improve an existing occupational job series, to 10 include positions the primary duties of which relate 11 to artificial intelligence; 12 (3) to the extent appropriate, establish an esti- 13 mate of the number of Federal employees in posi- 14 tions related to artificial intelligence, by each agen- 15 cy; and 16 (4) using the estimate established in paragraph 17 (3), prepare a 2-year and 5-year forecast of the 18 number of Federal employees in positions related to 19 artificial intelligence that each agency will need to 20 employ. 21 (b) PLAN.—Not later than 120 days after the date 22 of enactment of this Act, the Director of the Office of Per- 23 sonnel Management shall submit to the Committee on 24 Homeland Security and Governmental Affairs of the Sen- 25 ate and the Committee on Oversight and Reform of the 26 VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS 9 HR 2575 PCS House of Representatives a comprehensive plan with a 1 timeline to complete requirements described in subsection 2 (a). 3 Passed the House of Representatives September 14, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS Calendar No. 531 116TH CONGRESS 2D SESSION H. R. 2575 AN ACT To authorize an AI Center of Excellence within the General Services Administration, and for other purposes. SEPTEMBER 15, 2020 Received; read twice and placed on the calendar VerDate Sep 11 2014 04:27 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H2575.PCS H2575 SSpencer on DSK126QN23PROD with BILLS