FUTURE of Artificial Intelligence Act of 2020

II 116TH CONGRESS 2D SESSION S. 3771 To require the Secretary of Commerce to establish the Federal Advisory Committee on the Development and Implementation of Artificial Intel- ligence, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 20, 2020 Ms. CANTWELL (for herself, Mr. YOUNG, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Commerce to establish the Fed- eral Advisory Committee on the Development and Imple- mentation of Artificial Intelligence, and for other pur- poses. 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 ‘‘Fundamentally Under- 4 standing the Usability and Realistic Evolution of Artificial 5 Intelligence Act of 2020’’ or the ‘‘FUTURE of Artificial 6 Intelligence Act of 2020’’. 7 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 2 •S 3771 IS SEC. 2. SENSE OF CONGRESS. 1 It is the sense of Congress that— 2 (1) understanding and preparing for the ongo- 3 ing development of artificial intelligence is critical to 4 the economic prosperity and social stability of the 5 United States; 6 (2) as artificial intelligence evolves, it can great- 7 ly benefit society by powering the information econ- 8 omy, fostering better informed decisions and helping 9 unlock answers to questions that, as of the date of 10 the enactment of this Act, are unanswerable; 11 (3) for the reasons set forth in paragraph (2), 12 it is beneficial to better understand artificial intel- 13 ligence and foster the development of artificial intel- 14 ligence in a manner that maximizes its benefit to so- 15 ciety; and 16 (4) it is critical that the priorities of the advi- 17 sory committee established under section 3(a)(1) in- 18 clude developing guidance or recommendations— 19 (A) to promote a climate of investment and 20 innovation to ensure the global competitiveness 21 of the United States; 22 (B) to optimize the development of artifi- 23 cial intelligence to address the potential growth, 24 restructuring, or other changes in the United 25 States workforce that result from the develop- 26 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 3 •S 3771 IS ment of artificial intelligence, with particular 1 attention to traditionally underrepresented pop- 2 ulations that may be uniquely impacted; 3 (C) to promote and support the unbiased 4 development and application of artificial intel- 5 ligence; and 6 (D) to protect the privacy rights of individ- 7 uals. 8 SEC. 3. ESTABLISHMENT OF FEDERAL ADVISORY COM- 9 MITTEE ON THE DEVELOPMENT AND IMPLE- 10 MENTATION OF ARTIFICIAL INTELLIGENCE. 11 (a) ESTABLISHMENT.— 12 (1) IN GENERAL.—The Secretary of Commerce 13 shall establish a Federal advisory committee to ad- 14 vise the Secretary on matters relating to the devel- 15 opment of artificial intelligence. 16 (2) DESIGNATION.—The Federal advisory com- 17 mittee established under paragraph (1) shall be 18 known as the ‘‘Federal Advisory Committee on the 19 Development and Implementation of Artificial Intel- 20 ligence’’ (in this section referred to as the ‘‘Advisory 21 Committee’’). 22 (b) PURPOSES OF THE ADVISORY COMMITTEE.— 23 (1) ADVICE.—The Advisory Committee shall 24 provide advice to the Secretary on matters relating 25 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 4 •S 3771 IS to the development and use of artificial general intel- 1 ligence and narrow artificial intelligence, including 2 on the following as they relate to artificial intel- 3 ligence: 4 (A) The competitiveness of the United 5 States, including matters relating to the pro- 6 motion of public and private sector investment 7 and innovation into the development of artificial 8 intelligence. 9 (B) Workforce, including matters relating 10 to the potential for using artificial intelligence 11 for rapid retraining of workers, due to the pos- 12 sible effect of technological displacement and to 13 increase the labor force participation of tradi- 14 tionally underrepresented populations, including 15 minorities, low-income populations, and persons 16 with disabilities. 17 (C) Education, including matters relating 18 to science, technology, engineering, and mathe- 19 matics education to prepare the United States 20 workforce as the needs of employers change. 21 (D) Ethics training and development for 22 individuals, including both private and govern- 23 ment technologists, working on and using artifi- 24 cial intelligence. 25 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 5 •S 3771 IS (E) Matters relating to open sharing of 1 data and the open sharing of research on artifi- 2 cial intelligence. 3 (F) International cooperation and competi- 4 tiveness, including matters relating to the com- 5 petitive international landscape for artificial in- 6 telligence-related industries. 7 (G) Accountability and legal rights, includ- 8 ing matters relating to the responsibility for 9 any violations of laws by an artificial intel- 10 ligence system and the compatibility of inter- 11 national regulations. 12 (H) Matters relating to machine learning 13 bias through core cultural and societal norms. 14 (I) Matters relating to how artificial intel- 15 ligence can serve or enhance opportunities in 16 rural communities. 17 (J) Government efficiency, including mat- 18 ters relating to how to promote cost saving and 19 streamline operations. 20 (K) Matters relating to individual civil 21 rights, including an assessment regarding how 22 rights are or will be affected by the use of arti- 23 ficial intelligence technology and whether such 24 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 6 •S 3771 IS uses should be subject to additional controls, 1 oversight, or limitations. 2 (L) Matters relating to urbanization and 3 the development of smart cities. 4 (2) STUDY.—The Advisory Committee shall 5 study and assess the following: 6 (A) How the term ‘‘artificial intelligence’’ 7 should be defined for purposes of this section 8 and how the relevant scope of the Advisory 9 Committee should be defined, including how 10 such definitions relate to artificial systems and 11 both narrow and general forms of artificial in- 12 telligence. In carrying out this subparagraph, 13 the Advisory Committee shall consider the fol- 14 lowing: 15 ‘‘(1) The term ‘artificial intelligence’ includes 16 the following: 17 ‘‘(A) Any artificial systems that perform 18 tasks under varying and unpredictable cir- 19 cumstances, without significant human over- 20 sight, or that can learn from their experience 21 and improve their performance. Such systems 22 may be developed in computer software, phys- 23 ical hardware, or other contexts not yet con- 24 templated. They may solve tasks requiring 25 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 7 •S 3771 IS human-like perception, cognition, planning, 1 learning, communication, or physical action. In 2 general, the more human-like the system within 3 the context of its tasks, the more it can be said 4 to use artificial intelligence. 5 ‘‘(B) Systems that think like humans, such 6 as cognitive architectures and neural networks. 7 ‘‘(C) Systems that act like humans, such 8 as systems that can pass the Turing test or 9 other comparable test via natural language 10 processing, knowledge representation, auto- 11 mated reasoning, and learning. 12 ‘‘(D) A set of techniques, including ma- 13 chine learning, that seek to approximate some 14 cognitive task. 15 ‘‘(E) Systems that act rationally, such as 16 intelligent software agents and embodied robots 17 that achieve goals via perception, planning, rea- 18 soning, learning, communicating, decision- 19 making, and acting. 20 ‘‘(2) The term ‘artificial general intelligence’ 21 means a notional future artificial intelligence system 22 that exhibits apparently intelligent behavior at least 23 as advanced as a person across the range of cog- 24 nitive, emotional, and social behaviors. 25 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 8 •S 3771 IS ‘‘(3) The term ‘narrow artificial intelligence’ 1 means an artificial intelligence system that address- 2 es specific application areas such as playing stra- 3 tegic games, language translation, self-driving vehi- 4 cles, and facial or other image recognition.’’. 5 (B) How to create a climate for public and 6 private sector investment and innovation in ar- 7 tificial intelligence. 8 (C) The possible benefits and effects that 9 the development of artificial intelligence may 10 have on the economy, workforce, and competi- 11 tiveness of the United States. 12 (D) Whether and how networked, auto- 13 mated, artificial intelligence applications and 14 robotic devices will displace or create jobs and 15 how any job-related gains relating to artificial 16 intelligence can be maximized. 17 (E) How bias can be identified and elimi- 18 nated in the development of artificial intel- 19 ligence and in the algorithms that support 20 them, including with respect to the following: 21 (i) The selection and processing of 22 data used to train artificial intelligence. 23 (ii) Diversity in the development of 24 artificial intelligence. 25 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 9 •S 3771 IS (iii) The ways and places the systems 1 are deployed and the potential harmful 2 outcomes. 3 (F) Whether and how to incorporate eth- 4 ical standards in the development and imple- 5 mentation of artificial intelligence. 6 (G) How the Federal Government can en- 7 courage technological progress in implementa- 8 tion of artificial intelligence that benefits the 9 full spectrum of social and economic classes. 10 (H) How the privacy rights of individuals 11 are or will be affected by technological innova- 12 tion relating to artificial intelligence. 13 (I) Whether technological advancements in 14 artificial intelligence have or will outpace the 15 legal and regulatory regimes implemented to 16 protect consumers. 17 (J) How existing laws, including those con- 18 cerning data access and privacy, should be mod- 19 ernized to enable the potential of artificial intel- 20 ligence. 21 (K) How the Federal Government utilizes 22 artificial intelligence to handle large or complex 23 data sets. 24 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 10 •S 3771 IS (L) How ongoing dialogues and consulta- 1 tions with multi-stakeholder groups can maxi- 2 mize the potential of artificial intelligence and 3 further development of artificial intelligence 4 technologies that can benefit everyone inclu- 5 sively. 6 (M) How the development of artificial in- 7 telligence can affect cost savings and streamline 8 operations in various areas of government oper- 9 ations, including health care, cybersecurity, in- 10 frastructure, and disaster recovery. 11 (N) Such other matters as the Advisory 12 Committee considers appropriate. 13 (3) REPORTS AND RECOMMENDATIONS.— 14 (A) REPORT BY ADVISORY COMMITTEE.— 15 Not later than 540 days after the date of the 16 enactment of this Act, the Advisory Committee 17 shall submit to the Secretary and to Congress 18 a report on the findings of the Advisory Com- 19 mittee and such recommendations as the Advi- 20 sory Committee may have for administrative or 21 legislative action relating to artificial intel- 22 ligence. 23 (B) RECOMMENDATIONS OF SECRETARY.— 24 Not later than 90 days after receiving the re- 25 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 11 •S 3771 IS port submitted under subparagraph (A), the 1 Secretary shall review the report and submit to 2 Congress such recommendations as the Sec- 3 retary may have with respect to the matters 4 contained in the report submitted under sub- 5 paragraph (A). 6 (c) MEMBERSHIP.— 7 (1) VOTING MEMBERS.— 8 (A) IN GENERAL.—The Advisory Com- 9 mittee shall be composed of 19 voting members 10 who shall be appointed by the Secretary, with 11 advisement from the Chair and Ranking Mem- 12 ber of the Committee on Commerce, Science, 13 and Transportation of the Senate and the Chair 14 and Ranking Member of the Committee on En- 15 ergy and Commerce of the House of Represent- 16 atives, for purposes of the Advisory Committee 17 from among individuals with expertise in mat- 18 ters relating to workforce development, ethics, 19 privacy, artificial intelligence, or computer 20 science. 21 (B) REPRESENTATION.—In carrying out 22 subparagraph (A), the Secretary shall ensure 23 that voting members are appointed as follows: 24 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771 kjohnson on DSK79L0C42PROD with BILLS 12 •S 3771 IS (i) Five members from the academic 1 or research community. 2 (ii) Six members from private indus- 3 try, at least one of whom shall be from a 4 small business concern. 5 (iii) Six members from civil society, at 6 least two of whom shall be from groups 7 that advocate for civil liberties or civil 8 rights. 9 (iv) Two members from labor organi- 10 zations or groups, including those that rep- 11 resent the unique interests of traditionally 12 underrepresented populations. 13 (C) GEOGRAPHICAL DIVERSITY.—In car- 14 rying out subparagraph (A), the Secretary shall 15 ensure that the voting members of the Advisory 16 Committee come from diverse geographical loca- 17 tions within the United States. 18 (2) NONVOTING MEMBERS.—The Advisory 19 Committee shall also be composed of such nonvoting 20 members as the Secretary considers appropriate, ex- 21 cept that the Secretary shall appoint at least one 22 such member from each of the following: 23 (A) The Department of Education. 24 (B) The Department of Justice. 25 VerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 0992 [Text truncated for display. 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