[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1363 Reported in Senate (RS)]
<DOC>
Calendar No. 456
116th CONGRESS
2d Session
S. 1363
[Report No. 116-225]
To authorize an AI Center of Excellence within the General Services
Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2019
Mr. Schatz (for himself, Mr. Gardner, Mr. Portman, Ms. Harris, and Mr.
Peters) introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
June 1, 2020
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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 Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``AI in Government Act of
2019''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act--</DELETED>
<DELETED> (1) the term ``Administration'' means the General
Services Administration;</DELETED>
<DELETED> (2) the term ``Administrator'' means the
Administrator of General Services;</DELETED>
<DELETED> (3) the term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code;</DELETED>
<DELETED> (4) the term ``AI CoE'' means the AI Center of
Excellence described in section 3;</DELETED>
<DELETED> (5) the term ``artificial intelligence'' means any
method implemented on a computer, including any method that is
drawn from machine learning, data science, or statistics, to
enable the computer to carry out a task or behavior that would
require intelligence if performed by a human;</DELETED>
<DELETED> (6) the term ``Board'' means the advisory board
established under section 5(a);</DELETED>
<DELETED> (7) the term ``Director'' means the Director of
the Office of Management and Budget;</DELETED>
<DELETED> (8) the term ``institution of higher education''
has the meaning given the term in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002); and</DELETED>
<DELETED> (9) the term ``nonprofit organization'' means an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of that Code.</DELETED>
<DELETED>SEC. 3. AI CENTER OF EXCELLENCE.</DELETED>
<DELETED> (a) In General.--There is established within the
Administration an office to be known as the ``AI Center of
Excellence'', which shall--</DELETED>
<DELETED> (1) advise and promote the efforts of the Federal
Government in developing innovative uses of artificial
intelligence by the Federal Government to the benefit of the
public; and</DELETED>
<DELETED> (2) improve cohesion and competency in the use of
artificial intelligence.</DELETED>
<DELETED> (b) Duties.--The duties of the AI CoE shall include--
</DELETED>
<DELETED> (1) regularly convening individuals from agencies,
industry, Federal laboratories, nonprofit organizations,
institutions of higher education, and other entities to discuss
recent developments in artificial intelligence, including the
dissemination of information regarding programs, pilots, and
other initiatives at agencies, as well as recent trends and
relevant information on artificial intelligence;</DELETED>
<DELETED> (2) advising Federal Government acquisition and
use of artificial intelligence through technical insight and
expertise, as needed;</DELETED>
<DELETED> (3) assisting agencies in applying the management
and use of data in applications of artificial
intelligence;</DELETED>
<DELETED> (4) identifying and disseminating information
regarding educational and workforce development opportunities
for agency employees relative to artificial intelligence
topics, and leading those opportunities, as needed;</DELETED>
<DELETED> (5) studying economic, policy, legal, and ethical
challenges and implications related to the use of artificial
intelligence by the Federal Government, including how the
privacy, civil liberties, and civil rights of individuals are
or will be affected by the use of artificial intelligence by
the Federal Government;</DELETED>
<DELETED> (6) encouraging and assisting joint initiatives
with State or local governments, regional organizations,
private businesses, institutions of higher education, nonprofit
organizations, and Federal laboratories to advance the
innovative use of artificial intelligence in government;
and</DELETED>
<DELETED> (7) assisting relevant agencies in developing and
maintaining plans for the governance of agency artificial
intelligence systems.</DELETED>
<DELETED> (c) Staff.--</DELETED>
<DELETED> (1) In general.--The Administrator shall provide
necessary staff, resources, and administrative support for the
AI CoE.</DELETED>
<DELETED> (2) Temporary or term appointments.--The
Administrator may hire temporary or term employees in
accordance with part 316 of title 5, Code of Federal
Regulations, or any successor regulation, to serve as AI CoE
employees.</DELETED>
<DELETED> (3) Fellows.--The Administrator may, to the
maximum extent practicable, appoint fellows to participate in
the AI CoE from nonprofit organizations, think tanks,
institutions of higher education, and industry.</DELETED>
<DELETED> (4) Details.--When appropriate, and to the maximum
extent practicable, the Administrator may detail AI CoE
employees to agencies on a reimbursable or non-reimbursable
basis in accordance with section 3341 of title 5, United States
Code.</DELETED>
<DELETED> (d) Report to Congress.--The Administrator shall submit to
Congress an annual report on the AI CoE, which shall include, for the
preceding year--</DELETED>
<DELETED> (1) a summary of the activity of the AI CoE,
including a description of specific projects worked on in
partnership with agencies;</DELETED>
<DELETED> (2) recommendations on ways in which agencies can
better support the development and deployment of artificial
intelligence, including initiatives designed to promote
knowledge of those technologies among the Federal workforce;
and</DELETED>
<DELETED> (3) an identification of joint initiatives
encouraged or assisted under subsection (b)(6).</DELETED>
<DELETED> (e) Transfer of Functions.--All functions of the Emerging
Citizen Technology Office of the Administration, including the
personnel, assets, and obligations of the Emerging Citizen Technology
Office, as in existence before the date of enactment of this Act, shall
be transferred to the AI CoE.</DELETED>
<DELETED> (f) Deeming of Name.--Any reference in law, regulation,
document, paper, or other record of the United States to the Emerging
Citizen Technology Office of the Administration shall be deemed a
reference to the AI CoE.</DELETED>
<DELETED>SEC. 4. AGENCY GOVERNANCE PLANS FOR ARTIFICIAL INTELLIGENCE
SYSTEMS.</DELETED>
<DELETED> (a) Guidance.--In order to develop a clear and
comprehensive understanding of how artificial intelligence can be used
to deliver benefits to citizens of the United States while mitigating
risks, the Director, in coordination with the Administrator, the head
of any relevant agency as determined by the Director, and key
stakeholders, shall issue a memorandum to the head of each agency that
shall--</DELETED>
<DELETED> (1) inform the development of artificial
intelligence governance approaches by those agencies regarding
technologies and applications that--</DELETED>
<DELETED> (A) are empowered or enabled by the use of
artificial intelligence within that agency;
and</DELETED>
<DELETED> (B) advance the innovative use of
artificial intelligence for the benefit of the public
while upholding civil liberties, privacy, and civil
rights;</DELETED>
<DELETED> (2) consider ways to reduce barriers to the use of
artificial intelligence in order to promote innovative
application of those technologies for the benefit of the
public, while protecting civil liberties, privacy, and civil
rights;</DELETED>
<DELETED> (3) establish best practices for identifying,
assessing, and mitigating any bias on the basis of any
classification protected under Federal nondiscrimination laws
or other negative unintended consequence stemming from the use
of artificial intelligence systems; and</DELETED>
<DELETED> (4) provide a template of the required contents of
the agency Governance Plans described in subsection
(b).</DELETED>
<DELETED> (b) Agency Governance Plans.--Not later than 180 days
after the date on which the memorandum is issued under subsection (a),
the head of each agency shall--</DELETED>
<DELETED> (1) review the applications of artificial
intelligence at the agency;</DELETED>
<DELETED> (2) identify and prioritize applications of
artificial intelligence that would significantly benefit the
public while upholding civil liberties, privacy, and civil
rights; and</DELETED>
<DELETED> (3) submit to the Director and the Administrator a
Governance Plan to achieve consistency with the
memorandum.</DELETED>
<DELETED> (c) Public Availability.--Each agency described in
subsection (b) shall--</DELETED>
<DELETED> (1) not later than 1 year after the date on which
the head of the agency submits the Governance Plan of the
agency under subsection (b), and each year thereafter, update
the Governance Plan pursuant to any change in the factors
described in (a)(1);</DELETED>
<DELETED> (2) solicit public feedback during the development
of the Governance Plan in the form of public hearings and
online submission of comments; and</DELETED>
<DELETED> (3) make available each Governance Plan centrally
available in a machine-readable format at a publicly available
online portal on the website of the agency.</DELETED>
<DELETED> (d) Central Online Governance Plans Portal.--</DELETED>
<DELETED> (1) In general.--The Administrator shall maintain
a single public interface online to compile published agency
Governance Plans in accordance with subsection (c).</DELETED>
<DELETED> (2) Submission of links.--The Administrator and
the Director shall ensure that agencies can submit links, with
appropriate descriptive metadata, to the public Governance
Plans for publication and public availability on the interface
described in paragraph (1).</DELETED>
<DELETED>SEC. 5. ADVISORY BOARD.</DELETED>
<DELETED> (a) In General.--The Administrator shall establish an
advisory board to advise the Administrator on issues that are relevant
to the mission and duties of the AI CoE and to inform the priorities
and projects worked on by the AI CoE.</DELETED>
<DELETED> (b) Composition.--</DELETED>
<DELETED> (1) Chair.--The Director shall serve as Chair of
the Board.</DELETED>
<DELETED> (2) Other members.--The Board shall be composed of
the following members:</DELETED>
<DELETED> (A) One designee from each of the
following:</DELETED>
<DELETED> (i) The Office of Science and
Technology Policy.</DELETED>
<DELETED> (ii) The Department of
Commerce.</DELETED>
<DELETED> (B) Six designees from agencies not listed
in subparagraph (A), who shall be designated by the
Chair of the Board once every 12 months.</DELETED>
<DELETED> (C) Eight members designated by the Chair
of the Board once every 6 months, of whom--</DELETED>
<DELETED> (i) four shall be representatives
of relevant industries;</DELETED>
<DELETED> (ii) two shall be representatives
of institutions of higher education;
and</DELETED>
<DELETED> (iii) two shall be representatives
of public interest groups representing civil
liberties, privacy, and civil rights
issues.</DELETED>
<DELETED> (3) Qualifications.--Each member of the Board
designated under subparagraph (B) or (C) of paragraph (2) shall
have demonstrated experience and expertise in the field of
artificial intelligence.</DELETED>
<DELETED> (c) Meetings.--The Board shall meet not less frequently
than once every 12 months.</DELETED>
<DELETED> (d) Annual List.--Each year, the Board shall publish on a
publicly available website a list of areas of improvement within the
Federal Government that would benefit from additional technical or
technical policy expertise.</DELETED>
<DELETED> (e) Compensation.--Members of the Board shall serve on the
Board without compensation, except that members of the Board may be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Board.</DELETED>
<DELETED> (f) Duration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Board.</DELETED>
<DELETED>SEC. 6. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL
INTELLIGENCE.</DELETED>
<DELETED> Not later than 180 days after the date of enactment of
this Act, and in accordance with chapter 51 of title 5, United States
Code, the Director of the Office of Personnel Management shall--
</DELETED>
<DELETED> (1) identify key skills and competencies needed
for positions related to artificial intelligence; and</DELETED>
<DELETED> (2) establish an occupational series, or update
and improve an existing occupational job series, to include
positions the primary duties of which relate to artificial
intelligence.</DELETED>
<DELETED>SEC. 7. SUNSET.</DELETED>
<DELETED> Sections 3 and 5 of this Act shall cease to be effective
on the date that is 5 years after the date of enactment of this
Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AI in Government Act of 2019''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administrator'' means the Administrator of
General Services;
(2) the term ``agency'' has the meaning given the term in
section 3502 of title 44, United States Code;
(3) the term ``AI CoE'' means the AI Center of Excellence
described in section 3;
(4) the term ``artificial intelligence'' has the meaning
given the term in section 238(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358
note);
(5) the term ``Director'' means the Director of the Office
of Management and Budget;
(6) the term ``institution of higher education'' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); and
(7) the term ``nonprofit organization'' means an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of that Code.
SEC. 3. AI CENTER OF EXCELLENCE.
(a) In General.--There is created within the General Services
Administration an office to be known as the ``AI Center of
Excellence'', which shall--
(1) promote the efforts of the Federal Government in
developing innovative uses of and acquiring artificial
intelligence technologies by the Federal Government;
(2) improve cohesion and competency in the adoption and use
of artificial intelligence within the Federal Government; and
(3) carry out paragraphs (1) and (2) for the purposes of
benefitting the public and enhancing the productivity and
efficiency of Federal Government operations.
(b) Duties.--The duties of the AI CoE shall include--
(1) regularly convening individuals from agencies,
industry, Federal laboratories, nonprofit organizations,
institutions of higher education, and other entities to discuss
recent developments in artificial intelligence, including the
dissemination of information regarding programs, pilots, and
other initiatives at agencies, as well as recent trends and
relevant information on the understanding, adoption, and use of
artificial intelligence;
(2) collecting, aggregating, and publishing on a publicly
available website information regarding programs, pilots, and
other initiatives led by other agencies and any other
information determined appropriate by the Administrator;
(3) advising the Administrator, the Director, and agencies
on the acquisition and use of artificial intelligence through
technical insight and expertise, as needed;
(4) assisting agencies in the procurement and technical
application of artificial intelligence and applying Federal
policies regarding the management and use of data in
applications of artificial intelligence;
(5) consulting with agencies, including the Department of
Defense, the Department of Commerce, the Department of Energy,
the Department of Homeland Security, the Office of Management
and Budget, and the National Science Foundation, that operate
programs, create standards and guidelines, or otherwise fund
internal projects or coordinate between the public and private
sectors relating to artificial intelligence;
(6) advising the Director on developing policy related to
the use of artificial intelligence by agencies; and
(7) advising the Director of the Office of Science and
Technology Policy on developing policy related to research and
national investment in artificial intelligence.
(c) Staff.--
(1) In general.--The Administrator shall provide necessary
staff, resources, and administrative support for the AI CoE.
(2) Temporary or term appointments.--The Administrator may
hire temporary or term employees in accordance with part 316 of
title 5, Code of Federal Regulations, or any successor
regulation, to serve as AI CoE employees.
(3) Fellows.--The Administrator may, to the maximum extent
practicable, appoint fellows to participate in the AI CoE from
nonprofit organizations, think tanks, institutions of higher
education, and industry.
(4) Details.--When appropriate, and to the maximum extent
practicable, the Administrator may detail AI CoE employees to
agencies on a reimbursable or non-reimbursable basis in
accordance with section 3341 of title 5, United States Code.
(d) Briefing to Congress.--The Administrator shall, on an annual
basis, brief the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and Reform of the
House of Representatives on an overview of the activities supported by
the AI CoE, which shall include, for the preceding year--
(1) a summary of the activity of the AI CoE, including a
description of specific projects and acquisitions worked on in
partnership with agencies;
(2) recommendations on ways in which agencies can continue
to support the adoption of artificial intelligence; and
(3) any other information determined relevant by the
Administrator.
(e) Sunset.--This section shall cease to be effective on the date
that is 10 years after the date of enactment of this Act.
SEC. 4. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.
(a) Guidance.--Not later than 270 days after the date of enactment
of this Act, the Director, in coordination with the Director of the
Office of Science and Technology Policy and in consultation with the
Administrator and any other relevant agencies and key stakeholders as
determined by the Director, shall issue a memorandum to the head of
each agency that shall--
(1) inform the development of policies regarding Federal
acquisition and use by agencies regarding technologies that are
empowered or enabled by artificial intelligence;
(2) recommend approaches to remove barriers for use by
agencies of artificial intelligence technologies in order to
promote the innovative application of those technologies while
protecting civil liberties, privacy, civil rights, and economic
and national security; and
(3) identify best practices for identifying, assessing, and
mitigating any discriminatory impact or bias on the basis of
any classification protected under Federal nondiscrimination
laws, or any unintended consequence of the use of artificial
intelligence by the Federal Government.
(b) Public Comment.--To help ensure public trust in the
applications of artificial intelligence technologies, the Director
shall issue a draft version of the memorandum required under subsection
(a) for public comment not later than 180 days after date of enactment
of this Act.
(c) Plans.--Not later than 180 days after the date on which the
Director issues the memorandum required under subsection (a), the head
of each agency that uses or anticipates using artificial intelligence
shall submit to the Director and post on a publicly available page on
the website of the agency a plan to achieve consistency with the
memorandum.
(d) Updates.--Not later than 2 years after the date on which the
Director issues the memorandum required under subsection (a), and every
2 years thereafter for 10 years, the Director shall issue updates to
the memorandum.
SEC. 5. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL INTELLIGENCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and in accordance with chapter 51 of title 5, United
States Code, the Director of the Office of Personnel Management shall--
(1) identify key skills and competencies needed for
positions related to artificial intelligence;
(2) establish an occupational series, or update an existing
occupational job series, to include positions the primary
duties of which relate to artificial intelligence;
(3) establish an estimate of the number of Federal
employees in positions related to artificial intelligence, by
each agency; and
(4) using the estimate established in paragraph (3),
prepare a 3-year and 10-year forecast of the number of Federal
employees in positions related to artificial intelligence that
each agency will need to employ.
(b) Plan.--Not later than 120 days after the date of enactment of
this Act, the Director of the Office of Personnel Management shall
submit to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Reform of the House of
Representatives a comprehensive plan with a timeline to complete
requirements described in subsection (a).
Calendar No. 456
116th CONGRESS
2d Session
S. 1363
[Report No. 116-225]
_______________________________________________________________________
A BILL
To authorize an AI Center of Excellence within the General Services
Administration, and for other purposes.
_______________________________________________________________________
June 1, 2020
Reported with an amendment
AI in Government Act of 2019
#1363 | S Congress #116
Policy Area: Government Operations and Politics
Subjects: Administrative law and regulatory proceduresAdvanced technology and technological innovationsAdvisory bodiesComputers and information technologyCongressional oversightEmployment and training programsExecutive agency funding and structureGeneral Services AdministrationGovernment employee pay, benefits, personnel managementGovernment information and archivesPublic-private cooperation
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 456. (6/1/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text