[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