[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3771 Introduced in Senate (IS)]

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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 
                 Intelligence, 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 Federal Advisory 
     Committee on the Development and Implementation of Artificial 
                 Intelligence, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fundamentally Understanding the 
Usability and Realistic Evolution of Artificial Intelligence Act of 
2020'' or the ``FUTURE of Artificial Intelligence Act of 2020''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) understanding and preparing for the ongoing development 
        of artificial intelligence is critical to the economic 
        prosperity and social stability of the United States;
            (2) as artificial intelligence evolves, it can greatly 
        benefit society by powering the information economy, fostering 
        better informed decisions and helping unlock answers to 
        questions that, as of the date of the enactment of this Act, 
        are unanswerable;
            (3) for the reasons set forth in paragraph (2), it is 
        beneficial to better understand artificial intelligence and 
        foster the development of artificial intelligence in a manner 
        that maximizes its benefit to society; and
            (4) it is critical that the priorities of the advisory 
        committee established under section 3(a)(1) include developing 
        guidance or recommendations--
                    (A) to promote a climate of investment and 
                innovation to ensure the global competitiveness of the 
                United States;
                    (B) to optimize the development of artificial 
                intelligence to address the potential growth, 
                restructuring, or other changes in the United States 
                workforce that result from the development of 
                artificial intelligence, with particular attention to 
                traditionally underrepresented populations that may be 
                uniquely impacted;
                    (C) to promote and support the unbiased development 
                and application of artificial intelligence; and
                    (D) to protect the privacy rights of individuals.

SEC. 3. ESTABLISHMENT OF FEDERAL ADVISORY COMMITTEE ON THE DEVELOPMENT 
              AND IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE.

    (a) Establishment.--
            (1) In general.--The Secretary of Commerce shall establish 
        a Federal advisory committee to advise the Secretary on matters 
        relating to the development of artificial intelligence.
            (2) Designation.--The Federal advisory committee 
        established under paragraph (1) shall be known as the ``Federal 
        Advisory Committee on the Development and Implementation of 
        Artificial Intelligence'' (in this section referred to as the 
        ``Advisory Committee'').
    (b) Purposes of the Advisory Committee.--
            (1) Advice.--The Advisory Committee shall provide advice to 
        the Secretary on matters relating to the development and use of 
        artificial general intelligence and narrow artificial 
        intelligence, including on the following as they relate to 
        artificial intelligence:
                    (A) The competitiveness of the United States, 
                including matters relating to the promotion of public 
                and private sector investment and innovation into the 
                development of artificial intelligence.
                    (B) Workforce, including matters relating to the 
                potential for using artificial intelligence for rapid 
                retraining of workers, due to the possible effect of 
                technological displacement and to increase the labor 
                force participation of traditionally underrepresented 
                populations, including minorities, low-income 
                populations, and persons with disabilities.
                    (C) Education, including matters relating to 
                science, technology, engineering, and mathematics 
                education to prepare the United States workforce as the 
                needs of employers change.
                    (D) Ethics training and development for 
                individuals, including both private and government 
                technologists, working on and using artificial 
                intelligence.
                    (E) Matters relating to open sharing of data and 
                the open sharing of research on artificial 
                intelligence.
                    (F) International cooperation and competitiveness, 
                including matters relating to the competitive 
                international landscape for artificial intelligence-
                related industries.
                    (G) Accountability and legal rights, including 
                matters relating to the responsibility for any 
                violations of laws by an artificial intelligence system 
                and the compatibility of international regulations.
                    (H) Matters relating to machine learning bias 
                through core cultural and societal norms.
                    (I) Matters relating to how artificial intelligence 
                can serve or enhance opportunities in rural 
                communities.
                    (J) Government efficiency, including matters 
                relating to how to promote cost saving and streamline 
                operations.
                    (K) Matters relating to individual civil rights, 
                including an assessment regarding how rights are or 
                will be affected by the use of artificial intelligence 
                technology and whether such uses should be subject to 
                additional controls, oversight, or limitations.
                    (L) Matters relating to urbanization and the 
                development of smart cities.
            (2) Study.--The Advisory Committee shall study and assess 
        the following:
                    (A) How the term ``artificial intelligence'' should 
                be defined for purposes of this section and how the 
                relevant scope of the Advisory Committee should be 
                defined, including how such definitions relate to 
                artificial systems and both narrow and general forms of 
                artificial intelligence. In carrying out this 
                subparagraph, the Advisory Committee shall consider the 
                following:
            ``(1) The term `artificial intelligence' includes the 
        following:
                    ``(A) Any artificial systems that perform tasks 
                under varying and unpredictable circumstances, without 
                significant human oversight, or that can learn from 
                their experience and improve their performance. Such 
                systems may be developed in computer software, physical 
                hardware, or other contexts not yet contemplated. They 
                may solve tasks requiring human-like perception, 
                cognition, planning, learning, communication, or 
                physical action. In general, the more human-like the 
                system within the context of its tasks, the more it can 
                be said to use artificial intelligence.
                    ``(B) Systems that think like humans, such as 
                cognitive architectures and neural networks.
                    ``(C) Systems that act like humans, such as systems 
                that can pass the Turing test or other comparable test 
                via natural language processing, knowledge 
                representation, automated reasoning, and learning.
                    ``(D) A set of techniques, including machine 
                learning, that seek to approximate some cognitive task.
                    ``(E) Systems that act rationally, such as 
                intelligent software agents and embodied robots that 
                achieve goals via perception, planning, reasoning, 
                learning, communicating, decisionmaking, and acting.
            ``(2) The term `artificial general intelligence' means a 
        notional future artificial intelligence system that exhibits 
        apparently intelligent behavior at least as advanced as a 
        person across the range of cognitive, emotional, and social 
        behaviors.
            ``(3) The term `narrow artificial intelligence' means an 
        artificial intelligence system that addresses specific 
        application areas such as playing strategic games, language 
        translation, self-driving vehicles, and facial or other image 
        recognition.''.
                    (B) How to create a climate for public and private 
                sector investment and innovation in artificial 
                intelligence.
                    (C) The possible benefits and effects that the 
                development of artificial intelligence may have on the 
                economy, workforce, and competitiveness of the United 
                States.
                    (D) Whether and how networked, automated, 
                artificial intelligence applications and robotic 
                devices will displace or create jobs and how any job-
                related gains relating to artificial intelligence can 
                be maximized.
                    (E) How bias can be identified and eliminated in 
                the development of artificial intelligence and in the 
                algorithms that support them, including with respect to 
                the following:
                            (i) The selection and processing of data 
                        used to train artificial intelligence.
                            (ii) Diversity in the development of 
                        artificial intelligence.
                            (iii) The ways and places the systems are 
                        deployed and the potential harmful outcomes.
                    (F) Whether and how to incorporate ethical 
                standards in the development and implementation of 
                artificial intelligence.
                    (G) How the Federal Government can encourage 
                technological progress in implementation of artificial 
                intelligence that benefits the full spectrum of social 
                and economic classes.
                    (H) How the privacy rights of individuals are or 
                will be affected by technological innovation relating 
                to artificial intelligence.
                    (I) Whether technological advancements in 
                artificial intelligence have or will outpace the legal 
                and regulatory regimes implemented to protect 
                consumers.
                    (J) How existing laws, including those concerning 
                data access and privacy, should be modernized to enable 
                the potential of artificial intelligence.
                    (K) How the Federal Government utilizes artificial 
                intelligence to handle large or complex data sets.
                    (L) How ongoing dialogues and consultations with 
                multi-stakeholder groups can maximize the potential of 
                artificial intelligence and further development of 
                artificial intelligence technologies that can benefit 
                everyone inclusively.
                    (M) How the development of artificial intelligence 
                can affect cost savings and streamline operations in 
                various areas of government operations, including 
                health care, cybersecurity, infrastructure, and 
                disaster recovery.
                    (N) Such other matters as the Advisory Committee 
                considers appropriate.
            (3) Reports and recommendations.--
                    (A) Report by advisory committee.--Not later than 
                540 days after the date of the enactment of this Act, 
                the Advisory Committee shall submit to the Secretary 
                and to Congress a report on the findings of the 
                Advisory Committee and such recommendations as the 
                Advisory Committee may have for administrative or 
                legislative action relating to artificial intelligence.
                    (B) Recommendations of secretary.--Not later than 
                90 days after receiving the report submitted under 
                subparagraph (A), the Secretary shall review the report 
                and submit to Congress such recommendations as the 
                Secretary may have with respect to the matters 
                contained in the report submitted under subparagraph 
                (A).
    (c) Membership.--
            (1) Voting members.--
                    (A) In general.--The Advisory Committee shall be 
                composed of 19 voting members who shall be appointed by 
                the Secretary, with advisement from the Chair and 
                Ranking Member of the Committee on Commerce, Science, 
                and Transportation of the Senate and the Chair and 
                Ranking Member of the Committee on Energy and Commerce 
                of the House of Representatives, for purposes of the 
                Advisory Committee from among individuals with 
                expertise in matters relating to workforce development, 
                ethics, privacy, artificial intelligence, or computer 
                science.
                    (B) Representation.--In carrying out subparagraph 
                (A), the Secretary shall ensure that voting members are 
                appointed as follows:
                            (i) Five members from the academic or 
                        research community.
                            (ii) Six members from private industry, at 
                        least one of whom shall be from a small 
                        business concern.
                            (iii) Six members from civil society, at 
                        least two of whom shall be from groups that 
                        advocate for civil liberties or civil rights.
                            (iv) Two members from labor organizations 
                        or groups, including those that represent the 
                        unique interests of traditionally 
                        underrepresented populations.
                    (C) Geographical diversity.--In carrying out 
                subparagraph (A), the Secretary shall ensure that the 
                voting members of the Advisory Committee come from 
                diverse geographical locations within the United 
                States.
            (2) Nonvoting members.--The Advisory Committee shall also 
        be composed of such nonvoting members as the Secretary 
        considers appropriate, except that the Secretary shall appoint 
        at least one such member from each of the following:
                    (A) The Department of Education.
                    (B) The Department of Justice.
                    (C) The Department of Labor.
                    (D) The Department of Transportation.
                    (E) The Department of Homeland Security.
                    (F) The Federal Trade Commission.
                    (G) The National Institute of Standards and 
                Technology.
                    (H) The National Science Foundation.
                    (I) The National Science and Technology Council.
                    (J) The intelligence community (as defined in 
                section 3 of the National Security Act of 1947 (50 
                U.S.C. 3003)).
                    (K) The Privacy and Civil Liberties Oversight 
                Board.
                    (L) Such other nonvoting members as the voting 
                members of the Advisory Committee consider appropriate.
            (3) Chairperson.--The Secretary shall appoint a chairperson 
        for the Advisory Committee from among the members appointed 
        under paragraph (1).
    (d) Meetings.--The Advisory Committee shall meet--
            (1) in person no less frequently than twice each year; and
            (2) via telepresence no less frequently than once every 2 
        months.
    (e) Subcommittee on Artificial Intelligence and Law Enforcement and 
Security.--
            (1) Establishment.--The chairperson of the Advisory 
        Committee shall establish a subcommittee on matters relating to 
        the development of artificial intelligence relating to law 
        enforcement and security matters.
            (2) Advice.--The subcommittee shall provide advice to the 
        Secretary on matters relating to the development of artificial 
        intelligence relating to law enforcement and security matters, 
        including advice on the following:
                    (A) Bias, including whether the use of facial 
                recognition by government authorities, including law 
                enforcement agencies, is taking into account ethical 
                considerations and addressing whether such use should 
                be subject to additional oversight, controls, and 
                limitations.
                    (B) Security of data, including law enforcement's 
                access to data and the security parameters for that 
                data.
                    (C) Adoptability, including methods to allow the 
                United States Government and industry to take advantage 
                of artificial intelligence technologies such as facial 
                recognition technology while at the same time ensuring 
                the potential abuse of such technologies is 
                sufficiently mitigated.
                    (D) Legal standards, including whether 
                technological advancements in artificial intelligence 
                have or will outpace the legal and regulatory regimes 
                implemented to protect consumers, including the tools, 
                training, and resources that could be used by 
                government, including law enforcement agencies, to 
                adapt to the use of artificial intelligence 
                technologies including facial recognition consistent 
                with the privacy rights and civil liberties issues 
                raised by the use of these technologies.
            (3) Membership.--The subcommittee shall be composed of 9 
        members selected by the chairperson as follows:
                    (A) Three members from the law enforcement 
                community.
                    (B) Two members from groups that advocate for civil 
                liberties or civil rights.
                    (C) Two members from private industry.
                    (D) Two members from the private security 
                community.
    (f) Powers.--In order to carry out its duties under subsection (b), 
the Advisory Committee may--
            (1) hold such hearings, sit and act at such times and 
        places, take such testimony, and receive such evidence as the 
        Advisory Committee considers appropriate;
            (2) submit to Congress such recommendations as the Advisory 
        Committee considers appropriate;
            (3) submit to Federal agencies such recommendations as the 
        Advisory Committee considers appropriate;
            (4) issue reports, guidelines, and memoranda;
            (5) hold or host conferences and symposia;
            (6) enter into cooperative agreements with third-party 
        experts to obtain relevant advice or expertise, and oversee 
        staff;
            (7) establish subcommittees; and
            (8) establish rules of procedure.
    (g) Travel Expenses.--The members of the Advisory Committee shall 
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 
Advisory Committee.
    (h) Funding.--
            (1) In general.--Except as provided in paragraph (2), 
        amounts to carry out this section shall be derived from amounts 
        appropriated or otherwise made available to the Secretary.
            (2) Donations.--
                    (A) Authorization.--The Advisory Committee may 
                solicit and accept donations from private persons and 
                non-Federal entities to carry out this section.
                    (B) Limitation.--Of the amounts expended by the 
                Advisory Committee in a fiscal year to carry out this 
                section, not more than half may be derived from amounts 
                received under subparagraph (A).
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