[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4468 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4468

To amend chapter 3 of title 5, United States Code, to require Executive 
  agencies to establish and implement an AI strategy, objectives, and 
metrics plan for trustworthy artificial intelligence adoption to better 
achieve the missions of such agencies to serve the people of the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2021

  Mrs. Carolyn B. Maloney of New York introduced the following bill; 
      which was referred to the Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
To amend chapter 3 of title 5, United States Code, to require Executive 
  agencies to establish and implement an AI strategy, objectives, and 
metrics plan for trustworthy artificial intelligence adoption to better 
achieve the missions of such agencies to serve the people of the United 
                    States, 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 ``Artificial Intelligence for Agency 
Impact Act'' or the ``AI for Agency Impact Act''.

SEC. 2. AI STRATEGY, OBJECTIVES, AND METRICS PLANS.

    (a) Amendment.--Chapter 3 of title 5, United States Code, is 
amended by adding at the end the following new subchapter:

               ``SUBCHAPTER III--ARTIFICIAL INTELLIGENCE

``Sec. 321. Definitions
    ``In this subchapter:
            ``(1) Agency.--The term `agency' has the meaning given that 
        term in paragraph (1) section 3502 of title 44, United States 
        Code, except that term shall not include independent regulatory 
        agencies (as defined in paragraph (5) of such section).
            ``(2) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Oversight and Reform of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.
            ``(3) Artificial intelligence.--The term `artificial 
        intelligence' has the meaning given that term in section 238(g) 
        of the John S. McCain National Defense Authorization Act for 
        Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note).
            ``(4) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(5) Reliability.--The term `reliability' means, with 
        respect to the artificial intelligence, the extent to which--
                    ``(A) data collected for use by the artificial 
                intelligence is a valid measure of the underlying 
                concepts addressed in the objectives of using the 
                artificial intelligence;
                    ``(B) the safety, security, and robustness has been 
                tested and assured across each phase of development and 
                use of the artificial intelligence according to defined 
                objectives;
                    ``(C) data records and fields are present and 
                sufficiently populated; and
                    ``(D) data records reflect the actual underlying 
                information.
            ``(6) Representativeness.--The term `representativeness' 
        means the extent to which data sets used for training the 
        artificial intelligence is representative of the population or 
        operational environment to be assessed by the artificial 
        intelligence.
``Sec. 322. AI Strategy, Objectives, and Metrics Plan
    ``(a) AI Strategy, Objectives, and Metrics Plan.--The head of each 
agency shall establish an AI Strategy, Objectives, and Metrics Plan 
that contains strategies, objectives, and metrics for the trustworthy 
adoption of artificial intelligence by the agency to better achieve the 
mission of the agency to serve the people of the United States, 
including the following:
            ``(1) Defined roles, responsibilities, and delegation of 
        authority for the use and oversight of artificial intelligence 
        used by the agency, including oversight of compliance with 
        relevant laws, regulations, standards, and guidance.
            ``(2) Defined values, ethics, and principles to foster 
        public trust and responsible use of artificial intelligence by 
        the agency.
            ``(3) Procedures--
                    ``(A) to ensure the security and privacy of data 
                used by artificial intelligence used by the agency; and
                    ``(B) for human supervision of, and accountability 
                for, artificial intelligence used by the agency.
            ``(4) For each artificial intelligence used by the agency 
        at the time the plan is established--
                    ``(A) performance objectives and accompanying 
                metrics that clearly reflect or convey the intended 
                purpose of the artificial intelligence;
                    ``(B) a process--
                            ``(i) for the continuous or routine 
                        monitoring and assessment the performance of 
                        the artificial intelligence against the 
                        objectives and metrics established for the 
                        artificial intelligence under subparagraph (A) 
                        to ensure that the artificial intelligence 
                        functions as intended and carries out the goals 
                        and objectives of using the artificial 
                        intelligence; and
                            ``(ii) that includes a plan to 
                        systematically identify, analyze, and mitigate 
                        any risks associated with the artificial 
                        intelligence; and
                    ``(C) documentation demonstrating that the 
                artificial intelligence relies on high quality, 
                reliable, representative data, including--
                            ``(i) the sources and origins of data used 
                        to train each artificial intelligence; and
                            ``(ii) assessments of the reliability, 
                        quality, and representativeness of--
                                    ``(I) data used to train the 
                                artificial intelligence;
                                    ``(II) attributes used to 
                                categorize data;
                                    ``(III) data variables used by the 
                                artificial intelligence; and
                                    ``(IV) interconnectivities and 
                                dependencies of data streams that 
                                operationalize the artificial 
                                intelligence; and
                            ``(iii) a description of the range of data 
                        and model drift that is acceptable for each 
                        artificial intelligence.
            ``(5) Performance objectives and accompanying metrics, for 
        each opportunity identified by the agency to incorporate the 
        use of artificial intelligence into the platforms, processes, 
        and operations of the agency.
            ``(6) A description of how artificial intelligence used by 
        the agency are monitored, including a description of any 
        actions taken to correct the functioning or performance of the 
        artificial intelligence.
            ``(7) A description of how information on the design, 
        operation, limitations, and updates of the artificial 
        intelligence is made available to the public.
    ``(b) Relationship to Executive Order 13859, Memoranda.--A plan 
developed under subsection (a) by an agency shall be consistent with--
            ``(1) section 3 of Executive Order 13960 (89 Fed. Reg. 
        13859) titled `Promoting the Use of Trustworthy Artificial 
        Intelligence in the Federal Government', issued on December 8, 
        2020; and
            ``(2) the memorandum issued by the Director to the agency 
        under section 104 of the AI in Government Act of 2020 (Public 
        Law 116-260; 40 U.S.C. 11301 note).
    ``(c) Reports.--
            ``(1) Initial report.--Not later than 180 days after the 
        memorandum required by section 104(a) of the AI in Government 
        Act of 2020 (Public Law 116-260; 40 U.S.C. 11301 note) is 
        issued, the head of each agency shall submit to the Director, 
        the Inspector General of the agency, and the appropriate 
        congressional committees a report that contains--
                    ``(A) the AI Strategy, Objectives, and Metrics Plan 
                established by the agency under subsection (a);
                    ``(B) an inventory (including a catalogue of model 
                and non-model components, specifications, and 
                parameters) of all artificial intelligence in use by 
                the agency, in accordance with the guidance issued 
                under paragraph (3); and
                    ``(C) a description and assessment of opportunities 
                to incorporate the use artificial intelligence into the 
                platforms, processes, and operations of the agency to 
                enhance the effectiveness of the agency in 
                accomplishing the mission, operations, and programs of 
                the agency.
            ``(2) Progress reports.--In 2023, and every two years 
        thereafter until 2033, the head of each agency shall submit to 
        the Director and the appropriate congressional committees a 
        report--
                    ``(A) on the implementation of the AI Strategy, 
                Objectives, and Metrics Plan established by the agency 
                under subsection (a); and
                    ``(B) that identifies and assesses any 
                opportunities for, and risks any associated with, the 
                use, or potential use, of artificial intelligence by 
                the agency.
            ``(3) Agency inventory guidance.--Not later than 30 days 
        after the date of the enactment of this Act, the Chief 
        Information Officers Council shall issue, and make publicly 
        available, guidance that includes the criteria, format, and 
        mechanisms for the inventory required to be included in the 
        report under paragraph (1).
            ``(4) Reporting reciprocity.--The reports required by 
        paragraphs (1) and (2) shall fulfill the requirements of the AI 
        in Government Act of 2020 (Public Law 116-260; 40 U.S.C. 11301 
        note) and subsections (b) and (c) of section 5 of Executive 
        Order 13960 (89 Fed. Reg. 13859) titled `Promoting the Use of 
        Trustworthy Artificial Intelligence in the Federal Government', 
        issued on December 8, 2020, and shall include all information 
        required by such provisions.
    ``(d) Consultation.--In developing a plan required to be submitted 
under subsection (a) and the reports required by subsection (c), the 
head of the agency shall consult with the National Cyber Director and 
the heads of the National Artificial Intelligence Initiative Office, 
the National Artificial Intelligence Advisory Committee, the Artificial 
Intelligence Center of Excellence.
    ``(e) Classified Annex.--The reports required by paragraphs (1) and 
(2) of subsection (b) shall be made publicly available upon submission 
to the entities described in such paragraphs, but such reports may 
include a classified annex.
    ``(f) Rule of Construction.--Nothing in this subchapter may be 
construed as authorizing the use by agencies of, or an appropriation 
for, artificial intelligence.''.
    (b) Clerical Amendment.--The table of contents for chapter 3 of 
title 5, United States Code, is amended by adding after the item 
relating to section 315 the following:

                ``subchapter iii--artificial intelligence

``321. Definitions
``322. AI strategy, objectives, and metrics plans required''.
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