[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1353 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1353

To promote United States values and fulfill agency missions through the 
use of innovative applied artificial intelligence technologies, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2021

  Mr. Peters introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To promote United States values and fulfill agency missions through the 
use of innovative applied artificial intelligence technologies, 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 ``Advancing American AI Act''.

SEC. 2. PURPOSE.

    The purposes of this bill are to--
            (1) promote adoption of modernized business practices and 
        advanced technologies across the Federal Government that align 
        with the values of the United States, including the protection 
        of privacy, civil rights, and civil liberties;
            (2) encourage agency artificial intelligence-related 
        programs and initiatives that enhance the competitiveness of 
        the United States and foster an approach to artificial 
        intelligence that builds on the strengths of the United States 
        in innovation and entrepreneurialism;
            (3) enhance Government venues to translate research 
        advances into artificial intelligence applications to modernize 
        systems and assist agency leaders in fulfilling their missions;
            (4) test applied artificial intelligence to drive agency 
        productivity efficiencies in predictive supply chain and 
        logistics; and
            (5) test applied artificial intelligence to accelerate 
        investment return for agencies, such as for portfolio 
        management, workforce development and upskilling, and for other 
        purposes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502 of title 44, United States Code.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Reform of the 
                House of Representatives.
            (3) Artificial intelligence.--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).
            (4) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.

SEC. 4. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN 
              GOVERNMENT.

    (a) Continual Review.--
            (1) In general.--The Director shall--
                    (A) establish mechanisms to continually refine the 
                guidance issued to the head of each agency under 
                section 104(a) of the AI in Government Act of 2020 
                (title I of division U of Public Law 116-260) as best 
                practices evolve; and
                    (B) not later than 180 days after the date of 
                enactment of this Act and every year thereafter, brief 
                the appropriate congressional committees on the 
                mechanisms established under subparagraph (A).
            (2) Considerations.--In developing updates to the guidance 
        described in paragraph (1)(A), the Director shall consider the 
        input of--
                    (A) the Privacy and Civil Liberties Oversight 
                Board;
                    (B) other governmental and nongovernmental privacy, 
                civil rights, and civil liberties experts; and
                    (C) and any other individual or entity the Director 
                determines to be appropriate.
            (3) Amendment to ai in government act of 2020.--Section 
        104(d) of the AI in Government Act of 2020 (title I of division 
        U of Public Law 116-260) is amended to read as follows:
    ``(d) Updates.--The Director shall--
            ``(1) continually issue updates to the memorandum required 
        under subsection (a); and
            ``(2) in any event, issue updates to the memorandum 
        required under subsection (a)--
                    ``(A) not later than 2 years after the date on 
                which the Director issues the memorandum; and
                    ``(B) not less frequently than annually thereafter 
                for 10 years.''.
    (b) Legal and Approval Processes for Procurement and Use of AI-
Enabled Systems.--Not later than 180 days after the date of enactment 
of this Act--
            (1) the Secretary of Homeland Security, with the 
        participation of the Chief Privacy Officer and the Officer for 
        Civil Rights and Civil Liberties of the Department of Homeland 
        Security, shall revise the legal and approval processes for the 
        procurement and use of artificial intelligence-enabled systems, 
        including associated data of machine learning systems, to 
        ensure that full consideration is given to the privacy, civil 
        rights, and civil liberties impacts of artificial intelligence-
        enabled systems; and
            (2) the Chief Privacy Officer and the Officer for Civil 
        Rights and Civil Liberties of the Department of Homeland 
        Security shall report to Congress on any additional staffing or 
        funding resources that may be required to carry out the 
        requirements of this subsection.
    (c) Inspector General.--Not later than 180 days after the date of 
enactment of this Act, the Inspector General of the Department of 
Homeland Security shall identify any training needed to enable 
employees of the Office of the Inspector General to continually advance 
their understanding of--
            (1) rapidly evolving artificial intelligence technologies;
            (2) best practices for governance, oversight, and audits of 
        the use of those technologies; and
            (3) how the Office of the Inspector General is using 
        artificial intelligence to enhance audit and investigative 
        capabilities, including actions to--
                    (A) ensure the integrity of audit and investigative 
                results; and
                    (B) guard against bias in the selection and conduct 
                of audits and investigations.
    (d) Artificial Intelligence Hygiene and Protection of Privacy and 
Government Information.--
            (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator of the Office of 
        Federal Procurement Policy and the Chief Acquisition Officers 
        Council (in this subsection referred to as the ``Council'') or 
        working group thereof shall develop a process to--
                    (A) ensure that contracts involving artificial 
                intelligence--
                            (i) align with the guidance issued to the 
                        head of each agency under section 104(a) of the 
                        AI in Government Act of 2020 (title I of 
                        division U of Public Law 116-260);
                            (ii) address protection of privacy; and
                            (iii) the ownership and security of data 
                        and other information obtained, processed, 
                        stored, transmitted, or otherwise handled by a 
                        contractor or subcontractor; and
                    (B) address any other issue or concern determined 
                to be relevant by the Administrator of the Office of 
                Federal Procurement Policy and the Council to ensure 
                appropriate use and protection of privacy and 
                Government data and other information.
            (2) Review.--Not later than 2 years after the date of 
        enactment of this Act and every 2 years thereafter, the Council 
        shall update the process developed under paragraph (1).
            (3) Briefing.--The Council shall brief the appropriate 
        congressional committees--
                    (A) not later than 90 days after the date of 
                enactment of this Act and thereafter on a quarterly 
                basis until the Council first implements the process 
                developed under paragraph (1); and
                    (B) annually thereafter on the implementation of 
                the process developed under paragraph (1).
            (4) Sunset.--This subsection shall cease to be effective on 
        the date that is 10 years after the date of enactment of this 
        Act.

SEC. 5. AGENCY INVENTORY AND ARTIFICIAL INTELLIGENCE USE CASES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Director, in consultation with the Federal 
Chief Information Officer and the Chief Information Officers Council, 
shall issue a memorandum to the head of each agency that shall 
articulate the method by which the agency shall make public information 
about the use of artificial intelligence by the agency, including the 
publication criteria, publication format, and method of publication.
    (b) Inventory.--Not later than 1 year after the date of enactment 
of this Act, and annually thereafter for a period of 10 years, the head 
of each agency shall--
            (1) prepare an inventory of the artificial intelligence use 
        cases of the agency, including current and planned uses, 
        consistent with the memorandum issued under subsection (a);
            (2) identify, review, and assess existing artificial 
        intelligence deployed and operating in support of agency 
        missions for any inconsistencies with the guidance issued under 
        section 104 of the AI in Government Act of 2020 (title I of 
        division U of Public Law 116-260) and any additional guidance 
        issued by the Director;
            (3) develop and implement plans to achieve consistency with 
        the guidance issued under section 104 of the AI in Government 
        Act of 2020 (title I of division U of Public Law 116-260) and 
        any additional guidance from the Director for each AI 
        application or to retire AI applications found to be developed 
        or used in a manner that is not consistent with guidance issued 
        by the Director;
            (4) share agency inventories with other agencies, to the 
        extent practicable and consistent with applicable law and 
        policy, including those concerning protection of privacy and of 
        sensitive law enforcement, national security, and other 
        protected information; and
            (5) make agency inventories available to the public, in a 
        manner determined by the Director, and to the extent 
        practicable and in accordance with applicable law and policy, 
        including those concerning the protection of privacy and of 
        sensitive law enforcement, national security, and other 
        protected information.
    (c) Sharing.--The sharing of agency inventories described in 
subsection (b)(4) may be coordinated through the Chief Information 
Officers Council, the Chief Data Officers Council, the Chief Financial 
Officers Council, the Chief Acquisition Officers Council, or other 
interagency bodies to improve interagency coordination and information 
sharing for common use cases.
    (d) Central Inventory.--The Director shall designate a host entity 
and ensure the creation and maintenance of an online public directory 
in order to--
            (1) make agency artificial intelligence use case 
        information available to the public and those wishing to do 
        business with the Government; and
            (2) identify common use cases across agencies.

SEC. 6. RAPID PILOT, DEPLOYMENT, AND SCALE OF APPLIED ARTIFICIAL 
              INTELLIGENCE CAPABILITIES TO DEMONSTRATE MODERNIZATION 
              ACTIVITIES RELATED TO USE CASES.

    (a) Identification of Use Cases.--Not later than 270 days after the 
date of enactment of this Act, the Director shall identify not fewer 
than 5 new use cases for the application of cross-enterprise artificial 
intelligence-enabled systems to support modernization initiatives 
across agencies, including interagency or intra-agency initiatives that 
require linking multiple siloed internal and external data sources.
    (b) Pilot Program.--
            (1) Purposes.--The purposes of the pilot program under this 
        section are--
                    (A) to enable agencies to operate cross-enterprise, 
                coordinating between existing established programs and 
                silos to improve delivery of the agency mission; and
                    (B) to demonstrate the circumstances under which 
                artificial intelligence can be used to modernize or 
                assist in modernizing legacy agency systems.
            (2) Deployment and pilot.--Not later than 1 year after the 
        date of enactment of this Act, the Director, in coordination 
        with the heads of relevant agencies and other officials as the 
        Director determines to be appropriate, shall ensure the 
        initiation of the piloting of 5 new cross-enterprise technology 
        use case applications that leverage commercially available 
        technologies and systems to demonstrate scalable artificial 
        intelligence-enabled capabilities to support the use cases 
        identified under subsection (a).
            (3) Prioritization.--In carrying out paragraph (2), the 
        Director shall prioritize modernization projects that would 
        benefit from commercially available privacy-preserving machine 
        learning and artificial intelligence techniques, such as use of 
        differential privacy, federated learning, and secure multiparty 
        computing.
            (4) Use case modernization application areas.--Use case 
        modernization application areas described in paragraph (2) 
        shall include not fewer than 1 from each of the following 
        categories:
                    (A) Applied artificial intelligence to drive agency 
                productivity efficiencies in predictive supply chain 
                and logistics, such as--
                            (i) predictive food demand and optimized 
                        supply;
                            (ii) predictive medical supplies and 
                        equipment demand and optimized supply; or
                            (iii) predictive logistics to accelerate 
                        disaster recovery.
                    (B) Applied artificial intelligence to accelerate 
                agency investment return and address mission-oriented 
                challenges, such as--
                            (i) applied artificial intelligence 
                        portfolio management for agencies;
                            (ii) workforce development and upskilling;
                            (iii) redundant and laborious analyses;
                            (iv) determining compliance with Government 
                        requirements, such as with grants management; 
                        or
                            (v) outcomes measurement to measure 
                        economic and social benefits.
            (5) Requirements.--Not later than 3 years after the date of 
        enactment of this Act, the Director, in coordination with the 
        heads of relevant agencies and other officials as the Director 
        determines to be appropriate, shall establish an artificial 
        intelligence capability that--
                    (A) solves data access and usability issues with 
                automated technology and eliminate or minimize the need 
                for manual data cleansing and harmonization efforts;
                    (B) continuously and automatically ingests data and 
                updates domain models in near real-time to help 
                identify new patterns and predict trends to help agency 
                personnel to make better decisions and take faster 
                actions;
                    (C) organizes data for meaningful data 
                visualization and analysis so the Government has 
                predictive transparency for situational awareness to 
                improve use case outcomes;
                    (D) is rapidly configurable to support multiple 
                applications and automatically adapts to dynamic 
                conditions and evolving use case requirements;
                    (E) enables knowledge transfer and collaboration 
                across agencies; and
                    (F) preserves intellectual property rights to the 
                data and output for benefit of the Federal Government 
                and agencies.
            (6) Technology modernization fund.--
                    (A) In general.--The activities required under this 
                section shall be an allowable use under the Technology 
                Modernization Fund established under section 1078 of 
                the National Defense Authorization Act for Fiscal Year 
                2018 (40 U.S.C. 11301 note) (in this paragraph referred 
                to as the ``Fund'').
                    (B) Prioritization.--The Director may prioritize 
                the activities in this section for implementation and 
                funding by the Fund, in which case the Director is 
                encouraged to take steps to ensure that agencies are 
                able to rapidly and effectively implement the pilots 
                under this subsection, including by removing 
                reimbursement requirements for funding from the Fund.
    (c) Briefing.--Not earlier than 270 days but not later than 1 year 
after the date of enactment of this Act, and annually thereafter for 3 
years, the Director shall brief the appropriate congressional 
committees on the activities carried out under this section and results 
of those activities.

SEC. 7. ENABLING ENTREPRENEURS AND VALUES.

    (a) Innovative Commercial Items.--Section 880 of the National 
Defense Authorization Act for Fiscal Year 2017 (41 U.S.C. 3301 note) is 
amended--
            (1) in subsection (c), by striking $10,000,000'' and 
        inserting ``$25,000,000''; and
            (2) by amending subsection (f) to read as follows:
    ``(f) Definitions.--In this section--
            ``(1) the term `commercial product' has the meaning given 
        the term `commercial item' in section 2.101 of the Federal 
        Acquisition Regulation; and
            ``(2) the term `innovative' means--
                    ``(A) any new technology, process, or method, 
                including research and development; or
                    ``(B) any new application of an existing 
                technology, process, or method.''; and
            (3) in subsection (g), by striking ``2022'' and insert 
        ``2027''.
    (b) DHS Other Transaction Authority.--Section 831 of the Homeland 
Security Act of 2002 (6 U.S.C. 391) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``September 30, 2017'' and inserting 
                ``September 30, 2024''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Prototype projects.--The Secretary--
                    ``(A) may, under the authority of paragraph (1), 
                carry out prototype projects under section 2371b of 
                title 10, United States Code; and
                    ``(B) in applying the authorities of such section 
                2371b, the Secretary shall perform the functions of the 
                Secretary of Defense as prescribed in such section.'';
            (2) in subsection (c)(1), by striking ``September 30, 
        2017'' and inserting ``September 30, 2024''; and
            (3) in subsection (d), by striking ``section 845(e)'' and 
        all that follows and inserting ``section 2371b(e) of title 10, 
        United States Code.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as the necessary 
to carry out the requirements of this Act and the amendments made by 
this Act.
                                 <all>