[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3035 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 283
117th CONGRESS
  2d Session
                                S. 3035

                          [Report No. 117-82]

To establish the Artificial Intelligence Hygiene Working Group, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2021

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

                           February 28, 2022

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To establish the Artificial Intelligence Hygiene Working Group, 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 ``Government Ownership and 
Oversight of Data in Artificial Intelligence Act of 2021'' or the 
``GOOD AI Act of 2021''.</DELETED>

<DELETED>SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL 
              INTELLIGENCE IN GOVERNMENT.</DELETED>

<DELETED>    (a) Definitions.--In this Act:</DELETED>
        <DELETED>    (1) Agency.--The term ``agency'' has the meaning 
        given the term in section 3502 of title 44, United States 
        Code.</DELETED>
        <DELETED>    (2) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Oversight and Reform 
                of the House of Representatives.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (4) Artificial intelligence system.--The term 
        ``artificial intelligence system''--</DELETED>
                <DELETED>    (A) means any data system, software, 
                application, tool, or utility that operates in whole or 
                in part using dynamic or static machine learning 
                algorithms or other forms of artificial intelligence, 
                including a data system, software, application, tool, 
                or utility--</DELETED>
                        <DELETED>    (i) that is established primarily 
                        for the purpose of researching, developing, or 
                        implementing artificial intelligence 
                        technology; and</DELETED>
                        <DELETED>    (ii) for which the artificial 
                        intelligence capability is integrated into 
                        another system or agency business process, 
                        operational activity, or technology system; 
                        and</DELETED>
                <DELETED>    (B) does not include any common or 
                commercial product within which artificial intelligence 
                is embedded, such as a word processor or map navigation 
                system.</DELETED>
        <DELETED>    (5) Director.--The term ``Director'' means the 
        Director of the Office of Management and Budget.</DELETED>
<DELETED>    (b) Guidance for Agency Use of Artificial Intelligence.--
</DELETED>
        <DELETED>    (1) In general.--In developing an update under 
        section 104(d) of the AI in Government Act of 2020 (40 U.S.C. 
        11301 note) to the memorandum issued under subsection (a) of 
        that section, the Director shall consider--</DELETED>
                <DELETED>    (A) the considerations and recommended 
                practices identified by the National Security 
                Commission on Artificial Intelligence in the report 
                entitled ``Key Considerations for Responsible 
                Development and Fielding of AI'', as updated in April 
                2021;</DELETED>
                <DELETED>    (B) the principles articulated in 
                Executive Order 13960 (85 Fed. Reg. 78939; relating to 
                promoting the use of trustworthy artificial 
                intelligence in the Federal Government); and</DELETED>
                <DELETED>    (C) the input of--</DELETED>
                        <DELETED>    (i) the Privacy and Civil 
                        Liberties Oversight Board;</DELETED>
                        <DELETED>    (ii) relevant interagency 
                        councils, such as the Federal Privacy Council, 
                        the Chief Information Officers Council, and the 
                        Chief Data Officers Council;</DELETED>
                        <DELETED>    (iii) other governmental and 
                        nongovernmental privacy, civil rights, and 
                        civil liberties experts; and</DELETED>
                        <DELETED>    (iv) any other individual or 
                        entity the Director determines 
                        appropriate.</DELETED>
        <DELETED>    (2) Sunset.--This subsection shall cease to have 
        force or effect on the date that is 4 years after the date of 
        enactment of this Act.</DELETED>
<DELETED>    (c) Artificial Intelligence Hygiene and Protection of 
Government Information, Privacy, Civil Rights, and Civil Liberties.--
</DELETED>
        <DELETED>    (1) Establishment.--Not later than 45 days after 
        the date of enactment of this Act, the Director shall establish 
        a working group to be known as the ``Artificial Intelligence 
        Hygiene Working Group''.</DELETED>
        <DELETED>    (2) Membership.--The Director shall appoint 
        members to the Artificial Intelligence Hygiene Working Group 
        from among members of appropriate interagency 
        councils.</DELETED>
        <DELETED>    (3) Implementation.--Not later than 1 year after 
        the date of enactment of this Act, the Director, in 
        consultation with the Artificial Intelligence Hygiene Working 
        Group, shall implement a means by which to--</DELETED>
                <DELETED>    (A) ensure that contracts for the 
                acquisition of artificial intelligence and artificial 
                intelligence systems--</DELETED>
                        <DELETED>    (i) align with the memorandum 
                        issued, and periodically updated, by the 
                        Director under subsections (a) and (d), 
                        respectively, of section 104 of the AI in 
                        Government Act of 2020 (40 U.S.C. 11301 
                        note);</DELETED>
                        <DELETED>    (ii) address the protection of 
                        privacy, civil rights, and civil 
                        liberties;</DELETED>
                        <DELETED>    (iii) address the ownership and 
                        security of data and other information created, 
                        used, processed, stored, maintained, 
                        disseminated, disclosed, or disposed of by a 
                        contractor or subcontractor on behalf of the 
                        Federal Government; and</DELETED>
                        <DELETED>    (iv) include requirements for 
                        securing the training data, algorithms, and 
                        other components of any artificial intelligence 
                        system against--</DELETED>
                                <DELETED>    (I) misuse;</DELETED>
                                <DELETED>    (II) unauthorized 
                                alteration;</DELETED>
                                <DELETED>    (III) degradation; 
                                or</DELETED>
                                <DELETED>    (IV) being rendered 
                                inoperable; and</DELETED>
                <DELETED>    (B) address any other issue or concern the 
                Director determines relevant to ensure--</DELETED>
                        <DELETED>    (i) the appropriate use of 
                        artificial intelligence and artificial 
                        intelligence systems; and</DELETED>
                        <DELETED>    (ii) the protection of privacy, 
                        Federal Government data, and other information 
                        of the Federal Government.</DELETED>
        <DELETED>    (4) Updates.--On a continuous basis, not later 
        than 2 years after the date of enactment of this Act, and not 
        less frequently than once every 2 years thereafter, the 
        Director shall update the means implemented under paragraph 
        (3).</DELETED>
        <DELETED>    (5) Briefing.--Not later than 90 days after the 
        date of enactment of this Act, quarterly thereafter until the 
        date on which the Director implements the means required under 
        paragraph (3), and annually thereafter, the Director shall 
        brief the appropriate congressional committees on the 
        implementation of this subsection.</DELETED>
        <DELETED>    (6) Sunset.--This subsection shall cease to have 
        force or effect on the date that is 10 years after the date of 
        enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Ownership and Oversight 
of Data in Artificial Intelligence Act of 2021'' or the ``GOOD AI Act 
of 2021''.

SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN 
              GOVERNMENT.

    (a) 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) Artificial intelligence system.--The term ``artificial 
        intelligence system''--
                    (A) means any data system, software, application, 
                tool, or utility that operates in whole or in part 
                using dynamic or static machine learning algorithms or 
                other forms of artificial intelligence, including a 
                data system, software, application, tool, or utility--
                            (i) that is established primarily for the 
                        purpose of researching, developing, or 
                        implementing artificial intelligence 
                        technology; and
                            (ii) for which the artificial intelligence 
                        capability is integrated into another system or 
                        agency business process, operational activity, 
                        or technology system; and
                    (B) does not include any common or commercial 
                product within which artificial intelligence is 
                embedded, such as a word processor or map navigation 
                system.
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
    (b) Guidance for Agency Use of Artificial Intelligence.--
            (1) In general.--In developing an update under section 
        104(d) of the AI in Government Act of 2020 (40 U.S.C. 11301 
        note) to the memorandum issued under subsection (a) of that 
        section, the Director shall consider--
                    (A) the considerations and recommended practices 
                identified by the National Security Commission on 
                Artificial Intelligence in the report entitled ``Key 
                Considerations for Responsible Development and Fielding 
                of AI'', as updated in April 2021;
                    (B) the principles articulated in Executive Order 
                13960 (85 Fed. Reg. 78939; relating to promoting the 
                use of trustworthy artificial intelligence in the 
                Federal Government); and
                    (C) the input of--
                            (i) the Privacy and Civil Liberties 
                        Oversight Board;
                            (ii) relevant interagency councils, such as 
                        the Federal Privacy Council, the Chief 
                        Information Officers Council, and the Chief 
                        Data Officers Council;
                            (iii) other governmental and 
                        nongovernmental privacy, civil rights, and 
                        civil liberties experts; and
                            (iv) any other individual or entity the 
                        Director determines appropriate.
            (2) Sunset.--This subsection shall cease to have force or 
        effect on the date that is 4 years after the date of enactment 
        of this Act.
    (c) Artificial Intelligence Hygiene and Protection of Government 
Information, Privacy, Civil Rights, and Civil Liberties.--
            (1) Establishment.--Not later than 45 days after the date 
        of enactment of this Act, the Director shall establish a 
        working group to be known as the ``Artificial Intelligence 
        Hygiene Working Group''.
            (2) Membership.--The Director shall appoint members to the 
        Artificial Intelligence Hygiene Working Group from among 
        members of appropriate interagency councils.
            (3) Implementation.--Not later than 1 year after the date 
        of enactment of this Act, the Director, in consultation with 
        the Artificial Intelligence Hygiene Working Group, shall 
        implement a means by which to--
                    (A) ensure that contracts for the acquisition of 
                artificial intelligence and artificial intelligence 
                systems--
                            (i) align with the memorandum issued, and 
                        periodically updated, by the Director under 
                        subsections (a) and (d), respectively, of 
                        section 104 of the AI in Government Act of 2020 
                        (40 U.S.C. 11301 note);
                            (ii) address the protection of privacy, 
                        civil rights, and civil liberties;
                            (iii) address the ownership and security of 
                        data and other information created, used, 
                        processed, stored, maintained, disseminated, 
                        disclosed, or disposed of by a contractor or 
                        subcontractor on behalf of the Federal 
                        Government; and
                            (iv) address requirements for securing the 
                        training data, algorithms, and other components 
                        of any artificial intelligence system against--
                                    (I) misuse;
                                    (II) unauthorized alteration;
                                    (III) degradation; or
                                    (IV) being rendered inoperable; and
                    (B) address any other issue or concern the Director 
                determines relevant to ensure--
                            (i) the appropriate use of artificial 
                        intelligence and artificial intelligence 
                        systems; and
                            (ii) the protection of privacy, Federal 
                        Government data, and other information of the 
                        Federal Government.
            (4) Approaches.--In carrying out paragraph (3), the 
        Director may use 1 or more approach and tailor requirements 
        based on risk or any other factor determined relevant by the 
        Director and the Artificial Intelligence Hygiene Working Group.
            (5) Updates.--On a continuous basis, not later than 2 years 
        after the date of enactment of this Act, and not less 
        frequently than once every 2 years thereafter, the Director 
        shall update the means implemented under paragraph (3).
            (6) Briefing.--Not later than 90 days after the date of 
        enactment of this Act, quarterly thereafter until the date on 
        which the Director implements the means required under 
        paragraph (3), and annually thereafter, the Director shall 
        brief the appropriate congressional committees on the 
        implementation of this subsection.
            (7) Sunset.--This subsection shall cease to have force or 
        effect on the date that is 10 years after the date of enactment 
        of this Act.
                                                       Calendar No. 283

117th CONGRESS

  2d Session

                                S. 3035

                          [Report No. 117-82]

_______________________________________________________________________

                                 A BILL

To establish the Artificial Intelligence Hygiene Working Group, and for 
                            other purposes.

_______________________________________________________________________

                           February 28, 2022

                       Reported with an amendment