[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1356 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1356

 To establish a task force on organizational structure for artificial 
                 intelligence governance and oversight.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2023

  Mr. Bennet introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To establish a task force on organizational structure for artificial 
                 intelligence governance and oversight.

    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 ``Assuring Safe, Secure, Ethical, and 
Stable Systems for AI Act'' or the ``ASSESS AI Act''.

SEC. 2. TASK FORCE ON ARTIFICIAL INTELLIGENCE GOVERNANCE AND OVERSIGHT.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the President shall appoint a task force to 
assess the privacy, civil rights, and civil liberties implications of 
artificial intelligence (referred to in this section as the ``AI Task 
Force'').
    (b) Membership of AI Task Force.--
            (1) In general.--The AI Task Force shall include--
                    (A) the Director of the Office of Management and 
                Budget or his or her designee;
                    (B) the Director of the National Institute of 
                Standards and Technology or his or her designee;
                    (C) the Director of the Office of Science and 
                Technology Policy or his or her designee;
                    (D) the Assistant Director of the Directorate for 
                Technology, Innovation, and Partnerships at the 
                National Science Foundation;
                    (E) the Secretary of Health and Human Services or 
                his or her designee;
                    (F) the Secretary of Transportation or his or her 
                designee;
                    (G) the Secretary of Housing and Urban Development 
                or his or her designee;
                    (H) the Comptroller General of the United States or 
                his or her designee;
                    (I) the Chairman of the Federal Trade Commission or 
                his or her designee;
                    (J) the Chairperson of the Equal Employment 
                Opportunity Commission or his or her designee;
                    (K) the Chair of the Council of Inspectors General 
                on Integrity and Efficiency or his or her designee;
                    (L) the Principal Deputy Assistant Attorney General 
                for the Civil Rights Division of the Department of 
                Justice or his or her designee;
                    (M) the chief privacy and civil liberties officers 
                for the following agencies:
                            (i) the Department of State;
                            (ii) the Department of the Treasury;
                            (iii) the Department of Defense;
                            (iv) the Department of Justice;
                            (v) the Department of Health and Human 
                        Services;
                            (vi) the Department of Homeland Security;
                            (vii) the Department of Commerce;
                            (viii) the Department of Labor;
                            (ix) the Department of Education; and
                            (x) the Office of the Director of National 
                        Intelligence;
                    (N) the Chair of the Privacy and Civil Liberties 
                Oversight Board;
                    (O) the Chair of the National Artificial 
                Intelligence Advisory Committee's Subcommittee on 
                Artificial Intelligence and Law Enforcement;
                    (P) any other governmental representative 
                determined necessary by the President; and
                    (Q) not fewer than 6, but not more than 10, 
                representatives from civil society, including 
                organizational leaders with expertise in technology, 
                privacy, civil liberties, and civil rights, 
                representatives from industry, and representatives from 
                academia, as appointed by the President.
            (2) Task force chair and vice chair.--The President shall 
        designate a Chair and Vice Chair of the AI Task Force from 
        among its members.
    (c) Duties.--
            (1) In general.--The AI Task Force shall--
                    (A) assess existing policy, regulatory, and legal 
                gaps for artificial intelligence (referred to in this 
                section as ``AI'') applications and associated data, as 
                of the date of enactment of this Act; and
                    (B) make recommendations to Congress and the 
                President for legislative and regulatory reforms to 
                ensure that uses of artificial intelligence and 
                associated data in Federal Government operations 
                comport with freedom of expression, equal protection, 
                privacy, civil liberties, civil rights, and due 
                process.
            (2) Specific requirements.--The assessments and 
        recommendations under paragraph (1) shall--
                    (A) address--
                            (i) the application of Federal 
                        antidiscrimination laws to Federal Government 
                        use of AI;
                            (ii) the application of Federal disparate 
                        impact standards to Federal Government use of 
                        AI;
                            (iii) artificial intelligence validation 
                        and auditing for Federal Government use of AI;
                            (iv) artificial intelligence risk and 
                        impact assessment reporting regarding Federal 
                        Government use of AI; and
                            (v) institutional changes to ensure 
                        sustained assessment and recurring guidance on 
                        privacy and civil liberties implications of 
                        artificial intelligence applications, emerging 
                        technologies, and associated data;
                    (B) include recommendations regarding--
                            (i) baseline standards for Federal 
                        Government use of biometric identification 
                        technologies, including facial recognition, 
                        voiceprint, gait recognition, and keyboard 
                        entry technologies;
                            (ii) proposals to address any gaps in 
                        Federal law, including regulations, with 
                        respect to facial recognition technologies in 
                        order to enhance protections of privacy, civil 
                        liberties, and civil rights of individuals in 
                        the United States;
                            (iii) baseline standards for the protection 
                        and integrity of data in the custody of the 
                        Federal Government; and
                            (iv) best practices and contractual 
                        requirements to strengthen protections for 
                        privacy, information security, fairness, 
                        nondiscrimination, auditability, and 
                        accountability in artificial intelligence 
                        systems and technologies and associated data 
                        procured by the Federal Government; and
                    (C) assess--
                            (i) whether existing and proposed AI 
                        regulations are appropriately balanced against 
                        critical law enforcement and national security 
                        needs;
                            (ii) ongoing efforts to regulate commercial 
                        development and fielding of artificial 
                        intelligence and associated data in light of 
                        privacy, civil liberties, and civil rights 
                        implications, and, as appropriate, consider and 
                        recommend institutional or organizational 
                        changes to facilitate applicable regulation; 
                        and
                            (iii) the utility of establishing a new 
                        organization within the Federal Government to 
                        provide ongoing governance for and oversight 
                        over the fielding of artificial intelligence 
                        technologies by Federal agencies as 
                        technological capabilities evolve over time, 
                        including--
                                    (I) the review of Federal funds 
                                used for the procurement and 
                                development of artificial intelligence; 
                                and
                                    (II) the enforcement of Federal law 
                                for commercial artificial intelligence 
                                products used in government.
            (3) Organizational considerations.--In conducting the 
        assessments required under this subsection, the AI Task Force 
        shall consider--
                    (A) the organizational placement, structure, 
                composition, authorities, and resources that a new 
                organization would require to provide ongoing guidance 
                and baseline standards for--
                            (i) the Federal Government's development, 
                        acquisition, and fielding of artificial 
                        intelligence systems to ensure the systems 
                        comport with privacy, civil liberties, and 
                        civil rights and civil liberties law, including 
                        guardrails for their use; and
                            (ii) providing transparency to oversight 
                        entities and the public regarding Federal 
                        Government use of artificial systems and the 
                        performance of those systems;
                    (B) the existing interagency and intra-agency 
                efforts to address AI oversight;
                    (C) the need for and scope of national security 
                carve-outs, and any limitations or protections that 
                should be built into any such carve-outs; and
                    (D) the research, development, and application of 
                new technologies to mitigate privacy and civil 
                liberties risks inherent in artificial intelligence 
                systems.
    (d) Powers of the Task Force.--
            (1) Hearings.--The Task Force may, for the purpose of 
        carrying out this section, hold hearings, sit and act at times 
        and places, take testimony, and receive evidence as the AI Task 
        Force considers appropriate.
            (2) Powers of members and agents.--Any member of the AI 
        Task Force may, upon authorization by the AI Task Force, take 
        any action that the AI Task Force is authorized to take under 
        this section.
            (3) Obtaining official data.--Subject to applicable privacy 
        laws and relevant regulations, the AI Task Force may secure 
        directly from any department or agency of the United States 
        information and data necessary to enable it to carry out this 
        section. Upon written request of the Chair of the AI Task 
        Force, the head or acting representative of that department or 
        agency shall furnish the requested information to the AI Task 
        Force not later than 30 days after receipt of the request.
    (e) Operating Rules and Procedure.--
            (1) Initial meeting.--The AI Task Force shall meet not 
        later than 30 days after the date on which a majority of the 
        members of the AI Task Force have been appointed.
            (2) Voting.--Each member of the AI Task Force shall have 1 
        vote.
            (3) Recommendations.--The AI Task Force shall adopt 
        recommendations only upon a majority vote.
            (4) Quorum.--A majority of the members of the AI Task Force 
        shall constitute a quorum, but a lesser number of members may 
        hold meetings, gather information, and review draft reports 
        from staff.
    (f) Staff.--
            (1) Personnel.--The chairperson of the AI Task Force may 
        appoint staff to inform, support, and enable AI Task Force 
        members in the fulfillment of their responsibilities. A staff 
        member may not be a local, State, or Federal elected official 
        or be affiliated with or employed by, such an elected official 
        during the duration of the AI Task Force.
            (2) Detailees.--The head of any Federal department or 
        agency may detail, on a non-reimbursable basis, any of the 
        personnel of that department or agency to the AI Task Force to 
        assist the AI Task Force in carrying out its purposes and 
        functions.
            (3) Security clearances for members and staff.--The 
        appropriate Federal departments or agencies shall cooperate 
        with the AI Task Force in expeditiously providing to the AI 
        Task Force members and staff appropriate security clearances to 
        the extent possible pursuant to existing procedures and 
        requirements, except that no person may be provided with access 
        to classified information under this section without the 
        appropriate security clearances.
            (4) Expert consultants.--As needed, the AI Task Force may 
        commission intermittent research or other information from 
        experts and provide stipends for engagement consistent with 
        relevant statutes and regulations.
    (g) Assistance From Private Sector.--
            (1) Private engagement.--The Chair of the AI Task Force may 
        engage with representatives from a private sector organization 
        for the purpose of carrying out the mission of the AI Task 
        Force, and any such engagement shall not be subject to chapter 
        10 of title 5, United States Code.
            (2) Temporary assignment of personnel.--The Chair of the AI 
        Task Force, with the agreement of a private sector 
        organization, may arrange for the temporary assignment of 
        employees of the organization to the Task Force in accordance 
        with paragraphs (1) and (4) of subsection (f).
            (3) Duration.--An assignment under this subsection may, at 
        any time and for any reason, be terminated by the Chair or the 
        private sector organization concerned and shall be for a total 
        period of not more than 18 months.
    (h) Application of Ethics Rules.--
            (1) In general.--An employee of a private sector 
        organization assigned under subsection (g)--
                    (A) shall be deemed to be a special government 
                employee for purposes of Federal law, including chapter 
                11 of title 18, United States Code, and chapter 135 of 
                title 5, United States Code; and
                    (B) notwithstanding section 202(a) of title 18, 
                United States Code, may be assigned to the Task Force 
                for a period of not longer than 18 months.
            (2) No financial liability.--Any agreement subject to this 
        subsection shall require the private sector organization 
        concerned to be responsible for all costs associated with the 
        assignment of an employee under subsection (g).
    (i) Reporting.--
            (1) Interim report to congress.--Not later than 1 year 
        after the establishment of the AI Task Force, the AI Task Force 
        shall prepare and submit an interim report to Congress and the 
        President containing the AI Task Force's legislative and 
        regulatory recommendations.
            (2) Updates.--The AI Task Force shall provide periodic 
        updates to the President and to Congress.
            (3) Final report.--Not later than 18 months after the 
        establishment of the AI Task Force, the AI Task Force shall 
        prepare and submit a final report to the President and to 
        Congress containing its assessment on organizational 
        considerations, to include any recommendations for 
        organizational changes.
    (j) Other Emerging Technologies.--At any time before the submission 
of the final report under subsection (i)(3), the AI Task Force may 
recommend to Congress the creation of a similar task force focused on 
another emerging technology.
    (k) Sunset.--The AI Task Force shall terminate on the date that is 
18 months after the establishment of the AI Task Force under subsection 
(a).
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