[Congressional Record Volume 166, Number 158 (Monday, September 14, 2020)]
[House]
[Pages H4354-H4356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      AI IN GOVERNMENT ACT OF 2020

  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I move to suspend 
the rules and pass the bill (H.R. 2575) to authorize an AI Center of 
Excellence within the General Services Administration, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2575

       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 ``AI in Government Act of 
     2020''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Administrator'' means the Administrator of 
     General Services;
       (2) the term ``agency'' has the meaning given the term in 
     section 3502 of title 44, United States Code;
       (3) the term ``AI CoE'' means the AI Center of Excellence 
     described in section 3;
       (4) 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);
       (5) the term ``Director'' means the Director of the Office 
     of Management and Budget;
       (6) the term ``institution of higher education'' has the 
     meaning given the term in section 101 of the Higher Education 
     Act of 1965 (20 U.S.C. 1001); and
       (7) the term ``nonprofit organization'' means an 
     organization described in section 501(c)(3)of the Internal 
     Revenue Code of 1986 and exempt from taxation under section 
     501(a) of that Code.

     SEC. 3. AI CENTER OF EXCELLENCE.

       (a) In General.--There is created within the General 
     Services Administration a program to be known as the ``AI 
     Center of Excellence'', which shall--
       (1) facilitate the adoption of artificial intelligence 
     technologies in the Federal Government;
       (2) improve cohesion and competency in the adoption and use 
     of artificial intelligence within the Federal Government; and
       (3) carry out paragraphs (1) and (2) for the purposes of 
     benefitting the public and enhancing the productivity and 
     efficiency of Federal Government operations.
       (b) Duties.--The duties of the AI CoE shall include--
       (1) regularly convening individuals from agencies, 
     industry, Federal laboratories, nonprofit organizations, 
     institutions of higher education, and other entities to 
     discuss recent developments in artificial intelligence, 
     including the dissemination of information regarding 
     programs, pilots, and other initiatives at agencies, as well 
     as recent trends and relevant information on the 
     understanding, adoption, and use of artificial intelligence;
       (2) collecting, aggregating, and publishing on a publicly 
     available website information regarding programs, pilots, and 
     other initiatives led by other agencies and any other 
     information determined appropriate by the Administrator;
       (3) advising the Administrator, the Director, and agencies 
     on the acquisition and use of artificial intelligence through 
     technical insight and expertise, as needed;
       (4) assist agencies in applying Federal policies regarding 
     the management and use of data in applications of artificial 
     intelligence;
       (5) consulting with agencies, including the Department of 
     Defense, the Department of Commerce, the Department of 
     Energy, the Department of Homeland Security, the Office of 
     Management and Budget, the Office of the Director of National 
     Intelligence, and

[[Page H4355]]

     the National Science Foundation, that operate programs, 
     create standards and guidelines, or otherwise fund internal 
     projects or coordinate between the public and private sectors 
     relating to artificial intelligence;
       (6) advising the Director on developing policy related to 
     the use of artificial intelligence by agencies; and
       (7) advising the Director of the Office of Science and 
     Technology Policy on developing policy related to research 
     and national investment in artificial intelligence.
       (c) Staff.--
       (1) In general.--The Administrator shall provide necessary 
     staff, resources, and administrative support for the AI CoE.
       (2) Shared staff.--To the maximum extent practicable, the 
     Administrator shall meet the requirements described under 
     paragraph (1) by using staff of the General Services 
     Administration, including those from other agency centers of 
     excellence, and detailees, on a reimbursable or 
     nonreimbursable basis, from other agencies.
       (3) Fellows.--The Administrator may, to the maximum extent 
     practicable, appoint fellows to participate in the AI CoE 
     from nonprofit organizations, think tanks, institutions of 
     higher education, and industry.
       (d) Sunset.--This section shall cease to be effective on 
     the date that is 5 years after the date of enactment of this 
     Act.

     SEC. 4. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.

       (a) Guidance.--Not later than 270 days after the date of 
     enactment of this Act, the Director, in coordination with the 
     Director of the Office of Science and Technology Policy in 
     consultation with the Administrator and any other relevant 
     agencies and key stakeholders as determined by the Director, 
     shall issue a memorandum to the head of each agency that 
     shall--
       (1) inform the development of policies regarding Federal 
     acquisition and use by agencies regarding technologies that 
     are empowered or enabled by artificial intelligence, 
     including an identification of the responsibilities of agency 
     officials managing the use of such technology;
       (2) recommend approaches to remove barriers for use by 
     agencies of artificial intelligence technologies in order to 
     promote the innovative application of those technologies 
     while protecting civil liberties, civil rights, and economic 
     and national security;
       (3) identify best practices for identifying, assessing, and 
     mitigating any discriminatory impact or bias on the basis of 
     any classification protected under Federal nondiscrimination 
     laws, or any unintended consequence of the use of artificial 
     intelligence, including policies to identify data used to 
     train artificial intelligence algorithms as well as the data 
     analyzed by artificial intelligence used by the agencies; and
       (4) provide a template of the required contents of the 
     agency plans described in subsection (c).
       (b) Public Comment.--To help ensure public trust in the 
     applications of artificial intelligence technologies, the 
     Director shall issue a draft version of the memorandum 
     required under subsection (a) for public comment not later 
     than 180 days after date of enactment of this Act.
       (c) Plans.--Not later than 180 days after the date on which 
     the Director issues the memorandum required under subsection 
     (a) or an update to the memorandum required under subsection 
     (d), the head of each agency shall submit to the Director and 
     post on a publicly available page on the website of the 
     agency--
       (1) a plan to achieve consistency with the memorandum; or
       (2) a written determination that the agency does not use 
     and does not anticipate using artificial intelligence.
       (d) Updates.--Not later than 2 years after the date on 
     which the Director issues the memorandum required under 
     subsection (a), and every 2 years thereafter for 10 years, 
     the Director shall issue updates to the memorandum.

     SEC. 5. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL 
                   INTELLIGENCE.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, and in accordance with chapter 51 of 
     title 5, United States Code, the Director of the Office of 
     Personnel Management shall--
       (1) identify key skills and competencies needed for 
     positions related to artificial intelligence;
       (2) establish an occupational series, or update and improve 
     an existing occupational job series, to include positions the 
     primary duties of which relate to artificial intelligence;
       (3) to the extent appropriate, establish an estimate of the 
     number of Federal employees in positions related to 
     artificial intelligence, by each agency; and
       (4) using the estimate established in paragraph (3), 
     prepare a 2-year and 5-year forecast of the number of Federal 
     employees in positions related to artificial intelligence 
     that each agency will need to employ.
       (b) Plan.--Not later than 120 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives a comprehensive plan with a timeline to 
     complete requirements described in subsection (a).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York (Mrs. Carolyn B. Maloney) and the gentleman from Texas (Mr. 
Cloud) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New York.


                             GENERAL LEAVE

  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I ask unanimous 
consent that all Members have 5 legislative days in which to revise and 
extend their remarks and include extraneous material on the measure 
before us.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself such 
time as I may consume.
  I thank Representative McNerney and former Ranking Member Meadows for 
introducing the Artificial Intelligence in Government Act.
  As the Federal Government faces historic challenges and resource 
constraints due to the coronavirus pandemic, artificial intelligence 
can provide innovative solutions to help agencies fulfill their 
missions and is critical to broader IT modernization efforts.
  H.R. 2575 would codify the Artificial Intelligence Center of 
Excellence at the General Services Administration, advancing the 
acquisition and implementation of AI technologies throughout the 
Federal Government by providing expertise, best practices, and support.
  The bill would improve cohesion and competency around Federal use and 
adoption of AI by requiring agencies that use or plan to use such 
technologies to submit a memorandum to the Director of OMB 
demonstrating compliance with relevant guidelines. It also would 
require the Office of Personnel Management to evaluate AI skills needed 
in the Federal workforce and to provide an up-to-date occupational 
series for these skills.
  If we are to maintain our leadership and competitive edge globally, 
America must prioritize these mission-critical capabilities and their 
strategic implementation across Federal agencies.
  We also must ensure that AI is deployed with an unwavering commitment 
to cybersecurity, data security and integrity, ethics, privacy, and the 
protection of the constitutional rights of our citizens.
  Mr. Speaker, I support this bill, and I reserve the balance of my 
time.
  Mr. CLOUD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 2575, the AI in Government 
Act.
  Artificial intelligence, or AI, has the potential to improve our 
Federal workforce's productivity and to solve complex government 
challenges.
  By responsibly increasing the utilization of AI in the Federal 
Government, we can streamline burdensome administrative tasks and 
better allocate finite resources. AI can potentially save the Federal 
Government billions of dollars and countless man-hours.
  Artificial intelligence tools can also free Federal workers from 
mundane tasks, giving them time for more challenging work. In fact, a 
Deloitte report from 2017 estimated that the Federal Government could 
potentially save 1.2 billion employee labor-hours by automating certain 
tasks. That could potentially save the Federal Government up to $41 
billion, annually.
  AI can also improve Federal policy decisions by presenting new 
insights and improving the quality of information available to 
decisionmakers.
  AI represents a force multiplier benefiting the American people in an 
era of soaring Federal deficits and increasing complexity of various 
Federal agency missions and programs. The taxpayers should especially 
benefit from a smarter, more effective government.
  The good news is that the government agencies are well on their way 
to realizing the benefits of artificial intelligence technology 
solutions. A 2018 survey by IBM found that nearly half of the 
responding Federal agencies already incorporated AI solutions.
  The Trump administration has already made advancement of AI a 
national priority. In February of 2019, President Trump issued the 
executive order on ``Maintaining American Leadership in Artificial 
Intelligence.''
  The executive order promotes national research and development 
efforts, workforce training, and technology standards. However, it did 
not go as far as to establish the necessary accountability or governing 
policies

[[Page H4356]]

for Federal agencies using AI tools. But the AI in Government Act does, 
because, along with the potential of AI, there are attending concerns 
and considerations regarding its ethical use which must be taken into 
account to maintain the trust and confidence of the American people.
  H.R. 2575 ensures proper oversight over the government's increasing 
use of AI. The bill requires the Office of Management and Budget and 
the Office of Science and Technology Policy to issue a memorandum to 
agencies to inform the development of agency AI policy plans. These 
agency plans will provide greater insight into agency AI activities and 
will ensure public accountability over how Federal agencies incorporate 
AI tools into their mission delivery and decisionmaking.
  Mr. Speaker, we must tap into the benefits AI has to offer, and, with 
this bill, we can do it with proper oversight and accountability. I 
urge my colleagues to support the bill, and I reserve the balance of my 
time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield such time 
as he may consume to the gentleman from California (Mr. McNerney).
  Mr. McNERNEY. Mr. Speaker, I thank the ranking member and chairwoman 
of the committee for their support of this bill, and all members of the 
committee.
  The work of the Federal Government impacts every single American. 
Artificial intelligence presents many opportunities for the Federal 
Government to be better able to serve all Americans.
  There are also certain risks that AI presents. As Federal agencies 
adopt AI technology, it is critical that they are equipped with the 
expertise and tools they need to succeed and that they address the 
potential risks of adopting this technology. That is why this 
legislation is critical. It will help Federal agencies scale AI 
adoption in a smart and responsible way.

  First, this legislation will create a Center of Excellence within the 
General Services Administration. The Center of Excellence will provide 
a pool of AI experts within the Federal Government that can help 
agencies adopt AI and will also help better coordinate AI adoption 
across the Federal Government.
  Second, this legislation will require agencies to develop governance 
plans to guide their AI adoption and use. These governance plans must 
address privacy and civil liberties considerations. The goal of these 
governance plans is to ensure agencies adopt and use AI in a 
responsible way.
  Third, this legislation will make it easier for the Federal 
Government to attract AI talent by establishing a new occupational 
series for AI experts.
  As co-chair of the Congressional AI Caucus, I have heard about the 
different ways in which the Federal agencies are adopting and looking 
to adopt AI to improve their operations and to be able to more 
effectively serve Americans. Some of these include the Food and Drug 
Administration, the Department of Energy, the Department of Defense, 
the USDA, the Veterans Affairs Administration, the Department of Labor, 
and the Environmental Protection Agency. The AI in Government Act will 
enable these Federal agencies and others to scale AI adoption, while 
reducing and addressing the potential risks of using AI.
  I again want to thank Chairwoman Maloney and the Oversight Committee 
staff for working with me and my staff on this important bill.
  I also want to thank Senators Portman, Harris, and Gardner for their 
leadership on this bill in the Senate.
  I urge my colleagues to vote ``yes'' on this legislation.

                              {time}  1530

  Mr. CLOUD. Mr. Speaker, artificial intelligence is leading to 
breakthroughs in productivity in industries across the Nation such as 
science, transportation, healthcare, and education. The American people 
deserve a government that takes full advantage of modern technology in 
a responsible manner.
  H.R. 2575 will help assure the proper governance and oversight over 
the Federal Government's use of a rapidly advancing and promising 
technology area.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I urge passage of 
H.R. 2575, as amended, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Mrs. Carolyn B. Maloney) that the House 
suspend the rules and pass the bill, H.R. 2575, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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