[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S2791-S2792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1530. Mr. BENNET (for himself and Mr. Sasse) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title V of division B, add the following:

     SEC. 25_. TASK FORCE ON ORGANIZATIONAL STRUCTURE FOR 
                   ARTIFICIAL INTELLIGENCE GOVERNANCE AND 
                   OVERSIGHT.

       (a) Establishment.--Not later than 90 days after the date 
     of the 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 Task Force.--
       (1) In general.--The AI Task Force shall include--
       (A) the Attorney General or his or her designee;
       (B) the Director of the Office of Management and Budget or 
     his or her designee;
       (C) the Director of the National Institute of Standards and 
     Technology or his or her designee;
       (D) the Director of the Office of Science and Technology 
     Policy or his or her designee;
       (E) the Deputy Director for Technology at the National 
     Science and Technology Foundation;
       (F) the Comptroller General or his or her designee;
       (G) the Inspectors General 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;
       (H) the chief privacy and civil liberties officers of each 
     agency described in subparagraph (G);
       (I) the Chair of the Privacy and Civil Liberties Oversight 
     Board;

[[Page S2792]]

       (J) the Chair of the National Artificial Intelligence 
     Advisory Committee's Subcommittee on Artificial Intelligence 
     and Law Enforcement; and
       (K) 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.--The AI Task Force shall carry out the 
     following duties:
       (1) Identifying policy and legal gaps and making 
     recommendations to ensure that uses of artificial 
     intelligence (referred to in this section as ``AI'') and 
     associated data in United States Government operations 
     comport with freedom of expression, equal protection, 
     privacy, and due process.
       (2) Assessing existing policy and legal gaps for current AI 
     applications and making recommendations for--
       (A) legislative and regulatory reforms on the development 
     and fielding of AI; and
       (B) institutional changes to ensure sustained assessment 
     and recurring guidance on privacy and civil liberties 
     implications of AI applications.
       (3) Conducting an assessment and making recommendations to 
     Congress and to the President to ensure that the development 
     and fielding of artificial intelligence by the Federal 
     Government provides protections for the privacy, civil 
     liberties, and civil rights of individuals in the United 
     States in a manner that is appropriately balanced against 
     critical law enforcement and national security needs.
       (4) Recommending baseline standards for Federal Government 
     use of biometric identification technologies, including 
     facial recognition, voiceprint, gait recognition, and 
     keyboard entry technologies.
       (5) Recommending baseline standards for the protection and 
     integrity of data in the custody of the Federal Government.
       (6) Recommending proposals to address any gaps in Federal 
     law or regulation with respect to facial recognition 
     technologies in order to enhance protections of privacy, 
     civil liberties, and civil rights of individuals in the 
     United States.
       (7) Recommending 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.
       (8) Considering updates to and reforms of Government data 
     privacy and retention requirements to address implications to 
     privacy, civil liberties, and civil rights.
       (9) Assessing 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, considering 
     and recommending institutional or organizational changes to 
     facilitate applicable regulation.
       (10) Assessing 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.
       (d) Organizational Considerations.--In conducting the 
     assessments required by paragraphs (2) and (3) of subsection 
     (c), the AI Task Force shall consider--
       (1) the organizational placement, structure, composition, 
     authorities, and resources that a new organization would 
     require to provide ongoing guidance and baseline standards 
     for--
       (A) the Federal Government's development, acquisition, and 
     fielding of artificial intelligence systems to ensure they 
     comport with privacy, civil liberties, and civil rights and 
     civil liberties law, including guardrails for their use; and
       (B) providing transparency to oversight entities and the 
     public regarding the Federal Government's use of artificial 
     systems and the performance of those systems;
       (2) the existing interagency and intra-agency efforts to 
     address AI oversight;
       (3) 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
       (4) the research, development, and application of new 
     technologies to mitigate privacy and civil liberties risks 
     inherent in artificial intelligence systems.
       (e) 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.
       (f) Other Emerging Technologies.--At any time before the 
     submission of the final report under subsection (e)(3), the 
     AI Task Force may recommend to Congress the creation of a 
     similar task force focused on another emerging technology.
       (g) Sunset.--The AI Task Force shall terminate on the date 
     that is 18 months after the establishment of the Task Force.
                                 ______