[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5912-S5914]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6391. Mr. PETERS (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--ADVANCING AMERICAN AI ACT
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Advancing American AI
Act''.
SEC. 5002. PURPOSES.
The purposes of this division are to--
(1) 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;
(2) enhance the ability of the Federal Government to
translate research advances into artificial intelligence
applications to modernize systems and assist agency leaders
in fulfilling their missions;
(3) 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; and
(4) test and harness applied artificial intelligence to
enhance mission effectiveness and business practice
efficiency.
SEC. 5003. DEFINITIONS.
In this division:
(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, whether--
(i) the data system, software, application, tool, or
utility is established primarily for the purpose of
researching, developing, or implementing artificial
intelligence technology; or
(ii) artificial intelligence capability is integrated into
another system or agency business process, operational
activity, or technology system; and
(B) does not include any common commercial product within
which artificial intelligence is embedded, such as a word
processor or map navigation system.
(C)
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 5004. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL
INTELLIGENCE IN GOVERNMENT.
(a) Guidance.--The Director shall, when developing the
guidance required under section 104(a) of the AI in
Government Act of 2020 (title I of division U of Public Law
116-260), consider--
(1) the considerations and recommended practices identified
by the National Security Commission on Artificial
Intelligence in the report entitled ``Key Considerations for
the Responsible Development and Fielding of AI'', as updated
in April 2021;
(2) the principles articulated in Executive Order 13960 (85
Fed. Reg. 78939; relating to promoting the use of trustworthy
artificial intelligence in Government); and
(3) the input of--
(A) the Privacy and Civil Liberties Oversight Board;
(B) relevant interagency councils, such as the Federal
Privacy Council, the Chief Information Officers Council, and
the Chief Data Officers Council;
(C) other governmental and nongovernmental privacy, civil
rights, and civil liberties experts; and
(D) any other individual or entity the Director determines
to be appropriate.
(b) Department Policies and Processes for Procurement and
Use of Artificial Intelligence-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 Procurement Officer, the Chief
Information Officer, the Chief Privacy Officer, and the
Officer for Civil Rights and Civil Liberties of the
Department and any other person determined to be relevant by
the Secretary of Homeland Security, shall issue policies and
procedures for the Department related to--
(A) the acquisition and use of artificial intelligence; and
(B) considerations for the risks and impacts related to
artificial intelligence-enabled systems, including associated
data of machine learning systems, to ensure that full
consideration is given to--
(i) the privacy, civil rights, and civil liberties impacts
of artificial intelligence-enabled systems; and
(ii) security against misuse, degradation, or rending
inoperable of artificial intelligence-enabled systems; and
(2) the Chief Privacy Officer and the Officer for Civil
Rights and Civil Liberties of the Department 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 shall identify any training and investments needed
to enable employees of the Office of the Inspector General to
continually advance their understanding of--
(1) artificial intelligence systems;
(2) best practices for governance, oversight, and audits of
the use of artificial intelligence systems; and
[[Page S5913]]
(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
Government Information, Privacy, Civil Rights, and Civil
Liberties.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director, in consultation with a
working group consisting of members selected by the Director
from appropriate interagency councils, shall develop an
initial means by which to--
(A) ensure that contracts for the acquisition of an
artificial intelligence system or service--
(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, 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) include considerations for securing the training data,
algorithms, and other components of any artificial
intelligence system against misuse, unauthorized alteration,
degradation, or rendering inoperable; and
(B) address any other issue or concern determined to be
relevant by the Director to ensure appropriate use and
protection of privacy and Government data and other
information.
(2) Consultation.--In developing the considerations under
paragraph (1)(A)(iv), the Director shall consult with the
Secretary of Homeland Security, the Director of the National
Institute of Standards and Technology, and the Director of
National Intelligence.
(3) Review.--The Director--
(A) should continuously update the means developed under
paragraph (1); and
(B) not later than 2 years after the date of enactment of
this Act and not less frequently than every 2 years
thereafter, shall update the means developed under paragraph
(1).
(4) Briefing.--The Director 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
Director first implements the means developed under paragraph
(1); and
(B) annually thereafter on the implementation of this
subsection.
(5) Sunset.--This subsection shall cease to be effective on
the date that is 5 years after the date of enactment of this
Act.
SEC. 5005. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE
CASES.
(a) Inventory.--Not later than 60 days after the date of
enactment of this Act, and continuously thereafter for a
period of 5 years, the Director, in consultation with the
Chief Information Officers Council, the Chief Data Officers
Council, and other interagency bodies as determined to be
appropriate by the Director, shall require the head of each
agency to--
(1) prepare and maintain an inventory of the artificial
intelligence use cases of the agency, including current and
planned uses;
(2) 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
(3) 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.
(b) Central Inventory.--The Director is encouraged to
designate a host entity and ensure the creation and
maintenance of an online public directory to--
(1) make agency artificial intelligence use case
information available to the public and those wishing to do
business with the Federal Government; and
(2) identify common use cases across agencies.
(c) Sharing.--The sharing of agency inventories described
in subsection (a)(2) 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.
SEC. 5006. 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, in
consultation with the Chief Information Officers Council, the
Chief Data Officers Council, and other interagency bodies as
determined to be appropriate by the Director, shall identify
4 new use cases for the application of artificial
intelligence-enabled systems to support interagency or intra-
agency modernization initiatives that require linking
multiple siloed internal and external data sources,
consistent with applicable laws and policies, including those
relating to the protection of privacy and of sensitive law
enforcement, national security, and other protected
information.
(b) Pilot Program.--
(1) Purposes.--The purposes of the pilot program under this
subsection include--
(A) to enable agencies to operate across organizational
boundaries, 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 the 4 new artificial
intelligence use case applications identified under
subsection (a), leveraging commercially available
technologies and systems to demonstrate scalable artificial
intelligence-enabled capabilities to support the use cases
identified under subsection (a).
(3) Risk evaluation and mitigation plan.--In carrying out
paragraph (2), the Director shall require the heads of
agencies to--
(A) evaluate risks in utilizing artificial intelligence
systems; and
(B) develop a risk mitigation plan to address those risks,
including consideration of--
(i) the artificial intelligence system not performing as
expected;
(ii) the lack of sufficient or quality training data; and
(iii) the vulnerability of a utilized artificial
intelligence system to unauthorized manipulation or misuse.
(4) Prioritization.--In carrying out paragraph (2), the
Director shall prioritize modernization projects that--
(A) would benefit from commercially available privacy-
preserving techniques, such as use of differential privacy,
federated learning, and secure multiparty computing; and
(B) otherwise take into account considerations of civil
rights and civil liberties.
(5) Use case modernization application areas.--Use case
modernization application areas described in paragraph (2)
shall include not less 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
preparedness, response, and 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.
(6) 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 within each of the 4 use
case pilots under this subsection that--
(A) solves data access and usability issues with automated
technology and eliminates or minimizes 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 the extent possible, 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, to the extent possible
(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.
(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 4 years, the Director shall brief the
appropriate congressional committees on the activities
carried out under this section and results of those
activities.
(d) Sunset.--The section shall cease to be effective on the
date that is 5 years after the date of enactment of this Act.
SEC. 5007. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.
(a) Innovative Commercial Items.--Section 880 of the
National Defense Authorization Act for Fiscal Year 2017 (41
U.S.C. 3301 note) is amended--
[[Page S5914]]
(1) in subsection (c), by striking $10,000,000'' and
inserting ``$25,000,000'';
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `commercial product'--
``(A) has the meaning given the term `commercial item' in
section 2.101 of the Federal Acquisition Regulation; and
``(B) includes a commercial product or a commercial
service, as defined in sections 103 and 103a, respectively,
of title 41, United States Code; 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 4022 of title 10, United
States Code; and
``(B) in applying the authorities of such section 4022, 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 4022(e) of title 10,
United States Code.''.
(c) Commercial Off the Shelf Supply Chain Risk Management
Tools.--The General Services Administration is encouraged to
pilot commercial off the shelf supply chain risk management
tools to improve the ability of the Federal Government to
characterize, monitor, predict, and respond to specific
supply chain threats and vulnerabilities that could inhibit
future Federal acquisition operations.
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