[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2492-S2493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 296. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 of subtitle G of title X, insert the following:

     SEC. ___. 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

[[Page S2493]]

     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).
                                 ______