[Senate Report 117-82]
[From the U.S. Government Publishing Office]
Calendar No. 283
117th Congress } { Report
SENATE
2d Session } { 117-82
_______________________________________________________________________
GOOD AI ACT OF 2021
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3035
TO ESTABLISH THE ARTIFICIAL INTELLIGENCE HYGIENE
WORKING GROUP, AND FOR OTHER PURPOSES
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February 28, 2022.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
29-010 WASHINGTON : 2022
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Michelle M. Benecke, Senior Counsel
Pamela Thiessen, Minority Staff Director
Andrew C. Dockham, Minority Chief Counsel and Deputy Staff Director
Sam J. Mulopulos, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 283
117th Congress } { Report
SENATE
2d Session } { 117-82
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GOOD AI ACT OF 2021
_______
February 28, 2022.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3035]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3035) to establish
the Artificial Intelligence Hygiene Working Group, and for
other purposes having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and the Need for Legislation..........................2
III. Legislative History..............................................2
IV. Section-by-Section Analysis of the Bill, as Reported.............2
V. Evaluation of Regulatory Impact..................................3
VI. Congressional Budget Office Cost Estimate........................3
VII. Changes in Existing Law Made by the Bill, as Reported............4
I. PURPOSE AND SUMMARY
S. 3035, the Government Ownership and Oversight of Data in
Artificial Intelligence Act, or the ``GOOD AI Act,'' requires
the Office of Management and Budget (OMB), in consultation with
a newly established Artificial Intelligence (AI) Hygiene
Working Group, to develop acquisition guidance to protect
privacy and civil liberties, address data ownership, and secure
AI systems against misuse. Such risk mitigation measures will
allow the federal government to realize the benefits of these
technologies in improving operations while better securing the
United States' economy and national security and protecting
Americans from harm.\1\
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\1\National Security Commission on Artificial Intelligence, Final
Report (Mar. 1, 2021), at 9.
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II. BACKGROUND AND THE NEED FOR LEGISLATION
Recent executive orders have promoted the use of AI across
the federal government.\2\ Currently, however, there is little
guidance for agencies on appropriate acquisition and use of AI.
This presents a risk of misuse and the potential for
discrimination impacting individuals and groups.\3\ One concern
is the ownership and security of data held by the federal
government, including Americans' personally identifiable
information. For example, there have been reports that certain
contractors are uploading and storing data they handle while
supporting federal agencies into their own databases.\4\ Unlike
contracts for cybersecurity support, government contracts for
AI services generally do not include technology-specific
clauses to protect the ownership and security of government
data and systems. The GOOD AI Act addresses this gap by
creating an AI Hygiene Working Group to develop and implement
such policies for AI acquisition.
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\2\Exec. Order No. 13960, 85 Fed. Reg. 78939 (Dec. 3, 2020); see
also Exec. Order No. 13859, 84 Fed. Re. 3967 (Feb. 11, 2019).
\3\Brookings Institution Report, Protecting Privacy in an AI-driven
World (Feb. 10, 2020).
\4\The Secretive Company That Might End Privacy as We Know It, New
York Times (Jan. 18, 2020).
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III. LEGISLATIVE HISTORY
Chairman Gary Peters (D-MI) introduced S. 3035, the GOOD AI
Act, on October 21, 2021, with Ranking Member Rob Portman (R-
OH) as cosponsor. The bill was referred to the Committee on
Homeland Security and Governmental Affairs.
The Committee considered S. 3035 at a business meeting on
November 3, 2021. The bill, as amended by the Peters Substitute
Amendment, was ordered reported favorably en bloc by voice vote
with Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff,
Portman, Johnson, Lankford, Romney, Scott, and Hawley present.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
This section establishes the short title of the bill as the
``GOOD AI Act of 2021.''
Section 2. Principles and policies for use of artificial intelligence
in government
Subsection (a) provides definitions for the terms
``agency,'' ``appropriate Congressional committees,''
``artificial intelligence,'' ``artificial intelligence
system,'' and ``Director.''
Subsection (b) directs the Director of OMB to consider
recent recommendations of the National Security Commission on
Artificial Intelligence, principles articulated in Executive
Order 13960 on promoting trustworthy AI in the federal
government, and the input of relevant interagency bodies and
governmental and non-governmental experts when updating
guidance for federal agencies on the use of AI required by the
AI in Government Act of 2020. This requirement will sunset four
years after date of enactment.
Subsection (c) of Section 2 instructs the OMB Director to
establish and consult with an AI Hygiene Working Group
comprised of members from appropriate interagency councils. The
Working Group must create, and the Director must implement,
contract requirements for: securing AI systems against misuse,
unauthorized alteration, degradation, or being rendered
inoperable; ensuring the protection of privacy, civil rights,
and civil liberties; and addressing the ownership and security
of data and other information created. The OMB Director and the
Working Group are permitted to develop more than one approach
to these requirements to take into account differing levels of
risk or other relevant factors, and the requirements must be
updated every two years, with a sunset ten years after
enactment. This subsection also requires the OMB Director to
brief Congress periodically on the implementation of this Act
until the requirements are fully implemented, and annually
thereafter, with a ten-year sunset.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 13, 2021.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3035, the GOOD AI
Act of 2021.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Aldo
Prosperi.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
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Artificial Intelligence (AI) allows computer systems to
perform tasks that typically would require human intelligence.
S. 3035 would require the Office of Management and Budget (OMB)
to issue guidance to federal agencies on how to safely and
securely acquire AI technology. Under the bill, OMB also would
report to the Congress on the effectiveness of its efforts.
Based on the costs of similar efforts, CBO estimates that
publishing guidance and satisfying the reporting requirement
would cost less than $500,000 over the 2022-2026 period. Such
spending would be subject to the availability of appropriated
funds.
The CBO staff contact for this estimate is Aldo Prosperi.
The estimate was reviewed by Leo Lex, Deputy Director of Budget
Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
Because S. 3035 would not repeal or amend any provision of
current law, it would make no changes in existing law within
the meaning of clauses (a) and (b) of paragraph 12 of rule XXVI
of the Standing Rules of the Senate.
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