[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4468 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4468
To amend chapter 3 of title 5, United States Code, to require Executive
agencies to establish and implement an AI strategy, objectives, and
metrics plan for trustworthy artificial intelligence adoption to better
achieve the missions of such agencies to serve the people of the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2021
Mrs. Carolyn B. Maloney of New York introduced the following bill;
which was referred to the Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To amend chapter 3 of title 5, United States Code, to require Executive
agencies to establish and implement an AI strategy, objectives, and
metrics plan for trustworthy artificial intelligence adoption to better
achieve the missions of such agencies to serve the people of the United
States, and for other purposes.
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 ``Artificial Intelligence for Agency
Impact Act'' or the ``AI for Agency Impact Act''.
SEC. 2. AI STRATEGY, OBJECTIVES, AND METRICS PLANS.
(a) Amendment.--Chapter 3 of title 5, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER III--ARTIFICIAL INTELLIGENCE
``Sec. 321. Definitions
``In this subchapter:
``(1) Agency.--The term `agency' has the meaning given that
term in paragraph (1) section 3502 of title 44, United States
Code, except that term shall not include independent regulatory
agencies (as defined in paragraph (5) of such section).
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Oversight and Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
``(3) Artificial intelligence.--The term `artificial
intelligence' has the meaning given that term in section 238(g)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note).
``(4) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(5) Reliability.--The term `reliability' means, with
respect to the artificial intelligence, the extent to which--
``(A) data collected for use by the artificial
intelligence is a valid measure of the underlying
concepts addressed in the objectives of using the
artificial intelligence;
``(B) the safety, security, and robustness has been
tested and assured across each phase of development and
use of the artificial intelligence according to defined
objectives;
``(C) data records and fields are present and
sufficiently populated; and
``(D) data records reflect the actual underlying
information.
``(6) Representativeness.--The term `representativeness'
means the extent to which data sets used for training the
artificial intelligence is representative of the population or
operational environment to be assessed by the artificial
intelligence.
``Sec. 322. AI Strategy, Objectives, and Metrics Plan
``(a) AI Strategy, Objectives, and Metrics Plan.--The head of each
agency shall establish an AI Strategy, Objectives, and Metrics Plan
that contains strategies, objectives, and metrics for the trustworthy
adoption of artificial intelligence by the agency to better achieve the
mission of the agency to serve the people of the United States,
including the following:
``(1) Defined roles, responsibilities, and delegation of
authority for the use and oversight of artificial intelligence
used by the agency, including oversight of compliance with
relevant laws, regulations, standards, and guidance.
``(2) Defined values, ethics, and principles to foster
public trust and responsible use of artificial intelligence by
the agency.
``(3) Procedures--
``(A) to ensure the security and privacy of data
used by artificial intelligence used by the agency; and
``(B) for human supervision of, and accountability
for, artificial intelligence used by the agency.
``(4) For each artificial intelligence used by the agency
at the time the plan is established--
``(A) performance objectives and accompanying
metrics that clearly reflect or convey the intended
purpose of the artificial intelligence;
``(B) a process--
``(i) for the continuous or routine
monitoring and assessment the performance of
the artificial intelligence against the
objectives and metrics established for the
artificial intelligence under subparagraph (A)
to ensure that the artificial intelligence
functions as intended and carries out the goals
and objectives of using the artificial
intelligence; and
``(ii) that includes a plan to
systematically identify, analyze, and mitigate
any risks associated with the artificial
intelligence; and
``(C) documentation demonstrating that the
artificial intelligence relies on high quality,
reliable, representative data, including--
``(i) the sources and origins of data used
to train each artificial intelligence; and
``(ii) assessments of the reliability,
quality, and representativeness of--
``(I) data used to train the
artificial intelligence;
``(II) attributes used to
categorize data;
``(III) data variables used by the
artificial intelligence; and
``(IV) interconnectivities and
dependencies of data streams that
operationalize the artificial
intelligence; and
``(iii) a description of the range of data
and model drift that is acceptable for each
artificial intelligence.
``(5) Performance objectives and accompanying metrics, for
each opportunity identified by the agency to incorporate the
use of artificial intelligence into the platforms, processes,
and operations of the agency.
``(6) A description of how artificial intelligence used by
the agency are monitored, including a description of any
actions taken to correct the functioning or performance of the
artificial intelligence.
``(7) A description of how information on the design,
operation, limitations, and updates of the artificial
intelligence is made available to the public.
``(b) Relationship to Executive Order 13859, Memoranda.--A plan
developed under subsection (a) by an agency shall be consistent with--
``(1) section 3 of Executive Order 13960 (89 Fed. Reg.
13859) titled `Promoting the Use of Trustworthy Artificial
Intelligence in the Federal Government', issued on December 8,
2020; and
``(2) the memorandum issued by the Director to the agency
under section 104 of the AI in Government Act of 2020 (Public
Law 116-260; 40 U.S.C. 11301 note).
``(c) Reports.--
``(1) Initial report.--Not later than 180 days after the
memorandum required by section 104(a) of the AI in Government
Act of 2020 (Public Law 116-260; 40 U.S.C. 11301 note) is
issued, the head of each agency shall submit to the Director,
the Inspector General of the agency, and the appropriate
congressional committees a report that contains--
``(A) the AI Strategy, Objectives, and Metrics Plan
established by the agency under subsection (a);
``(B) an inventory (including a catalogue of model
and non-model components, specifications, and
parameters) of all artificial intelligence in use by
the agency, in accordance with the guidance issued
under paragraph (3); and
``(C) a description and assessment of opportunities
to incorporate the use artificial intelligence into the
platforms, processes, and operations of the agency to
enhance the effectiveness of the agency in
accomplishing the mission, operations, and programs of
the agency.
``(2) Progress reports.--In 2023, and every two years
thereafter until 2033, the head of each agency shall submit to
the Director and the appropriate congressional committees a
report--
``(A) on the implementation of the AI Strategy,
Objectives, and Metrics Plan established by the agency
under subsection (a); and
``(B) that identifies and assesses any
opportunities for, and risks any associated with, the
use, or potential use, of artificial intelligence by
the agency.
``(3) Agency inventory guidance.--Not later than 30 days
after the date of the enactment of this Act, the Chief
Information Officers Council shall issue, and make publicly
available, guidance that includes the criteria, format, and
mechanisms for the inventory required to be included in the
report under paragraph (1).
``(4) Reporting reciprocity.--The reports required by
paragraphs (1) and (2) shall fulfill the requirements of the AI
in Government Act of 2020 (Public Law 116-260; 40 U.S.C. 11301
note) and subsections (b) and (c) of section 5 of Executive
Order 13960 (89 Fed. Reg. 13859) titled `Promoting the Use of
Trustworthy Artificial Intelligence in the Federal Government',
issued on December 8, 2020, and shall include all information
required by such provisions.
``(d) Consultation.--In developing a plan required to be submitted
under subsection (a) and the reports required by subsection (c), the
head of the agency shall consult with the National Cyber Director and
the heads of the National Artificial Intelligence Initiative Office,
the National Artificial Intelligence Advisory Committee, the Artificial
Intelligence Center of Excellence.
``(e) Classified Annex.--The reports required by paragraphs (1) and
(2) of subsection (b) shall be made publicly available upon submission
to the entities described in such paragraphs, but such reports may
include a classified annex.
``(f) Rule of Construction.--Nothing in this subchapter may be
construed as authorizing the use by agencies of, or an appropriation
for, artificial intelligence.''.
(b) Clerical Amendment.--The table of contents for chapter 3 of
title 5, United States Code, is amended by adding after the item
relating to section 315 the following:
``subchapter iii--artificial intelligence
``321. Definitions
``322. AI strategy, objectives, and metrics plans required''.
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