[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1353 Reported in Senate (RS)]
<DOC>
Calendar No. 669
117th CONGRESS
2d Session
S. 1353
[Report No. 117-270]
To promote United States values and fulfill agency missions through the
use of innovative applied artificial intelligence technologies, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2021
Mr. Peters (for himself and Mr. Portman) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
December 19, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To promote United States values and fulfill agency missions through the
use of innovative applied artificial intelligence technologies, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Advancing American AI
Act''.</DELETED>
<DELETED>SEC. 2. PURPOSE.</DELETED>
<DELETED> The purposes of this bill are to--</DELETED>
<DELETED> (1) 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;</DELETED>
<DELETED> (2) 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;</DELETED>
<DELETED> (3) enhance Government venues to translate
research advances into artificial intelligence applications to
modernize systems and assist agency leaders in fulfilling their
missions;</DELETED>
<DELETED> (4) test applied artificial intelligence to drive
agency productivity efficiencies in predictive supply chain and
logistics; and</DELETED>
<DELETED> (5) test applied artificial intelligence to
accelerate investment return for agencies, such as for
portfolio management, workforce development and upskilling, and
for other purposes.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Agency.--The term ``agency'' has the meaning
given the term in section 3502 of title 44, United States
Code.</DELETED>
<DELETED> (2) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Oversight and Reform
of the House of Representatives.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (4) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.</DELETED>
<DELETED>SEC. 4. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL
INTELLIGENCE IN GOVERNMENT.</DELETED>
<DELETED> (a) Continual Review.--</DELETED>
<DELETED> (1) In general.--The Director shall--</DELETED>
<DELETED> (A) establish mechanisms to continually
refine 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) as
best practices evolve; and</DELETED>
<DELETED> (B) not later than 180 days after the date
of enactment of this Act and every year thereafter,
brief the appropriate congressional committees on the
mechanisms established under subparagraph
(A).</DELETED>
<DELETED> (2) Considerations.--In developing updates to the
guidance described in paragraph (1)(A), the Director shall
consider the input of--</DELETED>
<DELETED> (A) the Privacy and Civil Liberties
Oversight Board;</DELETED>
<DELETED> (B) other governmental and nongovernmental
privacy, civil rights, and civil liberties experts;
and</DELETED>
<DELETED> (C) and any other individual or entity the
Director determines to be appropriate.</DELETED>
<DELETED> (3) Amendment to ai in government act of 2020.--
Section 104(d) of the AI in Government Act of 2020 (title I of
division U of Public Law 116-260) is amended to read as
follows:</DELETED>
<DELETED> ``(d) Updates.--The Director shall--</DELETED>
<DELETED> ``(1) continually issue updates to the memorandum
required under subsection (a); and</DELETED>
<DELETED> ``(2) in any event, issue updates to the
memorandum required under subsection (a)--</DELETED>
<DELETED> ``(A) not later than 2 years after the
date on which the Director issues the memorandum;
and</DELETED>
<DELETED> ``(B) not less frequently than annually
thereafter for 10 years.''.</DELETED>
<DELETED> (b) Legal and Approval Processes for Procurement and Use
of AI-Enabled Systems.--Not later than 180 days after the date of
enactment of this Act--</DELETED>
<DELETED> (1) the Secretary of Homeland Security, with the
participation of the Chief Privacy Officer and the Officer for
Civil Rights and Civil Liberties of the Department of Homeland
Security, shall revise the legal and approval processes for the
procurement and use of artificial intelligence-enabled systems,
including associated data of machine learning systems, to
ensure that full consideration is given to the privacy, civil
rights, and civil liberties impacts of artificial intelligence-
enabled systems; and</DELETED>
<DELETED> (2) the Chief Privacy Officer and the Officer for
Civil Rights and Civil Liberties of the Department of Homeland
Security shall report to Congress on any additional staffing or
funding resources that may be required to carry out the
requirements of this subsection.</DELETED>
<DELETED> (c) Inspector General.--Not later than 180 days after the
date of enactment of this Act, the Inspector General of the Department
of Homeland Security shall identify any training needed to enable
employees of the Office of the Inspector General to continually advance
their understanding of--</DELETED>
<DELETED> (1) rapidly evolving artificial intelligence
technologies;</DELETED>
<DELETED> (2) best practices for governance, oversight, and
audits of the use of those technologies; and</DELETED>
<DELETED> (3) how the Office of the Inspector General is
using artificial intelligence to enhance audit and
investigative capabilities, including actions to--</DELETED>
<DELETED> (A) ensure the integrity of audit and
investigative results; and</DELETED>
<DELETED> (B) guard against bias in the selection
and conduct of audits and investigations.</DELETED>
<DELETED> (d) Artificial Intelligence Hygiene and Protection of
Privacy and Government Information.--</DELETED>
<DELETED> (1) Establishment.--Not later than 1 year after
the date of enactment of this Act, the Administrator of the
Office of Federal Procurement Policy and the Chief Acquisition
Officers Council (in this subsection referred to as the
``Council'') or working group thereof shall develop a process
to--</DELETED>
<DELETED> (A) ensure that contracts involving
artificial intelligence--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (ii) address protection of
privacy; and</DELETED>
<DELETED> (iii) the ownership and security
of data and other information obtained,
processed, stored, transmitted, or otherwise
handled by a contractor or subcontractor;
and</DELETED>
<DELETED> (B) address any other issue or concern
determined to be relevant by the Administrator of the
Office of Federal Procurement Policy and the Council to
ensure appropriate use and protection of privacy and
Government data and other information.</DELETED>
<DELETED> (2) Review.--Not later than 2 years after the date
of enactment of this Act and every 2 years thereafter, the
Council shall update the process developed under paragraph
(1).</DELETED>
<DELETED> (3) Briefing.--The Council shall brief the
appropriate congressional committees--</DELETED>
<DELETED> (A) not later than 90 days after the date
of enactment of this Act and thereafter on a quarterly
basis until the Council first implements the process
developed under paragraph (1); and</DELETED>
<DELETED> (B) annually thereafter on the
implementation of the process developed under paragraph
(1).</DELETED>
<DELETED> (4) Sunset.--This subsection shall cease to be
effective on the date that is 10 years after the date of
enactment of this Act.</DELETED>
<DELETED>SEC. 5. AGENCY INVENTORY AND ARTIFICIAL INTELLIGENCE USE
CASES.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director, in consultation with the Federal
Chief Information Officer and the Chief Information Officers Council,
shall issue a memorandum to the head of each agency that shall
articulate the method by which the agency shall make public information
about the use of artificial intelligence by the agency, including the
publication criteria, publication format, and method of
publication.</DELETED>
<DELETED> (b) Inventory.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for a period of 10
years, the head of each agency shall--</DELETED>
<DELETED> (1) prepare an inventory of the artificial
intelligence use cases of the agency, including current and
planned uses, consistent with the memorandum issued under
subsection (a);</DELETED>
<DELETED> (2) identify, review, and assess existing
artificial intelligence deployed and operating in support of
agency missions for any inconsistencies with the guidance
issued under section 104 of the AI in Government Act of 2020
(title I of division U of Public Law 116-260) and any
additional guidance issued by the Director;</DELETED>
<DELETED> (3) develop and implement plans to achieve
consistency with the guidance issued under section 104 of the
AI in Government Act of 2020 (title I of division U of Public
Law 116-260) and any additional guidance from the Director for
each AI application or to retire AI applications found to be
developed or used in a manner that is not consistent with
guidance issued by the Director;</DELETED>
<DELETED> (4) 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</DELETED>
<DELETED> (5) 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.</DELETED>
<DELETED> (c) Sharing.--The sharing of agency inventories described
in subsection (b)(4) 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.</DELETED>
<DELETED> (d) Central Inventory.--The Director shall designate a
host entity and ensure the creation and maintenance of an online public
directory in order to--</DELETED>
<DELETED> (1) make agency artificial intelligence use case
information available to the public and those wishing to do
business with the Government; and</DELETED>
<DELETED> (2) identify common use cases across
agencies.</DELETED>
<DELETED>SEC. 6. RAPID PILOT, DEPLOYMENT, AND SCALE OF APPLIED
ARTIFICIAL INTELLIGENCE CAPABILITIES TO DEMONSTRATE
MODERNIZATION ACTIVITIES RELATED TO USE CASES.</DELETED>
<DELETED> (a) Identification of Use Cases.--Not later than 270 days
after the date of enactment of this Act, the Director shall identify
not fewer than 5 new use cases for the application of cross-enterprise
artificial intelligence-enabled systems to support modernization
initiatives across agencies, including interagency or intra-agency
initiatives that require linking multiple siloed internal and external
data sources.</DELETED>
<DELETED> (b) Pilot Program.--</DELETED>
<DELETED> (1) Purposes.--The purposes of the pilot program
under this section are--</DELETED>
<DELETED> (A) to enable agencies to operate cross-
enterprise, coordinating between existing established
programs and silos to improve delivery of the agency
mission; and</DELETED>
<DELETED> (B) to demonstrate the circumstances under
which artificial intelligence can be used to modernize
or assist in modernizing legacy agency
systems.</DELETED>
<DELETED> (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 5 new cross-enterprise
technology use case applications that leverage commercially
available technologies and systems to demonstrate scalable
artificial intelligence-enabled capabilities to support the use
cases identified under subsection (a).</DELETED>
<DELETED> (3) Prioritization.--In carrying out paragraph
(2), the Director shall prioritize modernization projects that
would benefit from commercially available privacy-preserving
machine learning and artificial intelligence techniques, such
as use of differential privacy, federated learning, and secure
multiparty computing.</DELETED>
<DELETED> (4) Use case modernization application areas.--Use
case modernization application areas described in paragraph (2)
shall include not fewer than 1 from each of the following
categories:</DELETED>
<DELETED> (A) Applied artificial intelligence to
drive agency productivity efficiencies in predictive
supply chain and logistics, such as--</DELETED>
<DELETED> (i) predictive food demand and
optimized supply;</DELETED>
<DELETED> (ii) predictive medical supplies
and equipment demand and optimized supply;
or</DELETED>
<DELETED> (iii) predictive logistics to
accelerate disaster recovery.</DELETED>
<DELETED> (B) Applied artificial intelligence to
accelerate agency investment return and address
mission-oriented challenges, such as--</DELETED>
<DELETED> (i) applied artificial
intelligence portfolio management for
agencies;</DELETED>
<DELETED> (ii) workforce development and
upskilling;</DELETED>
<DELETED> (iii) redundant and laborious
analyses;</DELETED>
<DELETED> (iv) determining compliance with
Government requirements, such as with grants
management; or</DELETED>
<DELETED> (v) outcomes measurement to
measure economic and social benefits.</DELETED>
<DELETED> (5) 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 that--
</DELETED>
<DELETED> (A) solves data access and usability
issues with automated technology and eliminate or
minimize the need for manual data cleansing and
harmonization efforts;</DELETED>
<DELETED> (B) continuously and automatically ingests
data and updates domain models in near real-time to
help identify new patterns and predict trends to help
agency personnel to make better decisions and take
faster actions;</DELETED>
<DELETED> (C) organizes data for meaningful data
visualization and analysis so the Government has
predictive transparency for situational awareness to
improve use case outcomes;</DELETED>
<DELETED> (D) is rapidly configurable to support
multiple applications and automatically adapts to
dynamic conditions and evolving use case
requirements;</DELETED>
<DELETED> (E) enables knowledge transfer and
collaboration across agencies; and</DELETED>
<DELETED> (F) preserves intellectual property rights
to the data and output for benefit of the Federal
Government and agencies.</DELETED>
<DELETED> (6) Technology modernization fund.--</DELETED>
<DELETED> (A) In general.--The activities required
under this section shall be an allowable use under the
Technology Modernization Fund established under section
1078 of the National Defense Authorization Act for
Fiscal Year 2018 (40 U.S.C. 11301 note) (in this
paragraph referred to as the ``Fund'').</DELETED>
<DELETED> (B) Prioritization.--The Director may
prioritize the activities in this section for
implementation and funding by the Fund, in which case
the Director is encouraged to take steps to ensure that
agencies are able to rapidly and effectively implement
the pilots under this subsection, including by removing
reimbursement requirements for funding from the
Fund.</DELETED>
<DELETED> (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 3 years, the Director shall brief the appropriate
congressional committees on the activities carried out under this
section and results of those activities.</DELETED>
<DELETED>SEC. 7. ENABLING ENTREPRENEURS AND VALUES.</DELETED>
<DELETED> (a) Innovative Commercial Items.--Section 880 of the
National Defense Authorization Act for Fiscal Year 2017 (41 U.S.C. 3301
note) is amended--</DELETED>
<DELETED> (1) in subsection (c), by striking $10,000,000''
and inserting ``$25,000,000''; and</DELETED>
<DELETED> (2) by amending subsection (f) to read as
follows:</DELETED>
<DELETED> ``(f) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `commercial product' has the
meaning given the term `commercial item' in section 2.101 of
the Federal Acquisition Regulation; and</DELETED>
<DELETED> ``(2) the term `innovative' means--</DELETED>
<DELETED> ``(A) any new technology, process, or
method, including research and development;
or</DELETED>
<DELETED> ``(B) any new application of an existing
technology, process, or method.''; and</DELETED>
<DELETED> (3) in subsection (g), by striking ``2022'' and
insert ``2027''.</DELETED>
<DELETED> (b) DHS Other Transaction Authority.--Section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``September 30, 2017'' and inserting
``September 30, 2024''; and</DELETED>
<DELETED> (B) by amending paragraph (2) to read as
follows:</DELETED>
<DELETED> ``(2) Prototype projects.--The Secretary--
</DELETED>
<DELETED> ``(A) may, under the authority of
paragraph (1), carry out prototype projects under
section 2371b of title 10, United States Code;
and</DELETED>
<DELETED> ``(B) in applying the authorities of such
section 2371b, the Secretary shall perform the
functions of the Secretary of Defense as prescribed in
such section.'';</DELETED>
<DELETED> (2) in subsection (c)(1), by striking ``September
30, 2017'' and inserting ``September 30, 2024''; and</DELETED>
<DELETED> (3) in subsection (d), by striking ``section
845(e)'' and all that follows and inserting ``section 2371b(e)
of title 10, United States Code.''.</DELETED>
<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There is authorized to be appropriated such sums as the
necessary to carry out the requirements of this Act and the amendments
made by this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing American AI Act''.
SEC. 2. PURPOSE.
The purposes of this Act 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. 3. DEFINITIONS.
In this Act:
(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.
(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. 4. 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
(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. 5. 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. 6. 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. 7. 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--
(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 2371b of
title 10, United States Code; and
``(B) in applying the authorities of such section
2371b, 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 2371b(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.
Calendar No. 669
117th CONGRESS
2d Session
S. 1353
[Report No. 117-270]
_______________________________________________________________________
A BILL
To promote United States values and fulfill agency missions through the
use of innovative applied artificial intelligence technologies, and for
other purposes.
_______________________________________________________________________
December 19, 2022
Reported with an amendment