[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1356 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1356
To establish a task force on organizational structure for artificial
intelligence governance and oversight.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Bennet introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish a task force on organizational structure for artificial
intelligence governance and oversight.
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 ``Assuring Safe, Secure, Ethical, and
Stable Systems for AI Act'' or the ``ASSESS AI Act''.
SEC. 2. 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 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).
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