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Calendar No. 456
116th Congress } { Report
SENATE
2d Session } { 116-225
_______________________________________________________________________
AI IN GOVERNMENT ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 1363
TO AUTHORIZE AN AI CENTER OF EXCELLENCE WITHIN THE
GENERAL SERVICES ADMINISTRATION, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 1, 2020.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio GARY C. PETERS, Michigan
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah KAMALA D. HARRIS, California
RICK SCOTT, Florida KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri
Gabrielle D'Adamo Singer, Staff Director
Joseph C. Folio III, Chief Counsel
Patrick J. Bailey, Chief Counsel for Governmental Affairs
Andrew J. Timm, Professional Staff Member
David M. Weinberg, Minority Staff Director
Zachary I. Schram, Minority Chief Counsel
Michelle M. Benecke, Minority Senior Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 456
116th Congress } { Report
SENATE
2d Session } { 116-225
======================================================================
AI IN GOVERNMENT ACT OF 2019
_______
June 1, 2020.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1363]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1363) to authorize
an AI Center of Excellence within the General Services
Administration, 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 Need for the Legislation..........................2
III. Legislative History..............................................4
IV. Section-by-Section Analysis......................................4
V. Evaluation of Regulatory Impact..................................5
VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............7
I. PURPOSE AND SUMMARY
S. 1363, the AI in Government Act of 2019, creates a new
office in the General Services Administration (GSA), called the
``AI Center of Excellence,'' to promote adoption, use,
competency, and cohesion of Federal Government applications of
artificial intelligence (AI) to enhance productivity and
efficiency of government operations for the public benefit.
The bill also requires the Director of the Office of
Management and Budget (OMB) to issue guidance for agency use of
AI, requires agencies to develop Governance Plans based on
OMB's guidance, and requires agencies to make publicly
available their respective Governance Plans on their agency
websites.
Additionally, the bill requires the Director of the Office
of Personnel Management (OPM) to identify skills and
competencies necessary for Federal AI occupations, establish or
update an existing occupational series for Federal AI
occupations, estimate the current number of the Federal AI
workforce, and prepare a three-year and ten-year forecast for
Federal AI hiring needs.
II. BACKGROUND AND THE NEED FOR LEGISLATION
When used by the Federal Government, AI has the potential
to solve complex problems, reduce administrative burdens, and
optimize resource allocations.\1\ Estimates show automating
routine tasks alone could allow Federal agencies to deliver
better, faster services; utilize up to 1.2 billion Federal
employee labor hours for more critical tasks; and, potentially
save the Federal Government up to $41.1 billion annually.\2\
Currently, over 120 Federal agencies use some form of AI to
improve their citizen services and public sector demand for AI
solutions will continue to grow.\3\ According to one study,
``over two-thirds of U.S. federal agencies plan to make
investments in AI technologies in the next year'' and ``82% of
federal executives'' agree their agency will integrate AI
within the next two years.\4\
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\1\Hila Mehr, Artificial Intelligence for Citizen Services and
Government, Harvard Kennedy School: Ash Center for Democratic
Governance and Innovation (Aug. 2017), https://ash.harvard.edu/files/
ash/files/artificial_intelligence_for_citizen_services.pdf.
\2\William D. Eggers, et. al, AI-Augmented Government: Using
Cognitive Technologies to Redesign Public Sector Work, Deloitte
University Press (2017), https://www2.deloitte.com/content/dam/
insights/us/articles/3832_AI-augmented-government/DUP_AI-augmented-
government.pdf.
\3\David Freeman Engstrom, et. al., Government by Algorithm: AI Use
by Federal Agencies (February 3, 2020), https://www.youtube.com/
watch?v=SnGUWHgLP-Q.
\4\Dominic Delmolino, Technology Advances. Federal Impacts.
Intelligent Enterprise Unleashed: Accenture Technology Vision 2018.
Accenture (2018), https://www.accenture.com/_ACNMEDIA/PDF-78/ACCENTURE-
FEDERAL-SERVICES-TECHVISION-2018.PDF#ZOOM=50.
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Notwithstanding AI's potential benefits for Federal
agencies, some have raised concerns about the technology's
susceptibility to developing or perpetuating bias, lack of
transparency and ability to explain decisions, and the adequacy
of AI talent to meet current and future demand.\5\ To promote
innovative uses of AI in the public sector while mitigating
against potential risks and barriers to adoption, the AI in
Government Act of 2019 codifies and expands existing Federal
initiatives established in relation to the American AI
Initiative ensuring continuity and sustained progress in public
sector use of AI.
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\5\Digital Decision-Making: The Building Blocks of Machine Learning
and Artificial Intelligence: Hearing Before the S. Subcommittee on
Communications, Technology, Innovation, and the Internet of the Comm.
on Commerce, Science, and Transportation, 115th Cong. 33 (2017)
(statement of Edward W. Felton, Robert E. Kahn Professor of Computer
Science and Public Affairs, Princeton University).
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In September 2019, the White House Office of Science and
Technology Policy held The Summit on Artificial Intelligence in
Government, attended by 175 leaders from the Federal
Government, industry, and institutions of higher education, to
discuss how the Federal Government can promote the adoption of
AI for the public benefit.\6\ The Summit focused on the
strategic objectives of the American AI Initiative initiated by
President Trump through an executive order on February 14,
2019.\7\ The key findings of the Summit included: ``leveraging
experiences and best practices across government, industry, and
academia . . . to accelerate AI use in government;'' Center of
Excellence models ``can be an important mechanism for agencies
to share AI expertise and best practices;'' and increased
adoption of AI in the Federal Government will require a skilled
workforce.\8\
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\6\Office of Science and Technology Policy, The White House,
Summary of the 2019 White House Summit on Artificial Intelligence in
Government (Sept. 9, 2019), https://www.whitehouse.gov/wp-content/
uploads/2019/09/Summary-of-White-House-Summit-on-AI-in-Government-
September-2019.pdf.
\7\Exec. Order No. 13,859, 84 Fed. Reg. 3,967 (Feb. 14, 2019).
\8\Office of Science and Technology Policy, The White House,
Summary of the 2019 White House Summit on Artificial Intelligence in
Government (Sept. 9, 2019), https://www.whitehouse.gov/wp-content/
uploads/2019/09/Summary-of-White-House-Summit-on-AI-in-Government-
September-2019.pdf.
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In response to this legislation, in October 2019, the GSA
created the AI Center of Excellence to assist Federal agencies
in realizing the benefits of AI and act upon the findings of
the Summit.\9\ The AI in Government Act of 2019 codifies GSA's
AI Center of Excellence and mandates several responsibilities
building on the findings of the Summit. To better leverage
experience and best practices across sectors, the bill would
require the AI Center of Excellence regularly convene
stakeholders from agencies, industry, Federal laboratories,
nonprofits, academia, and other entities facilitating cross-
sector awareness of innovative AI applications, use cases, and
other relevant information related to AI.
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\9\Jack Corrigan, GSA Offers More Details on Artificial
Intelligence Center of Excellence, Nextgov (Oct. 8, 2019), https://
www.nextgov.com/emerging-tech/2019/10/gsa-offers-more-details-
artificial-intelligence-center-excellence/160452/.
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Additionally, to develop a better understanding of how
Federal agencies currently deliver benefits to citizens through
AI and plan to adhere to the principles outlined in the
American AI Initiative, the bill requires the OMB Director to
issue guidance to inform agencies' adoption and governance of
AI. Agencies would be required to submit their Governance Plans
to the OMB Director to address agencies' respective strategies
for advancing innovative uses and reducing barriers to adoption
while mitigating risks to civil liberties, privacy, civil
rights, or other unintended consequences. The bill requires
agencies to publicly post their Governance Plans on their
respective agency websites, and requires the GSA Administrator
to create and maintain a publicly available online repository
for all the plans.
While official government AI workforce data does not exist,
reports indicate a current shortage of AI experts.\10\ The AI
in Government Act of 2019 requires the OPM Director to identify
skills and competencies related to Federal AI occupations,
forecast three-year and ten-year hiring needs of the Federal AI
workforce, and create a new occupational category or update an
existing category to ensure that Federal agencies hire
appropriately skilled workers. Additionally, to improve
cohesion and competence of AI's use in Federal agencies, the
bill ensures the AI Center of Excellence and Federal agencies
have adequate AI talent to carry out their goals. The bill
allows the GSA Administrator to make temporary or term
appointments, appoint fellows from nonprofits, think tanks,
academia, and industry, and detail AI Center of Excellence
employees to other agencies.
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\10\Executive Office of the President of the United States, Select
Committee on Artificial Intelligence, National Science & Technology
Council, The National Artificial Intelligence Research and Development
Strategic Plan: 2019 Update (June 2019), https://www.nitrd.gov/pubs/
National-AI-RD-Strategy-2019.pdf.
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III. LEGISLATIVE HISTORY
Senator Brian Schatz (D-HI) introduced S. 1363, the AI in
Government Act of 2019, on May 8, 2019, with Senator Rob
Portman (R-OH), Senator Cory Gardner (R-CO), and Senator Kamala
Harris (D-CA). The bill was referred to the Committee on
Homeland Security and Governmental Affairs.
The Committee considered S. 1363 at a business meeting on
November 6, 2019. During the business meeting, a substitute
amendment was offered by Senator Portman and Ranking Member
Gary Peters (D-MI). The amendment was adopted by voice vote.
The bill, as amended, was reported favorably by voice vote en
bloc. Senators present for the vote were Johnson, Portman,
Paul, Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper,
Hassan, Sinema, and Rosen.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
This section names the bill the ``AI in Government Act of
2019.''
Section 2. Definitions
This section includes definitions of the terms
``Administrator,'' ``agency,'' ``artificial intelligence,''
``Director,'' ``institute of higher education,'' and
``nonprofit organization.''
Section 3. AI Center of Excellence
This section establishes an office within the GSA called
the ``AI Center of Excellence'' to enhance productivity and
efficiency of the use of AI by the Federal Government.
This section outlines the AI Center of Excellence's duties
and requires it to regularly convene stakeholders from
agencies, industry, Federal laboratories, academia, and others
to discuss developments and trends in AI technology and
disseminate information to agencies and on a publicly available
website. The AI Center of Excellence is required to advise and
provide technical expertise to the Federal Government on the
acquisition and procurement of AI and assist agencies in
applying management and use of data in AI applications. The AI
Center of Excellence is required to consult with other Federal
entities currently operating programs, creating standards and
guidelines, and funding internal projects to coordinate between
the public and private sector. This section also requires the
AI Center of Excellence to advise the Director of OMB on the
development of policy related to the use of AI technology by
agencies and the Director of Office of Science and Technology
Policy (OSTP) on policy related to research and national
investment in artificial intelligence.
Under this section, the GSA Administrator would be required
to provide necessary staff, resources, and administrative
support to the AI Center of Excellence through the appointment
of temporary or term employees and fellows from nonprofits,
think tanks, academia, and industry, and also would allow the
Administrator to detail AI Center of Excellence employees to
agencies on a reimbursable or non-reimbursable basis.
The GSA Administrator is required to provide an annual
briefing to Congress on the AI Center of Excellence's
activities for the preceding year, including a summary and
description of specific projects undertaken; recommendations
for agencies to support the development and deployment of AI to
promote knowledge of AI among the Federal workforce; and any
other information deemed relevant by the Administrator.
This section would sunset ten years after the date of the
enactment of the legislation.
Section 4. Guidance for agency use of artificial intelligence
This section would require the OMB Director, in
coordination with the OSTP Director, and in consultation with
the GSA Administrator and any other agencies or stakeholders as
determined by the Director, to issue a memorandum not later
than 270 days after the date of enactment of this bill to the
head of each agency related to the development of agency
policies for AI.
This section also mandates OMB's guidance provide direction
on the development of policies related to the acquisition and
use of AI technologies at Federal agencies, recommendations to
remove barriers to innovation and the adoption of AI at Federal
agencies while protecting civil liberties, privacy, civil
rights, and economic and national security, and best practices
for identifying, assessing, and mitigating unintended
consequences related to the use of AI by the Federal
Government.
This section would also require OMB to issue draft guidance
subject to public comment not later than 180 days after the
enactment of this legislation. Upon OMB's issuance of final
guidance, this section requires the heads of each agency using
or anticipating the use of AI at their respective agencies
submit to the Director and post publicly online the agency's
plan to achieve consistency with OMB guidance. The section
requires the Director to update guidance every two years.
Section 5. Update of occupational series for artificial intelligence
Not later than one year after the date of enactment of this
bill, the OPM Director must identify skills needed for
positions in AI, establish a new or update an existing
occupational series relating to Federal AI positions, estimate
the current number of Federal positions related to AI, and
prepare a three-year and ten-year forecast of the hiring needs
of the Federal AI workforce. Additionally, this section
requires the Director submit a comprehensive plan and timeline
to complete this inquiry within 120 days after the enactment of
this legislation to the Senate Homeland Security and
Governmental Affairs and House Committee on Oversight and
Reform.
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 6, 2020.
Hon. Ron Johnson,
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. 1363, the AI in
Government Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1363 would establish an Artificial Intelligence Center
of Excellence within the General Services Administration (GSA)
to promote federal efforts to develop artificial intelligence
(AI) and apply it to government agencies. AI allows computer
systems to perform tasks that normally require human
intelligence, such as visual perception, speech recognition,
decisionmaking, and translating between languages. The bill
also would require the Office of Science and Technology Policy
to issues guidance to federal agencies on AI acquisition and
best practices. Finally, the Office of Personnel Management
would establish an AI jobs series.
Using information from GSA and other agencies about current
efforts to use AI and the scope of S. 1363, CBO estimates that
implementing S. 1363 would cost around $2 million annually,
primarily for about four to five full-time new employees to
manage the proposed new center and about $1 million to run the
website.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, the Committee notes that no changes in existing law
are made by S. 1363 as ordered reported.
