Sunday, June 16, 2024

Sept. 14, 2020: Congressional Record publishes “AI IN GOVERNMENT ACT OF 2020”

Volume 166, No. 158 covering the 2nd Session of the 116th Congress (2019 - 2020) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“AI IN GOVERNMENT ACT OF 2020” mentioning the Environmental Protection Agency was published in the House of Representatives section on pages H4354-H4356 on Sept. 14, 2020.

More than half of the Agency's employees are engineers, scientists and protection specialists. The Climate Reality Project, a global climate activist organization, accused Agency leadership in the last five years of undermining its main mission.

The publication is reproduced in full below:

AI IN GOVERNMENT ACT OF 2020

Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2575) to authorize an AI Center of Excellence within the General Services Administration, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows:

H.R. 2575

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 ``AI in Government Act of 2020''.

SEC. 2. DEFINITIONS.

In this Act--

(1) the term ``Administrator'' means the Administrator of General Services;

(2) the term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code;

(3) the term ``AI CoE'' means the AI Center of Excellence described in section 3;

(4) 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);

(5) the term ``Director'' means the Director of the Office of Management and Budget;

(6) the term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and

(7) the term ``nonprofit organization'' means an organization described in section 501(c)(3)of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.

SEC. 3. AI CENTER OF EXCELLENCE.

(a) In General.--There is created within the General Services Administration a program to be known as the ``AI Center of Excellence'', which shall--

(1) facilitate the adoption of artificial intelligence technologies in the Federal Government;

(2) improve cohesion and competency in the adoption and use of artificial intelligence within the Federal Government; and

(3) carry out paragraphs (1) and (2) for the purposes of benefitting the public and enhancing the productivity and efficiency of Federal Government operations.

(b) Duties.--The duties of the AI CoE shall include--

(1) regularly convening individuals from agencies, industry, Federal laboratories, nonprofit organizations, institutions of higher education, and other entities to discuss recent developments in artificial intelligence, including the dissemination of information regarding programs, pilots, and other initiatives at agencies, as well as recent trends and relevant information on the understanding, adoption, and use of artificial intelligence;

(2) collecting, aggregating, and publishing on a publicly available website information regarding programs, pilots, and other initiatives led by other agencies and any other information determined appropriate by the Administrator;

(3) advising the Administrator, the Director, and agencies on the acquisition and use of artificial intelligence through technical insight and expertise, as needed;

(4) assist agencies in applying Federal policies regarding the management and use of data in applications of artificial intelligence;

(5) consulting with agencies, including the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Homeland Security, the Office of Management and Budget, the Office of the Director of National Intelligence, and the National Science Foundation, that operate programs, create standards and guidelines, or otherwise fund internal projects or coordinate between the public and private sectors relating to artificial intelligence;

(6) advising the Director on developing policy related to the use of artificial intelligence by agencies; and

(7) advising the Director of the Office of Science and Technology Policy on developing policy related to research and national investment in artificial intelligence.

(c) Staff.--

(1) In general.--The Administrator shall provide necessary staff, resources, and administrative support for the AI CoE.

(2) Shared staff.--To the maximum extent practicable, the Administrator shall meet the requirements described under paragraph (1) by using staff of the General Services Administration, including those from other agency centers of excellence, and detailees, on a reimbursable or nonreimbursable basis, from other agencies.

(3) Fellows.--The Administrator may, to the maximum extent practicable, appoint fellows to participate in the AI CoE from nonprofit organizations, think tanks, institutions of higher education, and industry.

(d) Sunset.--This section shall cease to be effective on the date that is 5 years after the date of enactment of this Act.

SEC. 4. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.

(a) Guidance.--Not later than 270 days after the date of enactment of this Act, the Director, in coordination with the Director of the Office of Science and Technology Policy in consultation with the Administrator and any other relevant agencies and key stakeholders as determined by the Director, shall issue a memorandum to the head of each agency that shall--

(1) inform the development of policies regarding Federal acquisition and use by agencies regarding technologies that are empowered or enabled by artificial intelligence, including an identification of the responsibilities of agency officials managing the use of such technology;

(2) recommend approaches to remove barriers for use by agencies of artificial intelligence technologies in order to promote the innovative application of those technologies while protecting civil liberties, civil rights, and economic and national security;

(3) identify best practices for identifying, assessing, and mitigating any discriminatory impact or bias on the basis of any classification protected under Federal nondiscrimination laws, or any unintended consequence of the use of artificial intelligence, including policies to identify data used to train artificial intelligence algorithms as well as the data analyzed by artificial intelligence used by the agencies; and

(4) provide a template of the required contents of the agency plans described in subsection (c).

(b) Public Comment.--To help ensure public trust in the applications of artificial intelligence technologies, the Director shall issue a draft version of the memorandum required under subsection (a) for public comment not later than 180 days after date of enactment of this Act.

(c) Plans.--Not later than 180 days after the date on which the Director issues the memorandum required under subsection

(a) or an update to the memorandum required under subsection

(d), the head of each agency shall submit to the Director and post on a publicly available page on the website of the agency--

(1) a plan to achieve consistency with the memorandum; or

(2) a written determination that the agency does not use and does not anticipate using artificial intelligence.

(d) Updates.--Not later than 2 years after the date on which the Director issues the memorandum required under subsection (a), and every 2 years thereafter for 10 years, the Director shall issue updates to the memorandum.

SEC. 5. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL

INTELLIGENCE.

(a) In General.--Not later than 18 months after the date of enactment of this Act, and in accordance with chapter 51 of title 5, United States Code, the Director of the Office of Personnel Management shall--

(1) identify key skills and competencies needed for positions related to artificial intelligence;

(2) establish an occupational series, or update and improve an existing occupational job series, to include positions the primary duties of which relate to artificial intelligence;

(3) to the extent appropriate, establish an estimate of the number of Federal employees in positions related to artificial intelligence, by each agency; and

(4) using the estimate established in paragraph (3), prepare a 2-year and 5-year forecast of the number of Federal employees in positions related to artificial intelligence that each agency will need to employ.

(b) Plan.--Not later than 120 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a comprehensive plan with a timeline to complete requirements described in subsection (a).

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from New York (Mrs. Carolyn B. Maloney) and the gentleman from Texas (Mr. Cloud) each will control 20 minutes.

The Chair recognizes the gentlewoman from New York.

GENERAL LEAVE

Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on the measure before us.

The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from New York?

There was no objection.

Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself such time as I may consume.

I thank Representative McNerney and former Ranking Member Meadows for introducing the Artificial Intelligence in Government Act.

As the Federal Government faces historic challenges and resource constraints due to the coronavirus pandemic, artificial intelligence can provide innovative solutions to help agencies fulfill their missions and is critical to broader IT modernization efforts.

H.R. 2575 would codify the Artificial Intelligence Center of Excellence at the General Services Administration, advancing the acquisition and implementation of AI technologies throughout the Federal Government by providing expertise, best practices, and support.

The bill would improve cohesion and competency around Federal use and adoption of AI by requiring agencies that use or plan to use such technologies to submit a memorandum to the Director of OMB demonstrating compliance with relevant guidelines. It also would require the Office of Personnel Management to evaluate AI skills needed in the Federal workforce and to provide an up-to-date occupational series for these skills.

If we are to maintain our leadership and competitive edge globally, America must prioritize these mission-critical capabilities and their strategic implementation across Federal agencies.

We also must ensure that AI is deployed with an unwavering commitment to cybersecurity, data security and integrity, ethics, privacy, and the protection of the constitutional rights of our citizens.

Mr. Speaker, I support this bill, and I reserve the balance of my time.

Mr. CLOUD. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 2575, the AI in Government Act.

Artificial intelligence, or AI, has the potential to improve our Federal workforce's productivity and to solve complex government challenges.

By responsibly increasing the utilization of AI in the Federal Government, we can streamline burdensome administrative tasks and better allocate finite resources. AI can potentially save the Federal Government billions of dollars and countless man-hours.

Artificial intelligence tools can also free Federal workers from mundane tasks, giving them time for more challenging work. In fact, a Deloitte report from 2017 estimated that the Federal Government could potentially save 1.2 billion employee labor-hours by automating certain tasks. That could potentially save the Federal Government up to $41 billion, annually.

AI can also improve Federal policy decisions by presenting new insights and improving the quality of information available to decisionmakers.

AI represents a force multiplier benefiting the American people in an era of soaring Federal deficits and increasing complexity of various Federal agency missions and programs. The taxpayers should especially benefit from a smarter, more effective government.

The good news is that the government agencies are well on their way to realizing the benefits of artificial intelligence technology solutions. A 2018 survey by IBM found that nearly half of the responding Federal agencies already incorporated AI solutions.

The Trump administration has already made advancement of AI a national priority. In February of 2019, President Trump issued the executive order on ``Maintaining American Leadership in Artificial Intelligence.''

The executive order promotes national research and development efforts, workforce training, and technology standards. However, it did not go as far as to establish the necessary accountability or governing policies for Federal agencies using AI tools. But the AI in Government Act does, because, along with the potential of AI, there are attending concerns and considerations regarding its ethical use which must be taken into account to maintain the trust and confidence of the American people.

H.R. 2575 ensures proper oversight over the government's increasing use of AI. The bill requires the Office of Management and Budget and the Office of Science and Technology Policy to issue a memorandum to agencies to inform the development of agency AI policy plans. These agency plans will provide greater insight into agency AI activities and will ensure public accountability over how Federal agencies incorporate AI tools into their mission delivery and decisionmaking.

Mr. Speaker, we must tap into the benefits AI has to offer, and, with this bill, we can do it with proper oversight and accountability. I urge my colleagues to support the bill, and I reserve the balance of my time.

Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. McNerney).

Mr. McNERNEY. Mr. Speaker, I thank the ranking member and chairwoman of the committee for their support of this bill, and all members of the committee.

The work of the Federal Government impacts every single American. Artificial intelligence presents many opportunities for the Federal Government to be better able to serve all Americans.

There are also certain risks that AI presents. As Federal agencies adopt AI technology, it is critical that they are equipped with the expertise and tools they need to succeed and that they address the potential risks of adopting this technology. That is why this legislation is critical. It will help Federal agencies scale AI adoption in a smart and responsible way.

First, this legislation will create a Center of Excellence within the General Services Administration. The Center of Excellence will provide a pool of AI experts within the Federal Government that can help agencies adopt AI and will also help better coordinate AI adoption across the Federal Government.

Second, this legislation will require agencies to develop governance plans to guide their AI adoption and use. These governance plans must address privacy and civil liberties considerations. The goal of these governance plans is to ensure agencies adopt and use AI in a responsible way.

Third, this legislation will make it easier for the Federal Government to attract AI talent by establishing a new occupational series for AI experts.

As co-chair of the Congressional AI Caucus, I have heard about the different ways in which the Federal agencies are adopting and looking to adopt AI to improve their operations and to be able to more effectively serve Americans. Some of these include the Food and Drug Administration, the Department of Energy, the Department of Defense, the USDA, the Veterans Affairs Administration, the Department of Labor, and the Environmental Protection Agency. The AI in Government Act will enable these Federal agencies and others to scale AI adoption, while reducing and addressing the potential risks of using AI.

I again want to thank Chairwoman Maloney and the Oversight Committee staff for working with me and my staff on this important bill.

I also want to thank Senators Portman, Harris, and Gardner for their leadership on this bill in the Senate.

I urge my colleagues to vote ``yes'' on this legislation.

{time} 1530

Mr. CLOUD. Mr. Speaker, artificial intelligence is leading to breakthroughs in productivity in industries across the Nation such as science, transportation, healthcare, and education. The American people deserve a government that takes full advantage of modern technology in a responsible manner.

H.R. 2575 will help assure the proper governance and oversight over the Federal Government's use of a rapidly advancing and promising technology area.

Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.

Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I urge passage of H.R. 2575, as amended, and I yield back the balance of my time.

The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from New York (Mrs. Carolyn B. Maloney) that the House suspend the rules and pass the bill, H.R. 2575, as amended.

The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.

A motion to reconsider was laid on the table.

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SOURCE: Congressional Record Vol. 166, No. 158