--- kind: "diff" citation: "H.R. 2575" bill: "116-hr-2575" heading: "AI in Government Act of 2020" from: "ih" from_label: "Introduced in House" to: "eh" to_label: "Engrossed in House" sections_amended: 5 sections_added: 0 sections_removed: 2 url: "https://uscodex.org/bills/116/hr/2575/changes/eh" --- # H.R. 2575 — what changed H.R. 2575, AI in Government Act of 2020 — 5 sections amended and 2 removed between Introduced in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## Section 1 Short title - This Act may be cited as the “AI in Government Act of 2019”.2020”. ## Sec. 2 Definitions - In this Act— - (1) the term Administration “Administrator” means the Administrator of General Services Administration;Services; - (2) the term Administrator means “agency” has the Administrator meaning given the term in section 3502 of General Services;title 44, United States Code; - (3) the term agency has the meaning given “AI CoE” means the term AI Center of Excellence described in section 3502 of title 44, United States Code;3; - (4) the term AI CoE means “artificial intelligence” has the AI Center of Excellence described meaning given the term in section 3;238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note); - (5) the term artificial intelligence “Director” means any method implemented on a computer, including any method that is drawn from machine learning, data science, or statistics, to enable the computer to carry out a task or behavior that would require intelligence if performed by a human;Director of the Office of Management and Budget; - (6) the term Board means “institution of higher education” has the advisory board established under meaning given the term in section 5(a);101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and - (7) the term Director “nonprofit organization” means the Director of an organization described in section 501(c)(3)of the Office Internal Revenue Code of Management 1986 and Budget;exempt from taxation under section 501(a) of that Code. - (8) the term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and - (9) 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 established created within the General Services Administration an office a program to be known as the “AI Center of Excellence”, which shall— - (1) advise and promote the efforts of facilitate the Federal Government in developing innovative uses adoption of artificial intelligence by technologies in the Federal Government to the benefit of the public; andGovernment; - (2) improve cohesion and competency in the adoption and use of artificial intelligence.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) advising Federal Government acquisition collecting, aggregating, and use of artificial intelligence through technical insight publishing on a publicly available website information regarding programs, pilots, and expertise, as needed;other initiatives led by other agencies and any other information determined appropriate by the Administrator; - (3) assisting advising the Administrator, the Director, and agencies in applying on the management acquisition and use of data in applications of artificial intelligence;intelligence through technical insight and expertise, as needed; - (4) identifying and disseminating information assist agencies in applying Federal policies regarding educational the management and workforce development opportunities for agency employees relative to use of data in applications of artificial intelligence topics, and leading those opportunities, as needed;intelligence; - (5) studying economic, policy, legal, and ethical challenges and implications related to consulting with agencies, including the use Department of artificial intelligence by Defense, the Federal Government, including how Department of Commerce, the privacy, civil liberties, Department of Energy, the Department of Homeland Security, the Office of Management and civil rights Budget, the Office of individuals are or will be affected by the use Director of artificial intelligence by National Intelligence, and the Federal Government;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) encouraging and assisting joint initiatives with State or local governments, regional organizations, private businesses, institutions of higher education, nonprofit organizations, and Federal laboratories advising the Director on developing policy related to advance the innovative use of artificial intelligence in government; by agencies; and - (7) assisting relevant agencies in developing and maintaining plans for advising the governance Director of agency the Office of Science and Technology Policy on developing policy related to research and national investment in artificial intelligence systems.intelligence. - (c) Staff— - (1) In general— The Administrator shall provide necessary staff, resources, and administrative support for the AI CoE. - (2) Temporary or term appointments—Shared staff— The To the maximum extent practicable, the Administrator may hire temporary or term employees in accordance with part 316 shall meet the requirements described under paragraph (1) by using staff of title 5, Code the General Services Administration, including those from other agency centers of Federal Regulations, excellence, and detailees, on a reimbursable or any successor regulation, to serve as AI CoE employees.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. - (4) Details— When appropriate, and to the maximum extent practicable, the Administrator may detail AI CoE employees to agencies on a reimbursable or nonreimbursable basis in accordance with section 3341 of title 5, United States Code. - (d) Report to Congress—Sunset— The Administrator This section shall submit cease to Congress an annual report be effective on the AI CoE, which shall include, for date that is 5 years after the preceding year—date of enactment of this Act. - (1) a summary of the activity of the AI CoE, including a description of specific projects worked on in partnership with agencies; - (2) recommendations on ways in which agencies can better support the development and deployment of artificial intelligence, including initiatives designed to promote knowledge of those technologies among the Federal workforce; and - (3) an identification of joint initiatives encouraged or assisted under subsection (b)(6). - (e) Transfer of functions— All functions of the Emerging Citizen Technology Office of the Administration, including the personnel, assets, and obligations of the Emerging Citizen Technology Office, as in existence before the date of enactment of this Act, shall be transferred to the AI CoE. - (f) Deeming of name— Any reference in law, regulation, document, paper, or other record of the United States to the Emerging Citizen Technology Office of the Administration shall be deemed a reference to the AI CoE. ## Sec. 4 Guidance for agency use of artificial intelligence - (a) Guidance— In order to develop a clear and comprehensive understanding Not later than 270 days after the date of how artificial intelligence can be used to deliver benefits to citizens enactment of the United States while mitigating risks, this Act, the Director, in coordination with the Administrator, Director of the head Office of Science and Technology Policy in consultation with the Administrator and any other relevant agency agencies and key stakeholders as determined by the Director, and key stakeholders, shall issue a memorandum to the head of each agency that shall— - (1) inform the development of artificial intelligence governance approaches policies regarding Federal acquisition and use by those agencies regarding technologies and applications that—that are empowered or enabled by artificial intelligence, including an identification of the responsibilities of agency officials managing the use of such technology; - (A) are empowered or enabled by the use of artificial intelligence within that agency; and - (B) advance the innovative use of artificial intelligence for the benefit of the public while upholding civil liberties, privacy, and civil rights; - (2) consider ways recommend approaches to reduce remove barriers to the for use by agencies of artificial intelligence technologies in order to promote the innovative application of those technologies for the benefit of the public, while protecting civil liberties, privacy, and civil rights;rights, and economic and national security; - (3) establish identify best practices for identifying, assessing, and mitigating any discriminatory impact or bias on the basis of any classification protected under Federal nondiscrimination laws laws, or other negative any unintended consequence stemming from of the use of artificial intelligence, including policies to identify data used to train artificial intelligence systems; 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 Governance Plans plans described in subsection (b).(c). - (b) Agency governance plans—Public comment— Not 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 the date on which the memorandum is issued under subsection (a), the head of each agency shall—enactment of this Act. - (1) review the applications of artificial intelligence at the agency; - (2) identify and prioritize applications of artificial intelligence that would significantly benefit the public while upholding civil liberties, privacy, and civil rights; and - (3) submit to the Director and the Administrator a Governance Plan to achieve consistency with the memorandum. - (c) Public availability—Plans— Each agency described in Not later than 180 days after the date on which the Director issues the memorandum required under subsection (b) shall—(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) not later than 1 year after the date on which the head of the agency submits the Governance Plan of the agency under subsection (b), and each year thereafter, update the Governance Plan pursuant a plan to any change in achieve consistency with the factors described in (a)(1);memorandum; or - (2) solicit public feedback during the development of the Governance Plan in a written determination that the form of public hearings agency does not use and online submission of comments; anddoes 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. - (3) make available each Governance Plan centrally available in a machine-readable format at a publicly available online portal on the website of the agency. - (d) Central online governance plans portal— - (1) In general— The Administrator shall maintain a single public interface online to compile published agency Governance Plans in accordance with subsection (c). - (2) Submission of links— The Administrator and the Director shall ensure that agencies can submit links, with appropriate descriptive metadata, to the public Governance Plans for publication and public availability on the interface described in paragraph (1). ## Sec. 5 Update of occupational series for artificial intelligence - (a) In general— The Administrator shall establish an advisory board to advise the Administrator on issues that are relevant to Not later than 18 months after the mission and duties date of the AI CoE enactment of this Act, and to inform in accordance with chapter 51 of title 5, United States Code, the priorities and projects worked on by Director of the AI CoE.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). - (b) Composition— - (1) Chair— The Director shall serve as Chair of the Board. - (2) Other members— The Board shall be composed of the following members: - (A) One designee from each of the following: - (i) The Office of Science and Technology Policy. - (ii) The Department of Commerce. - (B) Six designees from agencies not listed in subparagraph (A), who shall be designated by the Chair of the Board once every 12 months. - (C) Eight members designated by the Chair of the Board once every 6 months, of whom— - (i) four shall be representatives of relevant industries; - (ii) two shall be representatives of institutions of higher education; and - (iii) two shall be representatives of public interest groups representing privacy, civil liberties, and civil rights issues. - (3) Qualifications— Each member of the Board designated under subparagraph (B) or (C) of paragraph (2) shall have demonstrated experience and expertise in the field of artificial intelligence. - (c) Meetings— The Board shall meet not less frequently than once every 12 months. - (d) Annual list— Each year, the Board shall publish on a publicly available website a list of areas of improvement within the Federal Government that would benefit from additional technical or technical policy expertise. - (e) Compensation— Members of the Board shall serve on the Board without compensation, except that members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. - (f) Duration— Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. ## Sec. 6 Update of occupational series for artificial intelligence — removed - Not later than 180 days 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; and - (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. ## Sec. 7 Sunset — removed - Sections 3 and 5 of this Act shall cease to be effective on the date that is 5 years after the date of enactment of this Act.