Section 1 Short title
This act may be cited as the “AI in Counterterrorism Oversight Enhancement Act”.
AI in Counterterrorism Oversight Enhancement Act
A BILL
To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to strengthen the ability of the Privacy and Civil Liberties Oversight Board to provide meaningful oversight and governance related to the use of artificial intelligence technologies for counterterrorism purposes, and for other purposes.
Sec. 2 Oversight of use of artificial intelligence-enabled technologies by executive branch for counterterrorism purposes
Amendments to authorities and responsibilities of the Privacy and Civil Liberties Oversight Board— Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) is amended—
in subsection (d)—
in paragraph (2)—
in subparagraph (B), by striking “; and” and inserting a semicolon;
by redesignating subparagraph (C) as subparagraph (D); and
by inserting after subparagraph (B) the following:
“(C) artificial intelligence-enabled technologies to protect the Nation from terrorism to determine whether they appropriately protect privacy and civil liberties and adhere to policies regarding privacy and civil liberties; and”
in subsection (g)(1)—
by redesignating paragraphs (2) through (5) as subparagraphs (3) through (6); and
by inserting after paragraph (1) the following new paragraph:
“(2) Inclusion of certain information related to artificial intelligence—Relevant material and information to which the Board is authorized to have access under subparagraph (A) of paragraph (1) or to subpoena under subparagraph (D) of such paragraph may include information on artificial intelligence-enabled technologies that are in use by, or that have been proposed to be acquired by the executive branch, such as materials documenting—
“(A) the processes for data collection related to artificial intelligence-enabled technologies, for obtaining consent related to the use of such technologies, or for the disclosure of the use of such technologies;
“(B) the models of such technologies in use or that have been proposed to be acquired; and
“(C) processes for training and testing related to such technologies.”
by adding at the end the following:
“(n) Definition—In this subtitle, the term “artificial intelligence” has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).”
Amendments to authorities and responsibilities of privacy and civil liberties officers— Section 1062 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C 2000ee–1) is amended—
in subsection (a)—
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5); and
by inserting after paragraph (2) the following new paragraph:
“(3) provide to the Privacy and Civil Liberties Oversight Board—
“(A) notice of the use by such department, agency, or element of any artificial intelligence-enabled technologies to protect the Nation from terrorism (including classified technologies) that may have an impact on privacy or civil liberties; and
“(B) access to associated impact statements, including system of record notices, privacy impact assessments, and civil liberties impact assessments.”
in subsection (d)(1), by inserting “(including as described under subsection (a)(3))” after “officer”.
Self-Assessment by Privacy and Civil Liberties Board— Not later than 270 days after the date of the enactment of this Act, the Privacy and Civil Liberties Oversight Board under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) shall provide to the appropriate committees (as described in subsection (e) of such section) a self-assessment of any change in resources or organizational structure that may be necessary to carry out the requirements related to artificial intelligence-enabled technologies under sections 1061 and 1062 of such Act, as amended by this section.