II 

116TH CONGRESS 

2D SESSION S. 3771 

To require the Secretary of Commerce to establish the Federal Advisory 

Committee on the Development and Implementation of Artificial Intelligence, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2020 

Ms. CANTWELL (for herself, Mr. YOUNG, and Mr. MARKEY) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To require the Secretary of Commerce to establish the Federal Advisory Committee on the Development and Implementation of Artificial Intelligence, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fundamentally Under5 standing the Usability and Realistic Evolution of Artificial 

6 Intelligence Act of 2020’’ or the ‘‘FUTURE of Artificial 

7 Intelligence Act of 2020’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) understanding and preparing for the ongo4 ing development of artificial intelligence is critical to 

5 the economic prosperity and social stability of the 

6 United States; 

7 (2) as artificial intelligence evolves, it can great8 ly benefit society by powering the information econ9 omy, fostering better informed decisions and helping 

10 unlock answers to questions that, as of the date of 

11 the enactment of this Act, are unanswerable; 

12 (3) for the reasons set forth in paragraph (2), 

13 it is beneficial to better understand artificial intel14 ligence and foster the development of artificial intel15 ligence in a manner that maximizes its benefit to so16 ciety; and 

17 (4) it is critical that the priorities of the advi18 sory committee established under section 3(a)(1) in19 clude developing guidance or recommendations— 

20 (A) to promote a climate of investment and 

21 innovation to ensure the global competitiveness 

22 of the United States; 

23 (B) to optimize the development of artifi24 cial intelligence to address the potential growth, 

25 restructuring, or other changes in the United 

26 States workforce that result from the developVerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771

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1 ment of artificial intelligence, with particular 

2 attention to traditionally underrepresented pop3 ulations that may be uniquely impacted; 

4 (C) to promote and support the unbiased 

5 development and application of artificial intel6 ligence; and 

7 (D) to protect the privacy rights of individ8 uals. 

9 SEC. 3. ESTABLISHMENT OF FEDERAL ADVISORY COM10 MITTEE ON THE DEVELOPMENT AND IMPLE11 MENTATION OF ARTIFICIAL INTELLIGENCE. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—The Secretary of Commerce 

14 shall establish a Federal advisory committee to ad15 vise the Secretary on matters relating to the devel16 opment of artificial intelligence. 

17 (2) DESIGNATION.—The Federal advisory com18 mittee established under paragraph (1) shall be 

19 known as the ‘‘Federal Advisory Committee on the 

20 Development and Implementation of Artificial Intel21 ligence’’ (in this section referred to as the ‘‘Advisory 

22 Committee’’). 

23 (b) PURPOSES OF THE ADVISORY COMMITTEE.— 

24 (1) ADVICE.—The Advisory Committee shall 

25 provide advice to the Secretary on matters relating 


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1 to the development and use of artificial general intel2 ligence and narrow artificial intelligence, including 

3 on the following as they relate to artificial intel4 ligence: 

5 (A) The competitiveness of the United 

6 States, including matters relating to the pro7 motion of public and private sector investment 

8 and innovation into the development of artificial 

9 intelligence. 

10 (B) Workforce, including matters relating 

11 to the potential for using artificial intelligence 

12 for rapid retraining of workers, due to the pos13 sible effect of technological displacement and to 

14 increase the labor force participation of tradi15 tionally underrepresented populations, including 

16 minorities, low-income populations, and persons 

17 with disabilities. 

18 (C) Education, including matters relating 

19 to science, technology, engineering, and mathe20 matics education to prepare the United States 

21 workforce as the needs of employers change. 

22 (D) Ethics training and development for 

23 individuals, including both private and govern24 ment technologists, working on and using artifi25 cial intelligence. 


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1 (E) Matters relating to open sharing of 

2 data and the open sharing of research on artifi3 cial intelligence. 

4 (F) International cooperation and competi5 tiveness, including matters relating to the com6 petitive international landscape for artificial in7 telligence-related industries. 

8 (G) Accountability and legal rights, includ9 ing matters relating to the responsibility for 

10 any violations of laws by an artificial intel11 ligence system and the compatibility of inter12 national regulations. 

13 (H) Matters relating to machine learning 

14 bias through core cultural and societal norms. 

15 (I) Matters relating to how artificial intel16 ligence can serve or enhance opportunities in 

17 rural communities. 

18 (J) Government efficiency, including mat19 ters relating to how to promote cost saving and 

20 streamline operations. 

21 (K) Matters relating to individual civil 

22 rights, including an assessment regarding how 

23 rights are or will be affected by the use of arti24 ficial intelligence technology and whether such 


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1 uses should be subject to additional controls, 

2 oversight, or limitations. 

3 (L) Matters relating to urbanization and 

4 the development of smart cities. 

5 (2) STUDY.—The Advisory Committee shall 

6 study and assess the following: 

7 (A) How the term ‘‘artificial intelligence’’ 

8 should be defined for purposes of this section 

9 and how the relevant scope of the Advisory 

10 Committee should be defined, including how 

11 such definitions relate to artificial systems and 

12 both narrow and general forms of artificial in13 telligence. In carrying out this subparagraph, 

14 the Advisory Committee shall consider the fol15 lowing: 

16 ‘‘(1) The term ‘artificial intelligence’ includes 

17 the following: 

18 ‘‘(A) Any artificial systems that perform 

19 tasks under varying and unpredictable cir20 cumstances, without significant human over21 sight, or that can learn from their experience 

22 and improve their performance. Such systems 

23 may be developed in computer software, phys24 ical hardware, or other contexts not yet con25 templated. They may solve tasks requiring 


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1 human-like perception, cognition, planning, 

2 learning, communication, or physical action. In 

3 general, the more human-like the system within 

4 the context of its tasks, the more it can be said 

5 to use artificial intelligence. 

6 ‘‘(B) Systems that think like humans, such 

7 as cognitive architectures and neural networks. 

8 ‘‘(C) Systems that act like humans, such 

9 as systems that can pass the Turing test or 

10 other comparable test via natural language 

11 processing, knowledge representation, auto12 mated reasoning, and learning. 

13 ‘‘(D) A set of techniques, including ma14 chine learning, that seek to approximate some 

15 cognitive task. 

16 ‘‘(E) Systems that act rationally, such as 

17 intelligent software agents and embodied robots 

18 that achieve goals via perception, planning, rea19 soning, learning, communicating, decision20 making, and acting. 

21 ‘‘(2) The term ‘artificial general intelligence’ 

22 means a notional future artificial intelligence system 

23 that exhibits apparently intelligent behavior at least 

24 as advanced as a person across the range of cog25 nitive, emotional, and social behaviors. 


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1 ‘‘(3) The term ‘narrow artificial intelligence’ 

2 means an artificial intelligence system that address3 es specific application areas such as playing stra4 tegic games, language translation, self-driving vehi5 cles, and facial or other image recognition.’’. 

6 (B) How to create a climate for public and 

7 private sector investment and innovation in ar8 tificial intelligence. 

9 (C) The possible benefits and effects that 

10 the development of artificial intelligence may 

11 have on the economy, workforce, and competi12 tiveness of the United States. 

13 (D) Whether and how networked, auto14 mated, artificial intelligence applications and 

15 robotic devices will displace or create jobs and 

16 how any job-related gains relating to artificial 

17 intelligence can be maximized. 

18 (E) How bias can be identified and elimi19 nated in the development of artificial intel20 ligence and in the algorithms that support 

21 them, including with respect to the following: 

22 (i) The selection and processing of 

23 data used to train artificial intelligence. 

24 (ii) Diversity in the development of 

25 artificial intelligence. 


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1 (iii) The ways and places the systems 

2 are deployed and the potential harmful 

3 outcomes. 

4 (F) Whether and how to incorporate eth5 ical standards in the development and imple6 mentation of artificial intelligence. 

7 (G) How the Federal Government can en8 courage technological progress in implementa9 tion of artificial intelligence that benefits the 

10 full spectrum of social and economic classes. 

11 (H) How the privacy rights of individuals 

12 are or will be affected by technological innova13 tion relating to artificial intelligence. 

14 (I) Whether technological advancements in 

15 artificial intelligence have or will outpace the 

16 legal and regulatory regimes implemented to 

17 protect consumers. 

18 (J) How existing laws, including those con19 cerning data access and privacy, should be mod20 ernized to enable the potential of artificial intel21 ligence. 

22 (K) How the Federal Government utilizes 

23 artificial intelligence to handle large or complex 

24 data sets. 


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1 (L) How ongoing dialogues and consulta2 tions with multi-stakeholder groups can maxi3 mize the potential of artificial intelligence and 

4 further development of artificial intelligence 

5 technologies that can benefit everyone inclu6 sively. 

7 (M) How the development of artificial in8 telligence can affect cost savings and streamline 

9 operations in various areas of government oper10 ations, including health care, cybersecurity, in11 frastructure, and disaster recovery. 

12 (N) Such other matters as the Advisory 

13 Committee considers appropriate. 

14 (3) REPORTS AND RECOMMENDATIONS.— 

15 (A) REPORT BY ADVISORY COMMITTEE.— 

16 Not later than 540 days after the date of the 

17 enactment of this Act, the Advisory Committee 

18 shall submit to the Secretary and to Congress 

19 a report on the findings of the Advisory Com20 mittee and such recommendations as the Advi21 sory Committee may have for administrative or 

22 legislative action relating to artificial intel23 ligence. 

24 (B) RECOMMENDATIONS OF SECRETARY.— 

25 Not later than 90 days after receiving the reVerDate Sep 11 2014 04:03 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3771.IS S3771

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1 port submitted under subparagraph (A), the 

2 Secretary shall review the report and submit to 

3 Congress such recommendations as the Sec4 retary may have with respect to the matters 

5 contained in the report submitted under sub6 paragraph (A). 

7 (c) MEMBERSHIP.— 

8 (1) VOTING MEMBERS.— 

9 (A) IN GENERAL.—The Advisory Com10 mittee shall be composed of 19 voting members 

11 who shall be appointed by the Secretary, with 

12 advisement from the Chair and Ranking Mem13 ber of the Committee on Commerce, Science, 

14 and Transportation of the Senate and the Chair 

15 and Ranking Member of the Committee on En16 ergy and Commerce of the House of Represent17 atives, for purposes of the Advisory Committee 

18 from among individuals with expertise in mat19 ters relating to workforce development, ethics, 

20 privacy, artificial intelligence, or computer 

21 science. 

22 (B) REPRESENTATION.—In carrying out 

23 subparagraph (A), the Secretary shall ensure 

24 that voting members are appointed as follows: 


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1 (i) Five members from the academic 

2 or research community. 

3 (ii) Six members from private indus4 try, at least one of whom shall be from a 

5 small business concern. 

6 (iii) Six members from civil society, at 

7 least two of whom shall be from groups 

8 that advocate for civil liberties or civil 

9 rights. 

10 (iv) Two members from labor organi11 zations or groups, including those that rep12 resent the unique interests of traditionally 

13 underrepresented populations. 

14 (C) GEOGRAPHICAL DIVERSITY.—In car15 rying out subparagraph (A), the Secretary shall 

16 ensure that the voting members of the Advisory 

17 Committee come from diverse geographical loca18 tions within the United States. 

19 (2) NONVOTING MEMBERS.—The Advisory 

20 Committee shall also be composed of such nonvoting 

21 members as the Secretary considers appropriate, ex22 cept that the Secretary shall appoint at least one 

23 such member from each of the following: 

24 (A) The Department of Education. 

25 (B) The Department of Justice. 


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1 (C) The Department of Labor. 

2 (D) The Department of Transportation. 

3 (E) The Department of Homeland Secu4 rity. 

5 (F) The Federal Trade Commission. 

6 (G) The National Institute of Standards 

7 and Technology. 

8 (H) The National Science Foundation. 

9 (I) The National Science and Technology 

10 Council. 

11 (J) The intelligence community (as defined 

12 in section 3 of the National Security Act of 

13 1947 (50 U.S.C. 3003)). 

14 (K) The Privacy and Civil Liberties Over15 sight Board. 

16 (L) Such other nonvoting members as the 

17 voting members of the Advisory Committee con18 sider appropriate. 

19 (3) CHAIRPERSON.—The Secretary shall ap20 point a chairperson for the Advisory Committee 

21 from among the members appointed under para22 graph (1). 

23 (d) MEETINGS.—The Advisory Committee shall 

24 meet— 


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1 (1) in person no less frequently than twice each 

2 year; and 

3 (2) via telepresence no less frequently than once 

4 every 2 months. 

5 (e) SUBCOMMITTEE ON ARTIFICIAL INTELLIGENCE

6 AND LAW ENFORCEMENT AND SECURITY.— 

7 (1) ESTABLISHMENT.—The chairperson of the 

8 Advisory Committee shall establish a subcommittee 

9 on matters relating to the development of artificial 

10 intelligence relating to law enforcement and security 

11 matters. 

12 (2) ADVICE.—The subcommittee shall provide 

13 advice to the Secretary on matters relating to the 

14 development of artificial intelligence relating to law 

15 enforcement and security matters, including advice 

16 on the following: 

17 (A) Bias, including whether the use of fa18 cial recognition by government authorities, in19 cluding law enforcement agencies, is taking into 

20 account ethical considerations and addressing 

21 whether such use should be subject to addi22 tional oversight, controls, and limitations. 

23 (B) Security of data, including law en24 forcement’s access to data and the security pa25 rameters for that data. 


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1 (C) Adoptability, including methods to 

2 allow the United States Government and indus3 try to take advantage of artificial intelligence 

4 technologies such as facial recognition tech5 nology while at the same time ensuring the po6 tential abuse of such technologies is sufficiently 

7 mitigated. 

8 (D) Legal standards, including whether 

9 technological advancements in artificial intel10 ligence have or will outpace the legal and regu11 latory regimes implemented to protect con12 sumers, including the tools, training, and re13 sources that could be used by government, in14 cluding law enforcement agencies, to adapt to 

15 the use of artificial intelligence technologies in16 cluding facial recognition consistent with the 

17 privacy rights and civil liberties issues raised by 

18 the use of these technologies. 

19 (3) MEMBERSHIP.—The subcommittee shall be 

20 composed of 9 members selected by the chairperson 

21 as follows: 

22 (A) Three members from the law enforce23 ment community. 

24 (B) Two members from groups that advo25 cate for civil liberties or civil rights. 


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1 (C) Two members from private industry. 

2 (D) Two members from the private secu3 rity community. 

4 (f) POWERS.—In order to carry out its duties under 

5 subsection (b), the Advisory Committee may— 

6 (1) hold such hearings, sit and act at such 

7 times and places, take such testimony, and receive 

8 such evidence as the Advisory Committee considers 

9 appropriate; 

10 (2) submit to Congress such recommendations 

11 as the Advisory Committee considers appropriate; 

12 (3) submit to Federal agencies such rec13 ommendations as the Advisory Committee considers 

14 appropriate; 

15 (4) issue reports, guidelines, and memoranda; 

16 (5) hold or host conferences and symposia; 

17 (6) enter into cooperative agreements with 

18 third-party experts to obtain relevant advice or ex19 pertise, and oversee staff; 

20 (7) establish subcommittees; and 

21 (8) establish rules of procedure. 

22 (g) TRAVEL EXPENSES.—The members of the Advi23 sory Committee shall be allowed travel expenses, including 

24 per diem in lieu of subsistence, at rates authorized for em25 ployees of agencies under subchapter I of chapter 57 of 


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1 title 5, United States Code, while away from their homes 

2 or regular places of business in the performance of services 

3 for the Advisory Committee. 

4 (h) FUNDING.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), amounts to carry out this section shall be 

7 derived from amounts appropriated or otherwise 

8 made available to the Secretary. 

9 (2) DONATIONS.— 

10 (A) AUTHORIZATION.—The Advisory Com11 mittee may solicit and accept donations from 

12 private persons and non-Federal entities to 

13 carry out this section. 

14 (B) LIMITATION.—Of the amounts ex15 pended by the Advisory Committee in a fiscal 

16 year to carry out this section, not more than 

17 half may be derived from amounts received 

18 under subparagraph (A). 

Æ 


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