II 

Calendar No. 283 

117TH CONGRESS 

2D SESSION S. 3035 

[Report No. 117–82] 

To establish the Artificial Intelligence Hygiene Working Group, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2021 

Mr. PETERS (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

FEBRUARY 28, 2022 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish the Artificial Intelligence Hygiene Working 

Group, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Government Owner3 ship and Oversight of Data in Artificial Intelligence Act 

4 of 2021’’ or the ‘‘GOOD AI Act of 2021’’. 

5 SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL 

6 INTELLIGENCE IN GOVERNMENT. 

7 (a) DEFINITIONS.—In this Act: 

8 (1) AGENCY.—The term ‘‘agency’’ has the 

9 meaning given the term in section 3502 of title 44, 

10 United States Code. 

11 (2) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means— 

14 (A) the Committee on Homeland Security 

15 and Governmental Affairs of the Senate; and 

16 (B) the Committee on Oversight and Re17 form of the House of Representatives. 

18 (3) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar19 tificial intelligence’’ has the meaning given the term 

20 in section 238(g) of the John S. McCain National 

21 Defense Authorization Act for Fiscal Year 2019 (10 

22 U.S.C. 2358 note). 

23 (4) ARTIFICIAL INTELLIGENCE SYSTEM.—The 

24 term ‘‘artificial intelligence system’’— 

25 (A) means any data system, software, ap26 plication, tool, or utility that operates in whole 


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1 or in part using dynamic or static machine 

2 learning algorithms or other forms of artificial 

3 intelligence, including a data system, software, 

4 application, tool, or utility— 

5 (i) that is established primarily for 

6 the purpose of researching, developing, or 

7 implementing artificial intelligence tech8 nology; and 

9 (ii) for which the artificial intelligence 

10 capability is integrated into another system 

11 or agency business process, operational ac12 tivity, or technology system; and 

13 (B) does not include any common or com14 mercial product within which artificial intel15 ligence is embedded, such as a word processor 

16 or map navigation system. 

17 (5) DIRECTOR.—The term ‘‘Director’’ means 

18 the Director of the Office of Management and Budg19 et. 

20 (b) GUIDANCE FOR AGENCY USE OF ARTIFICIAL IN21 TELLIGENCE.— 

22 (1) IN GENERAL.—In developing an update 

23 under section 104(d) of the AI in Government Act 

24 of 2020 (40 U.S.C. 11301 note) to the memoVerDate Sep 11 2014 02:35 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S3035.RS S3035

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1 randum issued under subsection (a) of that section, 

2 the Director shall consider— 

3 (A) the considerations and recommended 

4 practices identified by the National Security 

5 Commission on Artificial Intelligence in the re6 port entitled ‘‘Key Considerations for Respon7 sible Development and Fielding of AI’’, as up8 dated in April 2021; 

9 (B) the principles articulated in Executive 

10 Order 13960 (85 Fed. Reg. 78939; relating to 

11 promoting the use of trustworthy artificial intel12 ligence in the Federal Government); and 

13 (C) the input of— 

14 (i) the Privacy and Civil Liberties 

15 Oversight Board; 

16 (ii) relevant interagency councils, such 

17 as the Federal Privacy Council, the Chief 

18 Information Officers Council, and the 

19 Chief Data Officers Council; 

20 (iii) other governmental and non21 governmental privacy, civil rights, and civil 

22 liberties experts; and 

23 (iv) any other individual or entity the 

24 Director determines appropriate. 


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1 (2) SUNSET.—This subsection shall cease to 

2 have force or effect on the date that is 4 years after 

3 the date of enactment of this Act. 

4 (c) ARTIFICIAL INTELLIGENCE HYGIENE AND PRO5 TECTION OF GOVERNMENT INFORMATION, PRIVACY, 

6 CIVIL RIGHTS, AND CIVIL LIBERTIES.— 

7 (1) ESTABLISHMENT.—Not later than 45 days 

8 after the date of enactment of this Act, the Director 

9 shall establish a working group to be known as the 

10 ‘‘Artificial Intelligence Hygiene Working Group’’. 

11 (2) MEMBERSHIP.—The Director shall appoint 

12 members to the Artificial Intelligence Hygiene Work13 ing Group from among members of appropriate 

14 interagency councils. 

15 (3) IMPLEMENTATION.—Not later than 1 year 

16 after the date of enactment of this Act, the Director, 

17 in consultation with the Artificial Intelligence Hy18 giene Working Group, shall implement a means by 

19 which to— 

20 (A) ensure that contracts for the acquisi21 tion of artificial intelligence and artificial intel22 ligence systems— 

23 (i) align with the memorandum 

24 issued, and periodically updated, by the 

25 Director under subsections (a) and (d), reVerDate Sep 11 2014 02:35 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S3035.RS S3035

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1 spectively, of section 104 of the AI in Gov2 ernment Act of 2020 (40 U.S.C. 11301 

3 note); 

4 (ii) address the protection of privacy, 

5 civil rights, and civil liberties; 

6 (iii) address the ownership and secu7 rity of data and other information created, 

8 used, processed, stored, maintained, dis9 seminated, disclosed, or disposed of by a 

10 contractor or subcontractor on behalf of 

11 the Federal Government; and 

12 (iv) include requirements for securing 

13 the training data, algorithms, and other 

14 components of any artificial intelligence 

15 system against— 

16 (I) misuse; 

17 (II) unauthorized alteration; 

18 (III) degradation; or 

19 (IV) being rendered inoperable; 

20 and 

21 (B) address any other issue or concern the 

22 Director determines relevant to ensure— 

23 (i) the appropriate use of artificial in24 telligence and artificial intelligence sys25 tems; and 


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1 (ii) the protection of privacy, Federal 

2 Government data, and other information of 

3 the Federal Government. 

4 (4) UPDATES.—On a continuous basis, not 

5 later than 2 years after the date of enactment of 

6 this Act, and not less frequently than once every 2 

7 years thereafter, the Director shall update the 

8 means implemented under paragraph (3). 

9 (5) BRIEFING.—Not later than 90 days after 

10 the date of enactment of this Act, quarterly there11 after until the date on which the Director imple12 ments the means required under paragraph (3), and 

13 annually thereafter, the Director shall brief the ap14 propriate congressional committees on the implemen15 tation of this subsection. 

16 (6) SUNSET.—This subsection shall cease to 

17 have force or effect on the date that is 10 years 

18 after the date of enactment of this Act. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Government Ownership 

21 and Oversight of Data in Artificial Intelligence Act of 

22 2021’’ or the ‘‘GOOD AI Act of 2021’’. 

23 SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL 

24 INTELLIGENCE IN GOVERNMENT. 

25 (a) DEFINITIONS.—In this Act: 


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1 (1) AGENCY.—The term ‘‘agency’’ has the mean2 ing given the term in section 3502 of title 44, United 

3 States Code. 

4 (2) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional commit6 tees’’ means— 

7 (A) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate; and 

9 (B) the Committee on Oversight and Reform 

10 of the House of Representatives. 

11 (3) ARTIFICIAL INTELLIGENCE.—The term ‘‘arti12 ficial intelligence’’ has the meaning given the term in 

13 section 238(g) of the John S. McCain National De14 fense Authorization Act for Fiscal Year 2019 (10 

15 U.S.C. 2358 note). 

16 (4) ARTIFICIAL INTELLIGENCE SYSTEM.—The 

17 term ‘‘artificial intelligence system’’— 

18 (A) means any data system, software, ap19 plication, tool, or utility that operates in whole 

20 or in part using dynamic or static machine 

21 learning algorithms or other forms of artificial 

22 intelligence, including a data system, software, 

23 application, tool, or utility— 

24 (i) that is established primarily for the 

25 purpose of researching, developing, or imVerDate Sep 11 2014 02:35 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S3035.RS S3035

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1 plementing artificial intelligence technology; 

2 and 

3 (ii) for which the artificial intelligence 

4 capability is integrated into another system 

5 or agency business process, operational ac6 tivity, or technology system; and 

7 (B) does not include any common or com8 mercial product within which artificial intel9 ligence is embedded, such as a word processor or 

10 map navigation system. 

11 (5) DIRECTOR.—The term ‘‘Director’’ means the 

12 Director of the Office of Management and Budget. 

13 (b) GUIDANCE FOR AGENCY USE OF ARTIFICIAL IN14 TELLIGENCE.— 

15 (1) IN GENERAL.—In developing an update 

16 under section 104(d) of the AI in Government Act of 

17 2020 (40 U.S.C. 11301 note) to the memorandum 

18 issued under subsection (a) of that section, the Direc19 tor shall consider— 

20 (A) the considerations and recommended 

21 practices identified by the National Security 

22 Commission on Artificial Intelligence in the re23 port entitled ‘‘Key Considerations for Respon24 sible Development and Fielding of AI’’, as up25 dated in April 2021; 


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1 (B) the principles articulated in Executive 

2 Order 13960 (85 Fed. Reg. 78939; relating to 

3 promoting the use of trustworthy artificial intel4 ligence in the Federal Government); and 

5 (C) the input of— 

6 (i) the Privacy and Civil Liberties 

7 Oversight Board; 

8 (ii) relevant interagency councils, such 

9 as the Federal Privacy Council, the Chief 

10 Information Officers Council, and the Chief 

11 Data Officers Council; 

12 (iii) other governmental and non13 governmental privacy, civil rights, and civil 

14 liberties experts; and 

15 (iv) any other individual or entity the 

16 Director determines appropriate. 

17 (2) SUNSET.—This subsection shall cease to have 

18 force or effect on the date that is 4 years after the date 

19 of enactment of this Act. 

20 (c) ARTIFICIAL INTELLIGENCE HYGIENE AND PROTEC21 TION OF GOVERNMENT INFORMATION, PRIVACY, CIVIL

22 RIGHTS, AND CIVIL LIBERTIES.— 

23 (1) ESTABLISHMENT.—Not later than 45 days 

24 after the date of enactment of this Act, the Director 


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1 shall establish a working group to be known as the 

2 ‘‘Artificial Intelligence Hygiene Working Group’’. 

3 (2) MEMBERSHIP.—The Director shall appoint 

4 members to the Artificial Intelligence Hygiene Work5 ing Group from among members of appropriate inter6 agency councils. 

7 (3) IMPLEMENTATION.—Not later than 1 year 

8 after the date of enactment of this Act, the Director, 

9 in consultation with the Artificial Intelligence Hy10 giene Working Group, shall implement a means by 

11 which to— 

12 (A) ensure that contracts for the acquisition 

13 of artificial intelligence and artificial intel14 ligence systems— 

15 (i) align with the memorandum issued, 

16 and periodically updated, by the Director 

17 under subsections (a) and (d), respectively, 

18 of section 104 of the AI in Government Act 

19 of 2020 (40 U.S.C. 11301 note); 

20 (ii) address the protection of privacy, 

21 civil rights, and civil liberties; 

22 (iii) address the ownership and secu23 rity of data and other information created, 

24 used, processed, stored, maintained, dissemi25 nated, disclosed, or disposed of by a conVerDate Sep 11 2014 02:35 Mar 01, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S3035.RS S3035

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1 tractor or subcontractor on behalf of the 

2 Federal Government; and 

3 (iv) address requirements for securing 

4 the training data, algorithms, and other 

5 components of any artificial intelligence 

6 system against— 

7 (I) misuse; 

8 (II) unauthorized alteration; 

9 (III) degradation; or 

10 (IV) being rendered inoperable; 

11 and 

12 (B) address any other issue or concern the 

13 Director determines relevant to ensure— 

14 (i) the appropriate use of artificial in15 telligence and artificial intelligence systems; 

16 and 

17 (ii) the protection of privacy, Federal 

18 Government data, and other information of 

19 the Federal Government. 

20 (4) APPROACHES.—In carrying out paragraph 

21 (3), the Director may use 1 or more approach and 

22 tailor requirements based on risk or any other factor 

23 determined relevant by the Director and the Artificial 

24 Intelligence Hygiene Working Group. 


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1 (5) UPDATES.—On a continuous basis, not later 

2 than 2 years after the date of enactment of this Act, 

3 and not less frequently than once every 2 years there4 after, the Director shall update the means imple5 mented under paragraph (3). 

6 (6) BRIEFING.—Not later than 90 days after the 

7 date of enactment of this Act, quarterly thereafter 

8 until the date on which the Director implements the 

9 means required under paragraph (3), and annually 

10 thereafter, the Director shall brief the appropriate 

11 congressional committees on the implementation of 

12 this subsection. 

13 (7) SUNSET.—This subsection shall cease to have 

14 force or effect on the date that is 10 years after the 

15 date of enactment of this Act. 


kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 283 

117TH CONGRESS 

2D SESSION S. 3035 

[Report No. 117–82] 

A BILL 

To establish the Artificial Intelligence Hygiene 

Working Group, and for other purposes. 

FEBRUARY 28, 2022 

Reported with an amendment 


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