II 

117TH CONGRESS 

1ST SESSION S. 3035 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Government Owner5 ship and Oversight of Data in Artificial Intelligence Act 

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

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

8 INTELLIGENCE IN GOVERNMENT. 

9 (a) DEFINITIONS.—In this Act: 


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

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

3 United States Code. 

4 (2) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate; and 

9 (B) the Committee on Oversight and Re10 form of the House of Representatives. 

11 (3) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar12 tificial intelligence’’ has the meaning given the term 

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

14 Defense 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 

25 the purpose of researching, developing, or 


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1 implementing artificial intelligence tech2 nology; 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 

10 or map navigation system. 

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

12 the Director of the Office of Management and Budg13 et. 

14 (b) GUIDANCE FOR AGENCY USE OF ARTIFICIAL IN15 TELLIGENCE.— 

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

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

18 of 2020 (40 U.S.C. 11301 note) to the memo19 randum issued under subsection (a) of that section, 

20 the Director shall consider— 

21 (A) the considerations and recommended 

22 practices identified by the National Security 

23 Commission on Artificial Intelligence in the re24 port entitled ‘‘Key Considerations for ResponVerDate Sep 11 2014 04:06 Oct 23, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3035.IS S3035

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1 sible Development and Fielding of AI’’, as up2 dated in April 2021; 

3 (B) the principles articulated in Executive 

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

5 promoting the use of trustworthy artificial intel6 ligence in the Federal Government); and 

7 (C) the input of— 

8 (i) the Privacy and Civil Liberties 

9 Oversight Board; 

10 (ii) relevant interagency councils, such 

11 as the Federal Privacy Council, the Chief 

12 Information Officers Council, and the 

13 Chief Data Officers Council; 

14 (iii) other governmental and non15 governmental privacy, civil rights, and civil 

16 liberties experts; and 

17 (iv) any other individual or entity the 

18 Director determines appropriate. 

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

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

21 the date of enactment of this Act. 

22 (c) ARTIFICIAL INTELLIGENCE HYGIENE AND PRO23 TECTION OF GOVERNMENT INFORMATION, PRIVACY, 

24 CIVIL RIGHTS, AND CIVIL LIBERTIES.— 


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

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

3 shall establish a working group to be known as the 

4 ‘‘Artificial Intelligence Hygiene Working Group’’. 

5 (2) MEMBERSHIP.—The Director shall appoint 

6 members to the Artificial Intelligence Hygiene Work7 ing Group from among members of appropriate 

8 interagency councils. 

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

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

11 in consultation with the Artificial Intelligence Hy12 giene Working Group, shall implement a means by 

13 which to— 

14 (A) ensure that contracts for the acquisi15 tion of artificial intelligence and artificial intel16 ligence systems— 

17 (i) align with the memorandum 

18 issued, and periodically updated, by the 

19 Director under subsections (a) and (d), re20 spectively, of section 104 of the AI in Gov21 ernment Act of 2020 (40 U.S.C. 11301 

22 note); 

23 (ii) address the protection of privacy, 

24 civil rights, and civil liberties; 


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1 (iii) address the ownership and secu2 rity of data and other information created, 

3 used, processed, stored, maintained, dis4 seminated, disclosed, or disposed of by a 

5 contractor or subcontractor on behalf of 

6 the Federal Government; and 

7 (iv) include requirements for securing 

8 the training data, algorithms, and other 

9 components of any artificial intelligence 

10 system against— 

11 (I) misuse; 

12 (II) unauthorized alteration; 

13 (III) degradation; or 

14 (IV) being rendered inoperable; 

15 and 

16 (B) address any other issue or concern the 

17 Director determines relevant to ensure— 

18 (i) the appropriate use of artificial in19 telligence and artificial intelligence sys20 tems; and 

21 (ii) the protection of privacy, Federal 

22 Government data, and other information of 

23 the Federal Government. 

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

25 later than 2 years after the date of enactment of 


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

2 years thereafter, the Director shall update the 

3 means implemented under paragraph (3). 

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

5 the date of enactment of this Act, quarterly there6 after until the date on which the Director imple7 ments the means required under paragraph (3), and 

8 annually thereafter, the Director shall brief the ap9 propriate congressional committees on the implemen10 tation of this subsection. 

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

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

13 after the date of enactment of this Act. 

Æ 


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