Title: AI in Counterterrorism Oversight Enhancement Act
Policy area: Armed Forces and National Security

Summary:
AI in Counterterrorism Oversight Enhancement Act
This bill expands the responsibilities of the Privacy and Civil Liberties Oversight Board to include oversight of the use of artificial intelligence (AI) in counterterrorism and addresses related issues.
Specifically, the board must continually review any AI-enabled technologies used in counterterrorism efforts and determine whether such technologies protect privacy and civil liberties and adhere to relevant policies.
The bill also expands the board's authorities to access or subpoena information to include information about AI-enabled technologies used for counterintelligence, such as the training and testing processes for such technologies.
Furthermore, the bill expands the responsibilities of privacy and civil liberties officers to include responsibilities related to AI-enabled technologies used in counterterrorism. (Currently, the statute requires certain departments and agencies, including the Department of Justice and the Office of the Director of National Intelligence, to each designate one senior officer as a privacy and civil liberties officer to provide certain information to the board.)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4469 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4469

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2021

 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Lynch, and Mr. 
   Raskin) introduced the following bill; which was referred to the 
Committee on Oversight and Reform, and in addition to the Committees on 
Homeland Security, the Judiciary, and Intelligence (Permanent Select), 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This act may be cited as the ``AI in Counterterrorism Oversight 
Enhancement Act''.

SEC. 2. OVERSIGHT OF USE OF ARTIFICIAL INTELLIGENCE-ENABLED 
              TECHNOLOGIES BY EXECUTIVE BRANCH FOR COUNTERTERRORISM 
              PURPOSES.

    (a) 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--
            (1) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (B), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (D); and
                            (iii) 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'';
            (2) in subsection (g)(1)--
                    (A) by redesignating paragraphs (2) through (5) as 
                subparagraphs (3) through (6); and
                    (B) 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.''; and
            (3) 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).''.
    (b) 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--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5); and
                    (B) 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.''; 
                and
            (2) in subsection (d)(1), by inserting ``(including as 
        described under subsection (a)(3))'' after ``officer''.
    (c) 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.
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