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)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
Referred to the Subcommittee on Oversight, Management, and Accountability.
Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote.
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Committee Consideration and Mark-up Session Held.