[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2293 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2293

To establish the Chief Artificial Intelligence Officers Council, Chief 
     Artificial Intelligence Officers, and Artificial Intelligence 
               Governance Boards, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2023

  Mr. Peters introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To establish the Chief Artificial Intelligence Officers Council, Chief 
     Artificial Intelligence Officers, and Artificial Intelligence 
               Governance Boards, 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 Leadership To Enable Accountable 
Deployment Act'' or the ``AI LEAD Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 3502 of title 44, United States Code.
            (2) Artificial intelligence.--The term ``artificial 
        intelligence'' has the meaning given the term in section 238(g) 
        of the John S. McCain National Defense Authorization Act for 
        Fiscal Year 2019 (10 U.S.C. note prec. 4061; Public Law 115-
        232).
            (3) Chief artificial intelligence officer.--The term 
        ``Chief Artificial Intelligence Officer'' means an official 
        appointed or designated by the head of an agency pursuant to 
        section 4(b)(1).
            (4) Council.--The term ``Council'' means the Chief 
        Artificial Intelligence Officers Council established under 
        section 3(a).
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (6) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Oversight and Accountability of the House of 
        Representatives.

SEC. 3. CHIEF ARTIFICIAL INTELLIGENCE OFFICERS COUNCIL.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Director shall establish a Chief Artificial 
Intelligence Officers Council.
    (b) Duties.--The Council shall--
            (1) promote coordination regarding agency practices 
        relating to the design, acquisition, development, 
        modernization, use, operation, sharing, risk management, and 
        performance of artificial intelligence technologies;
            (2) ensure interagency coordination regarding Federal 
        artificial intelligence activities;
            (3) share experiences, ideas, best practices, and 
        innovative approaches relating to artificial intelligence; and
            (4) assist the Director, as necessary, in--
                    (A) the identification, development, and 
                coordination of multi-agency projects and other 
                initiatives to improve Government performance; and
                    (B) the management of risks relating to developing, 
                obtaining or using artificial intelligence, including 
                by--
                            (i) promoting the development and use of 
                        efficient, common, and shared approaches to key 
                        processes that improve the delivery of services 
                        for the public; and
                            (ii) soliciting and providing perspectives 
                        on matters of concern to the Council, as 
                        appropriate, from and to--
                                    (I) the Chief Financial Officers 
                                Council;
                                    (II) the Chief Human Capital 
                                Officers Council;
                                    (III) the Chief Acquisition 
                                Officers Council;
                                    (IV) the Chief Information Officers 
                                Council;
                                    (V) the Chief Data Officers 
                                Council;
                                    (VI) other interagency councils;
                                    (VII) other key groups of the 
                                Federal Government;
                                    (VIII) industry;
                                    (IX) academia;
                                    (X) State, local, Tribal, 
                                territorial, and international 
                                governments; and
                                    (XI) other individuals and 
                                entities, as determined necessary by 
                                the Director.
    (c) Membership of CAIOC.--
            (1) Chair.--The Director shall serve as the Chair of the 
        Council.
            (2) Cochair.--The Cochair of the Council shall be--
                    (A) nominated by a majority of the members of the 
                Council; and
                    (B) designated as the Cochair of the Council by the 
                Director.
            (3) Members.--Members of the Council shall include--
                    (A) the Chief Artificial Intelligence Officer of 
                each agency described in section 901(b) of title 31, 
                United States Code;
                    (B) a representative from an agency with--
                            (i) advisory experience in scientific and 
                        technological issues that require attention at 
                        the highest level of Government; and
                            (ii) a role working with agencies to create 
                        strategies, plans, policies and programs for 
                        science and technology, including artificial 
                        intelligence; and
                    (C) other members, as determined necessary by the 
                Director.
            (4) Standing committees; working groups.--The Council shall 
        have the authority to establish standing committees and working 
        groups as necessary to consider items of concern to the 
        Council.

SEC. 4. AGENCY ARTIFICIAL INTELLIGENCE OFFICERS.

    (a) Duties of Agencies.--The head of each agency shall ensure the 
responsible research, development, acquisition, application, 
governance, and use of artificial intelligence by the agency that is 
consistent with democratic values, including--
            (1) privacy;
            (2) civil rights and civil liberties;
            (3) information security;
            (4) nondiscrimination;
            (5) transparency; and
            (6) reliability.
    (b) Chief Artificial Intelligence Officer.--
            (1) In general.--The head of each agency shall hire or 
        designate a Chief Artificial Intelligence Officer with 
        responsibility for--
                    (A) promoting artificial intelligence innovation;
                    (B) developing, in coordination with other 
                responsible officials of the agency, the policies of 
                the agency regarding the use of artificial intelligence 
                technologies;
                    (C) ensuring policies of the agency are in 
                compliance with governmentwide requirements;
                    (D) in coordination with other responsible 
                officials of the agency, the processes of the agency 
                regarding the risk management, governance, and 
                oversight of the use of artificial intelligence by the 
                agency;
                    (E) producing a risk management plan for agency-
                specific use cases of artificial intelligence, 
                including a procedure for classifying risk levels in 
                agency use of artificial intelligence;
                    (F) ensuring standards, regulations, investments, 
                practices, systems, and other matters are designed, 
                developed, and deployed in a manner that protects the 
                rights and safety of individuals;
                    (G) providing input on the decision processes for 
                annual and multi-year planning, programming, budgeting, 
                and execution decisions, related reporting 
                requirements, and reports relating to artificial 
                intelligence of the agency;
                    (H) participating in internal control processes or 
                entities convened for the purpose of reviewing 
                artificial intelligence acquisitions during the 
                acquisition life cycle; and
                    (I) performing other functions relating to 
                artificial intelligence, as determined by the Director 
                or the head of the agency.
            (2) Structure.--The Director shall issue guidance on the 
        appropriate reporting structure, qualifications, and seniority 
        level for the role of a Chief Artificial Intelligence Officer.
            (3) Seniority.--With respect to the Chief Artificial 
        Intelligence Officer of any agency described in section 901(b) 
        of title 31, United States Code, the Chief Artificial 
        Intelligence Officer shall be an executive with a position 
        classified above GS-15 of the General Schedule or the 
        equivalent.
            (4) Roles.--The head of each agency shall ensure that the 
        Chief Artificial Intelligence Officer of the agency has a 
        significant role in--
                    (A) the decision processes for all annual and 
                multi-year planning, programming, budgeting, and 
                execution decisions, related reporting requirements, 
                and reports relating to artificial intelligence of the 
                agency; and
                    (B) the management, governance, acquisition, and 
                oversight processes of the agency relating to 
                artificial intelligence.
    (c) Informing Congress.--Not later than 1 year after the date of 
the enactment of this Act, the head of each agency shall--
            (1) inform the relevant congressional committees of the 
        appointment of a Chief Artificial Intelligence Officer pursuant 
        to subsection (b); and
            (2) if relevant, provide to the appropriate congressional 
        committees a full description of any authorities and 
        responsibilities of the individual serving as the Chief 
        Artificial Intelligence Officer that are performed in addition 
        to the authorities and responsibilities of the individual in 
        the role of the Chief Artificial Intelligence Officer.

SEC. 5. AGENCY COORDINATION ON ARTIFICIAL INTELLIGENCE.

    (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Director shall issue guidance directing the 
head of each agency described in section 901(b) of title 31, United 
States Code, to establish within the agency an Artificial Intelligence 
Governance Board to coordinate and govern artificial intelligence 
issues of the agency.
    (b) Contents.--The guidance issued under subsection (a) shall--
            (1) define the structure and activities of Artificial 
        Intelligence Government Boards of agencies; and
            (2) ensure that the membership of the Artificial 
        Intelligence Governance Board of an agency includes, to the 
        extent applicable to the agency--
                    (A) the deputy head of the agency;
                    (B) the Chief Artificial Intelligence Officer of 
                the agency, who shall serve as the Chair of the 
                Artificial Intelligence Governance Board of the agency;
                    (C) the chief information officer of the agency;
                    (D) the chief acquisition officer of the agency;
                    (E) the senior procurement executive of the agency;
                    (F) the chief data officer of the agency;
                    (G) the chief human capital officer of the agency;
                    (H) the chief financial officer of the agency;
                    (I) the senior agency official for privacy of the 
                agency;
                    (J) the senior agency official for civil rights and 
                civil liberties of the agency; and
                    (K) other individuals, as determined by the 
                Director.
    (c) Strategy.--
            (1) In general.--The head of each agency shall establish an 
        artificial intelligence strategy for the trustworthy adoption 
        of artificial intelligence by the agency to better achieve the 
        mission of the agency to serve the people of the United States.
            (2) Contents.--The strategy required under paragraph (1) 
        shall include the following:
                    (A) Defined roles and responsibilities for the use 
                and oversight of artificial intelligence by the agency, 
                including oversight of compliance with relevant laws, 
                regulations, standards, and guidance.
                    (B) Defined values, ethics, and principles to 
                foster public trust and responsible use of artificial 
                intelligence by the agency.
                    (C) The standards, regulations, investments, 
                practices, and other items the agency will use to 
                improve trust and safety and ensure that artificial 
                intelligence systems are designed, developed, and 
                deployed in a manner that protects the rights and 
                safety of individuals.
                    (D) How the agency will oversee artificial 
                intelligence systems and applications to identify and 
                mitigate risk and prevent harm.
                    (E) The considerations and safeguards the agency 
                will use to protect the rights and safety of the public 
                with respect to artificial intelligence, including 
                mitigation of algorithmic discrimination.
                    (F) The domains or areas in which the agency uses 
                or anticipates using artificial intelligence.
                    (G) The steps the agency will take to strengthen 
                workforce knowledge to maximize the value artificial 
                intelligence can bring to mission outcomes while 
                mitigating any associated risks.
                    (H) How and under what conditions the agency can 
                use artificial intelligence to improve the interactions 
                of the agency with the public and the fulfillment of 
                the mission of the agency, while protecting against 
                harmful impacts on agency employees or the public.
                    (I) How the agency will coordinate and work across 
                components, offices, and programs of the agency on 
                artificial intelligence-related matters.
                    (J) How the agency will engage in interagency 
                governance and coordination with respect to artificial 
                intelligence, including to leverage shared resources, 
                expertise, and lessons learned to better leverage 
                artificial intelligence to improve Federal Government 
                operations and mitigate the risks of artificial 
                intelligence.
                    (K) How the agency will promote the use and 
                availability of data to support the artificial 
                intelligence efforts of the agency in accordance with 
                statutory, regulatory, and policy requirements.
                    (L) How the agency will work with the private 
                sector to ensure that procured artificial intelligence 
                systems or capabilities include protections to 
                safeguard the rights and safety of individuals and to 
                secure Federal Government data and other information.
                    (M) An outline of specific actions to implement the 
                strategy of the agency and desired outcomes.
    (d) GAO Report.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the relevant congressional committees a report on--
            (1) the implementation and effectiveness of Artificial 
        Intelligence Governance Boards established pursuant to guidance 
        issued under subsection (a);
            (2) an assessment of the effectiveness of Chief Artificial 
        Intelligence Officers;
            (3) recommendations for improving the implementation and 
        effectiveness of Artificial Intelligence Governance Boards 
        established pursuant to guidance issued under subsection (a) 
        and Chief Artificial Intelligence Officers; and
            (4) other relevant matters, as determined by the 
        Comptroller General of the United States.

SEC. 6. SUNSET.

    Effective on the date that is 10 years after the date of enactment 
of this Act, this Act shall have no force or effect.
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