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

<DOC>





                                                       Calendar No. 495
118th CONGRESS
  2d Session
                                S. 2293

                          [Report No. 118-216]

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 (for himself and Mr. Cornyn) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                           September 10, 2024

Reported by Mr. Peters, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``AI Leadership To Enable 
Accountable Deployment Act'' or the ``AI LEAD Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Agency.--The term ``agency'' has the meaning 
        given the term in section 3502 of title 44, United States 
        Code.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (4) Council.--The term ``Council'' means the Chief 
        Artificial Intelligence Officers Council established under 
        section 3(a).</DELETED>
        <DELETED>    (5) Director.--The term ``Director'' means the 
        Director of the Office of Management and Budget.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. CHIEF ARTIFICIAL INTELLIGENCE OFFICERS 
              COUNCIL.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Duties.--The Council shall--</DELETED>
        <DELETED>    (1) promote coordination regarding agency 
        practices relating to the design, acquisition, development, 
        modernization, use, operation, sharing, risk management, and 
        performance of artificial intelligence technologies;</DELETED>
        <DELETED>    (2) ensure interagency coordination regarding 
        Federal artificial intelligence activities;</DELETED>
        <DELETED>    (3) share experiences, ideas, best practices, and 
        innovative approaches relating to artificial intelligence; 
        and</DELETED>
        <DELETED>    (4) assist the Director, as necessary, in--
        </DELETED>
                <DELETED>    (A) the identification, development, and 
                coordination of multi-agency projects and other 
                initiatives to improve Government performance; 
                and</DELETED>
                <DELETED>    (B) the management of risks relating to 
                developing, obtaining or using artificial intelligence, 
                including by--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) soliciting and providing 
                        perspectives on matters of concern to the 
                        Council, as appropriate, from and to--
                        </DELETED>
                                <DELETED>    (I) the Chief Financial 
                                Officers Council;</DELETED>
                                <DELETED>    (II) the Chief Human 
                                Capital Officers Council;</DELETED>
                                <DELETED>    (III) the Chief 
                                Acquisition Officers Council;</DELETED>
                                <DELETED>    (IV) the Chief Information 
                                Officers Council;</DELETED>
                                <DELETED>    (V) the Chief Data 
                                Officers Council;</DELETED>
                                <DELETED>    (VI) other interagency 
                                councils;</DELETED>
                                <DELETED>    (VII) other key groups of 
                                the Federal Government;</DELETED>
                                <DELETED>    (VIII) industry;</DELETED>
                                <DELETED>    (IX) academia;</DELETED>
                                <DELETED>    (X) State, local, Tribal, 
                                territorial, and international 
                                governments; and</DELETED>
                                <DELETED>    (XI) other individuals and 
                                entities, as determined necessary by 
                                the Director.</DELETED>
<DELETED>    (c) Membership of CAIOC.--</DELETED>
        <DELETED>    (1) Chair.--The Director shall serve as the Chair 
        of the Council.</DELETED>
        <DELETED>    (2) Cochair.--The Cochair of the Council shall 
        be--</DELETED>
                <DELETED>    (A) nominated by a majority of the members 
                of the Council; and</DELETED>
                <DELETED>    (B) designated as the Cochair of the 
                Council by the Director.</DELETED>
        <DELETED>    (3) Members.--Members of the Council shall 
        include--</DELETED>
                <DELETED>    (A) the Chief Artificial Intelligence 
                Officer of each agency described in section 901(b) of 
                title 31, United States Code;</DELETED>
                <DELETED>    (B) a representative from an agency with--
                </DELETED>
                        <DELETED>    (i) advisory experience in 
                        scientific and technological issues that 
                        require attention at the highest level of 
                        Government; and</DELETED>
                        <DELETED>    (ii) a role working with agencies 
                        to create strategies, plans, policies and 
                        programs for science and technology, including 
                        artificial intelligence; and</DELETED>
                <DELETED>    (C) other members, as determined necessary 
                by the Director.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. AGENCY ARTIFICIAL INTELLIGENCE OFFICERS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) privacy;</DELETED>
        <DELETED>    (2) civil rights and civil liberties;</DELETED>
        <DELETED>    (3) information security;</DELETED>
        <DELETED>    (4) nondiscrimination;</DELETED>
        <DELETED>    (5) transparency; and</DELETED>
        <DELETED>    (6) reliability.</DELETED>
<DELETED>    (b) Chief Artificial Intelligence Officer.--</DELETED>
        <DELETED>    (1) In general.--The head of each agency shall 
        hire or designate a Chief Artificial Intelligence Officer with 
        responsibility for--</DELETED>
                <DELETED>    (A) promoting artificial intelligence 
                innovation;</DELETED>
                <DELETED>    (B) developing, in coordination with other 
                responsible officials of the agency, the policies of 
                the agency regarding the use of artificial intelligence 
                technologies;</DELETED>
                <DELETED>    (C) ensuring policies of the agency are in 
                compliance with governmentwide requirements;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (H) participating in internal control 
                processes or entities convened for the purpose of 
                reviewing artificial intelligence acquisitions during 
                the acquisition life cycle; and</DELETED>
                <DELETED>    (I) performing other functions relating to 
                artificial intelligence, as determined by the Director 
                or the head of the agency.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Roles.--The head of each agency shall ensure 
        that the Chief Artificial Intelligence Officer of the agency 
        has a significant role in--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) the management, governance, 
                acquisition, and oversight processes of the agency 
                relating to artificial intelligence.</DELETED>
<DELETED>    (c) Informing Congress.--Not later than 1 year after the 
date of the enactment of this Act, the head of each agency shall--
</DELETED>
        <DELETED>    (1) inform the relevant congressional committees 
        of the appointment of a Chief Artificial Intelligence Officer 
        pursuant to subsection (b); and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. AGENCY COORDINATION ON ARTIFICIAL 
              INTELLIGENCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Contents.--The guidance issued under subsection (a) 
shall--</DELETED>
        <DELETED>    (1) define the structure and activities of 
        Artificial Intelligence Government Boards of agencies; 
        and</DELETED>
        <DELETED>    (2) ensure that the membership of the Artificial 
        Intelligence Governance Board of an agency includes, to the 
        extent applicable to the agency--</DELETED>
                <DELETED>    (A) the deputy head of the 
                agency;</DELETED>
                <DELETED>    (B) the Chief Artificial Intelligence 
                Officer of the agency, who shall serve as the Chair of 
                the Artificial Intelligence Governance Board of the 
                agency;</DELETED>
                <DELETED>    (C) the chief information officer of the 
                agency;</DELETED>
                <DELETED>    (D) the chief acquisition officer of the 
                agency;</DELETED>
                <DELETED>    (E) the senior procurement executive of 
                the agency;</DELETED>
                <DELETED>    (F) the chief data officer of the 
                agency;</DELETED>
                <DELETED>    (G) the chief human capital officer of the 
                agency;</DELETED>
                <DELETED>    (H) the chief financial officer of the 
                agency;</DELETED>
                <DELETED>    (I) the senior agency official for privacy 
                of the agency;</DELETED>
                <DELETED>    (J) the senior agency official for civil 
                rights and civil liberties of the agency; and</DELETED>
                <DELETED>    (K) other individuals, as determined by 
                the Director.</DELETED>
<DELETED>    (c) Strategy.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Contents.--The strategy required under 
        paragraph (1) shall include the following:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Defined values, ethics, and principles 
                to foster public trust and responsible use of 
                artificial intelligence by the agency.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) How the agency will oversee artificial 
                intelligence systems and applications to identify and 
                mitigate risk and prevent harm.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (F) The domains or areas in which the 
                agency uses or anticipates using artificial 
                intelligence.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (I) How the agency will coordinate and 
                work across components, offices, and programs of the 
                agency on artificial intelligence-related 
                matters.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (M) An outline of specific actions to 
                implement the strategy of the agency and desired 
                outcomes.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) the implementation and effectiveness of 
        Artificial Intelligence Governance Boards established pursuant 
        to guidance issued under subsection (a);</DELETED>
        <DELETED>    (2) an assessment of the effectiveness of Chief 
        Artificial Intelligence Officers;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) other relevant matters, as determined by the 
        Comptroller General of the United States.</DELETED>

<DELETED>SEC. 6. SUNSET.</DELETED>

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

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 5002 
        of the National Artificial Intelligence Initiative Act of 2020 
        (15 U.S.C. 9401).
            (3) Chief artificial intelligence officer.--The term 
        ``Chief Artificial Intelligence Officer'' means an official 
        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 artificial intelligence innovation and 
        responsible design, development, and application;
            (2) oversee compliance with Governmentwide requirements, 
        including existing requirements for agencies to inventory and 
        publish use cases of artificial intelligence;
            (3) develop recommendations for, and advise agencies on, 
        best practices for the design, acquisition, development, 
        modernization, use, operation, sharing, risk management, 
        auditing, and performance of artificial intelligence 
        technologies while ensuring privacy, security, and the 
        protection of civil rights and civil liberties;
            (4) share experiences, ideas, and promising practices, 
        including work process redesign and the development of 
        performance measures to optimize Federal Government use of and 
        investments in artificial intelligence;
            (5) in coordination with the Director of the Office of 
        Personnel Management, assess and monitor the hiring, training, 
        classification, and professional development needs of the 
        Federal workforce relating to artificial intelligence;
            (6) examine and track the costs and benefits of artificial 
        intelligence use in the Federal Government, and make 
        recommendations for any limits that should be placed on the 
        acquisition, development, and use of artificial intelligence 
        and the capabilities of artificial intelligence;
            (7) help improve the abilities of agencies to understand 
        artificial intelligence and intervene in crisis;
            (8) review and analyze already deployed artificial 
        intelligence systems within the Federal Government for 
        potential harm; and
            (9) assist the Director, as necessary, in--
                    (A) identifying, developing, coordinating, and 
                overseeing multi-agency projects and other initiatives 
                to improve Government performance;
                    (B) monitoring and managing 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;
                            (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;
                            (iii) creating a framework for how agencies 
                        can reduce risk in the design, development, and 
                        use of artificial intelligence systems; and
                            (iv) implementing measurements and 
                        producing specific guidance on use cases for 
                        which the Federal Government should not be 
                        developing, procuring, or using artificial 
                        intelligence systems;
                    (C) ensuring artificial intelligence systems used 
                and procured by agencies are and have been responsibly 
                developed and evaluated such that the artificial 
                intelligence systems are transparent and secure, do not 
                infringe on privacy, and promote civil interests;
                    (D) continually monitoring the capabilities of 
                artificial intelligence systems used and procured by 
                the Federal Government; and
                    (E) ensuring accountability for the use and 
                procurement of artificial intelligence systems that 
                result in flawed, inaccurate, or biased decisions that 
                would impact individuals.
    (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.
    (d) Administrative Support.--The Administrator of General Services 
shall provide administrative support for 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) trustworthiness.
    (b) Chief Artificial Intelligence Officer.--
            (1) In general.--Not later than 45 days after the date of 
        enactment of this Act, the head of each agency shall designate 
        a Chief Artificial Intelligence Officer with responsibility 
        for--
                    (A) promoting artificial intelligence innovation 
                and use within the agency to further the agency's 
                effectiveness and efficiency;
                    (B) 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;
                    (C) participating in internal control processes or 
                entities convened for the purpose of reviewing 
                artificial intelligence acquisitions throughout the 
                acquisition life cycle;
                    (D) producing a risk management plan for agency-
                specific use cases of artificial intelligence, 
                including--
                            (i) a procedure for classifying risk levels 
                        in agency use of artificial intelligence; and
                            (ii) specific guidance on use cases for 
                        which the agency should not developing, 
                        procuring, or using artificial intelligence 
                        systems;
                    (E) in coordination with other responsible 
                officials of the agency--
                            (i) assessing and addressing agency 
                        personnel requirements and professional 
                        development requirements relating to artificial 
                        intelligence; and
                            (ii) developing and overseeing agency 
                        processes regarding the design, acquisition, 
                        development, modernization, use, data 
                        management, operation, sharing, and auditing of 
                        artificial intelligence systems by the agency, 
                        including existing requirements to inventory 
                        and publish agency use cases;
                            (iii) ensuring artificial intelligence 
                        policies of the agency comply with the 
                        Constitution of the United States and 
                        Governmentwide requirements;
                            (iv) ensuring all artificial intelligence 
                        systems used and procured by the agency are and 
                        have been responsibly developed and evaluated 
                        such that the systems are transparent and 
                        secure, do not infringe on privacy, and promote 
                        civil interests;
                            (v) continually monitoring the capabilities 
                        and impacts of artificial intelligence systems 
                        used and procured by the agency; and
                            (vi) ensuring accountability for the use 
                        and procurement of artificial intelligence 
                        systems that result in flawed, inaccurate, or 
                        biased decisions that would impact individuals;
                    (F) helping to improve the ability of the agency to 
                understand artificial intelligence and to intervene in 
                crisis;
                    (G) reviewing and analyzing already deployed 
                artificial intelligence systems of the agency for 
                potential harm; and
                    (H) 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.
            (5) Full-time employee.--
                    (A) In general.--To the extent practicable, each 
                Chief Artificial Intelligence Officer designated under 
                paragraph (1) shall be a full-time employee of the 
                agency on the date of the designation.
                    (B) Justification.--If the head of an agency 
                designates a Chief Artificial Intelligence Officer of 
                the agency who is not a full-time employee on the date 
                of the designation, the head of the agency shall 
                provide the Comptroller General of the United States a 
                justification for the designation of an individual who 
                is not a full-time employee, such as a lack of 
                qualified personnel.
                    (C) Inclusion in report.--The Comptroller General 
                of the United States shall include each justification 
                provided by the head of agency under subparagraph (B) 
                in the report required under section 6(a).
    (c) Informing Congress.--Not later than 60 days after the date of 
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 relevant 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 
Coordination Board to--
            (1) coordinate artificial intelligence issues of the 
        agency; and
            (2) to the extent applicable to the agency, publish a 
        statement of principles and goals relating to artificial 
        intelligence.
    (b) Contents.--The guidance issued under subsection (a) shall--
            (1) define the structure and activities of Artificial 
        Intelligence Coordination Boards of agencies; and
            (2) ensure that the membership of the Artificial 
        Intelligence Coordination Board of an agency may include, 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 Coordination 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 responsible and 
        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, including with respect 
                to privacy, civil rights, civil liberties, and 
                information security.
                    (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.

SEC. 6. GAO REPORTS.

    (a) In General.--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 Coordination Boards established pursuant to 
        guidance issued under section 5(a);
            (2) an assessment of agency implementation and the 
        effectiveness of Chief Artificial Intelligence Officers;
            (3) recommendations for improving the implementation and 
        effectiveness of Artificial Intelligence Coordination Boards 
        established pursuant to guidance issued under section 5(a) and 
        Chief Artificial Intelligence Officers;
            (4) an analysis by the Comptroller General of the United 
        States with respect to the costs and benefits of--
                    (A) the Federal implementation of artificial 
                intelligence; and
                    (B) the activities of the Artificial Intelligence 
                Coordination Boards established pursuant to guidance 
                issued under section 5(a);
            (5) an assessment of the extent to which select agencies 
        appropriately consider the costs and benefits of the design, 
        development, deployment, and continuous monitoring of 
        artificial intelligence;
            (6) an assessment of jobs that could be at risk of 
        dislocation and opportunities of other jobs with the Federal 
        Government and the economy of the United States as a result of 
        technological developments with respect to artificial 
        intelligence, including potential effects on blue collar and 
        white collar occupational categories;
            (7) an inventory of artificial intelligence use cases of 
        each agency, including an assessment of how each agency 
        protects privacy and mitigates bias in the use by the agency of 
        artificial intelligence; and
            (8) other relevant matters, as determined by the 
        Comptroller General of the United States.
    (b) Additional 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 the 
impact of biased datasets on Federal use and implementation of 
artificial intelligence systems.

SEC. 7. POST-ENACTMENT GUIDANCE FROM THE DIRECTOR.

    Not later than 5 years after the date of enactment of this Act, the 
Director shall--
            (1) consider technological and other developments, current 
        and future requirements, and options for artificial 
        intelligence governance; and
            (2) issue a directive to agencies--
                    (A) updating leadership roles, organizational 
                structures, and other matters relating to artificial 
                intelligence, as determined relevant by the Director; 
                and
                    (B) that includes an action plan and timeline for 
                implementation.

SEC. 8. SUNSET.

    Effective on the date that is 90 days after the date of issuance of 
the directive under section 7, this Act shall have no force or effect.
            Amend the title so as to read: ``A bill to establish the 
        Chief Artificial Intelligence Officers Council, Chief 
        Artificial Intelligence Officers, and Artificial Intelligence 
        Coordination Boards, and for other purposes.''.
                                                       Calendar No. 495

118th CONGRESS

  2d Session

                                S. 2293

                          [Report No. 118-216]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 10, 2024

        Reported with an amendment and an amendment to the title