[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2346 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2346

  To require the Secretary of Health and Human Services to develop a 
  strategy for public health preparedness and response to artificial 
             intelligence threats, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2023

 Mr. Budd (for himself and Mr. Markey) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Health and Human Services to develop a 
  strategy for public health preparedness and response to artificial 
             intelligence threats, 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 ``Strategy for Public Health 
Preparedness and Response to Artificial Intelligence Threats''.

SEC. 2. STRATEGY FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO 
              ARTIFICIAL INTELLIGENCE THREATS.

    (a) Definitions.--In this section:
            (1) 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).
            (2) PHSA definitions.--The terms ``qualified 
        countermeasure'', ``security countermeasure'', and ``qualified 
        pandemic or epidemic product'' have the meanings given the 
        terms in sections 319F-1(a)(2), 319F-2(c)(1)(B), and 319F-3(i), 
        respectively, of the Public Health Service Act (42 U.S.C. 247d-
        6a(a)(2); (42 U.S.C. 247d-6b(c)(1)(B); (42 U.S.C. 247d-6d(i)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
    (b) Strategy for Public Health Preparedness and Response to 
Artificial Intelligence Threats.--
            (1) Strategy.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with 
        stakeholders, including stakeholders developing qualified 
        countermeasures, security countermeasures, or qualified 
        pandemic or epidemic products and stakeholders with an 
        understanding of artificial intelligence technologies, shall 
        prepare and submit to the relevant committees of Congress a 
        strategy for public health preparedness and response and 
        biodefense to address the risks of misuse of artificial 
        intelligence that present a threat to national health security.
            (2) Inclusions.--The strategy under paragraph (1) shall 
        include--
                    (A) a framework for public health preparedness and 
                response to mitigate the risks of misuse of artificial 
                intelligence that present a threat to national health 
                security;
                    (B) identifying the duties, functions, and 
                preparedness goals for which the Secretary is 
                responsible in order to prepare for, respond to, and 
                mitigate the risks of such artificial intelligence 
                threats, including metrics by which to measure success 
                in meeting preparedness and risk mitigation goals;
                    (C) identifying gaps in public health capabilities 
                to achieve such preparedness and risk mitigation goals;
                    (D) strategies to address identified gaps and 
                strengthen public health emergency preparedness and 
                response capabilities to address such artificial 
                intelligence threats; and
                    (E) strategies to mitigate--
                            (i) the risks posed by the threat of the 
                        misuse of artificial intelligence, at a minimum 
                        of--
                                    (I) the development of biological 
                                weapons; and
                                    (II) the design of viruses and 
                                bacteria that are resistant to 
                                treatment; and
                            (ii) such other risks posed by the threat 
                        of the misuse of artificial intelligence as are 
                        determined by the Secretary.
            (3) Protection of national security.--The Secretary shall 
        make the strategy under paragraph (1) available to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate, the Committee on Energy and Commerce of the House of 
        Representatives, and other congressional committees of 
        jurisdiction, in a manner that does not compromise national 
        security.
    (c) Coordination of Preparedness for and Response to All-Hazards 
Public Health Emergencies.--Section 2811(b)(4)(D) of the Public Health 
Service Act (42 U.S.C. 300hh-10(b)(4)(D)) is amended--
            (1) by striking ``deployment of the Federal response'' and 
        inserting the following: ``deployment of--
                            ``(i) the Federal response'';
            (2) in clause (i) (as so designated), by striking ``and 
        such Federal responses'' and inserting the following:
                            ``(ii) such Federal responses'';
            (3) in clause (ii) (as so designated), by striking the 
        period at the end and inserting ``; and''; and
            (4) by adding at the end the following:
                            ``(iii) such Federal responses covered by 
                        the strategy for public health preparedness and 
                        response to address the risks of misuse of 
                        artificial intelligence that present a threat 
                        to national health security described in 
                        section 2(b) of the Strategy for Public Health 
                        Preparedness and Response to Artificial 
                        Intelligence Threats.''.
                                 <all>