[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9363 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9363
To amend the National Artificial Intelligence Initiative Act of 2020 to
establish a center on artificial intelligence to ensure continued
United States leadership in research, development, and evaluation of
artificial intelligence systems, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2026
Mr. Obernolte (for himself, Mrs. Foushee, Mr. Babin, Mr. Mann, and Mr.
Scott Franklin of Florida) introduced the following bill; which was
referred to the Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To amend the National Artificial Intelligence Initiative Act of 2020 to
establish a center on artificial intelligence to ensure continued
United States leadership in research, development, and evaluation of
artificial intelligence systems, 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 Security and Innovation Act''.
SEC. 2. ARTIFICIAL INTELLIGENCE ADVANCEMENT AND RELIABILITY.
(a) In General.--The National Artificial Intelligence Initiative
Act of 2020 (enacted as division E of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021; Public Law
116-283) is amended--
(1) in section 5002 (15 U.S.C. 9401)--
(A) in paragraph (3)--
(i) in the heading, by striking
``Artificial'' and inserting ``AI;
artificial'';
(ii) by striking ``term `artificial
intelligence' means'' and inserting ``terms
`AI' and `artificial intelligence' mean''; and
(iii) by adding at the end the following
new paragraphs:
``(4) Artificial intelligence model.--The term `artificial
intelligence model' means a component of an artificial
intelligence system that is--
``(A) derived using mathematical, computational,
statistical, or machine-learning techniques; and
``(B) used as part of an artificial intelligence
system to produce outputs or behaviors from a defined
set of inputs.
``(5) Artificial intelligence system.--The term `artificial
intelligence system' means a data system, software,
application, hardware, tool, service, or utility that operates
in whole or in part using artificial intelligence.'';
(B) by redesignating paragraphs (4), (5), (6), (7),
(8), (9), (10), and (11) as paragraphs (6), (8), (9),
(10), (11), (13), (14), and (15), respectively;
(C) by inserting after paragraph (6), as so
redesignated, the following new paragraphs:
``(7) Foreign adversary.--The term `foreign adversary' has
the meaning given the term `covered nation' in section
4872(f)(2) of title 10, United States Code.''; and
(D) by inserting after paragraph (11), as so
redesignated, the following new paragraph:
``(12) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).''; and
(2) in title LIII (15 U.S.C. 9441 et seq.), by adding at
the end the following new section:
``SEC. 5304. CENTER FOR AI SECURITY AND INNOVATION.
``(a) Establishment.--
``(1) In general.--Not later than 60 days after the date of
the enactment of this section, the Secretary of Commerce,
acting through the Under Secretary of Commerce for Standards
and Innovation (in this section referred to as the `Secretary'
and `Under Secretary', respectively), shall establish in the
National Institute of Standards and Technology a center on
artificial intelligence, to be known as the `Center for AI
Security and Innovation' (in this section referred to as the
`Center').
``(2) Activities.--The Center shall carry out the
following:
``(A) Measure risks related to artificial
intelligence systems, including national security risks
and economic security risks.
``(B) Support the exchange of information between
non-governmental entities and Federal departments and
agencies to facilitate mitigation related to any such
risks.
``(C) Ensure continued leadership in the United
States with respect to research, development, and
evaluation of artificial intelligence systems.
``(3) Transfer study.--
``(A) In general.--The Secretary may conduct a
study, as the Secretary determines appropriate, that
includes the following:
``(i) An assessment of the feasibility, and
the advantages and disadvantages, of
transferring the Center to an agency of the
Department of Commerce, or establishing the
Center as an agency of the Department.
``(ii) Recommendations for Congress related
to the following:
``(I) Any additional authority the
Center should have.
``(II) Amounts of funding for the
Center.
``(B) Congressional review.--If the Secretary
conducts the study under subparagraph (A), the
Secretary shall, not later than 30 days after so
conducting such study, submit to the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate such study for review.
``(b) Director.--
``(1) In general.--Not later than 3 months after the date
of the enactment of this section, the Secretary, acting through
the Under Secretary, shall appoint a director for the Center
(referred to in this section as the `Director').
``(2) Experience.--The Secretary, acting through the Under
Secretary, shall ensure the Director has the experience and is
qualified to provide advice and leadership to carry out the
duties under subsection (c).
``(c) Duties.--
``(1) In general.--The Director shall carry out the
following:
``(A) Evaluate and improve security measures with
respect to artificial intelligence systems and seek to
reduce any risk of misuse of such systems, including
the evaluation and improvement of security measures
that address threats relating to the following:
``(i) Model serialization attacks.
``(ii) Model tampering.
``(iii) Data leakage.
``(iv) Adversarial prompt injection.
``(v) Model extraction.
``(vi) Model jailbreaks.
``(vii) Supply chain attacks.
``(B) Establish a process for covered entities to
enter into voluntary agreements with the Director to
develop or evaluate, as appropriate, covered frontier
systems to conduct classified and unclassified
evaluations of risks that such systems may pose to
national security or economic security, including with
respect to risks related to cybersecurity or chemical,
biological, radiological, or nuclear threats.
``(C) Conduct evaluations and assessments with
respect to the following:
``(i) Covered frontier systems developed by
covered entities located in the following:
``(I) The United States.
``(II) A foreign adversary.
``(ii) Any potential security
vulnerability, flaw, or malign foreign activity
that results from artificial intelligence
systems.
``(iii) Any relevant artificial
intelligence system, as determined by the
Director.
``(D) Support the laboratories of the National
Institute of Standards and Technology in the
development and voluntary adoption of standards,
guidelines, and best practices relating to the
following:
``(i) The testing and evaluation of covered
frontier systems.
``(ii) Measuring and improving the security
and reliability of artificial intelligence
systems, including in areas such as robustness,
interpretability of artificial intelligence,
security relating to data centers and hardware
security mechanisms.
``(iii) Any other matter relating to a
covered frontier system, as determined
appropriate by the Director.
``(E) Publish any such standards, guidelines, and
best practices.
``(F) Assess the following:
``(i) Whether covered frontier systems are
developing or voluntarily adopting any such
standards, guidelines, or best practices.
``(ii) Any barrier to such voluntary
adoption.
``(G) Assess trends with respect to the development
of artificial intelligence in the United States and in
foreign adversaries, including through comparative
assessments of how the capabilities of artificial
intelligence systems in the U.S. and foreign
adversaries differ with respect to key artificial
intelligence capabilities milestones, as determined by
the Director.
``(H) Any other action the Director determines
necessary to carry out the activities of the Center
under subsection (a)(2).
``(2) Consultation.--
``(A) In general.--In carrying out paragraph (1),
the Director shall consult with the following:
``(i) The Director of the Office of Science
and Technology Policy.
``(ii) The Secretary of Energy.
``(iii) The Secretary of Defense.
``(iv) The Secretary of Homeland Security.
``(v) Members of the intelligence
community.
``(vi) The heads of any other relevant
Federal departments or agencies as the Director
determines appropriate.
``(B) Standards, guidelines, and best practices.--
Before the Director publishes any standards,
guidelines, or best practices pursuant to paragraph
(1)(E), the Director shall consult with developers of
artificial intelligence.
``(3) Interagency participation.--The Director shall be
included in any interagency process convened by the Executive
Office of the President relating to artificial intelligence
policy, and may submit assessments and recommendations directly
to the National Security Council and the Office of Science and
Technology Policy on matters within the scope of the duties
described in paragraph (1).
``(4) Defining covered frontier system.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this section, the Under
Secretary, acting through the Director, shall publish,
and update as the Director determines appropriate, a
definition of the term `covered frontier system' that
identifies what capabilities and requirements an
artificial intelligence system shall have to be
considered such a `covered frontier system'.
``(B) Activities.--In carrying out subparagraph
(A), the Under Secretary, acting through the Director,
in consultation with relevant non-governmental entities
(including developers of artificial intelligence),
shall carry out a program of measurement research to
understand and benchmark the capabilities and
limitations of artificial intelligence systems over
time.
``(5) Optional publication.--The Director may make any
evaluation or assessment conducted under paragraph (1)(C)
publicly available, as the Director determines appropriate.
``(d) Critical Technical Experts.--
``(1) In general.--The Secretary may appoint officers and
employees for the Center as the Secretary determines necessary.
``(2) Hiring critical technical experts.--Notwithstanding
section 3104 of title 5, United States Code, or the provisions
of any other law relating to the appointment, number,
classification, or compensation of employees, the Secretary
shall have the authority to make appointments of scientific,
engineering, and professional personnel, and to fix the basic
pay of such personnel at a rate to be determined by the
Secretary at rates not in excess of the highest total annual
compensation payable at the rate determined under section 104
of title 3, United States Code. The Secretary shall appoint not
more than 15 personnel under this subsection.
``(e) Confidentiality of Records; Limitation.--Any information
shared with or provided to the Director by a covered entity or the
developer of a covered frontier system to carry out subsection (c)--
``(1) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(2) may not--
``(A) be made public unless such covered entity or
developer provides the Director consent for such
information to be disclosed to the public; and
``(B) be used by any Federal, State, local, or
Tribal government to regulate an activity of such
covered entity related to such information.
``(f) Avoiding Duplication.--In carrying out this section, the
Director shall take such actions as may be necessary to ensure no
unnecessary duplication with activities carried out pursuant to section
22A of the National Institute of Standards and Technology Act (15
U.S.C. 278h-1).
``(g) International Engagement.--
``(1) In general.--Except as provided in paragraph (2), the
Director may share information, collaborate, and participate in
talent exchanges with a center or institute similar to the
Center that is located in another country.
``(2) Exception.--Paragraph (1) does not apply with respect
to a center or institute similar to the Center that is located
in a foreign adversary.
``(h) Report.--For each fiscal year beginning with fiscal year
2027, not later than 90 days after the President submits a budget for
such fiscal year pursuant to section 1105 of title 31, United States
Code, the Secretary shall submit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
includes the following:
``(1) The budget of the Center for such fiscal year.
``(2) Information relating to the consultation required by
subsection (c)(2).
``(3) A description of any goals, priorities, and metrics
for guiding and evaluating any activities of the Center under
subsection (a)(2).
``(4) An assessment of the following:
``(A) The state of international competition
relating to artificial intelligence, including a
comparison between the capabilities of artificial
intelligence systems developed by entities in the
United States and foreign adversaries.
``(B) Any talent or personnel gaps affecting the
ability of the Director to carry out subsection (c),
and any recommendations relating to the recruitment and
retention of personnel through temporary rotational
assignments of personnel from other Federal departments
or agencies or non-governmental entities, fellowship
programs, or any other means of utilizing specialized
technical expertise from non-governmental entities.
``(C) Any new or emerging capabilities that may
impact the national or economic security of the United
States that artificial intelligence systems currently
possess or that the Director expects such systems to
plausibly possess in the upcoming years, with a focus
on any such capabilities that are most critical or
relevant for the national security of the United
States.
``(i) Prohibition on Regulations.--This section does not confer
upon the Director any regulatory, rulemaking, or enforcement authority.
``(j) Authorization of Appropriations.--There is to be authorized
to be appropriated to the Secretary to carry out this section
$20,000,000 for each of fiscal years 2027 through 2032.
``(k) Sunset.--This section shall terminate on the date that is 5
years after the date of the enactment of this section.
``(l) Rules of Construction.--Nothing in this section may be
construed to carry out any of the following:
``(1) Provide the Director, Secretary, or Under Secretary
any enforcement authority that was not in effect on the day
before the date of the enactment of this section.
``(2) Confer any regulatory authority to any Federal,
State, local, or Tribal department or agency.
``(3) Modify any regulatory requirement to report or submit
information to a Federal, State, local, or Tribal department or
agency.
``(m) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means an
entity or consortium of entities with a demonstrated ability to
develop or evaluate, as the case may be, a covered frontier
system.
``(2) Covered frontier system.--The term `covered frontier
system' has the meaning determined by the Director pursuant to
subsection (c)(4).''.
(b) Clerical Amendment.--The tables of contents in section 2(b) and
title LIII of division E of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 are amended by inserting
after the items relating to section 5303 the following new item:
``Sec. 5304. Center for AI Standards and Innovation.''.
<all>