[Senate Report 118-109]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 234
118th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      118-109
_______________________________________________________________________

                                     


                       AI LEADERSHIP TRAINING ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 1564

                TO REQUIRE THE DIRECTOR OF THE OFFICE OF
            PERSONNEL MANAGEMENT TO ESTABLISH, OR OTHERWISE
             ENSURE THE PROVISION OF, A TRAINING PROGRAM ON
             ARTIFICIAL INTELLIGENCE FOR FEDERAL MANAGEMENT
           OFFICIALS AND SUPERVISORS, AND FOR OTHER PURPOSES







[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]







                November 2, 2023.--Ordered to be printed  
                
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
49-010                   WASHINGTON : 2023 
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut      JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California       ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
                  Michelle M. Benecke, Senior Counsel
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
          Kendal B. Tigner, Minority Professional Staff Member
                     Laura W. Kilbride, Chief Clerk



















                                                      Calendar No. 234
118th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      118-109

======================================================================



 
                       AI LEADERSHIP TRAINING ACT

                                _______
                                

                November 2, 2023.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 1564]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 1564), to require 
the Director of the Office of Personnel Management to 
establish, or otherwise ensure the provision of, a training 
program on artificial intelligence for Federal management 
officials and supervisors, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                     Page 
  I. Purpose and Summary..............................................  1 
 II. Background and Need for the Legislation..........................  2 
III. Legislative History..............................................  2 
 IV. Section-by-Section Analysis of the Bill, as Reported.............  3 
  V. Evaluation of Regulatory Impact..................................  4 
 VI. Congressional Budget Office Cost Estimate........................  4 
VII. Changes in Existing Law Made by the Bill, as Reported............  5 

                         I. PURPOSE AND SUMMARY

    S. 1564, the Artificial Intelligence Leadership Training 
Act, requires the Director of the Office of Personnel 
Management (OPM) to provide or otherwise ensure that federal 
supervisors and management officials receive annual training on 
artificial intelligence (AI). Instruction required in this 
legislation includes trustworthy and responsible AI; the 
benefits and risks of AI; how risks can be mitigated; and, 
future trends. The bill encourages the OPM Director to utilize 
interactive learning with technologists, scholars, and other 
experts from the private, public, and nonprofit sectors. The 
bill requires methods to measure the participation of trainees 
and receive their feedback, and includes a sunset of 10 years 
after the date of enactment.

              II. BACKGROUND AND NEED FOR THE LEGISLATION

    As the federal government ramps up investments in AI, 
leaders in the federal government need training on its 
capabilities and risks.\1\ Along with positive impacts for 
agencies and society, there are parallel causes of concern 
that, if improperly or maliciously applied, AI could cause 
grave harm to our citizens as well as to national security.\2\
---------------------------------------------------------------------------
    \1\National Security Commission on Artificial Intelligence, Final 
Report (Mar. 2021) (www.nscai.gov/wp-content/uploads/2021/03/Full-
Report-Digital-1.pdf); National Artificial Intelligence Advisory 
Committee, Year 1 Report (May 2023) (www.ai.gov/wp-content/uploads/
2023/05/NAIAC-Report-Year1.pdf).
    \2\Pew Research Center, Themes: The most harmful or menacing 
changes in digital life that are likely by 2035 (June 21, 2023) 
(www.pewresearch.org/internet/2023/06/21/themes-the-most-harmful-or-
menacing-changes-in-digital-life-that-are-likely-by-2035/); Brookings 
Institution, Protecting privacy in an AI-driven world (Feb. 10, 2020) 
(www.brookings.edu/research/protecting-privacy-in-an-ai-driven-world/); 
Government Accountability Office, Artificial Intelligence: An 
Accountability Framework for Federal Agencies and Other Entities (GAO-
21-519SP) (June 30, 2021); Government Accountability Office, Facial 
Recognition Technology: Federal Law Enforcement Agencies Should Better 
Assess Privacy and Other Risks (GAO-21-518) (June 29, 2021); see also 
Government Accountability Office, Forensic Technology: Algorithms 
Strengthen Forensic Analysis, but Several Factors Can Affect Outcomes 
(GAO-21-435SP) (July 6, 2021).
---------------------------------------------------------------------------
    The need for workforce training on AI has been recognized 
by experts such as the National Security Commission on 
Artificial Intelligence (NSCAI).\3\ In its report, NSCAI is 
particularly concerned with the implications of an under-
trained federal workforce, noting: ``Government agencies that 
rely solely on contractors for digital expertise will become 
incapable of understanding the underlying technology well 
enough to make successful acquisition decisions independent of 
contractors.''\4\ More recently, the National AI Advisory 
Committee also recommended training for public and private 
sector entities, citing lack of knowledge and skills among 
personnel as a challenge to adoption of trustworthy AI.\5\
---------------------------------------------------------------------------
    \3\National Security Commission on Artificial Intelligence, Final 
Report (Mar. 2021) (www.nscai.gov/wp-content/uploads/2021/03/Full-
Report-Digital-1.pdf).
    \4\Id. at 123.
    \5\National Artificial Intelligence Advisory Committee, Year 1 
Report (May 2023) (www.ai.gov/wp-content/uploads/2023/05/NAIAC-Report-
Year1.pdf).
---------------------------------------------------------------------------

                        III. LEGISLATIVE HISTORY

    Senator Gary Peters (D-MI) introduced S. 1564, the 
Artificial Intelligence Leadership Training Act, on May 11, 
2023, with original cosponsor Senator Mike Braun (R-IN). The 
bill was referred to the Committee on Homeland Security and 
Governmental Affairs.
    The Committee considered S. 1564 at a business meeting on 
May 17, 2023. At the business meeting, Senator Peters offered a 
substitute amendment, as well as a modification to the 
substitute amendment due to negotiations with the Ranking 
Member. The Peters substitute amendment as modified adds more 
time to implement the bill and adds a requirement for the 
training program in the bill to cover the risks that federal 
government use of AI, including the use of AI for censorship 
and surveillance and the risks AI, poses to the First and 
Fourth Amendments to the Constitution. The Peters substitute 
amendment as modified also allows Congress to request 
information from the OPM Director on materials used to carry 
out the training program, including the name and organization 
of any person responsible for developing any part of the 
training provided by the program, and it provides the Director 
14 days to respond to any request. The Committee adopted the 
modification to the Peters substitute amendment and the Peters 
substitute as modified by unanimous consent, with Senators 
Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, Blumenthal, 
Paul, Lankford, Romney, and Scott present.
    Senator Paul offered an amendment to the bill that would 
have required a GAO evaluation and report of all censorship and 
surveillance activities conducted by the Department of Homeland 
Security. The Paul amendment was not adopted, by roll call vote 
of 6 yeas to 9 nays, with Senators Paul, Lankford, and Scott 
voting in the affirmative, and Senators Peters, Hassan, Sinema, 
Rosen, Padilla, Ossoff, Blumenthal, and Romney voting in the 
negative. Senators Johnson, Hawley, and Marshall voted yea by 
proxy, and Senator Carper voted nay by proxy.
    The bill, as amended by the Peters substitute amendment as 
modified, was ordered reported favorably by roll call vote of 9 
yeas to 1 nay, with Senators Peters, Hassan, Sinema, Rosen, 
Padilla, Ossoff, Blumenthal, Lankford, and Romney voting in the 
affirmative, and Senator Paul voting in the negative. Senators 
Carper and Marshall voted yea by proxy, for the record only, 
and Senators Johnson, Scott, and Hawley voted nay by proxy, for 
the record only.

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This section establishes the short title of the bill as the 
``Artificial Intelligence Leadership Training Act'' or the ``AI 
Leadership Training Act.''

Section 2. Artificial Intelligence leadership training program

    Subsection (a) defines the terms ``AI,'' ``covered 
employee,'' ``director,'' ``executive agency,'' ``management 
official,'' ``supervisor,'' and ``program.''
    Subsection (b) instructs the Director of OPM to develop and 
implement, or otherwise ensure the provision of, an AI 
leadership training program for covered employees, who are 
supervisors and managers, to be provided on an annual basis. 
The purpose is to ensure that these leaders have knowledge 
regarding (1) the capabilities and risks associated with AI; 
(2) safety and ethical issues relating to AI; (3) federal 
government requirements and best practices with respect to AI, 
such as with respect to the procurement, use, testing, 
evaluation, and auditing of AI capabilities; and (4) other 
matters relating to requirements for the development and use of 
AI within and by the federal government. This subsection 
enumerates the purposes of the topics that, at a minimum, must 
be included in the program.
    This subsection also requires the Director to update the 
program every two years, and to establish a means by which to 
measure participation in the program and to receive and 
incorporate feedback from participants. This subsection 
includes a sense of Congress that the program should include 
interactions with technologists, scholars, and other experts 
from the private, public, and nonprofit sectors. Finally, this 
subsection requires the program to sunset 10 years after the 
enactment of this bill.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE



    S. 1564 would require the Office of Personnel Management 
(OPM) to establish a training program to provide federal 
managers with an introductory understanding of the operational 
benefits and privacy risks of using artificial intelligence, or 
AI, which allows computer systems to perform tasks that 
typically require human intelligence.
    Using information from OPM and other agencies about efforts 
to use AI across the federal government, CBO anticipates that 
OPM would need five full-time employees to create and manage 
the training program. Accounting for the time needed to develop 
the program, CBO estimates that implementing the bill would 
cost $10 million over the 2023-2028 period for staff and 
technology costs. Any spending would be subject to the 
availability of appropriated funds.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 800 (general government). For this 
estimate, CBO assumes that the bill will be enacted late in 
fiscal year 2023 and that costs from implementing the bill will 
begin in fiscal year 2024.

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1564
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2023    2024    2025    2026    2027    2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization..............................       0       2       2       2       2       2        10
Estimated Outlays....................................       0       2       2       2       2       2        10
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Aldo Prosperi. 
The estimate was reviewed by Christina Hawley Anthony, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]