S 2293 — AI LEAD Act

McCain9401). National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C.

note(3) prec.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).

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).

(b) Duties.--The Council shall-- (1) promote coordinationartificial regardingintelligence agencyinnovation practicesand relatingresponsible to the design, acquisition, development, modernization, use, operation, sharing, risk management, and performanceapplication; of artificial intelligence technologies;

(2) ensureoversee interagencycompliance coordinationwith regardingGovernmentwide Federalrequirements, artificialincluding intelligenceexisting activities;requirements for agencies to inventory and publish use cases of artificial intelligence;

(3) sharedevelop experiences,recommendations ideas,for, and advise agencies on, best practices,practices andfor innovativethe approachesdesign, relatingacquisition, todevelopment, modernization, use, operation, sharing, risk management, auditing, and performance of artificial intelligence;intelligence technologies while ensuring privacy, security, and the protection of civil rights and civil liberties;

and (4) assistshare theexperiences, Director,ideas, asand necessary,promising in--practices, (A)including thework identification,process development,redesign and coordinationthe development of multi-agencyperformance projectsmeasures andto otheroptimize initiativesFederal toGovernment improveuse Governmentof performance;and investments in artificial intelligence;

and(5) (B)in coordination with the managementDirector of risksthe relatingOffice toof developing,Personnel obtainingManagement, orassess usingand artificialmonitor intelligence,the includinghiring, by--training, (i)classification, promotingand theprofessional development andneeds use of efficient,the common,Federal andworkforce sharedrelating approaches to keyartificial processesintelligence; that improve the delivery of services for the public;

and(6) (ii)examine soliciting and providingtrack perspectivesthe oncosts mattersand benefits of concernartificial tointelligence use in the Council,Federal asGovernment, appropriate,and frommake recommendations for any limits that should be placed on the acquisition, development, and to--use (I)of artificial intelligence and the Chiefcapabilities Financialof Officersartificial Council;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;

and (XI) other individuals and entities, as determined necessary by the Director.Director;

(c)(iii) Membershipcreating ofa CAIOC.--framework (1)for Chair.--Thehow Directoragencies shallcan servereduce asrisk in the Chairdesign, development, and use of theartificial Council.intelligence systems;

(2)and Cochair.--The(iv) Cochairimplementing ofmeasurements theand Councilproducing shallspecific be--guidance (A)on nominateduse bycases afor majoritywhich of the membersFederal ofGovernment theshould Council;not be developing, procuring, or using artificial intelligence systems;

(C) ensuring artificial intelligence systems used and (B)procured designatedby asagencies theare Cochairand ofhave thebeen Councilresponsibly bydeveloped and evaluated such that the Director.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.

(d) Administrative Support.--The Administrator of General Services shall provide administrative support for the Council.

and (6) reliability.trustworthiness.

(b) Chief Artificial Intelligence Officer.-- (1) In general.--Thegeneral.--Not later than 45 days after the date of enactment of this Act, the head of each agency shall hire or designate a Chief Artificial Intelligence Officer with responsibility for-- (A) promoting artificial intelligence innovation;innovation and use within the agency to further the agency's effectiveness and efficiency;

(B) developing,providing ininput coordinationon withthe otherdecision responsibleprocesses officialsfor ofannual theand agency,multi-year theplanning, policiesprogramming, ofbudgeting, theand agencyexecution regardingdecisions, therelated usereporting ofrequirements, and reports relating to artificial intelligence technologies;of the agency;

(C) ensuringparticipating policiesin ofinternal control processes or entities convened for the agencypurpose areof inreviewing complianceartificial withintelligence governmentwideacquisitions requirements;throughout the acquisition life cycle;

(D) inproducing coordinationa withrisk othermanagement responsibleplan officialsfor ofagency- thespecific agency,use thecases processes of theartificial agencyintelligence, regardingincluding-- the(i) riska management,procedure governance,for andclassifying oversightrisk oflevels thein agency use of artificial intelligenceintelligence; by the agency;

(E)and producing(ii) aspecific riskguidance managementon plan for agency- specific use cases offor artificialwhich intelligence,the includingagency ashould procedurenot fordeveloping, classifyingprocuring, riskor levelsusing in agency use of artificial intelligence;intelligence systems;

(F)(E) ensuringin standards,coordination regulations,with investments,other practices,responsible systems,officials andof otherthe mattersagency-- are(i) designed,assessing developed, and deployedaddressing inagency apersonnel mannerrequirements thatand protectsprofessional thedevelopment rightsrequirements andrelating safetyto ofartificial individuals;intelligence;

(G)and providing(ii) inputdeveloping onand theoverseeing decisionagency processes forregarding annualthe anddesign, multi-yearacquisition, planning,development, programming,modernization, budgeting,use, data management, operation, sharing, and executionauditing decisions,of relatedartificial reportingintelligence requirements,systems andby reportsthe relatingagency, including existing requirements to artificialinventory intelligenceand ofpublish theagency agency;use cases;

(H)(iii) participatingensuring inartificial internalintelligence controlpolicies processesof orthe entitiesagency convenedcomply forwith the purposeConstitution of reviewingthe artificialUnited intelligenceStates acquisitionsand duringGovernmentwide therequirements; acquisition life cycle;

(iv) ensuring all artificial intelligence systems used and (I)procured performingby otherthe functionsagency relatingare toand artificialhave intelligence,been asresponsibly determineddeveloped byand theevaluated Directorsuch orthat the headsystems ofare thetransparent agency.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.

(c)(5) InformingFull-time Congress.--Notemployee.-- later(A) thanIn 1general.--To year after the dateextent ofpracticable, theeach enactmentChief ofArtificial thisIntelligence Act,Officer thedesignated headunder ofparagraph each agency shall-- (1) informshall thebe relevanta congressionalfull-time committeesemployee of the appointmentagency ofon athe Chiefdate Artificialof Intelligencethe Officerdesignation. pursuant to subsection (b);

and(B) (2)Justification.--If ifthe relevant,head provideof toan theagency appropriatedesignates congressionala committeesChief aArtificial fullIntelligence descriptionOfficer of anythe authoritiesagency andwho responsibilitiesis ofnot thea individualfull-time servingemployee ason the Chiefdate Artificialof Intelligencethe Officerdesignation, thatthe arehead performedof inthe additionagency toshall provide the authoritiesComptroller andGeneral responsibilities of the individualUnited inStates a justification for the roledesignation of thean Chiefindividual Artificialwho Intelligenceis Officer.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.

(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 GovernanceCoordination Board toto-- (1) coordinate and govern artificial intelligence issues of the agency.agency;

(b)and Contents.--The(2) guidanceto issuedthe underextent subsectionapplicable (a)to shall-- (1) define the structureagency, andpublish activitiesa statement of Artificialprinciples Intelligenceand Governmentgoals Boardsrelating ofto agencies;artificial intelligence.

and(b) (2)Contents.--The ensureguidance thatissued theunder membershipsubsection of(a) theshall-- Artificial(1) Intelligencedefine Governance Board of an agency includes, to the extentstructure applicableand toactivities theof agency--Artificial (A)Intelligence theCoordination deputyBoards head of theagencies; agency;

(B)and (2) ensure that the Chiefmembership of the Artificial Intelligence OfficerCoordination Board of thean agency,agency whomay shallinclude, serveto as the Chairextent ofapplicable to the Artificialagency-- Intelligence(A) Governancethe Boarddeputy 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) 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.

(D) How the agency will oversee artificial intelligence systems and applications to identify and mitigate risk and prevent harm.harm, including with respect to privacy, civil rights, civil liberties, and information security.

(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.

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.

Effective on the date that is 1090 yearsdays after the date of enactmentissuance of thisthe Act,directive under section 7, this Act shall have no force or effect.

<all>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