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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7532 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 740
118th CONGRESS
  2d Session
                                H. R. 7532

                          [Report No. 118-905]

   To amend chapter 35 of title 44, United States Code, to establish 
   Federal AI system governance requirements, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2024

 Mr. Comer (for himself, Mr. Raskin, Ms. Mace, Ms. Ocasio-Cortez, Mr. 
  Higgins of Louisiana, Mr. Connolly, Mr. Langworthy, and Mr. Khanna) 
 introduced the following bill; which was referred to the Committee on 
                      Oversight and Accountability

                           December 18, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                                5, 2024]

_______________________________________________________________________

                                 A BILL

 
   To amend chapter 35 of title 44, United States Code, to establish 
   Federal AI system governance requirements, 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 ``Federal A.I. Governance and 
Transparency Act of 2024''.

SEC. 2. ESTABLISHMENT OF FEDERAL AGENCY ARTIFICIAL INTELLIGENCE SYSTEM 
              GOVERNANCE REQUIREMENTS.

    (a) Federal AI System Governance.--
            (1) Amendment.--Chapter 35 of title 44, United States Code, 
        is amended by adding at the end the following:

       ``SUBCHAPTER IV--ARTIFICIAL INTELLIGENCE SYSTEM GOVERNANCE

``Sec. 3591. Purposes
    ``The purposes of this subchapter, with respect to the design, 
development, acquisition, use, management, and oversight of artificial 
intelligence in the Federal Government, are to ensure the following:
            ``(1) Actions that are consistent with the Constitution and 
        any other applicable law and policy, including those addressing 
        freedom of speech, privacy, civil rights, civil liberties, and 
        an open and transparent Government.
            ``(2) Any such action is purposeful and performance-driven, 
        including ensuring the following:
                    ``(A) Such action promotes the consistent and 
                systemic treatment of all individuals in a fair, just, 
                and impartial manner.
                    ``(B) The public benefits of such action 
                significantly outweigh the risks.
                    ``(C) The risks and operations of such action do 
                not unfairly and disproportionately benefit or harm an 
                individual or subgroup of the public.
                    ``(D) The risk of such action is assessed and 
                responsibly managed, including before the use of 
                artificial intelligence.
            ``(3) Any application of artificial intelligence is 
        consistent with the use cases for which the artificial 
        intelligence was trained, and the deployers of such application 
        promote verifiably accurate, ethical, reliable, and effective 
        use.
            ``(4) The safety, security, and resiliency of artificial 
        intelligence applications, including resilience when confronted 
        with any systematic vulnerability, adversarial manipulation, 
        and other malicious exploitation.
            ``(5) The purpose, operations, risks, and outcomes of 
        artificial intelligence applications are sufficiently 
        explainable and understandable, to the extent practicable, by 
        subject matter experts, users, impacted parties, and others, as 
        appropriate.
            ``(6) Such action is responsible and accountable, including 
        by ensuring the following:
                    ``(A) Human roles and responsibilities are clearly 
                defined, understood, and appropriately assigned.
                    ``(B) Artificial intelligence is used in a manner 
                consistent with the purposes described in this section 
                and the purposes for which each use of artificial 
                intelligence is intended.
                    ``(C) Such action, as well as relevant inputs and 
                outputs of artificial intelligence applications, are 
                well documented and accountable.
            ``(7) Responsible management and oversight by ensuring the 
        following:
                    ``(A) Artificial intelligence applications are 
                regularly tested against the purposes described in this 
                section.
                    ``(B) Mechanisms are maintained to supersede, 
                disengage, or deactivate applications of artificial 
                intelligence that demonstrate performance or outcomes 
                that are inconsistent with the intended use or this 
                subchapter.
                    ``(C) Engagement with impacted communities.
            ``(8) Transparency in publicly disclosing relevant 
        information regarding the use of artificial intelligence to 
        appropriate stakeholders, to the extent practicable and in 
        accordance with any applicable law and policy, including with 
        respect to the protection of privacy, civil liberties, and of 
        sensitive law enforcement, national security, trade secrets or 
        proprietary information, and other protected information.
            ``(9) Accountability for the following:
                    ``(A) Implementing and enforcing appropriate 
                safeguards necessary to comply with the purposes 
                described in this section and the requirements of this 
                subchapter, for the proper use and functioning of the 
                applications of artificial intelligence.
                    ``(B) Monitoring, auditing, and documenting 
                compliance with those safeguards, as appropriate.
                    ``(C) Providing appropriate training to all agency 
                personnel responsible for the design, development, 
                acquisition, use, management, and oversight of 
                artificial intelligence.
``Sec. 3592. Definitions
    ``In this subchapter:
            ``(1) In general.--Except as provided in paragraph (2), the 
        definitions under sections 3502 shall apply to this subchapter.
            ``(2) Additional definitions.--In this subchapter:
                    ``(A) Administrator.--The term `Administrator' 
                means the Administrator of General Services.
                    ``(B) Appropriate congressional committees.--The 
                term `appropriate congressional committees' means the 
                Committee on Oversight and Accountability of the House 
                of Representatives and the Committee on Homeland 
                Security and Governmental Affairs of the Senate.
                    ``(C) 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 (Public 
                Law 115-232; 10 U.S.C. note prec. 4061).
                    ``(D) Artificial intelligence system.--The term 
                `artificial intelligence system' means any data system, 
                software, application, tool, or utility that operates 
                in whole or in part using dynamic or static machine 
                learning algorithms or other forms of artificial 
                intelligence, whether--
                            ``(i) the data system, software, 
                        application, tool, or utility is established 
                        primarily for the purpose of researching, 
                        developing, or implementing artificial 
                        intelligence technology; or
                            ``(ii) artificial intelligence capability 
                        is integrated into another system or business 
                        process, operational activity, or technology 
                        system.
                    ``(E) Federal artificial intelligence system.--The 
                term `Federal artificial intelligence system' means an 
                artificial intelligence system used in connection with 
                a Federal information system.
                    ``(F) Federal information system.--The term 
                `Federal information system' has the meaning given the 
                term in section 11331(g) of title 40.
                    ``(G) National security system.--The term `national 
                security system' has the meaning given that term in 
                section 3552(b) of title 44.
``Sec. 3593. Authority and functions of the Director
    ``The Director shall oversee the design, development, acquisition, 
use, management, and oversight of Federal artificial intelligence 
systems by agencies to implement the purposes described in section 
3591. In performing such oversight, the Director shall do the 
following:
            ``(1) Develop, coordinate, and oversee the implementation 
        of policies, purposes, standards, and guidelines to ensure 
        appropriate use of Federal artificial intelligence systems and 
        the protection of civil rights, civil liberties, and privacy, 
        including in conformity with section 552a of title 5 and other 
        applicable laws, as well as the integrity of Federal 
        information systems and information technology in accordance 
        with the other requirements of this chapter.
            ``(2) Oversee agency compliance with the requirements of 
        this subchapter, including through any authorized enforcement 
        action under section 11303(b)(5) of title 40 to ensure agency 
        accountability and compliance.
            ``(3) Issue and update, as necessary, guidance to agencies 
        to take steps to advance the governance of Federal artificial 
        intelligence systems, manage risk, and remove relevant barriers 
        to innovation, consistent with the requirements of this 
        subchapter and, as appropriate the standards promulgated under 
        section 22A of the National Institute of Standards and 
        Technology Act (15 U.S.C. 278h-1) pursuant to section 5302 of 
        the William M. (Mac) Thornberry National Defense Authorization 
        Act for Fiscal Year 2021 (15 U.S.C. 9441) that addresses the 
        following:
                    ``(A) The development of policies regarding Federal 
                acquisition, procurement, and use by agencies regarding 
                artificial intelligence, including an identification of 
                the responsibilities of agency officials managing the 
                use of such technology.
                    ``(B) The ownership and protection of data and 
                other information created, used, processed, stored, 
                maintained, disseminated, disclosed, or disposed of by 
                a contractor or subcontractor (at any tier) on behalf 
                of the Federal Government.
                    ``(C) The protection of training data, algorithms, 
                and other components of any Federal artificial 
                intelligence system against misuse, unauthorized 
                alteration, degradation, or being rendered inoperable.
                    ``(D) The removal of barriers to responsible agency 
                use of artificial intelligence, such as information 
                technology, data, workforce, and budgetary barriers, in 
                order to promote the innovative application of those 
                technologies while protecting privacy, civil liberties, 
                civil rights, and economic and national security.
                    ``(E) The establishment of best practices for 
                identifying, assessing, and mitigating any 
                discrimination in violation of title VI of the Civil 
                Rights Act of 1964 (42. U.S.C. 2000d et seq.), or any 
                unintended consequence of the use of artificial 
                intelligence, including policies to--
                            ``(i) identify data used to train 
                        artificial intelligence;
                            ``(ii) identify data analyzed or ingested 
                        by Federal artificial intelligence systems used 
                        by the agencies; and
                            ``(iii) require periodic evaluation of 
                        Federal artificial intelligence systems, as 
                        appropriate.
            ``(4) Issue guidance for agencies to establish a plain 
        language notification process, as necessary and appropriate and 
        in conformity with applicable law, including section 552a of 
        title 5, for individuals or entities impacted by an agency 
        determination that has been based solely on an output from, or 
        substantively and meaningfully informed, augmented, or assisted 
        by a Federal artificial intelligence system, including the 
        contents of any notice, including examples of what the notice 
        may look like in practice.
            ``(5) Issue guidance for agencies to review their appeals 
        process and to make modifications, as necessary and 
        appropriate, to account for determinations made solely by or 
        substantively and meaningfully informed, augmented, or assisted 
        by a Federal artificial intelligence system, including guidance 
        on how an agency provides the impacted individual or entity the 
        opportunity for an alternative review independent of the 
        Federal artificial intelligence system, as appropriate.
            ``(6) Provide guidance and a template for the required 
        contents of the agency plans described in section 3594(6) that 
        uses a uniform resource locator that is in a consistent format 
        across agencies such as the format `agencyname.gov/AI'.
            ``(7) Issue guidance, including a uniform required 
        submission format and criteria for updating entries after 
        significant changes, for the establishment of agency AI 
        governance charters under section 3595, including defining 
        high-risk Federal artificial intelligence systems, and 
        publication under section 3596.
``Sec. 3594. Federal agency responsibilities
    ``The head of each agency shall do the following:
            ``(1) Comply with the requirements of this subchapter and 
        related policies, purposes, standards, and guidelines, 
        including those under section 552a of title 5 and in guidance 
        issued by the Director under section 3593.
            ``(2) Ensure that Federal artificial intelligence system 
        management processes are integrated with agency strategic, 
        operational, data, workforce planning, and budgetary planning 
        processes, and other requirements under this chapter.
            ``(3) Ensure that senior agency officials, including the 
        Chief Information Officer, the Chief Data Officer, and the 
        senior agency official for privacy, implement policies and 
        procedures regarding Federal artificial intelligence systems 
        under the control of such officers, assess and reduce any risks 
        to such systems to an acceptable level, and periodically assess 
        and validate management procedures and controls to ensure 
        effective implementation of this subchapter.
            ``(4) Delegate to the agency Chief Information Officer 
        established under section 3506 (or comparable official in an 
        agency not covered by such section) the primary authority and 
        accountability to ensure compliance with the agency 
        requirements under this subchapter in coordination with any 
        other appropriate senior agency official designated by the head 
        of the agency.
            ``(5) Ensure that contracts for the acquisition and 
        procurement of a Federal artificial intelligence system are 
        consistent with the requirements of this subchapter and any 
        guidance issued by the Director under section 3593(3).
            ``(6) Maintain a plan, posted on a publicly available and 
        centralized webpage of the agency and prepared in accordance 
        with the template provided by the Director under section 
        3593(6), to--
                    ``(A) achieve consistency with the requirements of 
                this subchapter and guidance issued by the Director; 
                and
                    ``(B) provide the public information about agency 
                policies and procedures for governing Federal 
                artificial intelligence systems, including the 
                inventory of artificial intelligence use cases required 
                by section 7225(a) of the Advancing American AI Act 
                (subtitle B of title LXXII of Public Law 117-263; 40 
                U.S.C. 11301 note).
            ``(7) Establish procedures for notifying an individual or 
        entity impacted by an agency determination made solely by an 
        output from, or substantively and meaningfully informed, 
        augmented, or assisted by a Federal artificial intelligence 
        system in accordance with guidance issued by the Director under 
        section 3593(4).
            ``(8) Modify the agency appeals process, as necessary and 
        appropriate, to account for determinations made solely by or 
        substantively and meaningfully informed, augmented, or assisted 
        by a Federal artificial intelligence system, and to provide the 
        impacted individual or entity the opportunity for an 
        alternative review independent of the Federal artificial 
        intelligence system, as appropriate, as established by the 
        Director under section 3593(5).
            ``(9) In accordance with guidance issued by the Director 
        under section 3593(7), oversee the establishment of AI 
        governance charters for Federal artificial intelligence 
        systems, including by--
                    ``(A) establishing a process, led by each official 
                identified in section 3594(4) to ensure that each 
                Federal artificial intelligence system has an 
                established AI governance charter that is regularly 
                updated in accordance with the requirements under 
                section 3595 and made publicly available on the webpage 
                under paragraph (6);
                    ``(B) submitting each AI governance charter to the 
                Federal Register not later than 30-days after the 
                initial establishment or termination of the charter, in 
                conformity with guidance from the Director; and
                    ``(C) submitting each AI governance charter to the 
                Administrator for publication in a format established 
                in the Directors guidance in accordance with section 
                3596.
            ``(10) In consultation with the Director, the Director of 
        the Office of Personnel Management, and the Administrator of 
        General Services, conduct regular training programs to educate 
        relevant agency program and management officials, including 
        employees supporting the functions of the Chief Information 
        Officer, the Chief Data Officer, the Evaluation Officer, the 
        senior privacy official, and the statistical official, as 
        appropriate, about the management of Federal artificial 
        intelligence systems and compliance with the requirements of 
        this subchapter, which may be integrated with the training 
        requirements and covered topics established by the Artificial 
        Intelligence Training for the Acquisition Workforce Act (Public 
        Law 117-207; 41 U.S.C. 1703 note).
``Sec. 3595. Agency AI Governance Charters
    ``(a) In General.--In accordance with the guidance established 
under section 3593(7), the head of each agency shall ensure that an 
accurate and complete AI governance charter is established for each 
Federal artificial intelligence system in use by the agency that is 
designated as a high-risk Federal artificial intelligence system or was 
trained on, uses, or produces a record maintained on an individual (as 
defined under section 552a(a) of title 5).
    ``(b) Contents of Charters.--An AI governance charter for a Federal 
artificial intelligence system shall, at a minimum, include the 
following:
            ``(1) The name and an identifying summary of the Federal 
        artificial intelligence system, including the following:
                    ``(A) A descriptive summary of each purpose and 
                relevant use case of the system, as may be documented 
                on the inventory established under section 7225 of the 
                Advancing American AI Act (subtitle B of title LXXII of 
                Public Law 117-263; 40 U.S.C. 11301 note).
                    ``(B) The bureau, department, or office using or 
                operating the system, and to the extent practicable, 
                each program designated on the website required under 
                section 1122(a)(2) of title 31 associated with use of 
                the system.
                    ``(C) The name and direct contact information for a 
                designated agency official responsible for the overall 
                outputs of the system.
                    ``(D) The name and direct contact information for a 
                designated agency official responsible for the ongoing 
                maintenance of the system which may be the same 
                official designated under subparagraph (C).
            ``(2) Information about how the Federal artificial 
        intelligence system was developed and funded, including the 
        following:
                    ``(A) Other individuals or entities that have 
                developed, maintained, managed, and operated the 
                system.
                    ``(B) Information about any relevant Federal award 
                including any associated contract, grant, cooperative 
                agreement, or other transaction agreement.
            ``(3) Information about the training, validation, and 
        testing of the Federal artificial intelligence system, 
        including the following:
                    ``(A) A description of the type of data or data 
                assets used in the training, validation, and testing of 
                the Federal artificial intelligence system or, if such 
                information is not available, a statement describing 
                why such information is not available.
                    ``(B) A designation of whether any of the data or 
                data assets used in training, validating, or testing 
                the Federal artificial intelligence system are 
                classified as an open Government data asset or a public 
                data asset or a designated system of record described 
                under paragraph (7).
                    ``(C) Information on how to access any open 
                Government data asset or public data asset identified 
                under subparagraph (B).
                    ``(D) A listing of audits, testing, or other risk 
                assessments of the Federal artificial intelligence 
                system, including contact information of the individual 
                or entity that conducted such assessments.
            ``(4) Information about ongoing oversight and maintenance 
        of the Federal artificial intelligence system, including a 
        description of the ongoing testing, monitoring, or auditing of 
        the Federal artificial intelligence system, including 
        information about the cadence of testing, as appropriate, and 
        the entity responsible for such testing.
            ``(5) Information about how the system is used by the 
        agency, including--
                    ``(A) the date the agency began using the system 
                and the intended life span of use, if appropriate; and
                    ``(B) whether any agency determinations have been 
                or are intended to be based solely on an output from, 
                or informed, augmented, or assisted by the Federal 
                artificial intelligence system, and--
                            ``(i) a summary of how the Federal 
                        artificial intelligence system or the data or 
                        data assets produced by the Federal artificial 
                        intelligence system is used to inform, augment, 
                        or assist in making these determinations;
                            ``(ii) information about other agencies or 
                        federally funded entities that use or rely on 
                        these determinations; and
                            ``(iii) a description of any associated 
                        notice or modified appeal process as required 
                        under section 3593(4) and 3593(5).
            ``(6) Information about data or data assets produced by the 
        Federal artificial intelligence system, including a description 
        of the data or data assets produced, altered, or augmented by 
        the system, including--
                    ``(A) a designation of whether any of the data or 
                data assets are classified as an open Government data 
                asset or a public data asset or are included in a 
                designated system of record described under paragraph 
                (7);
                    ``(B) information on how to access any such open 
                Government data asset or public data asset identified 
                under subparagraph (A); and
                    ``(C) information about any other agency or 
                federally funded entity known to use or otherwise rely 
                upon the data or data assets identified under this 
                paragraph.
            ``(7) Information on whether the system was trained on, 
        uses, or produces a record maintained on an individual (as 
        defined under section 552a(a) of title 5), including--
                    ``(A) a listing of any designated system of record 
                including a reference to any associated notice in the 
                Federal Register for the establishment or revision of 
                such system of record, as required under section 
                552a(d) of title 5; or
                    ``(B) a description of any system of record that 
                has been exempted under subsection (j) or (k) of 
                section 552a of title 5, including the statement 
                required under section 553(c) of title 5 that documents 
                the reasons why the system of records is exempted.
    ``(c) Regular Updates Required.--The head of each agency shall 
establish procedures to ensure that each AI governance charter for the 
agency is updated to capture any significant change to the Federal 
artificial intelligence system, consistent with guidance established in 
section 3593(7) and not less than 30 days after such change has been 
implemented.
    ``(d) Requirement for Publication.--An AI governance charter 
required under subsection (a) shall be made public on the agency 
webpage noticed in the Federal Register, and published on the Federal 
AI System Inventory established under section 3596, in accordance with 
procedures established by the agency under section 3594(9) in 
conformity with guidance issued by the Director under section 3593(7) 
before a Federal artificial intelligence system is used by an agency, 
except that--
            ``(1) the head of an agency may, with advance approval of 
        the Director and notification to the appropriate congressional 
        committees, including the relevant authorizing committee in the 
        House of Representatives and the Senate, and the relevant 
        agency Inspector General, waive the publication requirement 
        under this subsection; or
            ``(2) in order to protect properly classified national 
        security information, a charter may be submitted to the 
        Director, appropriate congressional committees, including the 
        relevant authorizing committee in the House of Representatives 
        and the Senate, and the relevant agency Inspector General in 
        lieu of the publication requirement of this subsection.
    ``(e) Exemptions.--A Federal artificial intelligence system is 
exempt from the requirements of this section if the system is used--
            ``(1) solely for the purpose of research or development, 
        except that the purposes described and guidance promulgated 
        under this subchapter should inform any such research, 
        development, testing, or evaluation directed at future 
        applications of Federal artificial intelligence systems; or
            ``(2) in a national security system, in whole or in part, 
        if the agency maintains a complete and regularly updated 
        nonpublic version of each AI governance charter in accordance 
        with subsections (a) and (b) and the guidance required by 
        section 3593(7).
``Sec. 3596. AI Governance Charter Inventory
    ``The Administrator of General Services shall maintain a single, 
public online interface for centrally cataloging agency AI governance 
charters which shall be known as the `Federal AI System Inventory'. The 
Administrator and the Director shall--
            ``(1) ensure that each agency, as appropriate, submits AI 
        governance charters for publication on the interface, in a 
        publicly accessible machine-readable and open format to 
        facilitate searchability and bulk download of the inventory; 
        and
            ``(2) provide a clear process and mechanism for each agency 
        to make timely revisions and updates.
``Sec. 3597. Independent evaluation
    ``(a) In General.--Not later than 2 years after the date of the 
enactment of this subchapter, and every 2 years thereafter, the 
Inspector General appointed under chapter 4 of title 5 for each agency 
shall perform an independent evaluation of the Federal artificial 
intelligence governance policies and practices of the agency and submit 
to the head of the agency, the Director, and the appropriate 
congressional committees, a report which may include a classified 
annex. The report shall include at a minimum--
            ``(1) an assessment of the comprehensive compliance of the 
        agency with the requirement under section 3595 for each Federal 
        artificial intelligence system in use or maintained by an 
        agency to have an established, and appropriately noticed, AI 
        governance charter, including timely revisions to reflect 
        significant changes and appropriate use of the exemptions 
        described under section 3595(e); and
            ``(2) an assessment of compliance by the agency with 
        artificial intelligence governance policies and practices with 
        the requirements of this subchapter.
    ``(b) Comptroller General.--The Comptroller General shall 
periodically evaluate and submit to Congress a report on the--
            ``(1) effectiveness of agency Federal artificial 
        intelligence system governance policies and practices;
            ``(2) implementation of the requirements of this subchapter 
        by the Director, Administrator, and agencies; and
            ``(3) extent to which the requirements of this subchapter 
        and related implementing guidance and policies reflect 
        technology advancements and provide any legislative 
        recommendations as appropriate.''.
            (2) Table of sections.--The table of sections for chapter 
        35 of title 44, United States Code, is amended by adding at the 
        end the following:

       ``subchapter iv--artificial intelligence system governance

``3591. Purposes.
``3592. Definitions.
``3593. Authority and functions of the Director.
``3594. Federal agency responsibilities.
``3595. Agency AI Governance Charters.
``3596. AI Governance Charter Inventory.
``3597. Independent evaluation.''.
    (b) OMB Guidance.--Not later than 1 year after the date of the 
enactment of this Act, the Director of the Office of Management and 
Budget, in consultation with the Director of the National Institute of 
Standards and Technology, the Administrator of General Services, the 
Director of the Office of Science and Technology Policy, and the head 
of any other relevant agency as determined by the Director of the 
Office of Management and Budget, shall issue a memorandum to the head 
of each agency establishing guidance that implements the requirements 
of subchapter IV of title 35 of title 44, as added by this section, 
that--
            (1) does not conflict with the requirements of and uses the 
        working group established under section 7224(d) of the 
        Advancing American AI Act (Public Law 117-263; 40 U.S.C. 11301 
        note); and
            (2) shall be reviewed and updated, as necessary, every 2 
        years for the next 10 years after the first such issuance and 
        periodically thereafter.
    (c) Requirement to List AI Governance Charters in Agency System of 
Records Notice Under the Privacy Act.--Section 552a(e) of title 5, 
United States Code, is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (H), by striking ``and'' at the 
                end;
                    (B) in subparagraph (I), by striking the semicolon 
                and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(J) a reference to any agency AI governance 
                charter required under section 3595 of title 44 that is 
                associated with a Federal artificial intelligence 
                system which was trained on, uses, or produces records 
                contained within the system of record;'';
            (2) by redesignating paragraphs (11) and (12) as paragraphs 
        (12) and (13), respectively; and
            (3) by inserting after paragraph (10) the following new 
        paragraph:
            ``(11) establish appropriate policies and procedures, in 
        accordance with the requirements of subchapter IV of chapter 35 
        of title 44 to ensure the security, confidentiality, and 
        integrity of records that a Federal artificial intelligence 
        system uses, produces, or modifies;''.
    (d) Technical and Conforming Repeals.--The following are repealed:
            (1) Subsections (a) and (d) of section 7224 of the 
        Advancing American AI Act (subtitle B of title LXXII of Public 
        Law 117-263; 40 U.S.C. 11301 note).
            (2) Section 104 of the AI in Government Act of 2020 (Public 
        Law 116-260; 40 U.S.C. 11301 note).
    (e) Contracting Regulations.--Not later than 6 months after the 
date on which the first guidance is established pursuant to subsection 
(b), the Federal Acquisition Regulation shall be revised to--
            (1) implement the amendments made by this section; and
            (2) require that any contractor or subcontractor (at any 
        tier) with the Federal Government that builds, provides, 
        operates, or maintains (pursuant to a contract entered into on 
        or after such date of enactment) Federal artificial 
        intelligence systems is required to provide the information 
        that the agency is required to report in accordance with the 
        guidance issued pursuant to section 3593(5) of title 44, United 
        States Code, as added by subsection (a), and any agency 
        requirement under section 3595(a) of such title.
    (f) Rules of Construction.--
            (1) Agency actions.--Nothing in this Act, or an amendment 
        made by this Act, shall be construed to authorize the head of 
        an agency to take an action that is not authorized by this Act, 
        an amendment made by this Act, or other law.
            (2) Protection of rights.--Nothing in this Act, or an 
        amendment made by this Act, shall be construed to permit the 
        violation of the rights of any individual protected by the 
        Constitution of the United States, including through censorship 
        of speech protected by the Constitution of the United States or 
        unauthorized surveillance.
            (3) Protection of privacy.--Nothing in this Act, or any 
        amendment made by this Act, shall be construed to impinge on 
        the privacy rights of individuals or allow unauthorized access, 
        sharing, or use of personal data.
            (4) Protection of information.--Nothing in this Act, or any 
        amendment made by this Act, shall be construed to require, or 
        otherwise compel, the public disclosure of information that 
        could be withheld under section 552(b) of title 5, United 
        States Code.
    (g) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 3502 of title 44, United States Code.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget, unless otherwise 
        indicated.
                                                 Union Calendar No. 740

118th CONGRESS

  2d Session

                               H. R. 7532

                          [Report No. 118-905]

_______________________________________________________________________

                                 A BILL

   To amend chapter 35 of title 44, United States Code, to establish 
   Federal AI system governance requirements, and for other purposes.

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                           December 18, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
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