I 

118TH CONGRESS 

2D SESSION H. R. 7532 

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 

A BILL 

To amend chapter 35 of title 44, United States Code, to 

establish Federal AI system governance requirements, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal AI Governance 

5 and Transparency Act’’. 

6 SEC. 2. ESTABLISHMENT OF FEDERAL AGENCY ARTIFICIAL 

7 INTELLIGENCE SYSTEM GOVERNANCE RE8 QUIREMENTS. 

9 (a) FEDERAL AI SYSTEM GOVERNANCE.— 


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1 (1) AMENDMENT.—Chapter 35 of title 44, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘SUBCHAPTER IV—ARTIFICIAL INTELLIGENCE 

5 SYSTEM GOVERNANCE 

6 ‘‘§ 3591. Purposes 

7 ‘‘The purposes of this subchapter, with respect to the 

8 design, development, acquisition, use, management, and 

9 oversight of artificial intelligence in the Federal Govern10 ment, are to ensure the following: 

11 ‘‘(1) Actions that are consistent with the Con12 stitution and any other applicable law and policy, in13 cluding those addressing freedom of speech, privacy, 

14 civil rights, civil liberties, and an open and trans15 parent Government. 

16 ‘‘(2) Any such action is purposeful and per17 formance-driven, including ensuring the following: 

18 ‘‘(A) Such action promotes the consistent 

19 and systemic treatment of all individuals in a 

20 fair, just, and impartial manner. 

21 ‘‘(B) The public benefits of such action 

22 significantly outweigh the risks. 

23 ‘‘(C) The risks and operations of such ac24 tion do not unfairly and disproportionately benVerDate Sep 11 2014 01:39 Mar 06, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7532.IH H7532

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1 efit or harm an individual or subgroup of the 

2 public. 

3 ‘‘(D) The risk of such action is assessed 

4 and responsibly managed, including before the 

5 use of artificial intelligence. 

6 ‘‘(3) Any application of artificial intelligence is 

7 consistent with the use cases for which the artificial 

8 intelligence was trained, and the deployers of such 

9 application promote verifiably accurate, ethical, reli10 able, and effective use. 

11 ‘‘(4) The safety, security, and resiliency of arti12 ficial intelligence applications, including resilience 

13 when confronted with any systematic vulnerability, 

14 adversarial manipulation, and other malicious exploi15 tation. 

16 ‘‘(5) The purpose, operations, risks, and out17 comes of artificial intelligence applications are suffi18 ciently explainable and understandable, to the extent 

19 practicable, by subject matter experts, users, im20 pacted parties, and others, as appropriate. 

21 ‘‘(6) Such action is responsible and accountable, 

22 including by ensuring the following: 

23 ‘‘(A) Human roles and responsibilities are 

24 clearly defined, understood, and appropriately 

25 assigned. 


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1 ‘‘(B) Artificial intelligence is used in a 

2 manner consistent with the purposes described 

3 in this section and the purposes for which each 

4 use of artificial intelligence is intended. 

5 ‘‘(C) Such action, as well as relevant in6 puts and outputs of artificial intelligence appli7 cations, are well documented and accountable. 

8 ‘‘(7) Responsible management and oversight by 

9 ensuring the following: 

10 ‘‘(A) Artificial intelligence applications are 

11 regularly tested against the purposes described 

12 in this section. 

13 ‘‘(B) Mechanisms are maintained to super14 sede, disengage, or deactivate applications of 

15 artificial intelligence that demonstrate perform16 ance or outcomes that are inconsistent with the 

17 intended use or this subchapter. 

18 ‘‘(C) Engagement with impacted commu19 nities. 

20 ‘‘(8) Transparency in publicly disclosing rel21 evant information regarding the use of artificial in22 telligence to appropriate stakeholders, to the extent 

23 practicable and in accordance with any applicable 

24 law and policy, including with respect to the protec25 tion of privacy, civil liberties, and of sensitive law 


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1 enforcement, national security, trade secrets or pro2 prietary information, and other protected informa3 tion. 

4 ‘‘(9) Accountability for the following: 

5 ‘‘(A) Implementing and enforcing appro6 priate safeguards necessary to comply with the 

7 purposes described in this section and the re8 quirements of this subchapter, for the proper 

9 use and functioning of the applications of artifi10 cial intelligence. 

11 ‘‘(B) Monitoring, auditing, and docu12 menting compliance with those safeguards, as 

13 appropriate. 

14 ‘‘(C) Providing appropriate training to all 

15 agency personnel responsible for the design, de16 velopment, acquisition, use, management, and 

17 oversight of artificial intelligence. 

18 ‘‘§ 3592. Definitions 

19 ‘‘In this subchapter: 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the definitions under sections 3502 shall 

22 apply to this subchapter. 

23 ‘‘(2) ADDITIONAL DEFINITIONS.—In this sub24 chapter: 


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1 ‘‘(A) ADMINISTRATOR.—The term ‘Admin2 istrator’ means the Administrator of General 

3 Services. 

4 ‘‘(B) APPROPRIATE CONGRESSIONAL COM5 MITTEES.—The term ‘appropriate congressional 

6 committees’ means the Committee on Oversight 

7 and Accountability of the House of Representa8 tives and the Committee on Homeland Security 

9 and Governmental Affairs of the Senate. 

10 ‘‘(C) ARTIFICIAL INTELLIGENCE.—The 

11 term ‘artificial intelligence’ has the meaning 

12 given the term in section 238(g) of the John S. 

13 McCain National Defense Authorization Act for 

14 Fiscal Year 2019 (Public Law 115–232; 10 

15 U.S.C. note prec. 4061). 

16 ‘‘(D) ARTIFICIAL INTELLIGENCE SYS17 TEM.—The term ‘artificial intelligence system’ 

18 means any data system, software, application, 

19 tool, or utility that operates in whole or in part 

20 using dynamic or static machine learning algo21 rithms or other forms of artificial intelligence, 

22 whether— 

23 ‘‘(i) the data system, software, appli24 cation, tool, or utility is established pri25 marily for the purpose of researching, deVerDate Sep 11 2014 01:39 Mar 06, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7532.IH H7532

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1 veloping, or implementing artificial intel2 ligence technology; or 

3 ‘‘(ii) artificial intelligence capability is 

4 integrated into another system or business 

5 process, operational activity, or technology 

6 system. 

7 ‘‘(E) FEDERAL ARTIFICIAL INTELLIGENCE

8 SYSTEM.—The term ‘Federal artificial intel9 ligence system’ means an artificial intelligence 

10 system used in connection with a Federal infor11 mation system. 

12 ‘‘(F) FEDERAL INFORMATION SYSTEM.— 

13 The term ‘Federal information system’ has the 

14 meaning given the term in section 11331 of 

15 title 40. 

16 ‘‘(G) NATIONAL SECURITY SYSTEM.—The 

17 term ‘national security system’ has the meaning 

18 given that term in section 3552(b) of title 44. 

19 ‘‘§ 3593. Authority and functions of the Director 

20 ‘‘The Director shall oversee the design, development, 

21 acquisition, use, management, and oversight of Federal 

22 artificial intelligence systems by agencies to implement the 

23 purposes described in section 3591. In performing such 

24 oversight, the Director shall do the following: 


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1 ‘‘(1) Develop, coordinate, and oversee the imple2 mentation of policies, purposes, standards, and 

3 guidelines to ensure appropriate use of Federal arti4 ficial intelligence systems and the protection of civil 

5 rights, civil liberties, and privacy, including in con6 formity with section 552a of title 5 and other appli7 cable laws, as well as the integrity of Federal infor8 mation systems and information technology in ac9 cordance with the other requirements of this chap10 ter. 

11 ‘‘(2) Oversee agency compliance with the re12 quirements of this subchapter, including through 

13 any authorized enforcement action under section 

14 11303(b)(5) of title 40 to ensure agency account15 ability and compliance. 

16 ‘‘(3) Issue and update, as necessary, guidance 

17 to agencies to take steps to advance the governance 

18 of Federal artificial intelligence systems, manage 

19 risk, and remove relevant barriers to innovation, 

20 which shall be consistent with the requirements of 

21 this subchapter and, as appropriate the standards 

22 promulgated under section 22A of the National In23 stitute of Standards and Technology Act (15 U.S.C. 

24 278h–1) pursuant to section 5302 of the William M. 

25 (Mac) Thornberry National Defense Authorization 


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1 Act for Fiscal Year 2021 (15 U.S.C. 9441). The 

2 guidance shall address the following: 

3 ‘‘(A) The development of policies regarding 

4 Federal acquisition, procurement, and use by 

5 agencies regarding artificial intelligence, includ6 ing an identification of the responsibilities of 

7 agency officials managing the use of such tech8 nology. 

9 ‘‘(B) The ownership and protection of data 

10 and other information created, used, processed, 

11 stored, maintained, disseminated, disclosed, or 

12 disposed of by a contractor or subcontractor (at 

13 any tier) on behalf of the Federal Government. 

14 ‘‘(C) The protection of training data, algo15 rithms, and other components of any Federal 

16 artificial intelligence system against misuse, un17 authorized alteration, degradation, or being ren18 dered inoperable. 

19 ‘‘(D) The removal of barriers to respon20 sible agency use of artificial intelligence, such 

21 as information technology, data, workforce, and 

22 budgetary barriers, in order to promote the in23 novative application of those technologies while 

24 protecting privacy, civil liberties, civil rights, 

25 and economic and national security. 


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1 ‘‘(E) The establishment of best practices 

2 for identifying, assessing, and mitigating any 

3 discrimination in violation of title VI of the 

4 Civil Rights Act of 1964 (42. U.S.C. 2000d et 

5 seq.), or any unintended consequence of the use 

6 of artificial intelligence, including policies to— 

7 ‘‘(i) identify data used to train artifi8 cial intelligence; 

9 ‘‘(ii) identify data analyzed or in10 gested by Federal artificial intelligence sys11 tems used by the agencies; and 

12 ‘‘(iii) require periodic evaluation of 

13 Federal artificial intelligence systems, as 

14 appropriate. 

15 ‘‘(4) Issue guidance for agencies to establish a 

16 plain language notification process, as necessary and 

17 appropriate and in conformity with applicable law, 

18 including section 552a of title 5, for individuals, or 

19 entities impacted by an agency determination that 

20 has been based solely on an output from, or sub21 stantively and meaningfully informed, augmented, or 

22 assisted by a Federal artificial intelligence system, 

23 including the contents of any notice, including exam24 ples of what the notice may look like in practice. 


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1 ‘‘(5) Issue guidance for agencies to review their 

2 appeals process and to make modifications, as nec3 essary and appropriate, to account for determina4 tions made solely by or substantively and meaning5 fully informed, augmented, or assisted by a Federal 

6 artificial intelligence system, including guidance on 

7 how an agency provides the impacted individual or 

8 entity the opportunity for an alternative review inde9 pendent of the Federal artificial intelligence system, 

10 as appropriate. 

11 ‘‘(6) Provide guidance and a template for the 

12 required contents of the agency plans described in 

13 section 3594(6) that uses a uniform resource locator 

14 that is in a consistent format across agencies such 

15 as the format ‘agencyname.gov/AI’. 

16 ‘‘(7) Issue guidance, including a uniform re17 quired submission format and criteria for updating 

18 entries after significant changes, for the establish19 ment of agency AI governance charters under sec20 tion 3595, including defining high-risk Federal arti21 ficial intelligence systems, and publication under sec22 tion 3596. 

23 ‘‘§ 3594. Federal agency responsibilities 

24 ‘‘The head of each agency shall do the following: 


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1 ‘‘(1) Comply with the requirements of this sub2 chapter and related policies, purposes, standards, 

3 and guidelines, including those under section 552a 

4 of title 5 and in guidance issued by the Director 

5 under section 3593. 

6 ‘‘(2) Ensure that Federal artificial intelligence 

7 system management processes are integrated with 

8 agency strategic, operational, data, workforce plan9 ning, and budgetary planning processes, and other 

10 requirements under this chapter. 

11 ‘‘(3) Ensure that senior agency officials, includ12 ing the Chief Information Officer, the Chief Data 

13 Officer, and the senior agency official for privacy, 

14 implement policies and procedures regarding Federal 

15 artificial intelligence systems under the control of 

16 such officers, assess and reduce any risks to such 

17 systems to an acceptable level, and periodically as18 sess and validate management procedures and con19 trols to ensure effective implementation of this sub20 chapter. 

21 ‘‘(4) Delegate to the agency Chief Information 

22 Officer established under section 3506 (or com23 parable official in an agency not covered by such 

24 section) the primary authority and accountability to 

25 ensure compliance with the agency requirements 


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1 under this subchapter in coordination with any other 

2 appropriate senior agency official designated by the 

3 head of the agency. 

4 ‘‘(5) Ensure that contracts for the acquisition 

5 and procurement of a Federal artificial intelligence 

6 system are consistent with the requirements of this 

7 subchapter and any guidance issued by the Director 

8 under section 3593(3). 

9 ‘‘(6) Maintain a plan, posted on a publicly 

10 available and centralized webpage of the agency and 

11 prepared in accordance with the template provided 

12 by the Director under section 3593(6), to— 

13 ‘‘(A) achieve consistency with the require14 ments of this subchapter and guidance issued 

15 by the Director; and 

16 ‘‘(B) provide the public information about 

17 agency policies and procedures for governing 

18 Federal artificial intelligence systems, including 

19 the inventory of artificial intelligence use cases 

20 required by section 7225(a) of the Advancing 

21 American AI Act (subtitle B of title LXXII of 

22 Public Law 117–263; 40 U.S.C. 11301 note). 

23 ‘‘(7) Establish procedures for notifying an indi24 vidual or entity impacted by an agency determina25 tion made solely by an output from, or substantively 


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1 and meaningfully informed, augmented, or assisted 

2 by a Federal artificial intelligence system in accord3 ance with guidance issued by the Director under sec4 tion 3593(4). 

5 ‘‘(8) Modify the agency appeals process, as nec6 essary and appropriate, to account for determina7 tions made solely by or substantively and meaning8 fully informed, augmented, or assisted by a Federal 

9 artificial intelligence system, and to provide the im10 pacted individual, group, or entity the opportunity 

11 for an alternative review independent of the Federal 

12 artificial intelligence system, as appropriate, as es13 tablished by the Director under section 3593(5). 

14 ‘‘(9) In accordance with guidance issued by the 

15 Director under section 3593(7), oversee the estab16 lishment of AI governance charters for Federal arti17 ficial intelligence systems, including by— 

18 ‘‘(A) establishing a process, led by the offi19 cial or officials identified in section 3594(4) to 

20 ensure that each Federal artificial intelligence 

21 system has an established AI governance char22 ter that is regularly updated in accordance with 

23 the requirements under section 3595 and made 

24 publicly available on the webpage under para25 graph (6); 


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1 ‘‘(B) submitting each AI governance char2 ter to the Federal Register not later than 30- 

3 days after the initial establishment or termi4 nation of the charter, in conformity with guid5 ance from the Director; and 

6 ‘‘(C) submitting each AI governance char7 ter to the Administrator for publication in a 

8 format established in the Directors guidance in 

9 accordance with section 3596. 

10 ‘‘(10) In consultation with the Director, the Di11 rector of the Office of Personnel Management, and 

12 the Administrator of the General Services Adminis13 tration, conduct regular training programs to edu14 cate relevant agency program and management offi15 cials, including employees supporting the functions 

16 of the Chief Information Officer, the Chief Data Of17 ficer, the Evaluation Officer, the senior privacy offi18 cial, and the statistical official, as appropriate, about 

19 the management of Federal artificial intelligence 

20 systems and compliance with the requirements of 

21 this subchapter, which may be integrated with the 

22 training requirements and covered topics established 

23 by the Artificial Intelligence Training for the Acqui24 sition Workforce Act (Public Law 117–207; 41 

25 U.S.C. 1703 note). 


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1 ‘‘§ 3595. Agency AI Governance Charters 

2 ‘‘(a) IN GENERAL.—In accordance with the guidance 

3 established under section 3593(7), the head of each agen4 cy shall ensure that an accurate and complete AI govern5 ance charter is established for each Federal artificial intel6 ligence system in use by the agency that is designated as 

7 a high-risk Federal artificial intelligence system or was 

8 trained on, uses, or produces a record maintained on an 

9 individual (as defined under section 552a(a) of title 5). 

10 ‘‘(b) CONTENTS OF CHARTERS.—An AI governance 

11 charter for a Federal artificial intelligence system shall, 

12 at a minimum, include the following: 

13 ‘‘(1) The name and an identifying summary of 

14 the Federal artificial intelligence system, including 

15 the following: 

16 ‘‘(A) A descriptive summary of the purpose 

17 or purposes and relevant use case or use cases 

18 of the system, as may be documented on the in19 ventory established under section 7225 of the 

20 Advancing American AI Act (subtitle B of title 

21 LXXII of Public Law 117–263; 40 U.S.C. 

22 11301 note). 

23 ‘‘(B) The bureau, department, or office 

24 using or operating the system, and to the extent 

25 practicable, the program or programs des26 ignated on the website required under section 


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1 1122(a)(2) of title 31 associated with use of the 

2 system. 

3 ‘‘(C) The name and direct contact informa4 tion for a designated agency official responsible 

5 for the system’s overall outputs. 

6 ‘‘(D) The name and direct contact infor7 mation for a designated agency official respon8 sible for the ongoing maintenance of the system 

9 which may be the same official designated 

10 under subparagraph (C). 

11 ‘‘(2) Information about how the Federal artifi12 cial intelligence system was developed and funded, 

13 including the following: 

14 ‘‘(A) Other individuals or entities that 

15 have developed, maintained, managed, and op16 erated the system. 

17 ‘‘(B) Information about any relevant Fed18 eral award including any associated contract, 

19 grant, cooperative agreement, or other trans20 action agreement. 

21 ‘‘(3) Information about the training, validation, 

22 and testing of the Federal artificial intelligence sys23 tem, including the following: 

24 ‘‘(A) A description of the type of data or 

25 data assets used in the training, validation, and 


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1 testing of the Federal artificial intelligence sys2 tem or, if such information is not available, a 

3 statement describing why such information is 

4 not available. 

5 ‘‘(B) A designation of whether any of the 

6 data or data assets used in training, validating, 

7 or testing the Federal artificial intelligence sys8 tem are classified as an open Government data 

9 asset or a public data asset or a designated sys10 tem of record described under paragraph (7). 

11 ‘‘(C) Information on how to access any 

12 open Government data asset or public data 

13 asset identified under subparagraph (B). 

14 ‘‘(D) A listing of audits, testing, or other 

15 risk assessments of the Federal artificial intel16 ligence system, including contact information of 

17 the individual or entity that conducted such as18 sessments. 

19 ‘‘(4) Information about ongoing oversight and 

20 maintenance of the Federal artificial intelligence sys21 tem, including a description of the ongoing testing, 

22 monitoring, or auditing of the Federal artificial in23 telligence system, including information about the 

24 cadence of testing, as appropriate, and the entity re25 sponsible for such testing. 


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1 ‘‘(5) Information about how the system is used 

2 by the agency, including— 

3 ‘‘(A) the date the agency began using the 

4 system and the intended life span of use, if ap5 propriate; and 

6 ‘‘(B) whether any agency determinations 

7 have been or are intended to be based solely on 

8 an output from, or informed, augmented, or as9 sisted by the Federal artificial intelligence sys10 tem, and— 

11 ‘‘(i) a summary of how the Federal 

12 artificial intelligence system or the data or 

13 data assets produced by the Federal artifi14 cial intelligence system is used to inform, 

15 augment, or assist in making these deter16 minations; 

17 ‘‘(ii) information about other agencies 

18 or federally funded entities that use or rely 

19 on these determinations; and 

20 ‘‘(iii) a description of any associated 

21 notice or modified appeal process as re22 quired under sections 3593(4) and 

23 3593(5). 

24 ‘‘(6) Information about data or data assets pro25 duced by the Federal artificial intelligence system, 


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1 including a description of the data or data assets 

2 produced, altered, or augmented by the system, in3 cluding— 

4 ‘‘(A) a designation of whether any of the 

5 data or data assets are classified as an open 

6 Government data asset or a public data asset or 

7 are included in a designated system of record 

8 described under paragraph (7); 

9 ‘‘(B) information on how to access any 

10 such open Government data asset or public data 

11 asset identified under subparagraph (A); and 

12 ‘‘(C) information about any other agency 

13 or federally funded entity known to use or oth14 erwise rely upon the data or data assets identi15 fied under this paragraph. 

16 ‘‘(7) Information on whether the system was 

17 trained on, uses, or produces a record maintained on 

18 an individual (as defined under section 552a(a) of 

19 title 5), including— 

20 ‘‘(A) a listing of any designated system of 

21 record including a reference to any associated 

22 notice in the Federal Register for the establish23 ment or revision of such system of record, as 

24 required under section 552a(d) of title 5; or 


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1 ‘‘(B) a description of any system of record 

2 that has been exempted under subsection (j) or 

3 (k) of section 552a of title 5, including the 

4 statement required under section 553(c) of title 

5 5 that documents the reasons why the system 

6 of records is exempted. 

7 ‘‘(c) REGULAR UPDATES REQUIRED.—The head of 

8 each agency shall establish procedures to ensure that each 

9 AI governance charter for the agency is updated to cap10 ture any significant change to the Federal artificial intel11 ligence system, consistent with guidance established in 

12 section 3593(7) and not less than 30 days after such 

13 change has been implemented. 

14 ‘‘(d) REQUIREMENT FOR PUBLICATION.—An AI gov15 ernance charter required under subsection (a) shall be 

16 made public on the agency webpage noticed in the Federal 

17 Register, and published on the Federal AI System Inven18 tory established under section 3596, in accordance with 

19 procedures established by the agency under section 

20 3594(9) in conformity with guidance issued by the Direc21 tor under section 3593(7) before a Federal artificial intel22 ligence system is used by an agency, except that— 

23 ‘‘(1) the head of an agency may, with advance 

24 approval of the Director and notification to the ap25 propriate congressional committees, including the 


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1 relevant authorizing committee in the House of Rep2 resentatives and the Senate, and the relevant agency 

3 Inspector General, waive the publication requirement 

4 under this subsection; or 

5 ‘‘(2) in order to protect properly classified na6 tional security information, a charter may be sub7 mitted to the Director, appropriate congressional 

8 committees, including the relevant authorizing com9 mittee in the House of Representatives and the Sen10 ate, and the relevant agency Inspector General in 

11 lieu of the publication requirement of this sub12 section. 

13 ‘‘(e) EXEMPTIONS.—A Federal artificial intelligence 

14 system is exempt from the requirements of this section 

15 if the system is used— 

16 ‘‘(1) solely for the purpose of research or devel17 opment, except that the purposes described and 

18 guidance promulgated under this subchapter should 

19 inform any such research, development, testing, or 

20 evaluation directed at future applications of Federal 

21 artificial intelligence systems; or 

22 ‘‘(2) in a national security system (as defined 

23 in this subchapter), in whole or in part, if the agen24 cy maintains a complete and regularly updated non25 public version of each AI governance charter in acVerDate Sep 11 2014 02:45 Mar 06, 2024 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H7532.IH H7532

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1 cordance with subsections (a) and (b) and the guid2 ance required by section 3593(5). 

3 ‘‘§ 3596. IA Governance Charter Inventory 

4 ‘‘The Administrator of General Services shall main5 tain a single, public online interface for centrally cata6 loging agency AI governance charters which shall be 

7 known as the ‘Federal AI System Inventory’. The Admin8 istrator and the Director shall— 

9 ‘‘(1) ensure that each agency, as appropriate, 

10 submits AI governance charters for publication on 

11 the interface, in a publicly accessible machine-read12 able and open format to facilitate searchability and 

13 bulk download of the inventory; and 

14 ‘‘(2) provide a clear process and mechanism for 

15 each agency to make timely revisions and updates. 

16 ‘‘§ 3597. Independent evaluation 

17 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

18 date of the enactment of this subchapter, and every 2 

19 years thereafter, the Inspector General appointed under 

20 chapter 4 of title 5 for each agency shall perform an inde21 pendent evaluation of the Federal artificial intelligence 

22 governance policies and practices of the agency and submit 

23 to the head of the agency, the Director, and the appro24 priate congressional committees, a report which may inVerDate Sep 11 2014 02:45 Mar 06, 2024 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H7532.IH H7532

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1 clude a classified annex. The report shall include at a min2 imum— 

3 ‘‘(1) an assessment of the comprehensive com4 pliance of the agency with the requirement under 

5 section 3595 for each Federal artificial intelligence 

6 system in use or maintained by an agency to have 

7 an established, and appropriately noticed, AI govern8 ance charter, including timely revisions to reflect sig9 nificant changes and appropriate use of the exemp10 tions described under section 3595(e); and 

11 ‘‘(2) an assessment of compliance by the agency 

12 with artificial intelligence governance policies and 

13 practices with the requirements of this subchapter. 

14 ‘‘(b) COMPTROLLER GENERAL.—The Comptroller 

15 General shall periodically evaluate and submit to Congress 

16 a report on the— 

17 ‘‘(1) effectiveness of agency Federal artificial 

18 intelligence system governance policies and practices; 

19 ‘‘(2) implementation of the requirements of this 

20 subchapter by the Director, Administrator, and 

21 agencies; and 

22 ‘‘(3) extent to which the requirements of this 

23 subchapter and related implementing guidance and 

24 policies reflect technology advancements and provide 

25 any legislative recommendations as appropriate.’’. 


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1 (2) TABLE OF SECTIONS.—The table of sections 

2 for chapter 35 of title 44, United States Code, is 

3 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. Federal AI System Inventory. 

‘‘3597. Independent evaluation.’’. 

4 (b) OMB GUIDANCE.—Not later than 1 year after 

5 the date of the enactment of this Act, the Director of the 

6 Office of Management and Budget, in consultation with 

7 the Director of the National Institute of Standards and 

8 Technology, the Administrator of General Services, the 

9 Director of the Office of Science and Technology Policy, 

10 and the head of any other relevant agency as determined 

11 by the Director of the Office of Management and Budget, 

12 shall issue a memorandum to the head of each agency es13 tablishing guidance that implements the requirements of 

14 subchapter IV of title 35 of title 44, as added by this sec15 tion, that— 

16 (1) does not conflict with the requirements of 

17 and uses the working group established under sec18 tion 7224(d) of the Advancing American AI Act 

19 (Public Law 117–263; 40 U.S.C. 11301 note); and 


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1 (2) shall be reviewed and updated, as necessary, 

2 every 2 years for the next 10 years after the first 

3 such issuance and periodically thereafter. 

4 (c) REQUIREMENT TO LIST AI GOVERNANCE CHAR5 TERS IN AGENCY SYSTEM OF RECORDS NOTICE UNDER

6 THE PRIVACY ACT.—Section 552a(e) of title 5, United 

7 States Code, is amended— 

8 (1) in paragraph (4), by adding at the end the 

9 following new subparagraph: 

10 ‘‘(J) a reference to any agency AI govern11 ance charter required under section 3595 of 

12 title 44 that is associated with a Federal artifi13 cial intelligence system which was trained on, 

14 uses, or produces records contained within the 

15 system of record;’’; 

16 (2) by redesignating paragraphs (11) and (12) 

17 as paragraphs (12) and (13), respectively; and 

18 (3) by inserting after paragraph (10) the fol19 lowing new paragraph: 

20 ‘‘(11) establish appropriate policies and proce21 dures, in accordance with the requirements of sub22 chapter IV of chapter 35 of title 44 to ensure the 

23 security, confidentiality, and integrity of records that 

24 a Federal artificial intelligence system uses, pro25 duces, or modifies;’’. 


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1 (d) TECHNICAL AND CONFORMING REPEALS.—The 

2 following are repealed: 

3 (1) Subsections (a) and (d) of section 7224 of 

4 the Advancing American AI Act (subtitle B of title 

5 LXXII of Public Law 117–263; 40 U.S.C. 11301 

6 note). 

7 (2) Section 104 of the AI in Government Act 

8 of 2020 (Public Law 116–260; 40 U.S.C. 11301 

9 note). 

10 (e) CONTRACTING REGULATIONS.—Not later than 6 

11 months after the initial issuance of the guidance required 

12 under subsection (b) of this Act, the Federal Acquisition 

13 Regulation shall be revised to— 

14 (1) implement the amendments made by this 

15 section; and 

16 (2) require that any contractor or subcontractor 

17 (at any tier) with the Federal Government that 

18 builds, provides, operates, or maintains (pursuant to 

19 a contract entered into on or after such date of en20 actment) Federal artificial intelligence systems is re21 quired to provide the information that the agency is 

22 required to report in accordance with the guidance 

23 issued pursuant to section 3593(5) of title 44, 

24 United States Code, as added by subsection (a), and 


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•HR 7532 IH

1 any agency requirement under section 3595(a) of 

2 such title. 

3 (f) RULES OF CONSTRUCTION.— 

4 (1) AGENCY ACTIONS.—Nothing in this Act, or 

5 an amendment made by this Act, shall be construed 

6 to authorize the head of an agency to take an action 

7 that is not authorized by this Act, an amendment 

8 made by this Act, or other law. 

9 (2) PROTECTION OF RIGHTS.—Nothing in this 

10 Act, or an amendment made by this Act, shall be 

11 construed to permit the violation of the rights of any 

12 individual protected by the Constitution of the 

13 United States, including through censorship of 

14 speech protected by the Constitution of the United 

15 States or unauthorized surveillance. 

16 (3) PROTECTION OF PRIVACY.—Nothing in this 

17 Act, or any amendment made by this Act, shall be 

18 construed to impinge on the privacy rights of indi19 viduals or allow unauthorized access, sharing, or use 

20 of personal data. 

21 (4) PROTECTION OF INFORMATION.—Nothing 

22 in this Act, or any amendment made by this Act, 

23 shall be construed to require, or otherwise compel, 

24 the public disclosure of information that could be 


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1 withheld under section 552(b) of title 5, United 

2 States Code. 

3 (g) DEFINITIONS.—In this section: 

4 (1) AGENCY.—The term ‘‘agency’’ has the 

5 meaning given that term in section 3502 of title 44, 

6 United States Code. 

7 (2) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the Office of Management and Budg9 et, unless otherwise indicated. 

Æ 


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