II Calendar No. 495 118th CONGRESS 2d Session S. 2293 [Report No. 118–216] IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Peters (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs September 10, 2024 Reported by Mr. Peters , with an amendment and an amendment to the title Strike out all after the enacting clause and insert the part printed in italic A BILL To establish the Chief Artificial Intelligence Officers Council, Chief Artificial Intelligence Officers, and Artificial Intelligence Governance Boards, and for other purposes.

1. Short title This Act may be cited as the AI Leadership To Enable Accountable Deployment Act or the AI LEAD Act . 2. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 3502 of title 44, United States Code. (2) 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 (10 U.S.C. note prec. 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). (4) Council The term Council means the Chief Artificial Intelligence Officers Council established under section 3(a). (5) Director The term Director means the Director of the Office of Management and Budget. (6) Relevant congressional committees The term relevant congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives. 3. Chief Artificial Intelligence Officers Council (a) Establishment Not later than 90 days after the date of enactment of this Act, the Director shall establish a Chief Artificial Intelligence Officers Council. (b) Duties The Council shall— (1) promote coordination regarding agency practices relating to the design, acquisition, development, modernization, use, operation, sharing, risk management, and performance of artificial intelligence technologies; (2) ensure interagency coordination regarding Federal artificial intelligence activities; (3) share experiences, ideas, best practices, and innovative approaches relating to artificial intelligence; and (4) assist the Director, as necessary, in— (A) the identification, development, and coordination of multi-agency projects and other initiatives to improve Government performance; and (B) the management of 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; and (ii) soliciting and providing perspectives on matters of concern to the Council, as appropriate, from and to— (I) the Chief Financial Officers Council; (II) the Chief Human Capital Officers Council; (III) the Chief Acquisition Officers Council; (IV) the Chief Information Officers Council; (V) the Chief Data Officers Council; (VI) other interagency councils; (VII) other key groups of the Federal Government; (VIII) industry; (IX) academia; (X) State, local, Tribal, territorial, and international governments; and (XI) other individuals and entities, as determined necessary by the Director. (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. (3) Members Members of the Council shall include— (A) the Chief Artificial Intelligence Officer of each agency described in section 901(b) of title 31, United States Code; (B) a representative from an agency with— (i) advisory experience in scientific and technological issues that require attention at the highest level of Government; and (ii) a role working with agencies to create strategies, plans, policies and programs for science and technology, including artificial intelligence; and (C) other members, as determined necessary by the Director. (4) Standing committees; working groups The Council shall have the authority to establish standing committees and working groups as necessary to consider items of concern to the Council. 4. Agency artificial intelligence officers (a) Duties of agencies The head of each agency shall ensure the responsible research, development, acquisition, application, governance, and use of artificial intelligence by the agency that is consistent with democratic values, including— (1) privacy; (2) civil rights and civil liberties; (3) information security; (4) nondiscrimination; (5) transparency; and (6) reliability. (b) Chief artificial intelligence officer (1) In general The head of each agency shall hire or designate a Chief Artificial Intelligence Officer with responsibility for— (A) promoting artificial intelligence innovation; (B) developing, in coordination with other responsible officials of the agency, the policies of the agency regarding the use of artificial intelligence technologies; (C) ensuring policies of the agency are in compliance with governmentwide requirements; (D) in coordination with other responsible officials of the agency, the processes of the agency regarding the risk management, governance, and oversight of the use of artificial intelligence by the agency; (E) producing a risk management plan for agency-specific use cases of artificial intelligence, including a procedure for classifying risk levels in agency use of artificial intelligence; (F) ensuring standards, regulations, investments, practices, systems, and other matters are designed, developed, and deployed in a manner that protects the rights and safety of individuals; (G) providing input on the decision processes for annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports relating to artificial intelligence of the agency; (H) participating in internal control processes or entities convened for the purpose of reviewing artificial intelligence acquisitions during the acquisition life cycle; and (I) performing other functions relating to artificial intelligence, as determined by the Director or the head of the agency. (2) Structure The Director shall issue guidance on the appropriate reporting structure, qualifications, and seniority level for the role of a Chief Artificial Intelligence Officer. (3) Seniority With respect to the Chief Artificial Intelligence Officer of any agency described in section 901(b) of title 31, United States Code, the Chief Artificial Intelligence Officer shall be an executive with a position classified above GS–15 of the General Schedule or the equivalent. (4) Roles The head of each agency shall ensure that the Chief Artificial Intelligence Officer of the agency has a significant role in— (A) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports relating to artificial intelligence of the agency; and (B) the management, governance, acquisition, and oversight processes of the agency relating to artificial intelligence. (c) Informing Congress Not later than 1 year after the date of the 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 appropriate 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. 5. Agency coordination on artificial intelligence (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 Governance Board to coordinate and govern artificial intelligence issues of the agency. (b) Contents The guidance issued under subsection (a) shall— (1) define the structure and activities of Artificial Intelligence Government Boards of agencies; and (2) ensure that the membership of the Artificial Intelligence Governance Board of an agency includes, to the extent applicable to the agency— (A) the deputy head of the agency; (B) the Chief Artificial Intelligence Officer of the agency, who shall serve as the Chair of the Artificial Intelligence Governance Board of the agency; (C) the chief information officer of the agency; (D) the chief acquisition officer of the agency; (E) the senior procurement executive of the agency; (F) the chief data officer of the agency; (G) the chief human capital officer of the agency; (H) the chief financial officer of the agency; (I) the senior agency official for privacy of the agency; (J) the senior agency official for civil rights and civil liberties of the agency; and (K) other individuals, as determined by the Director. (c) Strategy (1) In general The head of each agency shall establish an artificial intelligence strategy for the trustworthy adoption of artificial intelligence by the agency to better achieve the mission of the agency to serve the people of the United States. (2) Contents The strategy required under paragraph (1) shall include the following: (A) Defined roles and responsibilities for the use and oversight of artificial intelligence by the agency, including oversight of compliance with relevant laws, regulations, standards, and guidance. (B) Defined values, ethics, and principles to foster public trust and responsible use of artificial intelligence by the agency. (C) The standards, regulations, investments, practices, and other items the agency will use to improve trust and safety and ensure that artificial intelligence systems are designed, developed, and deployed in a manner that protects the rights and safety of individuals. (D) How the agency will oversee artificial intelligence systems and applications to identify and mitigate risk and prevent harm. (E) The considerations and safeguards the agency will use to protect the rights and safety of the public with respect to artificial intelligence, including mitigation of algorithmic discrimination. (F) The domains or areas in which the agency uses or anticipates using artificial intelligence. (G) The steps the agency will take to strengthen workforce knowledge to maximize the value artificial intelligence can bring to mission outcomes while mitigating any associated risks. (H) How and under what conditions the agency can use artificial intelligence to improve the interactions of the agency with the public and the fulfillment of the mission of the agency, while protecting against harmful impacts on agency employees or the public. (I) How the agency will coordinate and work across components, offices, and programs of the agency on artificial intelligence-related matters. (J) How the agency will engage in interagency governance and coordination with respect to artificial intelligence, including to leverage shared resources, expertise, and lessons learned to better leverage artificial intelligence to improve Federal Government operations and mitigate the risks of artificial intelligence. (K) How the agency will promote the use and availability of data to support the artificial intelligence efforts of the agency in accordance with statutory, regulatory, and policy requirements. (L) How the agency will work with the private sector to ensure that procured artificial intelligence systems or capabilities include protections to safeguard the rights and safety of individuals and to secure Federal Government data and other information. (M) An outline of specific actions to implement the strategy of the agency and desired outcomes. (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. 6. Sunset Effective on the date that is 10 years after the date of enactment of this Act, this Act shall have no force or effect.

1. Short title This Act may be cited as the AI Leadership To Enable Accountable Deployment Act or the AI LEAD Act . 2. Definitions In this Act: (1) Agency The term agency has the meaning given the term in section 3502 of title 44, United States Code. (2) Artificial intelligence The term artificial intelligence has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 ( 15 U.S.C. 9401 ). (3) 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). (4) Council The term Council means the Chief Artificial Intelligence Officers Council established under section 3(a). (5) Director The term Director means the Director of the Office of Management and Budget. (6) Relevant congressional committees The term relevant congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives. 3. Chief Artificial Intelligence Officers Council (a) Establishment Not later than 90 days after the date of enactment of this Act, the Director shall establish a Chief Artificial Intelligence Officers Council. (b) Duties The Council shall— (1) promote artificial intelligence innovation and responsible design, development, and application; (2) oversee compliance with Governmentwide requirements, including existing requirements for agencies to inventory and publish use cases of artificial intelligence; (3) develop recommendations for, and advise agencies on, best practices for the design, acquisition, development, modernization, use, operation, sharing, risk management, auditing, and performance of artificial intelligence technologies while ensuring privacy, security, and the protection of civil rights and civil liberties; (4) share experiences, ideas, and promising practices, including work process redesign and the development of performance measures to optimize Federal Government use of and investments in artificial intelligence; (5) in coordination with the Director of the Office of Personnel Management, assess and monitor the hiring, training, classification, and professional development needs of the Federal workforce relating to artificial intelligence; (6) examine and track the costs and benefits of artificial intelligence use in the Federal Government, and make recommendations for any limits that should be placed on the acquisition, development, and use of artificial intelligence and the capabilities of artificial 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; (II) the Chief Human Capital Officers Council; (III) the Chief Acquisition Officers Council; (IV) the Chief Information Officers Council; (V) the Chief Data Officers Council; (VI) other interagency councils; (VII) other key groups of the Federal Government; (VIII) industry; (IX) academia; (X) State, local, Tribal, territorial, and international governments; and (XI) other individuals and entities, as determined necessary by the Director; (iii) creating a framework for how agencies can reduce risk in the design, development, and use of artificial intelligence systems; and (iv) implementing measurements and producing specific guidance on use cases for which the Federal Government should not be developing, procuring, or using artificial intelligence systems; (C) ensuring artificial intelligence systems used and procured by agencies are and have been responsibly developed and evaluated such that the 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. (3) Members Members of the Council shall include— (A) the Chief Artificial Intelligence Officer of each agency described in section 901(b) of title 31, United States Code; (B) a representative from an agency with— (i) advisory experience in scientific and technological issues that require attention at the highest level of Government; and (ii) a role working with agencies to create strategies, plans, policies and programs for science and technology, including artificial intelligence; and (C) other members, as determined necessary by the Director. (4) Standing committees; working groups The Council shall have the authority to establish standing committees and working groups as necessary to consider items of concern to the Council. (d) Administrative support The Administrator of General Services shall provide administrative support for the Council. 4. Agency artificial intelligence officers (a) Duties of agencies The head of each agency shall ensure the responsible research, development, acquisition, application, governance, and use of artificial intelligence by the agency that is consistent with democratic values, including— (1) privacy; (2) civil rights and civil liberties; (3) information security; (4) nondiscrimination; (5) transparency; and (6) trustworthiness. (b) Chief artificial intelligence officer (1) In general Not later than 45 days after the date of enactment of this Act, the head of each agency shall designate a Chief Artificial Intelligence Officer with responsibility for— (A) promoting artificial intelligence innovation and use within the agency to further the agency’s effectiveness and efficiency; (B) providing input on the decision processes for annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports relating to artificial intelligence of the agency; (C) participating in internal control processes or entities convened for the purpose of reviewing artificial intelligence acquisitions throughout the acquisition life cycle; (D) producing a risk management plan for agency-specific use cases of artificial intelligence, including— (i) a procedure for classifying risk levels in agency use of artificial intelligence; and (ii) specific guidance on use cases for which the agency should not developing, procuring, or using artificial intelligence systems; (E) in coordination with other responsible officials of the agency— (i) assessing and addressing agency personnel requirements and professional development requirements relating to artificial intelligence; and (ii) developing and overseeing agency processes regarding the design, acquisition, development, modernization, use, data management, operation, sharing, and auditing of artificial intelligence systems by the agency, including existing requirements to inventory and publish agency use cases; (iii) ensuring artificial intelligence policies of the agency comply with the Constitution of the United States and Governmentwide requirements; (iv) ensuring all artificial intelligence systems used and procured by the agency are and have been responsibly developed and evaluated such that the systems are transparent 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. (2) Structure The Director shall issue guidance on the appropriate reporting structure, qualifications, and seniority level for the role of a Chief Artificial Intelligence Officer. (3) Seniority With respect to the Chief Artificial Intelligence Officer of any agency described in section 901(b) of title 31, United States Code, the Chief Artificial Intelligence Officer shall be an executive with a position classified above GS–15 of the General Schedule or the equivalent. (4) Roles The head of each agency shall ensure that the Chief Artificial Intelligence Officer of the agency has a significant role in— (A) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports relating to artificial intelligence of the agency; and (B) the management, governance, acquisition, and oversight processes of the agency relating to artificial intelligence. (5) Full-time employee (A) In general To the extent practicable, each Chief Artificial Intelligence Officer designated under paragraph (1) shall be a full-time employee of the agency on the date of the designation. (B) Justification If the head of an agency designates a Chief Artificial Intelligence Officer of the agency who is not a full-time employee on the date of the designation, the head of the agency shall provide the Comptroller General of the United States a justification for the designation of an individual who is 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. 5. Agency coordination on artificial intelligence (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 Coordination Board to— (1) coordinate artificial intelligence issues of the agency; and (2) to the extent applicable to the agency, publish a statement of principles and goals relating to artificial intelligence. (b) Contents The guidance issued under subsection (a) shall— (1) define the structure and activities of Artificial Intelligence Coordination Boards of agencies; and (2) ensure that the membership of the Artificial Intelligence Coordination Board of an agency may include, to the extent applicable to the agency— (A) the deputy 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) the chief information officer of the agency; (D) the chief acquisition officer of the agency; (E) the senior procurement executive of the agency; (F) the chief data officer of the agency; (G) the chief human capital officer of the agency; (H) the chief financial officer of the agency; (I) the senior agency official for privacy of the agency; (J) the senior agency official for civil rights and civil liberties of the agency; and (K) other individuals, as determined by the Director. (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. (2) Contents The strategy required under paragraph (1) shall include the following: (A) Defined roles and responsibilities for the use and oversight of artificial intelligence by the agency, including oversight of compliance with relevant laws, regulations, standards, and guidance. (B) Defined values, ethics, and principles to foster public trust and responsible use of artificial intelligence by the agency. (C) The standards, regulations, investments, practices, and other items the agency will use to improve trust and safety and ensure that artificial intelligence systems are designed, developed, and deployed in a manner that protects the rights and safety of individuals. (D) How the agency will oversee artificial intelligence systems and applications to identify and mitigate risk and prevent harm, including with respect to privacy, civil rights, civil liberties, and information security. (E) The considerations and safeguards the agency will use to protect the rights and safety of the public with respect to artificial intelligence, including mitigation of algorithmic discrimination. (F) The domains or areas in which the agency uses or anticipates using artificial intelligence. (G) The steps the agency will take to strengthen workforce knowledge to maximize the value artificial intelligence can bring to mission outcomes while mitigating any associated risks. (H) How and under what conditions the agency can use artificial intelligence to improve the interactions of the agency with the public and the fulfillment of the mission of the agency, while protecting against harmful impacts on agency employees or the public. (I) How the agency will coordinate and work across components, offices, and programs of the agency on artificial intelligence-related matters. (J) How the agency will engage in interagency governance and coordination with respect to artificial intelligence, including to leverage shared resources, expertise, and lessons learned to better leverage artificial intelligence to improve Federal Government operations and mitigate the risks of artificial intelligence. (K) How the agency will promote the use and availability of data to support the artificial intelligence efforts of the agency in accordance with statutory, regulatory, and policy requirements. (L) How the agency will work with the private sector to ensure that procured artificial intelligence systems or capabilities include protections to safeguard the rights and safety of individuals and to secure Federal Government data and other information. (M) An outline of specific actions to implement the strategy of the agency and desired outcomes. 6. 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. 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. 8. Sunset Effective on the date that is 90 days after the date of issuance of the directive under section 7, this Act shall have no force or effect.

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. .

September 10, 2024 Reported with an amendment and an amendment to the title