No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7532 Introduced in House (IH)]
<DOC>
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.
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 AI Governance and
Transparency Act''.
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 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, which shall be 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). The guidance shall address 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, group, 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 the official
or officials 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
the General Services Administration, 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 the purpose or
purposes and relevant use case or use cases 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,
the program or programs 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 system's
overall outputs.
``(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 sections 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 (as defined in this
subchapter), 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(5).
``Sec. 3596. IA 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. Federal AI System 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), 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
initial issuance of the guidance required under subsection (b) of this
Act, 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Accountability.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 36 - 3.
Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-905.
Reported (Amended) by the Committee on Oversight and Accountability. H. Rept. 118-905.
Placed on the Union Calendar, Calendar No. 740.
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