HR 8516
American Leadership in AI Act
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Bill overview
The American Leadership in AI Act aims to strengthen the United States’ position in artificial intelligence by establishing a Center for AI Standards and Innovation at the National Institute of Standards and Technology. It also seeks to boost research infrastructure, including a National Artificial Intelligence Research Resource, and promote AI literacy through workforce development and education initiatives. Finally, the bill addresses AI governance, procurement, and security, as well as worker protections and the prevention of deepfakes.
Key provisions
- Establishes a Center for AI Standards and Innovation at NIST to develop AI standards and promote their adoption.
- Creates a National Artificial Intelligence Research Resource to provide researchers with access to computational resources and data.
- Supports prize competitions for AI research and development.
- Grants funding for research on the use of generative AI in healthcare.
- Coordinates research and development between the Department of Agriculture and the National Science Foundation.
- Modernizes federal AI governance, procurement, and security through standards and a Chief Artificial Intelligence Officer Council.
- Addresses AI incident reporting and security enhancement.
- Expands AI literacy efforts through education and workforce development programs.
Who is affected
- Researchers
- Federal agencies
- Small businesses
- Educational institutions
- The general public
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
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119th CONGRESS — 2d Session
H. R. 8516
IN THE HOUSE OF REPRESENTATIVES
A BILL
To make certain improvements relating to artificial intelligence, and for other purposes.
.American Leadership in AI Act
The table of contents for this Act is as follows:
by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), and (11) as paragraphs (6), (8), (9), (10), (11), (12), (13), and (14), respectively;
by inserting after paragraph (3) the following new paragraphs:
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—
the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and
does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.
The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
Director) shall establish a center on artificial intelligence, to be known as the
Center for AI Standards and Innovation(in this section referred to as the
Center), to ensure continued United States leadership in research, development, and evaluation of the reliability, robustness, resilience, security, and safety of artificial intelligence systems.
The purposes of the Center are as follows:
To support the National Institute of Standards and Technology laboratories as such laboratories carry out artificial intelligence activities related to robustness, resilience, and safety in accordance with section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1).
The Director or appropriate designee shall serve as the Director of the Center.
In establishing the Center, the Director shall—
coordinate with—
the Director of the National Science Foundation;
the Director of the Office of Science and Technology Policy;
the Secretary of Energy;
the Secretary of Defense; and
the Secretary of Homeland Security; and
consult with the heads of such other Federal agencies as the Director considers appropriate.
The activities of the Center may include the following:
Reference use cases for artificial intelligence systems and criteria for assessing safety risk in each such use case.
In carrying out the activities described in paragraph (5), the Director shall carry out the following:
Leverage existing Federal investments to advance the mission of the Center.
A summarized budget in support of the Center for such fiscal year.
A description of the goals, priorities, and metrics for guiding and evaluating the activities of the Center.
Consortium) of stakeholders from academic or research communities, Federal laboratories, private industry, and civil society in matters relating to artificial intelligence reliability, robustness, resilience, security, and safety to support the following:
To evaluate the needs of stakeholders, including industry and civil society.
Identify where gaps remain in the activities of the Center, including relating to measurement research and support for standards development, and provide recommendations to the Center on how to address such gaps.
Not later than two years after the date of the enactment of this section, the Director shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the contributions of the members of the Consortium in support the efforts of the Center.
provide the Director any enforcement authority that was not in effect on the day before the date of the enactment of this section;
modify any regulatory requirement to report or submit information to a Federal, State, Tribal or local department or agency.
This section shall terminate on the date that is six years after the date of the enactment of this section.
There is to be authorized to be appropriated to the Director $10,000,000 for fiscal year 2027 to carry out this section.
section (b) shall expire on the date that is 5 yearsand inserting
subsection (b) shall expire on the date that is 7 years.
In this subtitle:
The term covered artificial intelligence and other critical and emerging technologies means a subset of artificial intelligence and other critical and emerging technologies included in the list of such technologies identified and maintained by the National Science and Technology Council of the Office of Science and Technology Policy as the Director considers appropriate for purposes of this subtitle.
The term Director means the Director of the National Institute of Standards and Technology.
Not later than 1 year after the date of the enactment of this Act, the Director shall provide to Congress a briefing to assist in the evaluation and identification of opportunities for Federal Government support for industry-led efforts in the development of technical standards for artificial intelligence and other critical and emerging technologies.
An overview of standards activities relating to artificial intelligence and other critical and emerging technologies and information about the following:
An analysis identifying where participation by United States industry and Federal agencies in standards activities in artificial intelligence and other critical and emerging technologies would be facilitated or enhanced by conducting standards meetings hosted in the United States.
Recommendations for effectively informing United States industry and Federal agencies on ongoing standardization activities with the objective of increasing participation of such industry and agencies in such activities.
International efforts described in paragraph (1) and information on opportunities for participation in such efforts.
Information on accessing standards, both in development and published, for artificial intelligence and other critical and emerging technologies.
For purposes of the pilot program required by subsection (a), an eligible entity is—
an organization that is developing standards and specifications for artificial intelligence and other critical and emerging technologies for at least 1 technical standard that affects the interests of 1 or more Federal agencies; or
an entity that hosts an organization described in paragraph (1).
An eligible entity receiving a grant under this subsection to host a meeting in the United States may use the amount of the grant for such costs as the Director considers reasonable for hosting the meeting in the United States, but not more than fifty percent of anticipated cost of hosting the meeting and not more than a maximum amount that the Director shall establish for purposes of this subsection. Such costs may include the following:
Costs related to the preparation and planning of meetings described in subsection (a).
Meeting venue-related expenses.
Such other costs that may support the eligible entity in conducting a standards meeting in the United States.
In deciding whether to award a grant under this subsection to an eligible entity to host a meeting, the Director may consider the extent to which the eligible entity—
is or hosts an organization that administers technical standards activity in artificial intelligence and other critical and emerging technologies that involves United States-based participants, including but not limited to participants from Federal agencies of the United States;
has a demonstrable history of participating in or hosting successful meetings; and
has a stable or growing participant base.
The Director shall develop and periodically update guidance for the pilot program carried out under this section.
The guidance developed and updated pursuant to paragraph (1) shall cover the following:
Means for recipients of grants under the pilot program to report expenses relating to other costs described in subsection (c)(2)(C).
During the third year of the pilot program carried out under this section and in each subsequent year of the pilot program, the Director shall provide Congress with a briefing on the pilot program.
Each briefing provided pursuant to paragraph (1) shall include the following:
An assessment of the effectiveness of the pilot program with respect to improving the hosting of standards meetings in the United States.
Identification of the recipients of grants under the pilot program.
The geographic distribution of attendees at meetings supported with grants under the pilot program.
A summary of the expenses for which the amounts of grants awarded under the pilot program were used.
If, before the date that is 2 years after the date of the enactment of this Act, the Director determines that providing support as described in subsection (a) is feasible and advisable, the Director shall, not later than 2 years after the date of the enactment of this Act—
The pilot program required by subsection (a)(1) shall terminate on the date that is 5 years after the date of the enactment of this Act.
There is authorized to be appropriated to carry out this section $5,000,000 for the period of fiscal years 2027 through 2031.
Section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1) is amended—
by redesignating subsection (h) as subsection (i); and
by inserting after subsection (g) the following new subsection:
Director) shall, subject to the availability of appropriations, develop, and periodically update, in collaboration with other public and private sector organizations, voluntary guidance for practices and guidelines relating to the development, release, and assessment of artificial intelligence systems. Such guidelines shall satisfy the following:
Security risks, including threats to national security.
Economic risks, including threats to economic opportunities.
Social risks, including infringement upon constitutional rights, privileges, or liberties.
Such other factors as the Director determines appropriate and consistent with this subsection.
Documentation of training and evaluation datasets, such as information and statistics about a dataset’s size, curation, annotation, and sources, and the protocols for a dataset’s selection, creators, provenance, processing, augmentation, filters, inclusion of personally identifiable information, and intellectual property usage.
Documentation of model information, such as a model’s development stages, training objectives, training strategies, inference objectives, capabilities, reproducibility of capabilities, input and output modalities, components, size, and architecture.
Public reporting of artificial intelligence systems’ capabilities, limitations, and possible areas of appropriate and inappropriate use.
Approaches and channels for collaboration and knowledge-sharing of best practices across industry, governments, civil society, and academia.
Such other categories as the Director determines appropriate and consistent with this subsection.
For each practice and norm categorized and listed in accordance with subparagraph (B), provide recommendations and practices for utilizing such practice or norm.
Ensure that voluntary guidance developed in paragraph (1) is based on international standards and industry best practices to the extent possible and practical.
Not prescribe or otherwise require the use of specific information or communications technology products or services.
Collaborate with public, industry, and academic entities as the Director determines appropriate, including conducting periodic outreach to receive public input from public, industry, and academic stakeholders.
Policy recommendations of the Director that could facilitate and improve communication and coordination between the private sector and relevant Federal agencies regarding implementing the recommended practices identified in this subsection.
Section 5103 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 9413) is amended—
by inserting after subsection (d) the following:
In this subsection, the terms NAIRR, National Artificial Intelligence Research Resource, Operating Entity, Program Management Office, and resources of the NAIRR have the meanings given the terms in section 5601.
There is established within the Interagency Committee a Steering Subcommittee for the National Artificial Intelligence Research Resource (referred to in this section as the NAIRR Steering Subcommittee
).
The NAIRR Steering Subcommittee shall be chaired by the Director of the Office of Science and Technology Policy. The Director of the Office of Science and Technology Policy may establish assistant chairs of the NAIRR Steering Subcommittee based on members of the NAIRR Steering Subcommittee rotating into the assistant chair positions on a predetermined schedule.
The Director of the Office of Science and Technology Policy shall select members of the Interagency Committee to serve on the NAIRR Steering Subcommittee that the Director determines—
Not less frequently than once a year, the Director of the Office of Science and Technology Policy shall review the composition of the NAIRR Steering Subcommittee and update such composition, which may include adding or removing members from the NAIRR Steering Subcommittee, if necessary.
The NAIRR Steering Subcommittee may establish subcommittees, working groups, or other permanent or temporary bodies of certain members of the NAIRR Steering Subcommittee.
The NAIRR Steering Subcommittee shall—
coordinate with the National Science Foundation and the Program Management Office to—
develop and release funding opportunities for resources of the NAIRR;
work with the Program Management Office to establish criteria for the Operating Entity, review candidates, and select an entity to act as the Operating Entity;
identify resources that could be federated, participate in resource provider selection and funding, and provide direction to the Operating Entity about resource allocation and how those resources should be made accessible via the NAIRR;
define key performance indicators for the NAIRR, in conjunction with the Program Management Office and any relevant Advisory Committees established under section 5602(c);
evaluate NAIRR performance against the key performance indicators defined under subparagraph (D) on a periodic basis and not less frequently than once every year;
develop an annual report, transmitted to the Director of the Office of Science and Technology Policy and publicly released, on the progress of the National Artificial Intelligence Research Resource that includes—
oversee a periodic independent assessment of the NAIRR.
Each agency comprising the NAIRR Steering Subcommittee is authorized to provide the Operating Entity with resources of the NAIRR or funding for resources of the NAIRR.
In this title:
The term Advisory Committee means any Advisory Committee established under section 5602(c).
The term AI testbed means a testbed described in section 22A(g) of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1(g)).
The term Executive agency has the meaning given such term in section 105 of title 5, United States Code.
The terms National Artificial Intelligence Research Resource and NAIRR have the meaning given the term National Artificial Intelligence Research Resource in section 5106(g).
The term Operating Entity means the Operating Entity selected by the Program Management Office as described in section 5602(b)(3)(A).
The term Program Management Office means the Program Management Office established under section 5602(b).
The term resource of the NAIRR means a resource described in section 5603(b).
The term NAIRR Steering Subcommittee means the NAIRR Steering Subcommittee established under section 5103(e).
The term STEM means science, technology, engineering, and mathematics, including computer science.
Not later than one year after the date of the enactment of this section, the Director of the National Science Foundation, in coordination with the NAIRR Steering Subcommittee, shall establish the National Artificial Intelligence Research Resource to—
improve access to artificial intelligence resources for researchers and students of artificial intelligence;
improve capacity for artificial intelligence research in the United States; and
support the testing, benchmarking, and evaluation of artificial intelligence systems developed and deployed in the United States.
The Director of the National Science Foundation shall establish within the National Science Foundation a Program Management Office to oversee the day-to-day functions of the NAIRR and shall appoint an individual to head the Program Management Office.
The duties of the Program Management Office shall include—
in coordination with the NAIRR Steering Subcommittee and any relevant Advisory Committee as appropriate—
developing the funding opportunity and soliciting bids for the Operating Entity, which will be responsible for operation of the National Artificial Intelligence Research Resource;
selecting, through a competitive and transparent process, a nongovernmental organization, which may be an independent legal entity or a consortium of 1 or more partners (which may include federally funded research and development centers), to be designated the Operating Entity;
overseeing compliance with the contractual obligations of the Operating Entity;
establishing evaluation criteria for the NAIRR;
overseeing asset allocation and utilization;
identifying an external independent evaluation entity;
assessing the performance of the Operating Entity on not less than an annual basis and, if such performance is unsatisfactory, ending the agreement with such Operating Entity and selecting a new Operating Entity in accordance with clause (ii);
developing multi-agency funding opportunities for the selection of NAIRR resources; and
coordinating resource contributions from participating Federal agencies; and
delegating, with appropriate oversight, operational tasks to the Operating Entity, including—
coordinating the provisioning of resources of the NAIRR;
maintaining a portal and associated services for users to access resources of the NAIRR;
developing policies and procedures for the NAIRR;
hiring and managing a staff (including experts in cyber infrastructure management, data science, research design, privacy, ethics, and legal and policy matters) to support the operations of the NAIRR;
continually modernizing NAIRR infrastructure;
recommending key performance indicators for the NAIRR, in coordination with the NAIRR Steering Subcommittee and any relevant Advisory Committee;
publishing publicly available annual reports reviewing the performance of the NAIRR, the resources of the NAIRR, and the NAIRR governance structures;
establishing and administering training to new users on accessing a resource of the NAIRR, research design, and issues related to privacy, ethics, safety, and trustworthiness of artificial intelligence systems;
facilitating connections to AI testbeds; and
making educational resources of the NAIRR available to other Federal agencies, and to Congress, for the purpose of educating Federal Government officials and employees about artificial intelligence.
The head of the Program Management Office, acting through the Director of the Operating Entity, shall establish Advisory Committees to provide advice to the Operating Entity and the Program Management Office. Any such Advisory Committees shall be comprised of members from government agencies, the private sector, academia, and public interest groups. Chapter 10 of title 5, United States Code, shall not apply to any such Advisory Committee.
The head of the Program Management Office, acting through the Director of the Operating Entity and in coordination with the NAIRR Steering Subcommittee and any relevant Advisory Committee, shall—
coordinate and provision resources of the NAIRR;
establish processes to manage the procurement of new resources of the NAIRR, and intake of in-kind contribution of resources of the NAIRR, from Federal agencies or other entities;
establish policies on and review resources of the NAIRR for concerns related to ethics and privacy;
retire resources of the NAIRR no longer available or needed; and
publicly report a summary of categories of available resources of the NAIRR, categories of sources of such resources of the NAIRR, and issues related to resources of the NAIRR.
The NAIRR shall offer resources that include, at a minimum, all of the following, subject to the availability of appropriations:
A mix of computational resources, including—
on-premises, cloud-based, hybrid, and emergent resources;
public cloud providers providing access to popular computational and storage services for NAIRR users;
an open source software environment for the NAIRR;
an application programming interface providing structured access to artificial intelligence models; and
Data, including by—
in coordination with the National Institute of Standards and Technology and consistent with the guidance of the National Science and Technology Council titled Desirable Characteristics of Data Repositories for Federally Funded Data,
dated May 2022, or any successor document, publishing interoperability standards for data repositories based on the data sharing and documentation standards and guidelines produced under section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1); and
establishing acceptable criteria for datasets used as resources of the NAIRR;
identifying and providing access to existing curated datasets of value and interest to the NAIRR user community;
establishing an artificial intelligence open data commons to facilitate community sharing and curation of data, code, and models;
coordinating with the Interagency Council on Statistical Policy to explore options to make Federal statistical data available to NAIRR users, including through the standard application process established under section 3583(a) of title 44, United States Code; and
Educational tools and services, including by—
facilitating and curating educational and training materials;
providing technical training and user support; and
AI testbeds, including by—
in coordination with the National Institute of Standards and Technology, facilitating access to artificial intelligence testbeds through which researchers can measure, benchmark, test, or evaluate engineering or algorithmic developments; and
developing a comprehensive catalog of open AI testbeds.
Subject to paragraph (3), the following users shall be eligible for access to the NAIRR:
A researcher, educator, or student based in the United States that is affiliated with an entity described in paragraph (2).
An employee of an entity described in clause (iii) or (iv) of paragraph (2)(B) with a demonstrable mission-need.
An institution of higher education.
A nonprofit institution (as such term is defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)).
An Executive agency.
A federally funded research and development center.
A small business concern (as such term is defined in section 3 of the Small Business Act (15 U.S.C. 632), notwithstanding section 121.103 of title 13, Code of Federal Regulations) that has received funding from an Executive agency, including through the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as described in section 9 of the Small Business Act (15 U.S.C. 638)).
A category of entity that the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy, after consultation with the NAIRR Steering Subcommittee and any relevant Advisory Committee, determine shall be eligible.
A consortium composed of entities described in clauses (i) through (vi).
The Director of the National Science Foundation shall ensure that individuals authorized as eligible users meet the requirements of subparagraph (A).
Any auditing process required under subparagraph (A) for Federal statistical data included in a resource of the NAIRR shall be completed by the head of a designated statistical agency (as defined in section 3576(e) of title 44, United States Code), in coordination with the Chief Statistician of the United States, consistent with relevant law.
The head of the Program Management Office shall ensure the requirements and processes described in paragraph (1) are consistent with the policies of the Office of Management and Budget policy and relevant policies of other Executive agencies. The head of the Program Management Office shall coordinate with the Senior Agency Official for Privacy and the General Counsel of the National Science Foundation in ensuring compliance with applicable privacy law and policy and Federal laws and regulations.
when determining access to computational resources of the NAIRR, take into consideration the extent to which the access relates to privacy, ethics, safety, security, risk mitigation, and trustworthiness of artificial intelligence systems, or other topics that demonstrate that a project is in the public interest;
ensure that a significant percentage of the annual allotment of computational resources of the NAIRR is provided to projects the primary focus of which is related to any of the topics described in subparagraph (A); and
to the extent that demand for access to computational resources of the NAIRR exceeds availability, consider, on a priority basis, projects focusing on any of the topics described in subparagraph (A) when ranking applications for such access.
The head of the Program Management Office, acting through the Director of the Operating Entity and in consultation with any relevant Advisory Committee, shall develop guidance for—
addressing concerns related to matters of scientific integrity, including matters related to the effects or impacts of research and potential research enabled by the NAIRR; and
mechanisms for an employee of the Operating Entity, an employee of the Program Management Office, a member of the NAIRR Steering Subcommittee or an Advisory Committee, a researcher or student affiliated with a NAIRR user described in subsection (a)(1), an employee of a provider of a resource of the NAIRR, an employee of a NAIRR funding agency, or a member of the public to report violations of the guidance developed under this paragraph, including by confidential and anonymous means.
The guidance developed under paragraph (1)(A) shall be published in a publicly accessible location on the website of the NAIRR. Such policies shall, to the degree practicable, be consistent with—
Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking, dated January 27, 2021, or successor document; and
Protecting the Integrity of Government Science, dated January 2022, and
A Framework for Federal Scientific Integrity Policy and Practice, dated January 2023, published by the National Science and Technology Council, or successor documents).
The head of the Program Management Office, acting through the Director of the Operating Entity and in consultation with the NAIRR Steering Subcommittee, the Director of the Office of Management and Budget, the Director of the National Institute of Standards and Technology, and the Director of the Cybersecurity and Infrastructure Security Agency—
shall establish minimum security requirements for all persons interacting with the NAIRR, consistent with the most recent version of the Cybersecurity Framework, or successor document, maintained by the National Institute of Standards and Technology; and
may establish tiers of security requirements and user access controls beyond the minimum requirements relative to security risks.
may differ by type of eligible user and type of affiliated entity described in subsection (a);
shall include a free tier of access based on appropriated funds and anticipated costs and demand;
may include cost-based charges for eligible users to purchase resources of the NAIRR beyond the resources included in a free or subsidized tier; and
shall ensure that the primary purpose of the NAIRR is to support research.
The head of the Program Management Office, acting through the Director of the Operating Entity and in consultation with the NAIRR Steering Subcommittee and the Director of the Office of Science and Technology Policy, shall—
ensure conformance with the requirements of National Security Presidential Memorandum-33 (relating to supported research and development national policy), issued January 2021, and its implementation guidance on research security and research integrity, or any successor policy document or guidance, by establishing NAIRR operating principles that emphasize the research integrity principles of openness, reciprocity, and transparency; and
designate a member of the leadership team for the Operating Entity as a research security point of contact with responsibility for overseeing conformance with the National Security Presidential Memorandum-33 and its implementation guidance, or any successor policy document or guidance.
To carry out this title, to the maximum extent practicable, the NAIRR is authorized to accept and use donations of cash, services, and personal property from the private sector.
The table of contents in section 2(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3388) is amended by inserting after the items relating to title LV the following:
Program), the Director of the National Science Foundation (in this section referred to as the
Director) shall partner with leading technology companies to increase access to world-class private sector computing, models, data, and software resources in the research community.
Except as otherwise expressly provided, the term Director means the Director of the National Science Foundation.
The term nonprofit organization has the meaning given such term in section 201 of title 35, United States Code.
AI Grand Challenges Program) to award prizes, utilizing the authorities and processes established under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), to eligible participants as determined by the Director pursuant to subsection (e) to stimulate artificial intelligence research, development, and commercialization that solves or advances specific, well-defined, and measurable grand challenges in 1 or more of the following categories:
Agriculture and rural development.
Manufacturing.
Quantum computing, including molecular modeling and simulation.
Materials science.
Supply chain resilience.
Disaster preparedness.
Natural resources management.
Cross cutting challenges in artificial intelligence, including robustness, interpretability, explainability, transparency, safety, privacy, content provenance, and bias mitigation.
Participants in the Rotator Program of the National Science Foundation may support the development and implementation of the AI Grand Challenges Program.
The Director shall also seek public input on the identification of artificial intelligence research and development grand challenges.
For each grand challenge selected under paragraph (1) and the grand challenge under paragraph (3), the Director shall—
establish a specific and well-defined grand challenge problem statement and ensure that such problem statement is published on the National Science Foundation website linking out to relevant prize competition listings on the website Challenge.gov that is managed by the General Services Administration; and
establish and publish on the website Challenge.gov clear targets, success metrics, and validation protocols for the prize competitions designed to address each grand challenge, in order to provide specific benchmarks that will be used to evaluate submissions to the prize competition.
Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Director of the Office of Science and Technology Policy and the Director of the National Institutes of Health, shall establish not less than 1 grand challenge in which eligible participants will compete in a prize competition to solve or advance solutions for prize awards under subsection (b) that seek to advance medical breakthroughs to address 1 or more of the most lethal forms of cancer and related comorbidities. The grand challenge shall relate to detection, diagnostics, treatments, therapeutics, or other innovations in artificial intelligence to increase the total quality-adjusted life years of those affected or likely to be affected by cancer.
In carrying out the prize competition under subparagraph (A), the Director shall award not less than $10,000,000 in cash prize awards to each winner.
The Director may consult with, and incorporate effective practices from, other entities that have developed successful large-scale technology demonstration prize competitions, including the Defense Advanced Research Projects Agency, the National Aeronautics and Space Administration, other Federal agencies, private sector enterprises, and nonprofit organizations, in the development and implementation of the AI Grand Challenges Program and related prize competitions, including on the requirements under subsection (e).
The Director shall develop requirements for—
the prize competition process, including eligibility criteria for participants, consistent with the requirements under paragraph (2); and
testing, judging, and verification procedures for submissions to receive a prize award under the AI Grand Challenges Program.
In accordance with the requirement described in section 24(g)(3) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(g)(3)), a recipient of a prize award under the AI Grand Challenges Program—
In accordance with section 24(k) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(k)), a judge of a prize competition under the AI Grand Challenges Program may be an individual from the private sector.
In carrying out the AI Grand Challenges Program, the Director—
Not later than 60 days after the date on which a prize is awarded under the AI Grand Challenges Program, the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and other relevant committees of Congress a report that describes the winning submission to the prize competition and its benefits to the United States.
Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and other relevant committees of Congress a report that includes—
a description of the activities carried out under this Act;
a description of the active competitions and the results of completed competitions under the AI Grand Challenges Program; and
efforts to provide information to the public about the AI Grand Challenges Program to encourage participation.
The Director shall make the biennial report required under subparagraph (A) publicly accessible, including by posting the biennial report on the website of the National Science Foundation in an easily accessible location.
In carrying out the AI Grand Challenges Program, the Director shall post the active prize competitions and available prize awards under subsection (b) to Challenge.gov after the grand challenges are selected and the prize competitions are designed pursuant to subsections (c) and (e) to ensure the prize competitions are widely accessible to eligible participants.
reduce the administrative or documentation burden on clinicians;
expedite the health insurance claims process;
improve the efficiency and quality of customer service in the health care sector; or
otherwise improve health care, as determined appropriate by the Director of the National Institutes of Health.
invest in workforce development of clinicians and administrators;
improve the availability of patient care for members of a medically underserved population.
The term eligible entity means—
an agency of—
the Federal Government;
a State;
a unit of local government; or
an Indian Tribe.
The term generative artificial intelligence means artificial intelligence that, in response to a prompt, uses data to produce text, media, computer code, or other content.
Secretary) and the Director of the National Science Foundation (in this section referred to as the
Director) shall carry out cross-cutting and collaborative research and development activities focused on the joint advancement of Department of Agriculture and National Science Foundation mission requirements and priorities.
conduct collaborative research in a variety of focus areas, such as—
plant, animal, and microbial biology relevant to agricultural challenges;
food and nutrition security;
rural economic revitalization;
cyber-physical systems;
smart and connected communities;
advanced sensors and models of soil and plant processes;
nano-biosensing and analytical technologies to improve food safety, water quality, biosecurity, plant and animal diseases, and soil health;
monitoring of food- or water-borne pathogens, allergens, and accidental, natural, or intentional bio- or chemical contaminants;
key emerging technology areas such as artificial intelligence, machine learning, automation, robotics, digital agriculture, and information and communication technology for agricultural uses;
development and testing of new precision agriculture tools; and
workforce needs, education, and development;
support research infrastructure, including new facilities, equipment and broadband deployment, as the Secretary and Director determine necessary;
develop translational technologies for commercial utilization;
organize education, training, and research initiatives relating to science, technology, engineering, and mathematics (STEM) education and workforce development, which may include—
activities supported by the Cooperative Extension System;
industrial partnership programs;
distribution of resources for educators to implement curricula, such as the workshops developed under subparagraph (C);
facilitate relationships between public and private entities to carry out the activities specified in paragraphs (1) through (6) upon the termination of any agreement entered into under subsection (b).
carry out reimbursable agreements between the Department of Agriculture, the National Science Foundation, and other entities in order to maximize the effectiveness of research and development; and
collaborate with other Federal agencies, as appropriate.
Interagency coordination between each Federal agency involved in the research and development activities carried out under this section.
Potential opportunities to expand the technical capabilities of the Department of Agriculture and the National Science Foundation.
Collaborative research achievements.
Areas of future mutually beneficial successes.
Continuation of coordination activities between the Department of Agriculture and the National Science Foundation.
The Committee on Agriculture of the House of Representatives.
The Committee on Agriculture, Nutrition, and Forestry of the Senate.
The Secretary shall carry out a cross-cutting research and development program to advance artificial intelligence tools, systems, capabilities, and workforce needs and develop artificial intelligence capabilities for the purposes of advancing the missions of the Department (in this section referred to as the program
). In carrying out such program, the Secretary shall coordinate across all relevant offices and programs of the Department, including the Office of Science, the Office of Energy Efficiency and Renewable Energy, the Office of Nuclear Energy, the Office of Fossil Energy, the Office of Electricity, the Office of Cybersecurity, Energy Security, Emergency Response, and the Advanced Research Projects Agency-Energy.
In carrying out the program, the Secretary shall award financial assistance to eligible entities to carry out research projects on topics including the following:
The application of artificial intelligence systems to improve large-scale simulations of natural and other phenomena.
The study of applied mathematics, computer science, and statistics, including foundations of methods and systems of artificial intelligence, causal and statistical inference, and the development of algorithms for artificial intelligence systems.
The analysis of existing and new large-scale datasets from science and engineering experiments and simulations, including energy simulations and sponsored research activities, and, as determined by the Secretary, other priorities of the Department that utilize artificial intelligence tools and techniques.
The development of operation and control systems that enhance automated, intelligent decision-making capabilities.
The development of advanced computing hardware and computer architecture tailored to artificial intelligence systems, including the following:
The codesign of software and computational hardware.
Energy-efficient computing hardware and algorithms for artificial intelligence training and inference.
Mechanisms to improve the energy efficiency of data centers, including relevant energy efficiency benchmarks for such centers.
The aggregation, curation, and distribution of standardized datasets for emerging artificial intelligence research fields and applications, including methods for addressing data scarcity.
The development of advanced artificial intelligence systems for pressing scientific, energy, and national security applications.
The development of trustworthy artificial intelligence systems, including the following:
Algorithmic explainability.
Analytical methods for identifying and mitigating bias in artificial intelligence systems.
Safety and robustness, including assurance, verification, validation, security, and control.
In carrying out the program, the Secretary shall support technology transfer of artificial intelligence systems for the benefit of society and United States economic competitiveness.
In carrying out the program, the Secretary shall carry out the following:
Make any upgrades necessary to enhance the use of existing computing facilities for artificial intelligence systems, including upgrades to hardware and other resources necessary for developing, training, and evaluating advanced artificial intelligence technologies.
Establish new computing capabilities necessary to manage data and conduct high performance computing that enables the development and use of advanced artificial intelligence systems.
Maintain and improve, as needed, networking infrastructure, data input and output mechanisms, and data analysis, storage, and service capabilities.
Facilitate the development of unclassified and classified high-performance computing systems and artificial intelligence platforms through Department-owned infrastructure data and computing facilities.
In carrying out the program, the Secretary shall establish at least one data center testbed for the development and assessment of hardware and algorithms for energy-efficient and energy-flexible artificial intelligence training and inference.
In carrying out the testbed established under paragraph (1), the Secretary shall carry out the following:
Test and evaluate new software, hardware, codesign of hardware and software, algorithms, networking, and other artificial intelligence-based technologies and applications to improve energy efficiency across the artificial intelligence ecosystem.
Carry out cooperative research projects with industry, including end user companies, hardware systems vendors, artificial intelligence developers, data center developers and operators, energy utilities, and other appropriate stakeholders.
In carrying out activities described in subsection (b)(6), the Secretary shall develop methods, platforms, protocols, and other tools required for efficient, responsible, and effective aggregation, generation, curation, and distribution of artificial intelligence training and inference datasets, including the following:
Assembling, aggregating, and curating large-scale training data for advanced artificial intelligence systems, including outputs from research programs of the Department and other open science data, with the goal of developing comprehensive scientific artificial intelligence training databases and testing and validation data.
Developing dataset documentation and metadata protocols and visualization tools, taking into account appropriate standards and guidelines to promote interoperability and consistency in documentation.
Developing and implementing appropriate data management plans for the ethical, responsible, and secure use of classified and unclassified scientific data.
Identifying, curating, and safely distributing, as appropriate based on the application, the following:
Scientific and experimental departmental datasets.
Sponsored research activities that are needed for the training of foundational and adapted downstream artificial intelligence systems.
Develop innovative concepts in applied mathematics, computer science, engineering, and other science disciplines needed for advanced artificial intelligence systems.
Develop best-in-class advanced artificial intelligence systems, model derivatives that support downstream use cases, and other technologies to solve pressing scientific, energy, and national security challenges.
Carry out cooperative research projects with industry, including end user companies, hardware systems vendors, and artificial intelligence software companies, to advance artificial intelligence technologies relevant to the missions of the Department and mitigate risks associated with such technologies.
In coordination with the Secretary of Commerce and the Secretary of Homeland Security, research counter-adversarial artificial intelligence solutions to predict, prevent, mitigate, and respond to threats to critical infrastructure, energy security, and nuclear nonproliferation, and biological and chemical threats.
In coordination with energy utilities, State energy offices, data center developers and operators, and other key stakeholders the Secretary determines appropriate, carry out research to examine how artificial intelligence technologies may be impacted by or applied to energy supply bottlenecks, energy demand projections, site reliability challenges, and data center operational flexibilities.
Establish crosscutting research efforts to understand and mitigate artificial intelligence-related risks, including the establishment of unclassified and classified data platforms across the Department.
As part of the program, the Secretary shall identify, support, and sustain shared resources and enabling tools that have the potential to accelerate the pace of scientific discovery and technological innovation with respect to the missions of the Department relating to science, energy, and national security.
In carrying out paragraph (1), the Secretary shall consult with relevant experts in the Federal Government, industry, energy utilities, academia, State energy offices, and the National Laboratories.
Shared resources and enabling tools referred to in paragraph (1) shall include the following:
Scientific data and knowledge bases for training artificial intelligence systems.
Benchmarks and competitions for evaluating advances in artificial intelligence systems.
Platform technologies that lower the cost of generating training data or enable the generation of training data.
High-performance computing, including hybrid computing systems that integrate artificial intelligence and high-performance computing.
The combination of artificial intelligence and scientific automation, such as cloud labs and self-driving labs.
Tools that enable artificial intelligence to solve inverse design problems.
Testbeds for accelerating progress at the intersection of artificial intelligence and cyberphysical systems.
Testbeds for testing and evaluating artificial intelligence-based technologies and applications to improve energy efficiency across artificial intelligence systems, in accordance with subsection (e).
The Secretary shall ensure coordination with, and avoid unnecessary duplication of, activities to provide shared resources with the National Science Foundation, the agencies participating in the Interagency Committee established under section 5103 of this Act, and the Networking and Information Technology Research and Development Program authorized under section 101 of the High Performance Computing Act of 1991 (15 U.S.C. 5511).
The Secretary shall support on a competitive, merit-reviewed basis not fewer than two multidisciplinary artificial intelligence research institutes pursuant to section 5201 of this Act.
The Secretary, in consultation with the Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, the Director of the National Security Agency, and the Director of the National Institute of Standards and Technology, shall develop a taxonomy of safety and security risks associated with artificial intelligence systems relevant to the missions of the Department.
As part of the program, the Secretary, in coordination with the Director of the National Science Foundation, may develop the required workforce, and hire and train researchers to meet the rising demand for artificial intelligence talent, including by carrying out the following:
Providing training, grants, and research opportunities, including experiential learning experiences for undergraduate and graduate students in advanced artificial intelligence systems.
Carrying out public awareness campaigns regarding artificial intelligence related career paths.
Assisting institutions of higher education to establish new degree and certificate programs in artificial intelligence-related disciplines.
The Secretary shall ensure the integration of robust cybersecurity measures into all artificial intelligence research-to-deployment efforts authorized under this section to protect the integrity and confidentiality of collected and analyzed data.
Taking into account the guidance issued pursuant to section 10343(c) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19052(c)), the Secretary shall issue guidance governing the ethical, safe, and responsible conduct of research activities funded by the Department and performed at National Laboratories and user facilities.
The Secretary may request, accept, and provide funds from other Federal departments and agencies, State, United States territory, local, or Tribal government agencies, private sector for-profit entities, and nonprofit entities, to be available to the extent provided by appropriations Acts, to support a research project or partnership carried out under this section. The Secretary may not give any special consideration to any agency or entity in return for a donation.
The Secretary shall seek to establish partnerships with private companies and nonprofit organizations in carrying out this section.
In carrying out subparagraph (A), the Secretary shall protect any information submitted to or shared by the Department consistent with applicable laws and regulations.
In carrying out the activities authorized in this section, the Secretary shall carry out the following:
Collaborate with a range of stakeholders, including small businesses, institutes of higher education, industry, and the National Laboratories.
Leverage the collective body of knowledge from existing artificial intelligence and machine learning research.
Engage with other Federal departments and agencies, research communities, and potential users of information produced under this section.
In carrying out the program, the Secretary shall develop a strategic plan with specific short-term and long-term goals and resource needs to advance applications in artificial intelligence for science, energy, and national security to support the missions of the Department. The strategic plan shall be consistent with the following:
The 2023 National Laboratory workshop report entitled Advanced Research Directions on AI for Science, Energy, and Security
.
The 2024 National Laboratory workshop report entitled AI for Energy
.
The strategic plan required under section 5103 of division E of this Act (15 U.S.C. 9413).
Not later than one year after the date of the enactment of this section, the Director shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee of Energy and Natural Resources of the Senate the strategic plan required under paragraph (1), and shall notify such committees of any substantial updates to such plan in subsequent years.
In this section:
The term Department means the Department of Energy.
The term eligible entities means any of the following:
An institution of higher education.
A National Laboratory.
A Federal research agency.
A State research agency.
A nonprofit research organization.
A private sector entity.
A consortium of two or more entities described in subparagraphs (A) through (F).
The term National Laboratory has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
The term nonprofit organization has the meaning given such term in section 201 of title 35, United States Code.
The term Secretary means the Secretary of Energy.
The term testbed means any platform, facility, or environment that enables the testing and evaluation of scientific theories and new technologies, including hardware, software, or field environments in which structured frameworks can be implemented to conduct tests to assess the performance, reliability, safety, and security of a wide range of items, including prototypes, systems, applications, artificial intelligence systems, instruments, computational tools, devices, and other technological innovations.
Not later than one year after the date of the enactment of this section, the Secretary of Energy shall submit to Congress a report that includes the following:
An assessment of the following:
The growth of computing data centers and advanced computing electrical power load in the United States.
Potential risks of growth in computing centers or growth in the required electrical power to United States energy security and national security.
The extent to which emerging technologies, such as artificial intelligence and advanced computing, may impact hardware and software systems used at data and computing centers.
Cost, performance, reliability, availability, space requirements, emissions, and supply chain issues for current technologies, including renewable diesel, natural gas, renewable natural gas, fuel cells, nuclear energy, battery storage, enhanced geothermal, long-duration energy storage, and other potentially viable technologies available to support regional data center expansion and for backup power.
Recommendations for the following:
Policy changes to ensure domestic deployment of data center and advanced computing resources to prevent offshoring of United States data and resources.
Improving the energy efficiency of data centers, advanced computing hardware and algorithms, and artificial intelligence systems.
Director) shall—
develop standards and guidelines, including minimum requirements, for artificial intelligence systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency, other than national security systems;
develop standards and guidelines, including minimum requirements, for managing risks associated with artificial intelligence systems for all agency operations and assets, but such standards and guidelines shall not apply to national security systems;
develop standards and guidelines, including minimum requirements, for authenticating, tracking provenance, and labeling synthetic content generated by an agency or by a contractor of an agency or other organization on behalf of an agency, other than national security systems; and
conduct research and development pursuant to section 5301 to inform the development of standards and guidelines for activities described in this section.
In developing standards and guidelines required by subsection (a), the Director shall—
provide standards and guidelines, practices, profiles, and tools consistent with the framework under subsection (c) of section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1), and information on how agencies can leverage such framework to reduce risks caused by agency implementation in the development, procurement, and use of artificial intelligence systems;
provide standards and guidelines that—
are consistent with Circular A–119 of the Office of Management and Budget; and
enable conformity assessment;
recommend training on standards and guidelines for each agency responsible for procuring artificial intelligence;
develop and periodically revise performance indicators and measures for agency artificial intelligence related standards and guidelines;
provide standards and guidelines, including minimum requirements, for developing profiles for agency use of artificial intelligence consistent with such framework;
develop profiles for framework use for an entity that is a small business concern (as such term is defined in section 3 of the Small Business Act (15 U.S.C. 632));
evaluate artificial intelligence policies and practices developed for national security systems to assess potential application by agencies to strengthen risk management of artificial intelligence systems; and
periodically assess the effectiveness of standards and guidelines developed under this section and undertake revisions as appropriate.
For standards and guidelines developed pursuant to subsection (a) that are deemed by the Director to be at a readiness level sufficient for standardization, the Director shall—
submit such standards and guidelines to the Secretary of Commerce for promulgation under section 11331 of title 40, United States Code;
where practicable and appropriate, provide technical review and assistance to agencies; and
evaluate the effectiveness and sufficiency of, and challenges to, agency implementation of such standards and guidelines.
Subject to the availability of appropriations, the Director shall complete a study to review the existing and forthcoming voluntary technical standards for the testing, evaluation, verification, and validation of artificial intelligence acquisitions.
Not later than 90 days after the date of the completion of the study required by paragraph (1), the Director shall—
develop standards and guidelines for the testing, evaluation, verification, and validation of artificial intelligence acquisitions pursuant to this section;
convene relevant stakeholders to facilitate such development;
continuously update such standards and guidelines; and
review and make recommendations to the head of each agency on risk management policies and principles for relevant artificial intelligence acquisitions.
In this section:
The term agency means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government.
The term profile means an implementation of the artificial intelligence risk management functions, categories, and subcategories for a specific setting or application based on the requirements, risk tolerance, and resources of the user of the framework at issue.
The term synthetic content means information, such as images, videos, audio clips, and text, that has been significantly modified or generated by algorithms, including by artificial intelligence.
In this subtitle:
The term agency has the meaning given the term in section 3502 of title 44, United States Code.
The term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
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—
the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and
does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.
The term Chief Artificial Intelligence Officer means an official designated by the head of an agency pursuant to section 313(b)(1).
The term Council means the Chief Artificial Intelligence Officers Council established under section 312(a).
The term Director means the Director of the Office of Management and Budget.
The term relevant congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
Not later than 90 days after the date of the enactment of this Act, the Director shall establish a Chief Artificial Intelligence Officers Council.
The Council shall—
promote artificial intelligence innovation and responsible design, development, and application;
oversee compliance with Governmentwide requirements, including existing requirements for agencies to inventory and publish use cases of artificial intelligence;
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;
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;
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;
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;
help improve the abilities of agencies to understand artificial intelligence and intervene in crisis;
review and analyze already deployed artificial intelligence systems within the Federal Government for potential harm; and
assist the Director, as necessary, in—
identifying, developing, coordinating, and overseeing multi-agency projects and other initiatives to improve Government performance;
monitoring and managing risks relating to developing, obtaining, or using artificial intelligence, including by—
promoting the development and use of efficient, common, and shared approaches to key processes that improve the delivery of services for the public;
soliciting and providing perspectives on matters of concern to the Council, as appropriate, from and to—
the Chief Financial Officers Council;
the Chief Human Capital Officers Council;
the Chief Acquisition Officers Council;
the Chief Information Officers Council;
the Chief Data Officers Council;
other interagency councils;
other key groups of the Federal Government;
industry;
academia;
State, local, Tribal, territorial, and international governments; and
other individuals and entities, as determined necessary by the Director;
creating a framework for how agencies can reduce risk in the design, development, and use of artificial intelligence systems; and
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;
continually monitoring the capabilities of artificial intelligence systems used and procured by the Federal Government; and
ensuring accountability for the use and procurement of artificial intelligence systems that result in flawed, inaccurate, or biased decisions that would impact individuals.
The Director shall serve as the chair of the Council.
The cochair of the Council shall be—
nominated by a majority of the members of the Council; and
designated as the cochair of the Council by the Director.
Members of the Council shall include—
the Chief Artificial Intelligence Officer of each agency described in section 901(b) of title 31, United States Code;
a representative from an agency with—
advisory experience in scientific and technological issues that require attention at the highest level of Government; and
a role working with agencies to create strategies, plans, policies and programs for science and technology, including artificial intelligence; and
other members, as determined necessary by the Director.
The Council shall have the authority to establish standing committees and working groups as necessary to consider items of concern to the Council.
The Administrator of General Services shall provide administrative support for the Council.
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—
civil rights and civil liberties;
information security;
nondiscrimination;
transparency; and
trustworthiness.
Not later than 45 days after the date of the enactment of this Act, the head of each agency shall designate a Chief Artificial Intelligence Officer with responsibility for—
promoting artificial intelligence innovation and use within the agency to further the agency’s effectiveness and efficiency;
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;
participating in internal control processes or entities convened for the purpose of reviewing artificial intelligence acquisitions throughout the acquisition life cycle;
producing a risk management plan for agency-specific use cases of artificial intelligence, including—
specific guidance on use cases for which the agency should not developing, procuring, or using artificial intelligence systems;
in coordination with other responsible officials of the agency—
assessing and addressing agency personnel requirements and professional development requirements relating to artificial intelligence;
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;
ensuring artificial intelligence policies of the agency comply with the Constitution of the United States and Governmentwide requirements;
continually monitoring the capabilities and impacts of artificial intelligence systems used and procured by the agency; and
ensuring accountability for the use and procurement of artificial intelligence systems that result in flawed, inaccurate, or biased decisions that would impact individuals;
helping to improve the ability of the agency to understand artificial intelligence and to intervene in crisis;
reviewing and analyzing already deployed artificial intelligence systems of the agency for potential harm; and
performing other functions relating to artificial intelligence, as determined by the Director or the head of the agency.
The Director shall issue guidance on the appropriate reporting structure, qualifications, and seniority level for the role of a Chief Artificial Intelligence Officer.
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.
The head of each agency shall ensure that the Chief Artificial Intelligence Officer of the agency has a significant role in—
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
the management, governance, acquisition, and oversight processes of the agency relating to artificial intelligence.
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.
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.
The Comptroller General of the United States shall include each justification provided by the head of an agency under subparagraph (B) in the report required under section 316(a).
Not later than 60 days after the date of the enactment of this Act, the head of each agency shall—
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.
Not later than 120 days after the date of the 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—
define the structure and activities of Artificial Intelligence Coordination Boards of agencies; and
ensure that the membership of the Artificial Intelligence Coordination Board of an agency may include, to the extent applicable to the agency—
the deputy head of the agency;
the Chief Artificial Intelligence Officer of the agency, who shall serve as the chair of the Artificial Intelligence Coordination Board of the agency;
the chief information officer of the agency;
the chief acquisition officer of the agency;
the senior procurement executive of the agency;
the chief data officer of the agency;
the chief human capital officer of the agency;
the chief financial officer of the agency;
the senior agency official for privacy of the agency;
other individuals, as determined by the Director.
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.
The strategy required under paragraph (1) shall include the following:
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.
Defined values, ethics, and principles to foster public trust and responsible use of artificial intelligence by the agency.
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.
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.
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.
The domains or areas in which the agency uses or anticipates using artificial intelligence.
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.
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.
How the agency will coordinate and work across components, offices, and programs of the agency on artificial intelligence-related matters.
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.
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.
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.
An outline of specific actions to implement the strategy of the agency and desired outcomes.
the implementation and effectiveness of Artificial Intelligence Coordination Boards established pursuant to guidance issued under section 314(a);
an assessment of agency implementation and the effectiveness of Chief Artificial Intelligence Officers;
recommendations for improving the implementation and effectiveness of Artificial Intelligence Coordination Boards established pursuant to guidance issued under section 314(a) and Chief Artificial Intelligence Officers;
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;
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;
other relevant matters, as determined by the Comptroller General of the United States.
Not later than two years after the date of the 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.
Not later than five years after the date of the enactment of this Act, the Director shall—
consider technological and other developments, current and future requirements, and options for artificial intelligence governance; and
Beginning on the date that is 90 days after the date of issuance of the directive under section 316, this subtitle shall have no force or effect.
The Director of the National Institute of Standards and Technology, in coordination with industry stakeholders, standards development organizations, and appropriate Federal agencies, as appropriate, shall carry out the following:
Establish or identify common definitions and any characteristics of artificial intelligence security vulnerabilities that make utilization of the National Vulnerability Database inappropriate for the management of such vulnerabilities, and develop processes and procedures for vulnerability management of such vulnerabilities.
Support the development of standards and guidance for technical vulnerability management processes related to artificial intelligence.
Consistent with paragraphs (1) and (2), as appropriate, initiate a process to update the Institute’s processes and procedures associated with the National Vulnerability Database to ensure such Database and associated vulnerability management processes incorporate artificial intelligence security vulnerabilities to the greatest extent practicable.
The Director of the National Institute of Standards and Technology, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall convene a multi-stakeholder process to consider the development of a process relating to the voluntary collection, reporting, and tracking of substantial artificial intelligence security incidents and substantial artificial intelligence safety incidents.
In carrying out paragraph (1), the Director of the National Institute of Standards and Technology shall convene appropriate representatives of industry, academia, nonprofit organizations, standards development organizations, civil society groups, Sector Risk Management Agencies, and appropriate Federal departments and agencies to carry out the following:
Establish common definitions and characterizations for relevant aspects of substantial artificial intelligence security incidents and substantial artificial intelligence safety incidents, which may include the following:
Classifications that sufficiently differentiate between the following:
Artificial intelligence security incidents.
Artificial intelligence safety incidents.
Taxonomies to classify incidents referred to in clause (i) based on relevant characteristics, impacts, or other appropriate criteria.
Assess the usefulness and cost-effectiveness of an effort to voluntarily track substantial artificial intelligence security incidents and substantial artificial intelligence safety incidents.
Identify and provide guidelines, best practices, methodologies, procedures, and processes for tracking and reporting substantial artificial intelligence security incidents and substantial artificial intelligence safety incidents across different sectors and use cases.
Support the development of norms for reporting of substantial artificial intelligence security incidents and substantial artificial intelligence safety incidents, taking into account when it is appropriate to publicly disclose such incidents.
Findings from the multi-stakeholder process referred to in such paragraph.
An assessment of and recommendations for establishing reporting and collection mechanisms by which industry, academia, nonprofit organizations, standards development organizations, civil society groups, and appropriate public sector entities may voluntarily share standardized information regarding substantial artificial intelligence security incidents and substantial artificial intelligence safety incidents.
Nothing in this section provides the Director of the National Institute of Standards and Technology with any enforcement authority that was not in effect on the day before the date of the enactment of this section.
In this section:
The term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
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—
the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and
does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.
The term nonprofit organization has the meaning given such term in section 201 of title 35, United States Code.
The term Sector Risk Management Agency has the meaning given such term in section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
An intent and method targeted at the intentional exploitation of a vulnerability.
A situation and method that may accidentally trigger a vulnerability.
Hub).
Evaluate the impact of AI on the labor market and the experience of United States workers.
Produce recurring evaluations of such impact.
Conduct scenario planning for a range of potential levels of such impact.
Section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1) is amended—
by redesignating subsection (h) as subsection (i); and
by inserting after subsection (g) the following new subsection:
The Director shall, in carrying out subsection (a), develop or identify, and disseminate (in accordance with paragraph (4)), resources for small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) relating to artificial intelligence. Such resources may include technical standards, best practices, benchmarks, methodologies, procedures, or processes for the understanding, adoption, or integration of artificial intelligence.
The Director shall ensure that the resources described in paragraph (1) satisfy the following requirements:
Are generally applicable and usable by a wide range of small business concerns.
Include elements that promote basic understanding, identification, and adoption of proper use cases of artificial intelligence.
Include case studies of practical application across a range of business sizes and types.
Are technology-neutral and relevant to technologies that are accessible and suitable for small business concerns.
Not later than two years after the date of the enactment of this subsection and not less frequently than once every two years thereafter, the Director shall carry out the following:
Review the resources described in paragraph (1).
Update such resources as the Director considers appropriate.
The Director shall coordinate with the Administrator of the Small Business Administration regarding the distribution and use through the resource partners of the Small Business Administration of the resources described in paragraph (1).
The use of the resources described in paragraph (1) shall be considered voluntary.
The report under subparagraph (A) shall include the following:
A list of the resources described in paragraph (1), including updates made pursuant to paragraph (3).
Relevant feedback from recipients of such resources, and disseminators of such resources pursuant to paragraph (4).
Recommendations to Congress for further actions to help with the utilization of artificial intelligence by small business concerns.
Section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851) is amended—
in the section heading, by inserting or nonconsensual activity involving digital forgeries
after intimate images
; and
in subsection (a)—
in paragraph (2), by inserting competent,
after conscious,
;
by striking paragraph (3);
by redesignating paragraph (4) as paragraph (3);
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
by inserting after paragraph (3) the following:
The term identifiable individual means an individual whose body appears in whole or in part in an intimate visual depiction or intimate digital forgery and who is identifiable by virtue of the individual’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature, or from information displayed in connection with the intimate visual depiction or intimate digital forgery.
The term intimate digital forgery means any intimate visual depiction of an identifiable individual that—
falsely represents, in whole or in part—
the identifiable individual; or
the conduct or content that makes the visual depiction intimate;
is created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction; and
is indistinguishable from an authentic visual depiction of the identifiable individual when viewed as a whole by a reasonable person.
Any visual depiction described in subparagraph (A) constitutes an intimate digital forgery for purposes of this paragraph regardless of whether a label, information disclosed with the visual depiction, or the context or setting in which the visual depiction is disclosed states or implies that the visual depiction is not authentic.
in paragraph (6)(A), as so redesignated—
in clause (i), by striking or
at the end;
in clause (ii)—
in subclause (I), by striking individual;
and inserting individual; or
; and
by striking subclause (III); and
by adding at the end the following:
an identifiable individual engaging in sexually explicit conduct; and
Section 1309(b) of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851(b)) is amended—
in paragraph (1)—
by striking subparagraph (A) and inserting the following:
Except as provided in paragraph (5)—
an identifiable individual whose intimate visual depiction is disclosed, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the identifiable individual, where such disclosure was made by a person who knows or recklessly disregards that the identifiable individual has not consented to such disclosure, may bring a civil action against that person in an appropriate district court of the United States for relief as set forth in paragraph (3);
an identifiable individual who is the subject of an intimate digital forgery may bring a civil action in an appropriate district court of the United States for relief as set forth in paragraph (3) against any person that knowingly produced or possessed the intimate digital forgery with intent to disclose it, knowingly disclosed the intimate digital forgery, or knowingly solicited and received the intimate digital forgery, if—
the identifiable individual did not consent to such production or possession with intent to disclose, disclosure, or solicitation and receipt;
the person knew or recklessly disregarded that the identifiable individual did not consent to such production or possession with intent to disclose, disclosure, or solicitation and receipt; and
such production or possession with intent to disclose, disclosure, or solicitation and receipt, is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce; and
an identifiable individual who is the subject of an intimate digital forgery may bring a civil action in an appropriate district court of the United States for relief as set forth in paragraph (3) against any person that knowingly produced the intimate digital forgery if—
the identifiable individual did not consent to such production;
the person knew or recklessly disregarded that the identifiable individual—
did not consent to such production; and
was harmed, or was reasonably likely to be harmed, by the production; and
such production is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce.
in subparagraph (B)—
in the subparagraph heading, by inserting identifiable
before individuals
; and
by striking an individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the individual
and inserting an identifiable individual who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the identifiable individual
;
in paragraph (2)—
in subparagraph (A)—
by inserting identifiable
before individual
;
by striking depiction
and inserting intimate visual depiction or intimate digital forgery
; and
by striking distribution
and inserting disclosure, solicitation, or possession
; and
in subparagraph (B)—
by inserting identifiable
before individual
;
by inserting or intimate digital forgery
after depiction
each place it appears; and
by inserting , solicitation, or possession
after disclosure
;
by redesignating paragraph (4) as paragraph (5);
by striking paragraph (3) and inserting the following:
In a civil action filed under this section, an identifiable individual may recover—
damages as provided under subparagraph (C); and
the cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred.
The court may, in addition to any other relief available at law, award punitive damages or order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to delete, destroy, or cease to display or disclose the intimate visual depiction or intimate digital forgery.
For purposes of subparagraph (A)(i), the identifiable individual may recover—
liquidated damages in the amount of—
$150,000; or
$250,000 if the conduct at issue in the claim was—
committed in relation to actual or attempted sexual assault, stalking, or harassment of the identifiable individual by the defendant; or
the direct and proximate cause of actual or attempted sexual assault, stalking, or harassment of the identifiable individual by any person; or
actual damages sustained by the individual, which shall include any profits of the defendant that are attributable to the conduct at issue in the claim that are not otherwise taken into account in computing the actual damages.
For purposes of subparagraph (C)(ii), to establish the defendant’s profits, the identifiable individual shall be required to present proof only of the gross revenue of the defendant, and the defendant shall be required to prove the deductible expenses of the defendant and the elements of profit attributable to factors other than the conduct at issue in the claim.
In a civil action filed under this section, the court may issue an order to protect the privacy of a plaintiff, including by—
permitting the plaintiff to use a pseudonym;
requiring the parties to redact the personal identifying information of the plaintiff from any public filing, or to file such documents under seal; and
issuing a protective order for purposes of discovery, which may include an order indicating that any intimate visual depiction or intimate digital forgery shall remain in the care, custody, and control of the court.
in paragraph (5)(A), as so redesignated—
by striking image
and inserting visual depiction or intimate digital forgery
; and
by striking depicted
and inserting identifiable
; and
by adding at the end the following:
Any action commenced under this section shall be barred unless the complaint is filed not later than 10 years from the later of—
the date on which the identifiable individual reasonably discovers the violation that forms the basis for the claim; or
the date on which the identifiable individual reaches 18 years of age.
No relief may be ordered under paragraph (3) against a person who is subject to a judgment under section 2255 of title 18, United States Code, for the same conduct involving the same identifiable individual and the same intimate visual depiction or intimate digital forgery.
This subtitle shall not be construed to impair, supersede, or limit a provision of Federal, State, or Tribal law.
Nothing in this subtitle shall prohibit a State or Tribal government from adopting and enforcing a provision of law governing disclosure of intimate images or nonconsensual activity involving an intimate digital forgery, as defined in section 1309(a) of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851(a)), as amended by this subtitle, that is at least as protective of the rights of a victim as this subtitle.
Section 1341 of title 18, United States Code, is amended—
by striking $1,000,000
and inserting $2,000,000
; and
by inserting after the period at the end the following: If the violation is committed with the assistance of artificial intelligence, such person shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both.
.
Section 1343 of title 18, United States Code, is amended—
by striking $1,000,000
and inserting $2,000,000
; and
by inserting after the period at the end the following: If the violation is committed with the assistance of artificial intelligence, such person shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both.
.
Section 1344 of title 18, United States Code, is amended—
by striking Whoever knowingly
and inserting the following:
Whoever knowingly
by adding at the end the following:
Whoever commits subsection (a) with the assistance of artificial intelligence shall be fined not more than $2,000,000 or imprisoned not more than 30 years, or both.
Section 1346 of title 18, United States Code, is amended—
by amending the section heading to read as follows: Definitions
;
by striking chapter, the term
and inserting the following:
the term
by striking the period at the end and inserting ; and
; and
by adding at the end the following:
the term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
The table of sections for chapter 63 of title 18, United States Code, is amended by striking the item relating to section 1346 and inserting the following:
Section 1956 of title 18, United States Code, is amended—
in subsection (a)—
in paragraph (1), in the continuation text following subparagraph (B)(ii), by inserting after or both
the following: , or, in the case that such violation is committed with the assistance of artificial intelligence, shall be fined not more than $1,000,000 or thrice the value of the monetary instrument or funds involved in the transaction, whichever is greater, or imprisoned for not more than 20 years, or both
;
in paragraph (2), in the continuation text following subparagraph (B)(ii), by inserting after or both
the following: , or, in the case that such violation is committed with the assistance of artificial intelligence, shall be fined not more than $1,000,000 or thrice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisoned for not more than 20 years, or both
; and
in paragraph (3), in the continuation text following subparagraph (C), by inserting after or both
the following: , or, in the case that such violation is committed with the assistance of artificial intelligence, shall be fined under this title, or imprisoned for not more than 20 years, or both
; and
in subsection (c)—
in paragraph (8), by striking and
at the end;
in paragraph (9), by striking the period and inserting ; and
; and
by adding at the end the following:
the term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
Section 912 of title 18, United States Code, is amended by inserting after or both
the following: , or, in the case that such violation is committed with the assistance of artificial intelligence (as such term is defined in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401)), shall be fined not more than $1,000,000, or imprisoned not more than three years, or both
.
In this subtitle:
The term AI security vulnerability means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other means.
The term AI violation means—
any violation of Federal law, including rules and regulations, related to or committed during the development, deployment, or use of artificial intelligence; or
any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligence may pose to public safety, public health, or national security.
The term artificial intelligence includes any of the following:
An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.
An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
A set of techniques, including machine learning, that are designed to approximate a cognitive task.
An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.
The term artificial 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, including in the case—
the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and
does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.
The terms commerce and industry or activity affecting commerce mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce
and any industry affecting commerce
, as defined in section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142).
The term covered individual includes—
an independent contractor, including a former independent contractor.
The term emerging artificial intelligence technology, with respect to an AI security vulnerability, means any artificial system that exhibits a level of performance, complexity, or autonomy that is comparable to or exceeds capabilities that are generally considered state-of-the-art as of the time of the AI security vulnerability.
The term employer means any person (including any officer, employee, contractor, subcontractor, agent, company, partnership, or other individual or entity) engaged in commerce or an industry or activity affecting commerce who pays any compensation to a covered individual in exchange for the covered individual providing work to the person.
No employer may, directly or indirectly, discharge, demote, suspend, threaten, blacklist, harass, or in any other manner discriminate against a covered individual in the terms and conditions of employment or post-employment of the covered individual (or the terms and conditions of work provided by the covered individual as an independent contractor) because of any lawful act done by the covered individual—
in providing information regarding an AI security vulnerability or AI violation, or any conduct that the covered individual reasonably believes constitutes an AI security vulnerability or AI violation, to—
the appropriate regulatory official or the Attorney General;
a regulatory or law enforcement agency; or
any Member of Congress or any committee of Congress;
in initiating, testifying in, or assisting in any investigation or judicial or administrative action of an appropriate regulatory or law enforcement agency or the Department of Justice, or any investigation of Congress, based upon or related to the information described in paragraph (1); or
in providing information regarding an AI security vulnerability or AI violation, or any conduct that the covered individual reasonably believes constitutes an AI security vulnerability or AI violation, to—
a person with supervisory authority over the covered individual at the employer of the covered individual; or
another individual working for the employer described in subparagraph (A) whom the covered individual reasonably believes has the authority to—
investigate, discover, or terminate the misconduct; or
take any other action to address the misconduct.
filing a complaint with the Secretary of Labor in accordance with the requirements of paragraph (2)(A); or
if the Secretary of Labor has not issued a final decision in accordance with such paragraph within 180 days of the filing of such complaint, and there is no showing that such a delay is due to the bad faith of the covered individual, bringing an action against the employer at law or in equity in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.
Except as provided in clause (ii) and paragraph (3), a complaint filed with the Secretary of Labor under paragraph (1)(A) shall be governed by the rules and procedures set forth in section 42121(b) of title 49, United States Code, including the legal burdens of proof described in such section.
With respect to a complaint filed under paragraph (1)(A), notification required under section 42121(b)(1) of title 49, United States Code, shall be made to each person named in the complaint, including the employer.
A party to an action brought under paragraph (1)(B) shall be entitled to trial by jury.
An action may not be brought under paragraph (1)(B)—
more than 6 years after the date on which the violation of subsection (a) occurs; or
more than 3 years after the date on which facts material to the right of action are known, or reasonably should have been known, by the covered individual bringing the action.
Notwithstanding subclause (I), an action under paragraph (1)(B) may not in any circumstance be brought more than 10 years after the date on which the violation occurs.
Relief for a covered individual prevailing with respect to a complaint filed under paragraph (1)(A) or an action under paragraph (1)(B) shall include—
reinstatement with the same seniority status that the covered individual would have had, but for the violation;
two times the amount of back pay otherwise owed to the covered individual, with interest;
the payment of compensatory damages, which shall include compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees; and
any other appropriate remedy with respect to the violation as determined by the Secretary of Labor in a complaint under subparagraph (A) of paragraph (1) or by the court in an action under subparagraph (B) of such paragraph.
The rights and remedies provided for in this section may not be waived or altered by any contract, agreement, policy form, or condition of employment (or condition of work as an independent contractor), including by any agreement requiring a covered individual to engage in arbitration, mediation, or any other alternative dispute resolution process prior to seeking relief under subsection (b).
The Director of the National Science Foundation shall take such actions as may be necessary to provide to the STEM Teachers Corps Pilot Program and the Computer Science for All Program of the Foundation general support in accordance with the recommendations of the AI Task Force established on February 20, 2024, of the House of Representatives.
The amount allowed as a credit under subsection (a) for the taxable year with respect to an employee shall not exceed $5,000.
NICE Cybersecurity Workforce Framework (NCWF), or any successor thereto, published by the National Initiative for Cybersecurity Education (NICE) of the National Institute of Standards and Technology.
Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.
by striking plus
at the end of paragraph (40),
by striking the period at the end of paragraph (41) and inserting , plus
, and
by inserting after paragraph (41) the following new paragraph:
Subsection (a) of section 280C of such Code is amended by inserting 45BB(a),
after 45S(a),
.
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:
The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
This section shall apply with respect to any solicitation issued on an after the date of the enactment of this Act.
The term executive agency has the meaning given such term in section 102 of title 40, United States Code.
The term qualified offeror means a business that has claimed the employee cybersecurity education credit under section 45BB of the Internal Revenue Code of 1986, as added by section 611, at least once within the three-year period preceding the date on which the business submits a competitive proposal for a contract valued in excess of $5,000,000.
It is the sense of Congress that—
AI technology is rapidly evolving, and current best practices for learning and developing AI literacy today may not be applicable in the future;
awards made under this section should recognize the rapidly evolving nature of AI technology, and identify and focus on those skills that will remain relevant to AI literacy considering likely changes in AI capabilities; and
awards made under this section should recognize student progression to more advanced topics as they progress through K–12 education.
The Director may make awards on a merit-reviewed, competitive basis to institutions of higher education and nonprofit organizations (and consortia thereof) to support research activities to develop educational curricula and evaluation methods for AI literacy at the K–12 education level.
enhance AI literacy and proficiency; and
develop best practices.
Developing AI literacy evaluation tools for educators assessing proficiency in AI literacy.
The Director may carry out this section by making awards through new or existing programs.
In this section:
The term Director means the Director of the National Science Foundation.
The term K–12 education means elementary schools and secondary schools, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Section 5401 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9451) is amended by—
redesignating subsection (g) as subsection (h); and
inserting after subsection (f) the following new subsection:
The Director of the National Science Foundation, in consultation with agency heads the Director considers appropriate, shall make awards on a competitive, merit-reviewed basis to eligible institutions of higher education specified in paragraph (2) or nonprofit organizations (or consortia thereof) to broaden participation in artificial intelligence research, education, and workforce development by increasing the ability of the United States to increase capacity and partnerships for artificial intelligence research and development.
An eligible institution of higher education specified in this paragraph is any of the following:
An institution of higher education, that, according to the data published by the National Center for Science and Engineering Statistics, is not, on average, among the top 100 institutions in Federal research and development expenditures during the 3-year period prior to the year of the award concerned.
A consortium of any of the entities specified in subparagraphs (A) through (D).
A consortium receiving an award under this subsection may include any of the following:
Mutually beneficial partnerships with institutions of higher education, nonprofit organizations, Federal agencies, State, territorial, local, and Tribal governments, and private sector entities.
Developing partnerships with any of the following:
Artificial intelligence research institutes under section 5201.
Recipients of other relevant awards made by the Director of the National Science Foundation.
Development or expansion of research programs in artificial intelligence and related disciplines.
Faculty recruitment and professional development in artificial intelligence and related disciplines.
Bridge programs focused on preparing post-baccalaureate students for graduate programs in artificial intelligence and related disciplines.
Provide or broker access to research resources, including computing resources, networking, data facilities, and software engineering support for artificial intelligence research and development.
Community building activities to foster mutually beneficial public-private collaboration with Federal research agencies, industry, Federal laboratories, academia, and nonprofit organizations.
Development and hosting of intra- or inter-institutional workshops to broaden workforce participation in artificial intelligence research and development.
Activities to integrate ethical and responsible practices and principles into education programs in artificial intelligence and related disciplines.
Other activities necessary to build research capacity, education pathways, and workforce development pathways in artificial intelligence and related disciplines.
conduct outreach to eligible institutions of higher education specified in paragraph (2) and nonprofit organizations to apply for awards under this subsection; and
engage participants from all regions of the United States, especially individuals from underserved communities and groups historically underrepresented in science, technology, engineering, and mathematics.
The Director of the National Science Foundation shall ensure awards made under this section are complimentary to, and not duplicative of, awards made under existing programs.
In making awards under this subsection, the Director of the National Science Foundation may also consider the following:
The geographic diversity of such institutions and organizations.
In this subsection:
Paragraph (2) of section 5401(e) of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9451(e)) is amended—
in the heading, by striking faculty
; and
by adding at the end the following new subparagraphs:
The Director of the National Science Foundation may support scholarships and fellowships for undergraduate and graduate students by making awards through institutions of higher education, including community colleges, to students who are enrolled in programs of study leading to degrees or concentrations in or related to the design, research, assessment, development, deployment, integration, or application of artificial intelligence.
In carrying out clause (i), the Director of the National Science Foundation may prioritize making awards to students who are enrolled in programs of study leading to degrees or concentrations in or related to any of the following:
The teaching of artificial intelligence at elementary schools, secondary schools, career and technical education schools, institutions of higher education, or through other higher education and professional education programs.
Artificial intelligence and advanced manufacturing, including the integration of artificial intelligence into advanced manufacturing operations.
Artificial intelligence and agriculture, including the integration of artificial intelligence into agricultural operations, prediction, and decision making.
Scholarships and fellowships awarded under this subparagraph may be in the form of awards that cover the cost of tuition, education-related fees, a stipend, and professional development funds for a period of up to five years. Such scholarships and fellowships shall be paid directly to the institution of higher education in which the student is enrolled.
The Director of the National Science Foundation shall conduct outreach and encourage applications from rural-located institutions of higher education, rural-serving institutions of higher education (as such term is defined in section 861 of the Higher Education Act of 1965 (20 U.S.C. 1161q)), Tribal Colleges and Universities (as such term is defined in section 316 of such Act (20 U.S.C. 1059c)), and institutions located in an Established Program to Stimulate Competitive Research (EPSCoR) jurisdiction.
The Director of the National Science Foundation may carry out this subparagraph by making awards through new or existing programs.
Awards made under this subparagraph may be in the form of awards that cover the cost of tuition, education-related fees, a stipend, and professional development funds for up to one year. Such awards shall be paid directly to the institution of higher education that administers, or is affiliated with, the program in which the fellowship recipient is participating.
The Director of the National Science Foundation may carry out a nationwide outreach campaign to students at elementary schools, secondary schools, career and technical education schools, institutions of higher education, or through other higher education and professional education programs to increase awareness regarding National Science Foundation-funded artificial intelligence education opportunities.
In carrying out the campaign described in clause (i), the Director of the National Science Foundation may prioritize outreach to groups historically underrepresented in STEM, including in underserved and rural areas.
To be eligible to receive a scholarship or fellowship under this paragraph, an individual shall satisfy all of the following:
Be a citizen, national, or lawful permanent resident of the United States.
Demonstrate a commitment to a career in advancing the field of artificial intelligence.
Accept the terms of such scholarship or fellowship, as the case may be.
In preparing the report under clause (i), the Director of the National Science Foundation may, as practicable—
include an assessment of the effectiveness of such scholarships and fellowships in expanding apprenticeships, internships, and other applied or experiential learning opportunities offered by employers in conjunction with community colleges or other institutions of higher education;
assess the number of students who received such scholarships and fellowships;
assess the percentage of such students who successfully complete their education programs and intend to enter the workforce;
assess the percentage of undergraduate, graduate, and post-doctoral students who enter the workforce in a field relating to such a scholarship or fellowship;
assess the impact in the number of K–12 teachers, school counselors, and other school professionals who received such a scholarship or fellowship; and
include an assessment of the effects such scholarships and fellowships have on related fields.
Subparagraph (B) of section 5401(e)(3) of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9451(e)(3)) is amended to read as follows:
In this subparagraph:
The term area career and technical education school has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
The term eligible applicant means a community college, or area career and technical education school, in partnership with one or more of the following:
A Federal, State, local, territorial, or Tribal government entity.
An institution of higher education.
An entity in private industry.
An economic development organization or venture development organization.
A labor or workforce training organization, which may include State workforce development boards and local workforce development boards as established under sections 101 and 107 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 and 3122).
A nonprofit organization.
The term nonprofit organization has the meaning given such term in section 201 of title 35, United States Code.
The term venture development organization has the meaning given such term in section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722).
The Director of the National Science Foundation, in coordination with the Regional Technology and Innovation Hub program of the Department of Commerce, and leveraging the Regional Innovation Engines, the Advanced Technological Education program, and other programs of the National Science Foundation, shall establish up to eight regionally and geographically diverse eligible applicants to be designated as Community College and Area Career and Technical Education Centers of AI Excellence (referred to in this subparagraph as Centers of AI Excellence
). Such Centers of AI Excellence shall enhance educational outcomes and drive workforce development by integrating artificial intelligence into teaching, learning, and community engagement.
An eligible applicant seeking to be designated as a Center of AI Excellence shall submit to the Director of the National Science Foundation an application at such time, in such manner, and containing such information as the Director may require. Such application shall include the following:
A description of the focus area or areas for such proposed Center of AI Excellence and how such area or areas are aligned with regional investments made by industry and the Federal Government.
A description of the capacity of such applicant to carry out the purpose of such proposed Center of AI Excellence.
A description of current and anticipated future workforce demands in occupations directly related to such proposed Center of AI Excellence.
A description of how such applicant will support the collection of information and data for evaluating such proposed Center of AI Excellence.
Outreach plans for recruiting and enrolling women and other underrepresented populations.
A Center of AI Excellence shall develop and disseminate information regarding best practices for matters such as the following:
Artificial intelligence research and education at community colleges and area career and technical education schools.
Methods to scale up successful programs that perform research or provide education on artificial intelligence at community colleges and area career and technical education schools.
Providing educators and teachers with actionable strategies and resources to effectively integrate artificial intelligence into curriculums in the classroom.
Providing hands-on research opportunities on artificial intelligence and learning opportunities for students that are enabled through artificial intelligence.
Identifying pathways for students to jobs that are enabled by artificial intelligence.
The Director of the National Science Foundation shall evaluate the activities under clause (iv). Such evaluation, to the extent practicable, shall integrate the findings of research resulting from such activity or activities as a result of a designation under clause (ii) with the findings of other research on artificial intelligence education.
Not later than 180 days after the completion of the evaluation under subclause (I), the Director of the National Science Foundation shall submit to Congress and make widely available to the public a report that includes the following:
The results of such evaluation.
Any recommendations for administrative and legislative action that could optimize the effectiveness of the designations under clause (ii).
Section 5401 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9451), as amended by section 631, is further amended—
by redesignating subsection (h) as subsection (j); and
by inserting after subsection (g) the following new subsections:
In this subsection:
The term eligible entity means any of the following:
An institution of higher education.
A consortium of one or more institutions of higher education or nonprofit organizations and one or more private sector entities.
The term nonprofit organization has the meaning given such term in section 201 of title 35, United States Code.
The Director of the National Science Foundation may carry out subparagraph (A) by making awards through new or existing programs.
An eligible entity that seeks an award under this subsection shall submit to the Director of the National Science Foundation an application at such time, in such manner, and containing such information as the Director may require.
An application under subparagraph (A) may include the following:
A description of the student demographics on which the research supported under the award at issue would intend to focus.
A description of any regional partnerships the eligible entity plans to utilize with respect to such award.
With respect to an application that concerns the use or integration of artificial intelligence, a description of potential ethical concerns and implications of teacher, faculty, and student interactions with artificial intelligence.
A description of how proposed research on teaching models, tools, and materials was developed in consultation with other educators, academia, industry, government entities, or civil society organizations.
Such other information as the Director may require.
Awards described in paragraph (2)(A) shall be used by the recipient to—
emphasize preparing incoming K–12 teachers to integrate artificial intelligence into their classrooms in innovative ways; and
support research to develop, pilot, fully implement, or test areas, such as—
instructional materials and high-quality learning opportunities for teaching artificial intelligence;
models for the preparation of new teachers who will teach artificial intelligence;
scalable models of professional development and ongoing support for teachers; and
tools and models for teaching and learning aimed at supporting student success and inclusion in artificial intelligence across diverse populations, including low-income, rural, and Tribal populations.
In making awards under this subsection, the Director of the National Science Foundation shall carry out the following:
Encourage applicants that, for the purpose of the proposed activity or activities funded through such award, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in integrating artificial intelligence into K–12 classrooms.
Encourage applicants that, for the purpose of such proposed activity or activities, include commitments from school principals, other school leaders, or administrators to make a priority reforms and activities proposed by the applicant.
The Director of the National Science Foundation may establish a pilot program of regional cohorts in rural and traditionally underserved areas that will provide peer support, mentoring, and hands-on research experiences for educators, principals, and other school leaders of students in kindergarten through grade 12, in order to build a network allowing educators, principals, other school leaders to carry out the following:
Engage with one another on educational efforts related to teaching and using artificial intelligence.
Interact with researchers, academia, and local industry involved in artificial intelligence.
The Director of the National Science Foundation may carry out this subsection by making awards through new or existing programs, including the pilot program authorized under section 10511(a)(2)(B) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19172(a)(2)(B)).
Paragraph (6) of section 10311(c) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 18991(c)) is amended—
in subparagraph (F), by striking and
after the semicolon;
in subparagraph (G), by striking the period at the end and inserting a semicolon; and
by adding at the end the following new subparagraphs:
incorporating artificial intelligence skills development into the National STEM Teacher Corps; and
considering whether to develop artificial intelligence best practices for high school teachers, developed in consultation with other educators and academia.