Sec. 205. Office of Management and Budget oversight of recommendations to agencies
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Not later than 1 year after the date of enactment of this Act, the Under Secretary shall submit to the Director, the head of each covered agency, and the appropriate congressional committees each NIST recommendation. Not later than 90 days after the date on which the Under Secretary submits a NIST recommendation to the head of a covered agency under paragraph (1), the head of the covered agency shall transmit to the Director a formal written response to the NIST recommendation that— indicates whether the head of the covered agency intends to— carry out procedures to adopt the complete NIST recommendation; carry out procedures to adopt a part of the NIST recommendation; or refuse to carry out procedures to adopt the NIST recommendation; and includes— with respect to a formal written response described in clause
(i)or
(ii)of subparagraph (A), a copy of a proposed timetable for completing the procedures described in that clause; with respect to a formal written response described in subparagraph (A)(ii), the reasons for the refusal to carry out procedures with respect to the remainder of the NIST recommendation described in that subparagraph; and with respect to a formal written response described in subparagraph (A)(iii), the reasons for the refusal to carry out procedures. The Director shall make a copy of each NIST recommendation and each written formal response of a covered agency required under subsection (a)(2) available to the public at reasonable cost. On the first February 1 occurring after the date of enactment of this Act, and annually thereafter until the date described in subparagraph (B), the head of each covered agency shall submit to the Director a report containing the regulatory status of each NIST recommendation. The date described in this subparagraph is the date on which the head of a covered agency— takes final regulatory action with respect to a NIST recommendation; and determines and states in a report required under subparagraph
(A)that no regulatory action should be taken with respect to a NIST recommendation. On April 1 of each year, the Director shall— review the reports received under paragraph (1)(A); and transmit comments on the reports to the heads of covered agencies and the appropriate congressional committees. If, on March 1 of each year, the Director has not received a report required under paragraph (1)(A) from the head of a covered agency, the Director shall notify the appropriate congressional committees of the failure. The Under Secretary shall provide assistance to the heads of covered agencies relating to the implementation of the NIST recommendations the heads of covered agencies intend to carry out. The Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, in consultation with the Under Secretary, shall develop and periodically revise performance indicators and measures for sector-specific regulation of artificial intelligence.