Sec. 5. Interagency governance of artificial intelligence

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Not later than 60 days after the date of enactment of this Act, the Director shall establish a Chief Artificial Intelligence Officers Council. The duties of the Council shall include— coordinating agency development and use of artificial intelligence in agency programs and operations, including practices relating to the design, operation, risk management, and performance of artificial intelligence; sharing experiences, ideas, best practices, and innovative approaches relating to artificial intelligence; and assisting the Director, as necessary, with respect to— the identification, development, and coordination of multi-agency projects and other initiatives, including initiatives to improve Government performance; the management of risks relating to developing, obtaining, or using artificial intelligence, including by developing a common template to guide agency Chief Artificial Intelligence Officers in implementing a risk classification system that may incorporate best practices, such as those from— the most recently updated version of the framework developed and updated pursuant to section 22A(c) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278h–1(c) ); and the report published by the Government Accountability Office entitled Artificial Intelligence:

An Accountability Framework for Federal Agencies and Other Entities (GAO–21–519SP), published on June 30, 2021; promoting the development and use of efficient, effective, common, shared, or other approaches to key processes that improve the delivery of services for the public; and soliciting and providing perspectives on matters of concern, including from and to— interagency councils; Federal Government entities; private sector, public sector, nonprofit, and academic experts;

State, local, Tribal, territorial, and international governments; and other individuals and entities, as determined relevant by the Council. The Council shall have 2 co-chairs, which shall be— the Director; and an individual selected by a majority of the members of the Council. Other members of the Council shall include— the Chief Artificial Intelligence Officer of each agency; and the senior official for artificial intelligence of the Office of Management and Budget. The Council shall have the authority to establish standing committees, including an executive committee, and working groups.

The Council may enter into an interagency agreement with the Administrator of General Services for shared services for the purpose of staffing the Council. Not later than 90 days after the date of enactment of this Act, the Director, in consultation with the Council, shall issue guidance relating to— developments in artificial intelligence and implications for management of agency programs; the agency impact assessments described in section 8(a) and other relevant impact assessments as determined appropriate by the Director, including the appropriateness of substituting pre-existing assessments, including privacy impact assessments, for purposes of an artificial intelligence impact assessment; documentation for agencies to require from deployers of artificial intelligence; a model template for the explanations for use case risk classifications that each agency must provide under section 8(a)(4); and other matters, as determined relevant by the Director.

The Director, in consultation with the Council, shall periodically, but not less frequently than annually, review and update, as needed, the guidelines issued under paragraph (1). Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Council, shall develop procedures for ensuring that— adverse incidents involving artificial intelligence procured, obtained, or used by agencies are reported promptly to the agency by the developer or deployer, or to the developer or deployer by the agency, whichever first becomes aware of the adverse incident; and information relating to an adverse incident described in subparagraph

(A)is appropriately shared among agencies. Adverse incidents also qualifying for incident reporting under section 3554 of title 44, United States Code, or other relevant laws or policies, may be reported under such other reporting requirement and are not required to be additionally reported under this subsection. If an adverse incident is discovered by an agency, the agency shall report the adverse incident to the deployer and the deployer, in consultation with any relevant developers, shall take immediate action to resolve the adverse incident and mitigate the potential for future adverse incidents. Unless otherwise required by law, the head of an agency may issue a written waiver that waives the applicability of some or all of the requirements under subparagraph (A), with respect to a specific adverse incident. A written waiver under clause

(i)shall include justification for the waiver. The head of an agency shall forward advance notice of any waiver under this subparagraph to the Director, or the designee of the Director.

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15 USC 278h–1(c)

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Sec. 5

Interagency governance of artificial intelligence

Cite15 USC 278h–1(c)

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