§ 7224. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN GOVERNMENT.

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Guidance .— The Director shall, when developing the guidance required under section 104(a) of the AI in Government Act of 2020 (title I of division U of Public Law 116–260 ) [see note below], consider— the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled ‘Key Considerations for the Responsible Development and Fielding of AI’, as updated in April 2021; the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939 [ 40 U.S.C. 11301 note]; relating to promoting the use of trustworthy artificial intelligence in Government); and the input of— the Administrator of General Services; relevant interagency councils, such as the Federal Privacy Council, the Chief Financial Officers Council, the Chief Information Officers Council, and the Chief Data Officers Council; other governmental and nongovernmental privacy, civil rights, and civil liberties experts; academia; industry technology and data science experts; and any other individual or entity the Director determines to be appropriate.

Department Policies and Processes for Procurement and Use of Artificial Intelligence-enabled Systems .— Not later than 180 days after the date of enactment of this Act [ Dec. 23, 2022 ]— the Secretary of Homeland Security, with the participation of the Chief Procurement Officer, the Chief Information Officer, the Chief Privacy Officer, and the Officer for Civil Rights and Civil Liberties of the Department and any other person determined to be relevant by the Secretary of Homeland Security, shall issue policies and procedures for the Department related to— the acquisition and use of artificial intelligence; and considerations for the risks and impacts related to artificial intelligence-enabled systems, including associated data of machine learning systems, to ensure that full consideration is given to— the privacy, civil rights, and civil liberties impacts of artificial intelligence-enabled systems; and security against misuse, degradation, or rending inoperable of artificial intelligence-enabled systems; and the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department shall report to Congress on any additional staffing or funding resources that may be required to carry out the requirements of this subsection.

Inspector General .— Not later than 180 days after the date of enactment of this Act, the Inspector General of the Department shall identify any training and investments needed to enable employees of the Office of the Inspector General to continually advance their understanding of— artificial intelligence systems; best practices for governance, oversight, and audits of the use of artificial intelligence systems; and how the Office of the Inspector General is using artificial intelligence to enhance audit and investigative capabilities, including actions to— ensure the integrity of audit and investigative results; and guard against bias in the selection and conduct of audits and investigations.

Artificial Intelligence Hygiene and Protection of Government Information, Privacy, Civil Rights, and Civil Liberties.— Establishment .— Not later than 1 year after the date of enactment of this Act, the Director, in consultation with a working group consisting of members selected by the Director from appropriate interagency councils, shall develop an initial means by which to— ensure that contracts for the acquisition of an artificial intelligence system or service— align with the guidance issued to the head of each agency under section 104(a) of the AI in Government Act of 2020 (title I of division U of Public Law 116–260 ); address protection of privacy, civil rights, and civil liberties; address the ownership and security of data and other information created, used, processed, stored, maintained, disseminated, disclosed, or disposed of by a contractor or subcontractor on behalf of the Federal Government; and include considerations for securing the training data, algorithms, and other components of any artificial intelligence system against misuse, unauthorized alteration, degradation, or rendering inoperable; and address any other issue or concern determined to be relevant by the Director to ensure appropriate use and protection of privacy and Government data and other information.

Consultation .— In developing the considerations under paragraph (1)(A)(iv), the Director shall consult with the Secretary of Homeland Security, the Secretary of Energy, the Director of the National Institute of Standards and Technology, and the Director of National Intelligence. Review .— The Director— should continuously update the means developed under paragraph (1); and not later than 2 years after the date of enactment of this Act and not less frequently than every 2 years thereafter, shall update the means developed under paragraph (1).

Briefing .— The Director shall brief the appropriate congressional committees— not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Director first implements the means developed under paragraph (1); and annually thereafter on the implementation of this subsection. Sunset .— This subsection shall cease to be effective on the date that is 5 years after the date of enactment of this Act.

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