119th CONGRESS 2d Session |
To make certain improvements relating to artificial intelligence, and for other purposes.
April 27, 2026
Mr. Lieu (for himself and Mr. Obernolte) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Energy and Commerce, Agriculture, Oversight and Government Reform, Education and Workforce, the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To make certain improvements relating to artificial intelligence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “American Leadership in AI Act”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 101. Center for AI Standards and Innovation.
Sec. 111. Definitions.
Sec. 112. United States participation in organizations developing standards and specifications for artificial intelligence and other critical and emerging technologies.
Sec. 113. Pilot program to support standards meetings for artificial intelligence and other critical and emerging technologies in the United States.
Sec. 121. Research on development best practices by the National Institute of Standards and Technology.
Sec. 201. National Artificial Intelligence Research Resource.
Sec. 211. National Artificial Intelligence Research Resource pilot program.
Sec. 221. Prize competitions for artificial intelligence research and development.
Sec. 231. Grants to perform research regarding the use of generative artificial intelligence in health care.
Sec. 241. Department of Agriculture and National Science Foundation research and development coordination.
Sec. 251. Department of Energy artificial intelligence research program.
Sec. 301. Federal standards for artificial intelligence.
Sec. 311. Definitions.
Sec. 312. Chief Artificial Intelligence Officers Council.
Sec. 313. Agency artificial intelligence officers.
Sec. 314. Agency coordination on artificial intelligence.
Sec. 315. GAO reports.
Sec. 316. Post-enactment guidance from the Director.
Sec. 317. Sunset.
Sec. 321. Activities to support voluntary vulnerability and incident tracking associated with artificial intelligence.
Sec. 401. AI Workforce Research Hub.
Sec. 411. Resources for small businesses to utilize artificial intelligence.
Sec. 501. Civil action relating to disclosure of intimate images.
Sec. 502. Severability; rule of construction.
Sec. 511. Financial crimes and artificial intelligence.
Sec. 512. AI impersonation of Federal officials.
Sec. 521. Definitions.
Sec. 522. Anti-retaliation protection for AI whistleblowers.
Sec. 601. AI literacy efforts of the AI Task Force.
Sec. 611. Employee cybersecurity education.
Sec. 612. Cybersecurity training incentive for Government contracts.
Sec. 621. Preparing K–12 educators and students for an AI literate future.
Sec. 631. Expanding capacity in artificial intelligence science.
Sec. 641. Scholarships and fellowships in artificial intelligence.
Sec. 642. Community college and area career and technical educational school centers of AI excellence.
Sec. 643. Awards for research on artificial intelligence in education.
Sec. 644. National STEM Teacher Corps.
(a) Definitions.—Section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401; as enacted as part of division E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021; Public Law 116–283) is amended—
(1) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), and (11) as paragraphs (6), (8), (9), (10), (11), (12), (13), and (14), respectively;
(2) by inserting after paragraph (3) the following new paragraphs:
“(4) ARTIFICIAL INTELLIGENCE RED TEAMING.—The term ‘artificial intelligence red teaming’ means a structured testing in a controlled environment simulating real-world conditions, using adversarial methods to find flaws and vulnerabilities in an artificial intelligence system and identify risks, flaws, and vulnerabilities of artificial intelligence systems, such as harmful outputs from such system, unforeseen or undesirable system behaviors, limitations, and potential risks associated with the misuse of such system.
“(5) ARTIFICIAL INTELLIGENCE SYSTEM.—The term ‘artificial intelligence system’—
“(A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, whether—
“(i) the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
“(ii) artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and
“(B) does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.”; and
(3) by inserting after paragraph (6), as so redesignated, the following new paragraph:
“(7) FEDERAL LABORATORY.—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).”.
(b) Establishment.—Title LIII of division E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4523) is amended by adding at the end the following new section:
“SEC. 5304. Center for AI Standards and Innovation.
“(1) IN GENERAL.—Subject to the availability of appropriations, the Director of the National Institute of Standards and Technology (in this section referred to as the ‘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.
“(2) PURPOSES.—The purposes of the Center are as follows:
“(A) To advance the measurement science for artificial intelligence reliability, robustness, resilience, security, and safety.
“(B) 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).
“(C) To collaborate with the private sector, standards development organizations, civil society, and Federal agencies in supporting the development of voluntary best practices and technical standards for evaluating the reliability, robustness, resilience, security, and safety-related challenges and remediations of artificial intelligence systems.
“(D) To increase the understanding of State, local, and Tribal governments, institutions of higher education, private sector entities, and the public of the reliability, robustness, resilience, security, and safety-related challenges and remediations of artificial intelligence.
“(3) DIRECTOR.—The Director or appropriate designee shall serve as the Director of the Center.
“(4) CONSULTATION AND COORDINATION.—In establishing the Center, the Director shall—
“(i) the Director of the National Science Foundation;
“(ii) the Director of the Office of Science and Technology Policy;
“(iii) the Secretary of Energy;
“(iv) the Secretary of Defense; and
“(v) the Secretary of Homeland Security; and
“(B) consult with the heads of such other Federal agencies as the Director considers appropriate.
“(5) ACTIVITIES.—The activities of the Center may include the following:
“(A) Conducting evaluations and benchmarking of the capabilities and limitations of artificial intelligence over time.
“(B) Conducting measurement research to inform the development of recommended best practices, benchmarks, methodologies, procedures, voluntary consensus-based technical standards, and other resources for the evaluation and assurance of reliable, robust, resilient, secure, and safe artificial intelligence systems and reduce the risk of the misuse of such systems, including relating to the following:
“(i) Common definitions and characterizations for aspects of artificial intelligence reliability, robustness, resiliency, security, and safety, and the measurement of such that are applicable across many sectors and use cases.
“(ii) The reliability, robustness, resilience, security, and safety of artificial intelligence systems and use cases, including the ability for such systems to withstand unexpected inputs and adversarial attacks.
“(iii) Testing, evaluation, validation, and verification methods for risk management, including measurement of and assurance for accuracy, transparency, reliability, security, verifiability, and safety throughout the lifecycle of artificial intelligence systems, including through artificial intelligence red teaming.
“(iv) Reference use cases for artificial intelligence systems and criteria for assessing safety risk in each such use case.
“(C) Providing to relevant Federal agencies and National Institute of Standards and Technology laboratories, as appropriate, input and support for artificial intelligence risk management regarding reliability, robustness, resilience, security, and safety-related topics.
“(D) Engaging with, or supporting the engagement of the United States Government with, international standards organizations, multilateral organizations, and organizations and topically relevant bodies among allies and partners to support international collaboration with respect to activities described in this paragraph.
“(E) As appropriate, and in coordination with ongoing National Institute of Standards and Technology activities, coordinating Federal research, development, demonstration, and standards engagement related to artificial intelligence reliability, robustness, resilience, security, and safety.
“(6) REQUIREMENTS.—In carrying out the activities described in paragraph (5), the Director shall carry out the following:
“(A) Support research that assesses and mitigates reliability, robustness, resilience, security, and safety risks of artificial intelligence systems across several timescales, including demonstrable safety risks that arise from the use and misuse of such systems.
“(B) Assess scenarios in which such systems could be deployed to create risks for economic or national security.
“(C) Leverage computing resources, access to open datasets, open source software, and other resources from industry, the government, nonprofit organizations (as such term is defined in section 201 of title 35, United States Code), Federal laboratories, and institutions of higher education to advance the mission of the Center, as appropriate.
“(D) Leverage existing Federal investments to advance the mission of the Center.
“(E) Avoid unnecessary duplication with National Institute of Standards and Technology laboratory activities authorized under section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1).
“(7) REPORT.—For each fiscal year beginning with fiscal year 2027, not later than 90 days after the President submits a budget for such fiscal year pursuant to section 1105 of title 31, United States Code, 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 that includes the following:
“(A) A summarized budget in support of the Center for such fiscal year.
“(B) A description of the goals, priorities, and metrics for guiding and evaluating the activities of the Center.
“(b) Establishment of consortium.—
“(1) IN GENERAL.—The Director shall establish a consortium (in this section referred to as the ‘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:
“(A) The Center, in carrying out the activities specified in subsection (a)(5).
“(B) The National Institute of Standards and Technology in carrying out section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1).
“(2) GOALS.—In addition to supporting the Center in carrying out activities under subsection (a)(5), the goals of the Consortium are the following:
“(A) To evaluate the needs of stakeholders, including industry and civil society.
“(B) 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.
“(3) REPORT.—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.
“(c) Scientific integrity.—The Director shall ensure the Center, Consortium, and staff adhere to policies and procedures established pursuant to section 1009 of the America COMPETES Act (42 U.S.C. 6620), including by providing mechanisms for an employee or associate of the National Institute of Standards and Technology, a member of the Consortium, a private sector entity, researcher, or student affiliated with the Center or Consortium, an employee of an agency working with the Center, or a member of the public to report violations of such policies by confidential and anonymous means.
“(d) Security.—This section shall be carried out in accordance with the provision of subtitle D of title VI of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19231 et seq.; enacted as part of division B of Public Law 117–167) and section 223 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (42 U.S.C. 6605).
“(e) Limitation.—Information shared by an entity with, or provided to, the Director for the purpose of the activities described in this section may not be used by any Federal, State, local, or Tribal department or agency to regulate the activity of such entity.
“(f) Prohibitions.—Nothing in this section may be construed to—
“(1) provide the Director any enforcement authority that was not in effect on the day before the date of the enactment of this section;
“(2) confer any regulatory authority to any Federal, State, Tribal, or local department or agency;
“(3) require any private sector entity to share data, including proprietary information, with the Director, the Center, or the Consortium; or
“(4) modify any regulatory requirement to report or submit information to a Federal, State, Tribal or local department or agency.
“(g) Sunset.—This section shall terminate on the date that is six years after the date of the enactment of this section.
“(h) Authorization of appropriations.—There is to be authorized to be appropriated to the Director $10,000,000 for fiscal year 2027 to carry out this section.”.
(c) Hiring critical technical experts update.—Subsection (c) of section 6 of the National Institute of Standards and Technology Act (15 U.S.C. 275) is amended by striking “section (b) shall expire on the date that is 5 years” and inserting “subsection (b) shall expire on the date that is 7 years”.
(d) Clerical amendments.—The tables of contents in section 2(b) and title LIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 are amended by inserting after the items relating to section 5303 the following new items:
“Sec. 5304. Center for AI Standards and Innovation.”.
In this subtitle:
(1) COVERED ARTIFICIAL INTELLIGENCE AND OTHER CRITICAL AND EMERGING TECHNOLOGIES.—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.
(2) DIRECTOR.—The term “Director” means the Director of the National Institute of Standards and Technology.
(1) IN GENERAL.—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.
(2) INTERAGENCY CONSULTATION.—In preparing the briefing required by paragraph (1), the Director shall consult with the heads of such Federal agencies as the Director considers relevant.
(3) ELEMENTS.—The briefing provided pursuant to paragraph (1) shall include the following:
(A) An overview of standards activities relating to artificial intelligence and other critical and emerging technologies and information about the following:
(i) Key technical standards that are the subject of ongoing activity.
(ii) Key standards bodies hosting these activities.
(iii) Any Federal agency that is participating in these activities.
(B) 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.
(C) 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.
(4) FEDERAL AGENCY NOTICE REQUIREMENT.—
(A) IN GENERAL.—Using the mechanism established pursuant to subparagraph (B), each head of a Federal agency shall transmit to the Director notice of the participation of their respective Federal agency in a standards activity relating to artificial intelligence and other critical and emerging technologies.
(B) MECHANISM.—The Director shall, in coordination with the Director of the Office of Management and Budget, develop a mechanism for reporting participation by Federal agencies in standards activities.
(1) IN GENERAL.—In order to inform United States industry and Federal agencies about existing and ongoing international efforts to develop technical standards for artificial intelligence and other critical and emerging technologies and opportunities for participation in such efforts, the Director shall establish an accessible web portal to help such industry and agencies navigate and participate in such efforts.
(2) CONTENTS.—The web portal established pursuant to paragraph (1) shall include regularly updated lists of the following:
(A) International efforts described in paragraph (1) and information on opportunities for participation in such efforts.
(B) Information on accessing standards, both in development and published, for artificial intelligence and other critical and emerging technologies.
(3) ADMINISTRATION.—The Director may inter into such cooperative agreements with such nongovernmental organizations as the Director considers appropriate to establish the web portal required by paragraph (1).
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, and subject to the availability of appropriated funds, the Director shall, in coordination with the heads of such other Federal agencies as the Director considers appropriate, establish a pilot program on supporting standards meetings for artificial intelligence and other critical and emerging technologies in the United States by awarding grants to eligible entities described in subsection (b) hosting meetings of organizations described in paragraph (1) of such subsection to support the hosting of such meetings in the United States.
(2) ADMINISTRATION.—The Director may carry out the pilot program required by paragraph (1) by entering into such cooperative agreements with such nongovernmental organizations as the Director considers appropriate to establish and administer the pilot program.
(b) Eligible entities.—For purposes of the pilot program required by subsection (a), an eligible entity is—
(1) 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
(2) an entity that hosts an organization described in paragraph (1).
(1) IN GENERAL.—In carrying out the pilot program required by subsection (a), the Director shall award grants to eligible entities to host meetings as described in such subsection.
(2) USE OF FUNDS.—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:
(A) Costs related to the preparation and planning of meetings described in subsection (a).
(B) Meeting venue-related expenses.
(C) Such other costs that may support the eligible entity in conducting a standards meeting in the United States.
(3) CONSIDERATIONS.—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—
(A) 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;
(B) has a demonstrable history of participating in or hosting successful meetings; and
(C) has a stable or growing participant base.
(1) IN GENERAL.—The Director shall develop and periodically update guidance for the pilot program carried out under this section.
(2) ELEMENTS.—The guidance developed and updated pursuant to paragraph (1) shall cover the following:
(A) Eligibility for grants awarded under the pilot program.
(B) How grants are awarded under subsection (c).
(C) The duration and amounts of grants awarded under subsection (c).
(D) The merit review process for the pilot program.
(E) Priority areas for technical standards activity.
(F) Means for recipients of grants under the pilot program to report expenses relating to other costs described in subsection (c)(2)(C).
(G) Such additional matters as the Director determines appropriate for purposes of the pilot program.
(1) IN GENERAL.—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.
(2) ELEMENTS.—Each briefing provided pursuant to paragraph (1) shall include the following:
(A) An assessment of the effectiveness of the pilot program with respect to improving the hosting of standards meetings in the United States.
(B) Identification of the recipients of grants under the pilot program.
(C) The geographic distribution of attendees at meetings supported with grants under the pilot program.
(D) A summary of the expenses for which the amounts of grants awarded under the pilot program were used.
(f) Recommendations for permanent implementation.—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—
(1) develop recommendations for such legislative or administrative action as the Director considers appropriate to establish a permanent implementation of the pilot program; and
(2) submit to Congress the recommendations developed pursuant to paragraph (1).
(g) Termination.—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.
(h) Authorization of appropriations.—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—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection:
“(h) Assessment of the practices of artificial intelligence development.—
“(1) IN GENERAL.—The Director of the National Institute of Standards and Technology (in this subsection referred to as the ‘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:
“(A) Define methods and guidelines for developing reasonable risk tolerances for various use cases of artificial intelligence systems based on the following:
“(i) The risks associated with the intended and unintended applications, use cases, and outcomes of the artificial intelligence system at issue, based on the guidelines specified in the voluntary risk management framework for trustworthy artificial intelligence systems, or successor framework, authorized under subsection (c), which may include different categories of risk, such as the following:
“(I) Security risks, including threats to national security.
“(II) Economic risks, including threats to economic opportunities.
“(III) Social risks, including infringement upon constitutional rights, privileges, or liberties.
“(ii) Such other factors as the Director determines appropriate and consistent with this subsection.
“(B) Categorize and list practices and norms for communicating relevant characteristics, including robustness, resilience, security, safety, fairness, privacy, validation, reliability, accountability, and usability, of artificial intelligence systems, and including any characteristics identified by the voluntary risk management framework for trustworthy artificial intelligence systems, or successor framework, authorized under subsection (c). Such practices and norms may relate to the following:
“(i) 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.
“(ii) 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.
“(iii) Evaluation of benchmarks for multi-metric assessments, such as an assessment of an appropriate combination of robustness, resilience, security, safety, fairness, privacy, accuracy, validity, reliability, accountability, usability, transparency, efficiency, and calibration, and any characteristics identified by the voluntary risk management framework for trustworthy artificial intelligence systems, or successor framework, authorized under subsection (c).
“(iv) Metrics and methodologies for evaluations of artificial intelligence systems, such as establishing evaluation datasets.
“(v) Public reporting of artificial intelligence systems’ capabilities, limitations, and possible areas of appropriate and inappropriate use.
“(vi) Disclosure of security practices, such as artificial intelligence red teaming and third-party assessments, that were used in the development of an artificial intelligence system.
“(vii) How to release to the public components of an artificial intelligence system or information about an artificial intelligence system, including aspects of the model, associated training data, and license agreements.
“(viii) Approaches and channels for collaboration and knowledge-sharing of best practices across industry, governments, civil society, and academia.
“(ix) Such other categories as the Director determines appropriate and consistent with this subsection.
“(C) For each practice and norm categorized and listed in accordance with subparagraph (B), provide recommendations and practices for utilizing such practice or norm.
“(2) IMPLEMENTATION.—In conducting the Director’s duties under paragraph (1), the Director shall carry out the following:
“(A) Update the voluntary risk management framework for trustworthy artificial intelligence systems, or successor framework, authorized under subsection (c) as the Director determines appropriate.
“(B) Ensure that voluntary guidance developed in paragraph (1) is based on international standards and industry best practices to the extent possible and practical.
“(C) Not prescribe or otherwise require the use of specific information or communications technology products or services.
“(D) 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.
“(3) REPORT.—In conducting the Director’s duties under paragraph (1), the Director shall, not later than 18 months after the date of the enactment of this subsection, brief the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the following:
“(A) New or updated materials, programs, or systems that were produced as a result of carrying out this subsection.
“(B) 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.
“(4) ARTIFICIAL INTELLIGENCE RED TEAMING DEFINED.—In this subsection, the term ‘artificial intelligence red teaming’ means a structured testing of adversarial efforts to find flaws and vulnerabilities in an artificial intelligence system and identify risks, flaws, and vulnerabilities of artificial intelligence systems, such as harmful outputs from such system, unforeseen or undesirable system behaviors, limitations, and potential risks associated with the misuse of such system.”.
(a) NAIRR steering subcommittee.—Section 5103 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 9413) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
“(e) NAIRR Steering Subcommittee.—
“(1) DEFINITION.—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.
“(2) ESTABLISHMENT.—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’).
“(3) CHAIR AND ASSISTANT CHAIRS.—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.
“(4) MEMBERSHIP.—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—
“(A) have substantial expertise;
“(B) have substantially funded or conducted artificial intelligence research and development; or
“(C) have some other significant relationship with the NAIRR.
“(5) CHANGES TO NAIRR STEERING SUBCOMMITTEE COMPOSITION.—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.
“(6) SUBCOMMITTEES AND WORKING GROUPS.—The NAIRR Steering Subcommittee may establish subcommittees, working groups, or other permanent or temporary bodies of certain members of the NAIRR Steering Subcommittee.
“(7) DUTIES.—The NAIRR Steering Subcommittee shall—
“(A) coordinate with the National Science Foundation and the Program Management Office to—
“(i) oversee and approve the operating plan for the NAIRR;
“(ii) review the budget for the NAIRR;
“(iii) develop and release a request for proposals to solicit bids for the Operating Entity, including establishing the terms and conditions and functions of the Operating Entity; and
“(iv) develop and release funding opportunities for resources of the NAIRR;
“(B) 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;
“(C) 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;
“(D) define key performance indicators for the NAIRR, in conjunction with the Program Management Office and any relevant Advisory Committees established under section 5602(c);
“(E) evaluate NAIRR performance against the key performance indicators defined under subparagraph (D) on a periodic basis and not less frequently than once every year;
“(F) 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—
“(i) a summary of the results of the evaluation conducted under subparagraph (E); and
“(ii) any recommendations for changes to the NAIRR; and
“(G) oversee a periodic independent assessment of the NAIRR.
“(8) PROVISION OF RESOURCES 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.”.
(b) In general.—The National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401 et seq.) is amended by adding at the end the following:
“Sec. 5601. Definitions.
“Sec. 5602. Establishment; governance.
“Sec. 5603. Resources of the NAIRR.
“Sec. 5604. NAIRR processes and procedures.
“Sec. 5605. NAIRR funding.
“In this title:
“(1) ADVISORY COMMITTEE.—The term ‘Advisory Committee’ means any Advisory Committee established under section 5602(c).
“(2) AI TESTBED.—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)).
“(3) EXECUTIVE AGENCY.—The term ‘Executive agency’ has the meaning given such term in section 105 of title 5, United States Code.
“(4) NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH RESOURCE; NAIRR.—The terms ‘National Artificial Intelligence Research Resource’ and ‘NAIRR’ have the meaning given the term ‘National Artificial Intelligence Research Resource’ in section 5106(g).
“(5) OPERATING ENTITY.—The term ‘Operating Entity’ means the Operating Entity selected by the Program Management Office as described in section 5602(b)(3)(A).
“(6) PROGRAM MANAGEMENT OFFICE.—The term ‘Program Management Office’ means the Program Management Office established under section 5602(b).
“(7) RESOURCE OF THE NAIRR.—The term ‘resource of the NAIRR’ means a resource described in section 5603(b).
“(8) NAIRR STEERING SUBCOMMITTEE.—The term ‘NAIRR Steering Subcommittee’ means the NAIRR Steering Subcommittee established under section 5103(e).
“(9) STEM.—The term ‘STEM’ means science, technology, engineering, and mathematics, including computer science.
“(a) Establishment.—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—
“(1) spur innovation and advance the development of artificial intelligence to stimulate cutting-edge research and propel the strategic development of artificial intelligence capabilities;
“(2) improve access to artificial intelligence resources for researchers and students of artificial intelligence;
“(3) improve capacity for artificial intelligence research in the United States; and
“(4) support the testing, benchmarking, and evaluation of artificial intelligence systems developed and deployed in the United States.
“(b) Program Management Office.—
“(1) ESTABLISHMENT.—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.
“(A) IN GENERAL.—The head of the Program Management Office may identify staff and direct all employees of the Program Management Office, in accordance with the applicable provisions of title 5, United States Code.
“(B) REPRESENTATION AND REQUIREMENTS.—The staff of the Program Management Office—
“(i) may include representation from other Federal agencies providing support for NAIRR resources; and
“(ii) shall include not fewer than three full-time employees.
“(3) DUTIES.—The duties of the Program Management Office shall include—
“(A) in coordination with the NAIRR Steering Subcommittee and any relevant Advisory Committee as appropriate—
“(i) developing the funding opportunity and soliciting bids for the Operating Entity, which will be responsible for operation of the National Artificial Intelligence Research Resource;
“(ii) 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;
“(iii) overseeing compliance with the contractual obligations of the Operating Entity;
“(iv) establishing evaluation criteria for the NAIRR;
“(v) overseeing asset allocation and utilization;
“(vi) identifying an external independent evaluation entity;
“(vii) 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);
“(viii) developing multi-agency funding opportunities for the selection of NAIRR resources; and
“(ix) coordinating resource contributions from participating Federal agencies; and
“(B) delegating, with appropriate oversight, operational tasks to the Operating Entity, including—
“(i) coordinating the provisioning of resources of the NAIRR;
“(ii) maintaining a portal and associated services for users to access resources of the NAIRR;
“(iii) developing policies and procedures for the NAIRR;
“(iv) 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;
“(v) continually modernizing NAIRR infrastructure;
“(vi) recommending key performance indicators for the NAIRR, in coordination with the NAIRR Steering Subcommittee and any relevant Advisory Committee;
“(vii) publishing publicly available annual reports reviewing the performance of the NAIRR, the resources of the NAIRR, and the NAIRR governance structures;
“(viii) 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;
“(ix) facilitating connections to AI testbeds; and
“(x) 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.
“(c) Advisory Committees.—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.
“(a) In general.—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—
“(1) coordinate and provision resources of the NAIRR;
“(2) 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;
“(3) establish policies on and review resources of the NAIRR for concerns related to ethics and privacy;
“(4) retire resources of the NAIRR no longer available or needed; and
“(5) 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.
“(b) Resources of the NAIRR.—The NAIRR shall offer resources that include, at a minimum, all of the following, subject to the availability of appropriations:
“(1) A mix of computational resources, including—
“(A) on-premises, cloud-based, hybrid, and emergent resources;
“(B) public cloud providers providing access to popular computational and storage services for NAIRR users;
“(C) an open source software environment for the NAIRR;
“(D) an application programming interface providing structured access to artificial intelligence models; and
“(E) other types of computational resources.
“(A) (i) 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
“(ii) selecting and developing, through a competitive bidding process, data repositories to be available to NAIRR users;
“(B) establishing acceptable criteria for datasets used as resources of the NAIRR;
“(C) identifying and providing access to existing curated datasets of value and interest to the NAIRR user community;
“(D) establishing an artificial intelligence open data commons to facilitate community sharing and curation of data, code, and models;
“(E) 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
“(F) other types of computational resources.
“(3) Educational tools and services, including by—
“(A) facilitating and curating educational and training materials;
“(B) providing technical training and user support; and
“(C) providing targeted outreach and programming strategies to increase participation in STEM fields.
“(4) AI testbeds, including by—
“(A) 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
“(B) developing a comprehensive catalog of open AI testbeds.
“(1) ELIGIBLE USERS.—Subject to paragraph (3), the following users shall be eligible for access to the NAIRR:
“(A) A researcher, educator, or student based in the United States that is affiliated with an entity described in paragraph (2).
“(B) An employee of an entity described in clause (iii) or (iv) of paragraph (2)(B) with a demonstrable mission-need.
“(2) ENTITIES DESCRIBED.—An entity described in this paragraph is an entity that satisfies the following:
“(A) Is based in the United States.
“(i) An institution of higher education.
“(ii) 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)).
“(iii) An Executive agency.
“(iv) A federally funded research and development center.
“(v) 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)).
“(vi) 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.
“(vii) A consortium composed of entities described in clauses (i) through (vi).
“(A) IN GENERAL.—No individual is authorized to be an eligible user under paragraph (1) if the individual is employed by a foreign country that is listed in section 4872(f)(2) of title 10, United States Code, or is otherwise authorized by such country to act for or on its behalf.
“(B) ENFORCEMENT.—The Director of the National Science Foundation shall ensure that individuals authorized as eligible users meet the requirements of subparagraph (A).
“(b) Privacy, ethics, civil rights and civil liberties, safety, and trustworthiness.—
“(A) REQUIREMENTS.—The head of the Program Management Office, acting through the Director of the Operating Entity and in consultation with any relevant Advisory Committee, shall establish requirements, a review process for applications, and a process for auditing resources of the NAIRR and research conducted using resources of the NAIRR on matters related to privacy, ethics, safety, security, and trustworthiness of artificial intelligence systems developed using resources of the NAIRR.
“(B) FEDERAL STATISTICAL DATA.—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.
“(2) CONSISTENCY.—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.
“(3) AVAILABILITY.—The head of the Program Management Office, acting through the Director of the Operating Entity, shall—
“(A) 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;
“(B) 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
“(C) 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.
“(1) IN GENERAL.—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—
“(A) 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
“(B) 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.
“(2) CONSISTENCY WITH GOVERNMENT POLICIES ON SCIENTIFIC INTEGRITY.—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—
“(A) the Presidential memorandum entitled ‘Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking’, dated January 27, 2021, or successor document; and
“(B) reports produced pursuant to such Presidential memorandum (including the reports entitled ‘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).
“(d) System security and user access controls.—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—
“(1) 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
“(2) may establish tiers of security requirements and user access controls beyond the minimum requirements relative to security risks.
“(e) Fee schedule.—The head of the Program Management Office, acting through the Director of the Operating Entity, may establish a fee schedule for access to the NAIRR. Fees charged under this subsection may be retained and used for the purposes of this title. The Operating Entity may only charge fees in such fee schedule. Such fee schedule—
“(1) may differ by type of eligible user and type of affiliated entity described in subsection (a);
“(2) shall include a free tier of access based on appropriated funds and anticipated costs and demand;
“(3) 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
“(4) shall ensure that the primary purpose of the NAIRR is to support research.
“(f) Research security.—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—
“(1) 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
“(2) 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.”.
(c) Conforming amendments.—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:
“Sec. 5601. Definitions.
“Sec. 5602. Establishment; governance.
“Sec. 5603. Resources of the NAIRR.
“Sec. 5604. NAIRR processes and procedures.
“Sec. 5605. NAIRR funding.”.
(a) Partnerships.—As part of the National Artificial Intelligence Research Resource pilot program (in this section referred to as the “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.
(b) Connection.—The Director shall ensure the Program is operationally capable of connecting researchers and educators in the United States to critical AI resources.
(a) Definitions.—In this section:
(1) DIRECTOR.—Except as otherwise expressly provided, the term “Director” means the Director of the National Science Foundation.
(2) NONPROFIT ORGANIZATION.—The term “nonprofit organization” has the meaning given such term in section 201 of title 35, United States Code.
(b) Establishment of program.—
(1) IN GENERAL.—Not later than 12 months after the date of enactment of this Act, the Director, in coordination with the Interagency Committee established under section 5103 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9413), shall establish a program (in this section referred to as the “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:
(A) National security.
(B) Cybersecurity.
(C) Health.
(D) Energy.
(E) Environment.
(F) Transportation.
(G) Agriculture and rural development.
(H) Education and workforce training.
(I) Manufacturing.
(J) Space and aerospace.
(K) Quantum computing, including molecular modeling and simulation.
(L) Materials science.
(M) Supply chain resilience.
(N) Disaster preparedness.
(O) Natural resources management.
(P) Cross cutting challenges in artificial intelligence, including robustness, interpretability, explainability, transparency, safety, privacy, content provenance, and bias mitigation.
(2) ROTATORS.—Participants in the Rotator Program of the National Science Foundation may support the development and implementation of the AI Grand Challenges Program.
(c) Grand challenges selection and grand challenges information.—
(A) CONSULTATION ON IDENTIFICATION AND SELECTION.—The Director shall consult with the Director of the Office of Science and Technology Policy, the Director of the National Institute of Standards and Technology, the Director of the Defense Advanced Research Projects Agency, the heads of relevant Federal agencies, and the National Artificial Intelligence Advisory Committee to identify and select artificial intelligence research and development grand challenges in which eligible participants will compete to solve or advance for prize awards under subsection (b).
(B) PUBLIC INPUT ON IDENTIFICATION.—The Director shall also seek public input on the identification of artificial intelligence research and development grand challenges.
(2) PROBLEM STATEMENTS; SUCCESS METRICS.—For each grand challenge selected under paragraph (1) and the grand challenge under paragraph (3), the Director shall—
(A) 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
(B) 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.
(3) GRAND CHALLENGE FOR ARTIFICIAL INTELLIGENCE-ENABLED CANCER BREAKTHROUGHS.—
(A) REQUIRED 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.
(B) PRIZE AMOUNT.—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.
(4) AMBITIOUS AND ACHIEVABLE GOALS.—Grand challenges selected under paragraph (1) and the grand challenge under paragraph (3) shall be ambitious but achievable goals that utilize science, technology, and innovation to solve or advance solutions to problems to benefit the United States.
(d) Additional consultation.—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).
(1) IN GENERAL.—The Director shall develop requirements for—
(A) the prize competition process, including eligibility criteria for participants, consistent with the requirements under paragraph (2); and
(B) testing, judging, and verification procedures for submissions to receive a prize award under the AI Grand Challenges Program.
(2) ELIGIBILITY REQUIREMENT AND JUDGING.—
(A) ELIGIBILITY.—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—
(i) that is a private entity shall be incorporated in and maintain a primary place of business in the United States; and
(ii) who is an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States.
(B) JUDGES.—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.
(1) IN GENERAL.—In carrying out the AI Grand Challenges Program, the Director—
(A) shall award not less than $1,000,000 in cash prize awards to each winner of the prize competitions, except as provided in subsection (c)(3); and
(B) may also utilize non-cash awards.
(2) LARGER AWARDS.—The Director may award prizes under the AI Grand Challenges Program that are more than $50,000,000, pursuant to the requirements under section 24(m)(4)(A) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(m)(4)(A)).
(1) IN GENERAL.—In accordance with section 24(m)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(m)(1)), the Director may request and accept funds from other Federal agencies, State, United States territory, local, or Tribal government agencies, for-profit entities, and nonprofit organizations to support the AI Grand Challenges Program.
(2) PROHIBITION ON CONSIDERATION FOR SUPPORT.—The Director may not consider any support provided by an agency or entity under paragraph (1) in determining the winners of prize awards under subsection (b).
(1) NOTIFICATION OF WINNING SUBMISSION.—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.
(A) IN GENERAL.—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—
(i) a description of the activities carried out under this Act;
(ii) a description of the active competitions and the results of completed competitions under the AI Grand Challenges Program; and
(iii) efforts to provide information to the public about the AI Grand Challenges Program to encourage participation.
(B) PUBLIC ACCESSIBILITY.—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.
(i) Accessibility.—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.
(a) In general.—The Director of the National Institutes of Health shall establish a grant program to award grants to eligible entities to perform research regarding the use of generative artificial intelligence in health care.
(b) Permissible research.—Research funded pursuant to a grant under this section may include research regarding the use of generative artificial intelligence to—
(1) improve the ability of health care practitioners to record comprehensive notes or ask medically relevant questions during an appointment with a patient;
(2) reduce the administrative or documentation burden on clinicians;
(3) expedite the health insurance claims process;
(4) improve the efficiency and quality of customer service in the health care sector; or
(5) otherwise improve health care, as determined appropriate by the Director of the National Institutes of Health.
(c) Priority.—In awarding grants under this section, the Director of the National Institutes of Health shall give priority to eligible entities that—
(1) encourage the adoption and deployment of generative artificial intelligence across the health care sector;
(2) invest in workforce development of clinicians and administrators;
(3) mitigate burnout in the health care workforce; or
(4) improve the availability of patient care for members of a medically underserved population.
(d) Definitions.—In this section:
(1) ARTIFICIAL INTELLIGENCE.—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).
(2) ELIGIBLE ENTITY.—The term “eligible entity” means—
(A) an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001));
(B) an organization described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from tax under subsection (a) of such section; or
(i) the Federal Government;
(ii) a State;
(iii) a unit of local government; or
(iv) an Indian Tribe.
(3) GENERATIVE ARTIFICIAL INTELLIGENCE.—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.
(4) MEDICALLY UNDERSERVED POPULATION.—The term “medically underserved population” has the meaning given such term in section 330(b) of the Public Health Service Act (42 U.S.C. 254b(b)).
(a) In general.—The Secretary of Agriculture (in this section referred to as the “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.
(b) Memoranda of understanding.—The Secretary and the Director shall coordinate the activities under subsection (a) through the establishment of memoranda of understanding or other appropriate interagency agreements. Such memoranda or agreements, as the case may be, shall require the use of a competitive, merit review process, as appropriate. Such activities may include components proposed by Federal agencies, institutions of higher education, non-profit institutions, and other appropriate entities, as determined appropriate under the memoranda or agreements.
(c) Coordination.—In carrying out the activities under subsection (a), the Secretary and the Director may—
(1) conduct collaborative research in a variety of focus areas, such as—
(A) plant, animal, and microbial biology relevant to agricultural challenges;
(B) food and nutrition security;
(C) rural economic revitalization;
(D) cyber-physical systems;
(E) smart and connected communities;
(F) advanced sensors and models of soil and plant processes;
(G) nano-biosensing and analytical technologies to improve food safety, water quality, biosecurity, plant and animal diseases, and soil health;
(H) monitoring of food- or water-borne pathogens, allergens, and accidental, natural, or intentional bio- or chemical contaminants;
(I) key emerging technology areas such as artificial intelligence, machine learning, automation, robotics, digital agriculture, and information and communication technology for agricultural uses;
(J) development and testing of new precision agriculture tools; and
(K) workforce needs, education, and development;
(2) promote collaboration, open community-based development, and data and information sharing between Federal agencies, institutions of higher education, community colleges, area career and technical education schools, nonprofit institutions, and other appropriate entities by providing the necessary access and secure data and information transfer capabilities;
(3) support research infrastructure, including new facilities, equipment and broadband deployment, as the Secretary and Director determine necessary;
(4) develop translational technologies for commercial utilization;
(5) organize education, training, and research initiatives relating to science, technology, engineering, and mathematics (STEM) education and workforce development, which may include—
(A) activities supported by the Cooperative Extension System;
(B) industrial partnership programs;
(C) workshops for educating preschool through grade 12 teachers on how to increase agricultural literacy;
(D) development of agricultural-based science curricula for kindergarten through grade 12 students; and
(E) distribution of resources for educators to implement curricula, such as the workshops developed under subparagraph (C);
(6) award grants to institutions of higher education, community colleges, area career and technical education schools, or eligible nonprofit institutions (or consortia thereof), to establish a Center for Agricultural Research, Education, and Workforce Development; and
(7) 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).
(d) Agreements.—In carrying out the activities under subsection (a), the Secretary and the Director are authorized to—
(1) 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
(2) collaborate with other Federal agencies, as appropriate.
(e) Report.—Not later than two years after the date of the enactment of this Act, the appropriate committees of Congress, a report detailing the following:
(1) Interagency coordination between each Federal agency involved in the research and development activities carried out under this section.
(2) Potential opportunities to expand the technical capabilities of the Department of Agriculture and the National Science Foundation.
(3) Collaborative research achievements.
(4) Areas of future mutually beneficial successes.
(5) Continuation of coordination activities between the Department of Agriculture and the National Science Foundation.
(f) Research security.—The activities authorized under this section shall be applied in a manner consistent with subtitle D of title VI of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19231 et seq.; enacted as part of division B of Public Law 117–167).
(g) Definitions.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means each of the following committees:
(A) The Committee on Agriculture of the House of Representatives.
(B) The Committee on Science, Space, and Technology of the House of Representatives.
(C) The Committee on Commerce, Science, and Transportation of the Senate.
(D) The Committee on Agriculture, Nutrition, and Forestry of the Senate.
(2) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.—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).
(3) COMMUNITY COLLEGE.—The term “community college” has the meaning given such term in section 3167B of the Energy Science Education Enhancement Act (42 U.S.C. 7381c–3).
(4) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(a) In general.—Title LV of the National Artificial Intelligence Initiative Act of 2020 (Public Law 116–283) is amended to read as follows:
“Sec. 5501. Department of Energy artificial intelligence research program.
“Sec. 5502. Ensuring energy security for data centers and computing resources.
“(a) In general.—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.
“(b) Research areas.—In carrying out the program, the Secretary shall award financial assistance to eligible entities to carry out research projects on topics including the following:
“(1) The application of artificial intelligence systems to improve large-scale simulations of natural and other phenomena.
“(2) 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.
“(3) 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.
“(4) The development of operation and control systems that enhance automated, intelligent decision-making capabilities.
“(5) The development of advanced computing hardware and computer architecture tailored to artificial intelligence systems, including the following:
“(A) The codesign of software and computational hardware.
“(B) Energy-efficient computing hardware and algorithms for artificial intelligence training and inference.
“(C) Mechanisms to improve the energy efficiency of data centers, including relevant energy efficiency benchmarks for such centers.
“(6) The aggregation, curation, and distribution of standardized datasets for emerging artificial intelligence research fields and applications, including methods for addressing data scarcity.
“(7) The development of advanced artificial intelligence systems for pressing scientific, energy, and national security applications.
“(8) The development of trustworthy artificial intelligence systems, including the following:
“(A) Algorithmic explainability.
“(B) Analytical methods for identifying and mitigating bias in artificial intelligence systems.
“(C) Safety and robustness, including assurance, verification, validation, security, and control.
“(c) Technology transfer.—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.
“(d) Facility use and upgrades.—In carrying out the program, the Secretary shall carry out the following:
“(1) Make available high-performance computing infrastructure at National Laboratories for the development and use of advanced artificial intelligence systems.
“(2) 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.
“(3) Establish new computing capabilities necessary to manage data and conduct high performance computing that enables the development and use of advanced artificial intelligence systems.
“(4) Maintain and improve, as needed, networking infrastructure, data input and output mechanisms, and data analysis, storage, and service capabilities.
“(5) Facilitate the development of unclassified and classified high-performance computing systems and artificial intelligence platforms through Department-owned infrastructure data and computing facilities.
“(6) Provide other resources necessary for the Department to develop, train, and evaluate advanced artificial intelligence systems and related technologies.
“(e) Testbeds for next-Generation computing platforms and infrastructure.—
“(1) IN GENERAL.—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.
“(2) ACTIVITIES.—In carrying out the testbed established under paragraph (1), the Secretary shall carry out the following:
“(A) 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.
“(B) 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.
“(f) Aggregation, curation, and distribution of artificial intelligence training datasets.—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:
“(1) 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.
“(2) Developing dataset documentation and metadata protocols and visualization tools, taking into account appropriate standards and guidelines to promote interoperability and consistency in documentation.
“(3) Developing and implementing appropriate data management plans for the ethical, responsible, and secure use of classified and unclassified scientific data.
“(4) Identifying, curating, and safely distributing, as appropriate based on the application, the following:
“(A) Scientific and experimental departmental datasets.
“(B) Sponsored research activities that are needed for the training of foundational and adapted downstream artificial intelligence systems.
“(5) Partnering with stakeholders to curate critical datasets that reside outside the Department but are determined by the Secretary to be critical to optimizing the capabilities of advanced artificial intelligence systems relevant to the missions of the Department.
“(g) Development of advanced artificial intelligence systems for pressing scientific, energy, and national security applications.—In carrying out subsection (b)(7), the Secretary shall carry out the following:
“(1) Develop innovative concepts in applied mathematics, computer science, engineering, and other science disciplines needed for advanced artificial intelligence systems.
“(2) 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.
“(3) 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.
“(4) 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.
“(5) 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.
“(6) Establish crosscutting research efforts to understand and mitigate artificial intelligence-related risks, including the establishment of unclassified and classified data platforms across the Department.
“(h) Shared resources for artificial intelligence.—
“(1) IN GENERAL.—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.
“(2) CONSULTATION.—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.
“(3) FOCUS.—Shared resources and enabling tools referred to in paragraph (1) shall include the following:
“(A) Scientific data and knowledge bases for training artificial intelligence systems.
“(B) Benchmarks and competitions for evaluating advances in artificial intelligence systems.
“(C) Platform technologies that lower the cost of generating training data or enable the generation of training data.
“(D) High-performance computing, including hybrid computing systems that integrate artificial intelligence and high-performance computing.
“(E) The combination of artificial intelligence and scientific automation, such as cloud labs and self-driving labs.
“(F) Tools that enable artificial intelligence to solve inverse design problems.
“(G) Testbeds for accelerating progress at the intersection of artificial intelligence and cyberphysical systems.
“(H) Testbeds for testing and evaluating artificial intelligence-based technologies and applications to improve energy efficiency across artificial intelligence systems, in accordance with subsection (e).
“(4) INTERAGENCY COORDINATION.—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).
“(i) Artificial intelligence research institutes.—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.
“(j) Research To improve energy permitting processes.—In consultation with the Federal Permitting Improvement Steering Council established under section 41002(a) of the FAST Act (42 U.S.C. 4370m–1(a)), the Secretary shall carry out research and development activities to evaluate the potential for utilizing artificial intelligence to improve Federal permitting processes for energy-related projects, including critical materials (as such term is defined in section 7002 of title VII of division Z of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 30 U.S.C. 1606)) projects, by building tools to improve future reviews and analyzing data from past environmental and other permitting reviews to inform more flexible and effective categorical exclusions.
“(1) IN GENERAL.—The Secretary shall review agency policies for risk management in artificial intelligence related projects and issue, as necessary, policies and principles that are consistent with the framework developed under section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1(c)).
“(2) TAXONOMY.—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.
“(l) Stem education and workforce development.—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:
“(1) Providing training, grants, and research opportunities, including experiential learning experiences for undergraduate and graduate students in advanced artificial intelligence systems.
“(2) Carrying out public awareness campaigns regarding artificial intelligence related career paths.
“(3) Assisting institutions of higher education to establish new degree and certificate programs in artificial intelligence-related disciplines.
“(1) RESEARCH SECURITY.—The activities authorized under this section shall be applied in a manner consistent with subtitle D of title VI of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19231 et seq.; enacted as part of division B of Public Law 117–167).
“(2) CYBERSECURITY.—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.
“(3) ETHICAL CONSIDERATIONS.—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.
“(n) Data privacy and sharing.—The Secretary shall review agency policies for data sharing with other public and private sector organizations and issue, as necessary, policies and principles that are consistent with the standards and guidelines submitted under section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1(e)). In addition, the Secretary shall establish a streamlined mechanism for approving research projects or partnerships that require sharing sensitive public or private data with the Department.
“(1) FEDERAL PARTNERSHIPS.—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.
“(2) PARTNERSHIPS WITH PRIVATE ENTITIES.—
“(A) IN GENERAL.—The Secretary shall seek to establish partnerships with private companies and nonprofit organizations in carrying out this section.
“(B) REQUIREMENT.—In carrying out subparagraph (A), the Secretary shall protect any information submitted to or shared by the Department consistent with applicable laws and regulations.
“(p) Stakeholder engagement.—In carrying out the activities authorized in this section, the Secretary shall carry out the following:
“(1) Collaborate with a range of stakeholders, including small businesses, institutes of higher education, industry, and the National Laboratories.
“(2) Leverage the collective body of knowledge from existing artificial intelligence and machine learning research.
“(3) Engage with other Federal departments and agencies, research communities, and potential users of information produced under this section.
“(1) IN GENERAL.—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:
“(A) The 2023 National Laboratory workshop report entitled ‘Advanced Research Directions on AI for Science, Energy, and Security’.
“(B) The 2024 National Laboratory workshop report entitled ‘AI for Energy’.
“(C) The strategic plan required under section 5103 of division E of this Act (15 U.S.C. 9413).
“(2) REPORT TO CONGRESS.—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.
“(r) Definitions.—In this section:
“(1) DEPARTMENT.—The term ‘Department’ means the Department of Energy.
“(2) ELIGIBLE ENTITIES.—The term ‘eligible entities’ means any of the following:
“(A) An institution of higher education.
“(B) A National Laboratory.
“(C) A Federal research agency.
“(D) A State research agency.
“(E) A nonprofit research organization.
“(F) A private sector entity.
“(G) A consortium of two or more entities described in subparagraphs (A) through (F).
“(3) NATIONAL LABORATORY.—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).
“(4) NONPROFIT ORGANIZATION.—The term ‘nonprofit organization’ has the meaning given such term in section 201 of title 35, United States Code.
“(5) SECRETARY.—The term ‘Secretary’ means the Secretary of Energy.
“(6) TESTBED.—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.
“(s) Authorization of appropriations.—There are authorized to be appropriated to the Secretary to carry out this section $300,000,000 for each of fiscal years 2027 through 2032.
“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:
“(1) An assessment of the following:
“(A) The growth of computing data centers and advanced computing electrical power load in the United States.
“(B) Potential risks of growth in computing centers or growth in the required electrical power to United States energy security and national security.
“(C) 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.
“(D) 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.
“(2) Recommendations for the following:
“(A) Resources and capabilities that the Department of Energy may provide to promote access to energy resources by data centers, advanced computing hardware and algorithms, and artificial intelligence systems (as defined in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note; Public Law 117–263)).
“(B) Policy changes to ensure domestic deployment of data center and advanced computing resources to prevent offshoring of United States data and resources.
“(C) Improving the energy efficiency of data centers, advanced computing hardware and algorithms, and artificial intelligence systems.”.
(b) Clerical amendments.—The tables of contents in section 2(b) and title LV of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 are amended by inserting after the items relating to section 5501 the following new items:
“Sec. 5502. Ensuring energy security for data centers and computing resources.”.
(a) In general.—Title LIII of division E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4523) is amended by adding at the end the following new section:
“SEC. 5305. Federal standards for artificial intelligence.
“(a) In general.—The Director of the National Institute of Standards and Technology (in this section referred to as the ‘Director’) shall—
“(1) 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;
“(2) 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;
“(3) 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
“(4) conduct research and development pursuant to section 5301 to inform the development of standards and guidelines for activities described in this section.
“(b) Standards and guidelines.—In developing standards and guidelines required by subsection (a), the Director shall—
“(1) 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;
“(2) provide standards and guidelines that—
“(A) are consistent with Circular A–119 of the Office of Management and Budget; and
“(B) enable conformity assessment;
“(3) recommend training on standards and guidelines for each agency responsible for procuring artificial intelligence;
“(4) develop and periodically revise performance indicators and measures for agency artificial intelligence related standards and guidelines;
“(5) provide standards and guidelines, including minimum requirements, for developing profiles for agency use of artificial intelligence consistent with such framework;
“(6) 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));
“(7) 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
“(8) periodically assess the effectiveness of standards and guidelines developed under this section and undertake revisions as appropriate.
“(c) Readiness.—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—
“(1) submit such standards and guidelines to the Secretary of Commerce for promulgation under section 11331 of title 40, United States Code;
“(2) where practicable and appropriate, provide technical review and assistance to agencies; and
“(3) evaluate the effectiveness and sufficiency of, and challenges to, agency implementation of such standards and guidelines.
“(d) Testing and evaluation of artificial intelligence acquisitions.—
“(1) STUDY.—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.
“(2) TESTING AND EVALUATION STANDARDS.—Not later than 90 days after the date of the completion of the study required by paragraph (1), the Director shall—
“(A) develop standards and guidelines for the testing, evaluation, verification, and validation of artificial intelligence acquisitions pursuant to this section;
“(B) convene relevant stakeholders to facilitate such development;
“(C) continuously update such standards and guidelines; and
“(D) review and make recommendations to the head of each agency on risk management policies and principles for relevant artificial intelligence acquisitions.
“(e) Definitions.—In this section:
“(1) AGENCY.—The term ‘agency’ means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government.
“(2) NATIONAL SECURITY SYSTEM.—The term ‘national security system’ has the meaning given such term in section 3552 of title 44, United States Code.
“(3) PROFILE.—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.
“(4) SYNTHETIC CONTENT.—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.”.
(b) Clerical amendments.—The tables of contents in section 2(b) and title LIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 are amended by inserting after the items relating to section 5304, as added by section 101(b), the following new items:
“Sec. 5305. Federal standards for artificial intelligence.”.
In this subtitle:
(1) AGENCY.—The term “agency” has the meaning given the term in section 3502 of title 44, United States Code.
(2) ARTIFICIAL INTELLIGENCE.—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).
(3) ARTIFICIAL INTELLIGENCE SYSTEM.—The term “artificial intelligence system”—
(A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, whether—
(i) the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
(ii) artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and
(B) does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.
(4) CHIEF ARTIFICIAL INTELLIGENCE OFFICER.—The term “Chief Artificial Intelligence Officer” means an official designated by the head of an agency pursuant to section 313(b)(1).
(5) COUNCIL.—The term “Council” means the Chief Artificial Intelligence Officers Council established under section 312(a).
(6) DIRECTOR.—The term “Director” means the Director of the Office of Management and Budget.
(7) RELEVANT CONGRESSIONAL COMMITTEES.—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.
(a) Establishment.—Not later than 90 days after the date of the enactment of this Act, the Director shall establish a Chief Artificial Intelligence Officers Council.
(b) Duties.—The Council shall—
(1) promote artificial intelligence innovation and responsible design, development, and application;
(2) oversee compliance with Governmentwide requirements, including existing requirements for agencies to inventory and publish use cases of artificial intelligence;
(3) 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;
(4) 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;
(5) 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;
(6) 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;
(7) help improve the abilities of agencies to understand artificial intelligence and intervene in crisis;
(8) review and analyze already deployed artificial intelligence systems within the Federal Government for potential harm; and
(9) assist the Director, as necessary, in—
(A) identifying, developing, coordinating, and overseeing multi-agency projects and other initiatives to improve Government performance;
(B) monitoring and managing risks relating to developing, obtaining, or using artificial intelligence, including by—
(i) promoting the development and use of efficient, common, and shared approaches to key processes that improve the delivery of services for the public;
(ii) soliciting and providing perspectives on matters of concern to the Council, as appropriate, from and to—
(I) the Chief Financial Officers Council;
(II) the Chief Human Capital Officers Council;
(III) the Chief Acquisition Officers Council;
(IV) the Chief Information Officers Council;
(V) the Chief Data Officers Council;
(VI) other interagency councils;
(VII) other key groups of the Federal Government;
(VIII) industry;
(IX) academia;
(X) State, local, Tribal, territorial, and international governments; and
(XI) other individuals and entities, as determined necessary by the Director;
(iii) creating a framework for how agencies can reduce risk in the design, development, and use of artificial intelligence systems; and
(iv) implementing measurements and producing specific guidance on use cases for which the Federal Government should not be developing, procuring, or using artificial intelligence systems;
(C) 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;
(D) continually monitoring the capabilities of artificial intelligence systems used and procured by the Federal Government; and
(E) ensuring accountability for the use and procurement of artificial intelligence systems that result in flawed, inaccurate, or biased decisions that would impact individuals.
(1) CHAIR.—The Director shall serve as the chair of the Council.
(2) COCHAIR.—The cochair of the Council shall be—
(A) nominated by a majority of the members of the Council; and
(B) designated as the cochair of the Council by the Director.
(3) MEMBERS.—Members of the Council shall include—
(A) the Chief Artificial Intelligence Officer of each agency described in section 901(b) of title 31, United States Code;
(B) a representative from an agency with—
(i) advisory experience in scientific and technological issues that require attention at the highest level of Government; and
(ii) a role working with agencies to create strategies, plans, policies and programs for science and technology, including artificial intelligence; and
(C) other members, as determined necessary by the Director.
(4) STANDING COMMITTEES; WORKING GROUPS.—The Council shall have the authority to establish standing committees and working groups as necessary to consider items of concern to the Council.
(d) Administrative support.—The Administrator of General Services shall provide administrative support for the Council.
(a) Duties of agencies.—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—
(1) privacy;
(2) civil rights and civil liberties;
(3) information security;
(4) nondiscrimination;
(5) transparency; and
(6) trustworthiness.
(b) Chief artificial intelligence officer.—
(1) IN GENERAL.—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—
(A) promoting artificial intelligence innovation and use within the agency to further the agency’s effectiveness and efficiency;
(B) 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;
(C) participating in internal control processes or entities convened for the purpose of reviewing artificial intelligence acquisitions throughout the acquisition life cycle;
(D) producing a risk management plan for agency-specific use cases of artificial intelligence, including—
(i) a procedure for classifying risk levels in agency use of artificial intelligence; and
(ii) specific guidance on use cases for which the agency should not developing, procuring, or using artificial intelligence systems;
(E) in coordination with other responsible officials of the agency—
(i) assessing and addressing agency personnel requirements and professional development requirements relating to artificial intelligence;
(ii) 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;
(iii) ensuring artificial intelligence policies of the agency comply with the Constitution of the United States and Governmentwide requirements;
(iv) ensuring all artificial intelligence systems used and procured by the agency are and have been responsibly developed and evaluated such that the systems are transparent and secure, do not infringe on privacy, and promote civil interests;
(v) continually monitoring the capabilities and impacts of artificial intelligence systems used and procured by the agency; and
(vi) ensuring accountability for the use and procurement of artificial intelligence systems that result in flawed, inaccurate, or biased decisions that would impact individuals;
(F) helping to improve the ability of the agency to understand artificial intelligence and to intervene in crisis;
(G) reviewing and analyzing already deployed artificial intelligence systems of the agency for potential harm; and
(H) performing other functions relating to artificial intelligence, as determined by the Director or the head of the agency.
(2) STRUCTURE.—The Director shall issue guidance on the appropriate reporting structure, qualifications, and seniority level for the role of a Chief Artificial Intelligence Officer.
(3) SENIORITY.—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.
(4) ROLES.—The head of each agency shall ensure that the Chief Artificial Intelligence Officer of the agency has a significant role in—
(A) 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
(B) the management, governance, acquisition, and oversight processes of the agency relating to artificial intelligence.
(A) IN GENERAL.—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.
(B) JUSTIFICATION.—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.
(C) INCLUSION IN REPORT.—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).
(c) Informing Congress.—Not later than 60 days after the date of the enactment of this Act, the head of each agency shall—
(1) inform the relevant congressional committees of the appointment of a Chief Artificial Intelligence Officer pursuant to subsection (b); and
(2) 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.
(a) Establishment.—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—
(1) coordinate artificial intelligence issues of the agency; and
(2) to the extent applicable to the agency, publish a statement of principles and goals relating to artificial intelligence.
(b) Contents.—The guidance issued under subsection (a) shall—
(1) define the structure and activities of Artificial Intelligence Coordination Boards of agencies; and
(2) ensure that the membership of the Artificial Intelligence Coordination Board of an agency may include, to the extent applicable to the agency—
(A) the deputy head of the agency;
(B) the Chief Artificial Intelligence Officer of the agency, who shall serve as the chair of the Artificial Intelligence Coordination Board of the agency;
(C) the chief information officer of the agency;
(D) the chief acquisition officer of the agency;
(E) the senior procurement executive of the agency;
(F) the chief data officer of the agency;
(G) the chief human capital officer of the agency;
(H) the chief financial officer of the agency;
(I) the senior agency official for privacy of the agency;
(J) the senior agency official for civil rights and civil liberties of the agency; and
(K) other individuals, as determined by the Director.
(1) IN GENERAL.—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.
(2) CONTENTS.—The strategy required under paragraph (1) shall include the following:
(A) 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.
(B) Defined values, ethics, and principles to foster public trust and responsible use of artificial intelligence by the agency.
(C) 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.
(D) 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.
(E) 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.
(F) The domains or areas in which the agency uses or anticipates using artificial intelligence.
(G) 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.
(H) 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.
(I) How the agency will coordinate and work across components, offices, and programs of the agency on artificial intelligence-related matters.
(J) 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.
(K) 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.
(L) 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.
(M) An outline of specific actions to implement the strategy of the agency and desired outcomes.
(a) In general.—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—
(1) the implementation and effectiveness of Artificial Intelligence Coordination Boards established pursuant to guidance issued under section 314(a);
(2) an assessment of agency implementation and the effectiveness of Chief Artificial Intelligence Officers;
(3) 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;
(4) an analysis by the Comptroller General of the United States with respect to the costs and benefits of—
(A) the Federal implementation of artificial intelligence; and
(B) the activities of the Artificial Intelligence Coordination Boards established pursuant to guidance issued under section 314(a);
(5) 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;
(6) 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;
(7) an inventory of artificial intelligence use cases of each agency, including an assessment of how each agency protects privacy and mitigates bias in the use by the agency of artificial intelligence; and
(8) other relevant matters, as determined by the Comptroller General of the United States.
(b) Additional report.—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—
(1) consider technological and other developments, current and future requirements, and options for artificial intelligence governance; and
(2) issue a directive to agencies—
(A) updating leadership roles, organizational structures, and other matters relating to artificial intelligence, as determined relevant by the Director; and
(B) that includes an action plan and timeline for implementation.
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.
(a) Update to national vulnerability database.—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:
(1) 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.
(2) Support the development of standards and guidance for technical vulnerability management processes related to artificial intelligence.
(3) 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.
(b) Assessing voluntary tracking of substantial artificial intelligence security and safety incidents.—
(1) IN GENERAL.—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.
(2) ACTIVITIES.—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:
(A) 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:
(i) Classifications that sufficiently differentiate between the following:
(I) Artificial intelligence security incidents.
(II) Artificial intelligence safety incidents.
(ii) Taxonomies to classify incidents referred to in clause (i) based on relevant characteristics, impacts, or other appropriate criteria.
(B) Assess the usefulness and cost-effectiveness of an effort to voluntarily track substantial artificial intelligence security incidents and substantial artificial intelligence safety incidents.
(C) 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.
(D) Support the development of standardized reporting and documentation mechanisms, including automated mechanisms, that would help provide information, including public information, regarding substantial artificial intelligence security incidents and substantial artificial intelligence safety incidents.
(E) 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.
(3) REPORT.—Not later than three years after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall submit to Congress a report on a process relating to the voluntary collection, reporting, and tracking of substantial artificial intelligence security incidents and substantial artificial intelligence safety incidents under paragraph (1). Such report shall include the following:
(A) Findings from the multi-stakeholder process referred to in such paragraph.
(B) 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.
(c) Limitation.—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.
(d) Definitions.—In this section:
(1) ARTIFICIAL INTELLIGENCE.—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).
(2) ARTIFICIAL INTELLIGENCE SECURITY VULNERABILITY.—The term “artificial intelligence security vulnerability” means a weakness in an artificial intelligence system, system security procedures, internal controls, or implementation that could be exploited or triggered by a threat source.
(3) ARTIFICIAL INTELLIGENCE SYSTEM.—The term “artificial intelligence system”—
(A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, whether—
(i) the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
(ii) artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and
(B) does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.
(4) NONPROFIT ORGANIZATION.—The term “nonprofit organization” has the meaning given such term in section 201 of title 35, United States Code.
(5) SECTOR RISK MANAGEMENT AGENCY.—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).
(6) THREAT SOURCE.—The term “threat source” means any of the following:
(A) An intent and method targeted at the intentional exploitation of a vulnerability.
(B) A situation and method that may accidentally trigger a vulnerability.
(a) In general.—There is established in the Department of Labor the AI Workforce Research Hub (in this section referred to as the “Hub”).
(b) Duties.—The Secretary of Labor, acting through the Hub and in collaboration with the Commissioner of the Bureau of Labor Statistics, the Director of the U.S. Census Bureau, and the Director of the Bureau of Economic Analysis, shall carry out the following:
(1) Evaluate the impact of AI on the labor market and the experience of United States workers.
(2) Produce recurring evaluations of such impact.
(3) Conduct scenario planning for a range of potential levels of such impact.
(4) Identify insights to inform workforce and education policy with respect to such impact.
(c) AI defined.—In this section, the term “AI” has the meaning given the term “artificial intelligence” in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
Section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1) is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection:
“(h) Development of resources for small businesses in utilizing artificial intelligence.—
“(1) IN GENERAL.—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.
“(2) REQUIREMENTS.—The Director shall ensure that the resources described in paragraph (1) satisfy the following requirements:
“(A) Are generally applicable and usable by a wide range of small business concerns.
“(B) Include elements that promote basic understanding, identification, and adoption of proper use cases of artificial intelligence.
“(C) Include case studies of practical application across a range of business sizes and types.
“(D) Are technology-neutral and relevant to technologies that are accessible and suitable for small business concerns.
“(E) Are based on international voluntary standards as applicable, and are consistent with the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
“(F) Include recommendations and references to existing Federal educational resources, including the risk management framework under subsection (c) and activities relating to the national cybersecurity awareness and education program under section 303 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7443).
“(3) REVIEW AND UPDATE OF RESOURCES.—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:
“(A) Review the resources described in paragraph (1).
“(B) Update such resources as the Director considers appropriate.
“(4) DISSEMINATION AND USE OF TRAINING RESOURCES.—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).
“(5) VOLUNTARY RESOURCES.—The use of the resources described in paragraph (1) shall be considered voluntary.
“(A) IN GENERAL.—Not later than four years after the date of the enactment of this subsection, 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 on the development, identification, dissemination, and use of the resources described in paragraph (1), including updates made pursuant to paragraph (3).
“(B) CONTENTS.—The report under subparagraph (A) shall include the following:
“(i) A list of the resources described in paragraph (1), including updates made pursuant to paragraph (3).
“(ii) Relevant feedback from recipients of such resources, and disseminators of such resources pursuant to paragraph (4).
“(iii) Recommendations to Congress for further actions to help with the utilization of artificial intelligence by small business concerns.”.
(a) Definitions.—Section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851) is amended—
(1) in the section heading, by inserting “or nonconsensual activity involving digital forgeries” after “intimate images”; and
(A) in paragraph (2), by inserting “competent,” after “conscious,”;
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3);
(D) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
(E) by inserting after paragraph (3) the following:
“(4) IDENTIFIABLE INDIVIDUAL.—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.
“(5) INTIMATE DIGITAL FORGERY.—
“(A) IN GENERAL.—The term ‘intimate digital forgery’ means any intimate visual depiction of an identifiable individual that—
“(i) falsely represents, in whole or in part—
“(I) the identifiable individual; or
“(II) the conduct or content that makes the visual depiction intimate;
“(ii) 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
“(iii) is indistinguishable from an authentic visual depiction of the identifiable individual when viewed as a whole by a reasonable person.
“(B) LABELS, DISCLOSURE, AND CONTEXT.—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.”; and
(F) in paragraph (6)(A), as so redesignated—
(i) in clause (i), by striking “or” at the end;
(I) in subclause (I), by striking “individual;” and inserting “individual; or”; and
(II) by striking subclause (III); and
(iii) by adding at the end the following:
“(iii) an identifiable individual engaging in sexually explicit conduct; and”.
(b) Civil action.—Section 1309(b) of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851(b)) is amended—
(A) by striking subparagraph (A) and inserting the following:
“(A) IN GENERAL.—Except as provided in paragraph (5)—
“(i) 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);
“(ii) 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—
“(I) the identifiable individual did not consent to such production or possession with intent to disclose, disclosure, or solicitation and receipt;
“(II) 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
“(III) 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
“(iii) 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—
“(I) the identifiable individual did not consent to such production;
“(II) the person knew or recklessly disregarded that the identifiable individual—
“(aa) did not consent to such production; and
“(bb) was harmed, or was reasonably likely to be harmed, by the production; and
“(III) such production is in or affects interstate or foreign commerce or uses any means or facility of interstate or foreign commerce.”; and
(i) in the subparagraph heading, by inserting “identifiable” before “individuals”; and
(ii) 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”;
(i) by inserting “identifiable” before “individual”;
(ii) by striking “depiction” and inserting “intimate visual depiction or intimate digital forgery”; and
(iii) by striking “distribution” and inserting “disclosure, solicitation, or possession”; and
(i) by inserting “identifiable” before “individual”;
(ii) by inserting “or intimate digital forgery” after “depiction” each place it appears; and
(iii) by inserting “, solicitation, or possession” after “disclosure”;
(3) by redesignating paragraph (4) as paragraph (5);
(4) by striking paragraph (3) and inserting the following:
“(A) IN GENERAL.—In a civil action filed under this section, an identifiable individual may recover—
“(i) damages as provided under subparagraph (C); and
“(ii) the cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred.
“(B) PUNITIVE DAMAGES AND OTHER RELIEF.—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.
“(C) DAMAGES.—For purposes of subparagraph (A)(i), the identifiable individual may recover—
“(i) liquidated damages in the amount of—
“(I) $150,000; or
“(II) $250,000 if the conduct at issue in the claim was—
“(aa) committed in relation to actual or attempted sexual assault, stalking, or harassment of the identifiable individual by the defendant; or
“(bb) the direct and proximate cause of actual or attempted sexual assault, stalking, or harassment of the identifiable individual by any person; or
“(ii) 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.
“(D) CALCULATION OF DEFENDANT’S PROFIT.—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.
“(4) PRESERVATION OF PRIVACY.—In a civil action filed under this section, the court may issue an order to protect the privacy of a plaintiff, including by—
“(A) permitting the plaintiff to use a pseudonym;
“(B) requiring the parties to redact the personal identifying information of the plaintiff from any public filing, or to file such documents under seal; and
“(C) 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.”;
(5) in paragraph (5)(A), as so redesignated—
(A) by striking “image” and inserting “visual depiction or intimate digital forgery”; and
(B) by striking “depicted” and inserting “identifiable”; and
(6) by adding at the end the following:
“(6) STATUTE OF LIMITATIONS.—Any action commenced under this section shall be barred unless the complaint is filed not later than 10 years from the later of—
“(A) the date on which the identifiable individual reasonably discovers the violation that forms the basis for the claim; or
“(B) the date on which the identifiable individual reaches 18 years of age.
“(7) DUPLICATIVE RECOVERY BARRED.—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.”.
(c) Continued applicability of Federal, State, and Tribal law.—
(1) IN GENERAL.—This subtitle shall not be construed to impair, supersede, or limit a provision of Federal, State, or Tribal law.
(2) NO PREEMPTION.—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.
(a) Severability.—If any provision of this subtitle, an amendment made by this subtitle, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional, the remaining provisions of and amendments made by this subtitle, and the application of the provision or amendment held to be unconstitutional to any other person or circumstance, shall not be affected thereby.
(b) Rule of construction.—Nothing in this subtitle, or an amendment made by this subtitle, shall be construed to limit or expand any law pertaining to intellectual property.
(a) Mail fraud.—Section 1341 of title 18, United States Code, is amended—
(1) by striking “$1,000,000” and inserting “$2,000,000”; and
(2) 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.”.
(b) Wire fraud.—Section 1343 of title 18, United States Code, is amended—
(1) by striking “$1,000,000” and inserting “$2,000,000”; and
(2) 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.”.
(c) Bank fraud.—Section 1344 of title 18, United States Code, is amended—
(1) by striking “Whoever knowingly” and inserting the following:
“(a) In general.—Whoever knowingly”; and
(2) by adding at the end the following:
“(b) Artificial intelligence.—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.”.
(d) Artificial intelligence defined.—
(1) IN GENERAL.—Section 1346 of title 18, United States Code, is amended—
(A) by amending the section heading to read as follows: “Definitions”;
(B) by striking “chapter, the term” and inserting the following: chapter—
“(1) the term”;
(C) by striking the period at the end and inserting “; and”; and
(D) by adding at the end the following:
“(2) 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).”.
(2) CLERICAL AMENDMENT.—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:
“1346. Definitions.”.
(e) Money laundering.—Section 1956 of title 18, United States Code, is amended—
(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”;
(B) 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
(C) 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
(A) in paragraph (8), by striking “and” at the end;
(B) in paragraph (9), by striking the period and inserting “; and”; and
(C) by adding at the end the following:
“(10) 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:
(1) AI SECURITY VULNERABILITY.—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.
(2) AI VIOLATION.—The term “AI violation” means—
(A) any violation of Federal law, including rules and regulations, related to or committed during the development, deployment, or use of artificial intelligence; or
(B) 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.
(3) ARTIFICIAL INTELLIGENCE.—The term “artificial intelligence” includes any of the following:
(A) 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.
(B) 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.
(C) An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
(D) A set of techniques, including machine learning, that are designed to approximate a cognitive task.
(E) 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.
(4) ARTIFICIAL SYSTEM.—The term “artificial system”—
(A) 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—
(i) the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
(ii) artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and
(B) does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.
(5) COMMERCE; INDUSTRY OR ACTIVITY AFFECTING COMMERCE.—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).
(6) COVERED INDIVIDUAL.—The term “covered individual” includes—
(A) an employee, including a former employee; and
(B) an independent contractor, including a former independent contractor.
(7) EMERGING ARTIFICIAL INTELLIGENCE TECHNOLOGY.—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.
(8) EMPLOYER.—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.
(a) Prohibition against retaliation.—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—
(1) 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) the appropriate regulatory official or the Attorney General;
(B) a regulatory or law enforcement agency; or
(C) any Member of Congress or any committee of Congress;
(2) 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
(3) 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) a person with supervisory authority over the covered individual at the employer of the covered individual; or
(B) another individual working for the employer described in subparagraph (A) whom the covered individual reasonably believes has the authority to—
(i) investigate, discover, or terminate the misconduct; or
(ii) take any other action to address the misconduct.
(1) IN GENERAL.—A covered individual who alleges such individual is aggrieved by a violation of subsection (a) may seek relief under paragraph (3) by—
(A) filing a complaint with the Secretary of Labor in accordance with the requirements of paragraph (2)(A); or
(B) 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.
(A) DEPARTMENT OF LABOR COMPLAINTS.—
(i) IN GENERAL.—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.
(ii) EXCEPTIONS.—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.
(i) JURY TRIAL.—A party to an action brought under paragraph (1)(B) shall be entitled to trial by jury.
(I) IN GENERAL.—An action may not be brought under paragraph (1)(B)—
(aa) more than 6 years after the date on which the violation of subsection (a) occurs; or
(bb) 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.
(II) REQUIRED ACTION WITHIN 10 YEARS.—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.
(3) RELIEF.—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—
(A) reinstatement with the same seniority status that the covered individual would have had, but for the violation;
(B) two times the amount of back pay otherwise owed to the covered individual, with interest;
(C) the payment of compensatory damages, which shall include compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees; and
(D) 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.
(c) Nonenforceability waivers of rights or remedies.—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.
(a) In general.—Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
“(a) In general.—For purposes of section 38, the employee cybersecurity education credit determined under this section for the taxable year is an amount equal to 50 percent of the aggregate qualified employee cybersecurity education expenses paid or incurred by the employer during such taxable year.
“(b) Limitation.—The amount allowed as a credit under subsection (a) for the taxable year with respect to an employee shall not exceed $5,000.
“(c) Qualified employee cybersecurity education expenses.—For purposes of this section, the term ‘qualified employee cybersecurity education expenses’ means amounts paid or incurred for each employee who earns a certificate or degree at the undergraduate or graduate level or industry-recognized certification relating to those specialty areas and work roles that are listed in NCWF Work Roles in the document entitled, ‘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.
“(d) Certain rules To apply.—Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.”.
(b) Credit made part of general business credit.—Subsection (b) of section 38 of such Code is amended—
(1) by striking “plus” at the end of paragraph (40),
(2) by striking the period at the end of paragraph (41) and inserting “, plus”, and
(3) by inserting after paragraph (41) the following new paragraph:
“(42) the employee cybersecurity education credit determined under section 45BB(a).”.
(c) Denial of double benefit.—Subsection (a) of section 280C of such Code is amended by inserting “45BB(a),” after “45S(a),”.
(d) Clerical amendment.—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:
“Sec. 45BB. Employee cybersecurity education.”.
(e) Effective date.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
(a) In general.—The head of an executive agency shall award a five percent score increase to each competitive proposal submitted by a qualified offeror for the evaluation of a competitive proposal received in response to a solicitation for a contract valued in excess of $5,000,000.
(b) Applicability.—This section shall apply with respect to any solicitation issued on an after the date of the enactment of this Act.
(c) Definitions.—In this section:
(1) EXECUTIVE AGENCY.—The term “executive agency” has the meaning given such term in section 102 of title 40, United States Code.
(2) QUALIFIED OFFEROR.—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.
(a) Sense of Congress.—It is the sense of Congress that—
(1) AI literacy education is crucial not only for developing a skilled workforce and positioning the United States as a leader in this critical field, but also for mitigating the ethical challenges associated with AI;
(2) as strategic adversaries pursue AI technology for the purposes of surveillance, weaponization, and economic competition, maintaining United States leadership through an AI literate public is essential;
(3) AI literacy education at the K–12 education levels forms the foundation for success in this competitive environment, and proficiency with these technologies is becoming necessary to be an engaged and informed citizen;
(4) AI technology is rapidly evolving, and current best practices for learning and developing AI literacy today may not be applicable in the future;
(5) 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
(6) awards made under this section should recognize student progression to more advanced topics as they progress through K–12 education.
(b) Awards.—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.
(c) Use of award funds.—Activities funded by awards made under this section may include the following:
(1) Formal and informal K–12 education curriculum development focused on the essential abilities and competencies necessary for AI literacy that is learner-centered, project-based, and can be personalized in the classroom.
(2) Engaging State and local educational agencies, principals, educators, and other school leaders of students in kindergarten through grade 12, in professional learning opportunities to—
(A) enhance AI literacy and proficiency; and
(B) develop best practices.
(3) Developing AI literacy evaluation tools for educators assessing proficiency in AI literacy.
(4) Designing and implementing professional development courses and experiences in AI literacy, including mentoring, for State and local educational agencies, principals, educators, and other school leaders that integrate in-person, virtual, and distance learning experiences.
(5) Development of hands-on learning tools to assist in developing and improving AI literacy.
(6) Augmenting existing curriculum to incorporate AI literacy where appropriate, including responsible use of AI in learning.
(7) Additional activities determined appropriate by the Director.
(d) Implementation.—The Director may carry out this section by making awards through new or existing programs.
(e) Definitions.—In this section:
(1) AI.—The term “AI” has the meaning given the term “artificial intelligence” in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).
(2) AI LITERACY.—The term “AI literacy” means having the age-appropriate knowledge and ability to use AI effectively, to critically interpret outputs, to solve problems in an AI-enabled world, and to safely and ethically use AI.
(3) DIRECTOR.—The term “Director” means the Director of the National Science Foundation.
(4) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(5) K–12 EDUCATION.—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—
(1) redesignating subsection (g) as subsection (h); and
(2) inserting after subsection (f) the following new subsection:
“(g) Expanding capacity in artificial intelligence.—
“(1) IN GENERAL.—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.
“(2) ELIGIBLE INSTITUTIONS OF HIGHER EDUCATION SPECIFIED.—An eligible institution of higher education specified in this paragraph is any of the following:
“(A) 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.
“(B) A historically Black college or university.
“(C) A minority-serving institution.
“(D) A Tribal College or University.
“(E) A consortium of any of the entities specified in subparagraphs (A) through (D).
“(3) COLLABORATIONS.—A consortium receiving an award under this subsection may include any of the following:
“(A) Mutually beneficial partnerships with institutions of higher education, nonprofit organizations, Federal agencies, State, territorial, local, and Tribal governments, and private sector entities.
“(B) Developing partnerships with any of the following:
“(i) Artificial intelligence research institutes under section 5201.
“(ii) Recipients of other relevant awards made by the Director of the National Science Foundation.
“(4) USE OF FUNDS.—In carrying out the activities under this subsection, an eligible institution of higher education or nonprofit organization (or consortium thereof) shall carry out one or more of the following:
“(A) Development or expansion of research programs in artificial intelligence and related disciplines.
“(B) Faculty recruitment and professional development in artificial intelligence and related disciplines.
“(C) Bridge programs focused on preparing post-baccalaureate students for graduate programs in artificial intelligence and related disciplines.
“(D) Provide or broker access to research resources, including computing resources, networking, data facilities, and software engineering support for artificial intelligence research and development.
“(E) Community building activities to foster mutually beneficial public-private collaboration with Federal research agencies, industry, Federal laboratories, academia, and nonprofit organizations.
“(F) Development and hosting of intra- or inter-institutional workshops to broaden workforce participation in artificial intelligence research and development.
“(G) Activities to integrate ethical and responsible practices and principles into education programs in artificial intelligence and related disciplines.
“(H) Other activities necessary to build research capacity, education pathways, and workforce development pathways in artificial intelligence and related disciplines.
“(5) OUTREACH.—The Director of the National Science Foundation shall—
“(A) conduct outreach to eligible institutions of higher education specified in paragraph (2) and nonprofit organizations to apply for awards under this subsection; and
“(B) engage participants from all regions of the United States, especially individuals from underserved communities and groups historically underrepresented in science, technology, engineering, and mathematics.
“(6) DUPLICATION.—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.
“(7) ADDITIONAL CONSIDERATIONS.—In making awards under this subsection, the Director of the National Science Foundation may also consider the following:
“(A) The extent to which the eligible institutions of higher education specified in paragraph (2) and nonprofit organizations applying for such awards support students from diverse backgrounds, including first-generation undergraduate students.
“(B) The geographic diversity of such institutions and organizations.
“(C) Relative resource constraints of such institutions and organizations.
“(8) DEFINITIONS.—In this subsection:
“(A) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The term ‘historically Black college or university’ has the meaning given the term ‘part B institution’ in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
“(B) MINORITY-SERVING INSTITUTION.—The term ‘minority-serving institution’ means a Hispanic-serving institution (as defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a)); an Alaska Native-serving institution or Native Hawaiian-serving institution (as defined in section 317 of such Act (20 U.S.C. 1059d)); or a predominantly Black institution, Asian American and Native American Pacific Islander-serving institution, or Native American-serving nontribal institution (as defined in section 371 of such Act (20 U.S.C. 1067q)).
“(C) NONPROFIT ORGANIZATION.—The term ‘nonprofit organization’ means an organization described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from tax under subsection (a) of such section.
“(D) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal College or University’ has the meaning given such term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).”.
Paragraph (2) of section 5401(e) of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9451(e)) is amended—
(1) in the heading, by striking “faculty”; and
(2) by adding at the end the following new subparagraphs:
“(D) STUDENT SCHOLARSHIPS AND FELLOWSHIPS IN ARTIFICIAL INTELLIGENCE.—
“(i) IN GENERAL.—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.
“(ii) CONSIDERATIONS.—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:
“(I) 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.
“(II) Artificial intelligence and advanced manufacturing, including the integration of artificial intelligence into advanced manufacturing operations.
“(III) Artificial intelligence and agriculture, including the integration of artificial intelligence into agricultural operations, prediction, and decision making.
“(iii) AWARDS.—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.
“(iv) OUTREACH.—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.
“(v) METHOD.—The Director of the National Science Foundation may carry out this subparagraph by making awards through new or existing programs.
“(E) ARTIFICIAL INTELLIGENCE PROFESSIONAL DEVELOPMENT FELLOWSHIPS.—
“(i) IN GENERAL.—The Director of the National Science Foundation may support activities to promote the exchange of ideas and encourage collaborations between institutions of higher education and industry partners in the field of artificial intelligence, including through fellowships for students, teachers, faculty, and industry professionals.
“(ii) SUPPLEMENTALS FOR STUDENTS AND FACULTY.—The Director of the National Science Foundation may award fellowships for students and faculty to pursue professional development programs in STEM fields that are administered by or affiliated with institutions of higher education, including community colleges, in order to enable recipients to attain skills, training, or education in partnership with industry members on the design, research, assessment, development, deployment, integration, or application of artificial intelligence.
“(iii) FELLOWSHIPS FOR INDUSTRY PROFESSIONALS.—The Director of the National Science Foundation may award fellowships to industry professionals to enable recipients to seek short-term appointments to instruct and educate students on the design, research, assessment, development, deployment, integration, or application of artificial intelligence.
“(iv) FELLOWSHIPS FOR SCHOOL PROFESSIONALS.—The Director of the National Science Foundation may award fellowships to teachers, school counselors, and other school professionals for professional development programs in order to enable recipients to attain skills, training, or education in partnership with industry members on the teaching, use of, or application of artificial intelligence in K–12 education settings.
“(v) AWARDS.—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.
“(F) NATIONAL SCIENCE FOUNDATION OUTREACH CAMPAIGN.—
“(i) IN GENERAL.—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.
“(ii) PRIORITY.—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.
“(G) ELIGIBILITY.—To be eligible to receive a scholarship or fellowship under this paragraph, an individual shall satisfy all of the following:
“(i) Be a citizen, national, or lawful permanent resident of the United States.
“(ii) Demonstrate a commitment to a career in advancing the field of artificial intelligence.
“(iii) Accept the terms of such scholarship or fellowship, as the case may be.
“(i) IN GENERAL.—Not later than seven years after the date of the enactment of this subparagraph, the Director of the National Science Foundation shall submit to Congress, and make widely available to the public, a report including any recommendations for legislative action that could optimize the effectiveness of the scholarships and fellowships under this paragraph.
“(ii) REPORT REQUIREMENTS.—In preparing the report under clause (i), the Director of the National Science Foundation may, as practicable—
“(I) 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;
“(II) assess the number of students who received such scholarships and fellowships;
“(III) assess the percentage of such students who successfully complete their education programs and intend to enter the workforce;
“(IV) assess the percentage of undergraduate, graduate, and post-doctoral students who enter the workforce in a field relating to such a scholarship or fellowship;
“(V) assess the impact in the number of K–12 teachers, school counselors, and other school professionals who received such a scholarship or fellowship; and
“(VI) include an assessment of the effects such scholarships and fellowships have on related fields.”.
(a) In general.—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:
“(B) CENTERS OF AI EXCELLENCE.—
“(i) DEFINITIONS.—In this subparagraph:
“(I) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.—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).
“(II) ELIGIBLE APPLICANT.—The term ‘eligible applicant’ means a community college, or area career and technical education school, in partnership with one or more of the following:
“(aa) A Federal, State, local, territorial, or Tribal government entity.
“(bb) An institution of higher education.
“(cc) An entity in private industry.
“(dd) An economic development organization or venture development organization.
“(ee) 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).
“(ff) A nonprofit organization.
“(III) NONPROFIT ORGANIZATION.—The term ‘nonprofit organization’ has the meaning given such term in section 201 of title 35, United States Code.
“(IV) VENTURE DEVELOPMENT ORGANIZATION.—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).
“(ii) ESTABLISHMENT OF CENTERS OF AI EXCELLENCE.—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.
“(iii) APPLICATION.—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:
“(I) 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.
“(II) A description of the capacity of such applicant to carry out the purpose of such proposed Center of AI Excellence.
“(III) A description of current and anticipated future workforce demands in occupations directly related to such proposed Center of AI Excellence.
“(IV) A description of how such applicant will support the collection of information and data for evaluating such proposed Center of AI Excellence.
“(V) Outreach plans for recruiting and enrolling women and other underrepresented populations.
“(VI) An evaluation plan that includes the use of outcome-oriented measures to assess the impact and efficacy of such proposed Center for AI Excellence.
“(iv) ACTIVITIES.—A Center of AI Excellence shall develop and disseminate information regarding best practices for matters such as the following:
“(I) Artificial intelligence research and education at community colleges and area career and technical education schools.
“(II) 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.
“(III) Providing educators and teachers with actionable strategies and resources to effectively integrate artificial intelligence into curriculums in the classroom.
“(IV) Providing hands-on research opportunities on artificial intelligence and learning opportunities for students that are enabled through artificial intelligence.
“(V) Identifying pathways for students to jobs that are enabled by artificial intelligence.
“(VI) Facilitating partnerships with employers, employer consortia, or other private sector organizations that offer apprenticeships, internships, cooperative education, or applied learning experiences in the field of artificial intelligence.
“(v) PARTNERSHIPS.—The Director of the National Science Foundation shall encourage applicants to consider including or partnering with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in artificial intelligence.
“(vi) ACCOUNTABILITY AND DISSEMINATION.—
“(I) EVALUATION REQUIRED.—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.
“(II) REPORT ON EVALUATION.—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:
“(aa) The results of such evaluation.
“(bb) Any recommendations for administrative and legislative action that could optimize the effectiveness of the designations under clause (ii).”.
(a) In general.—Section 5401 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9451), as amended by section 631, is further amended—
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following new subsections:
“(h) Awards for research on artificial intelligence in education.—
“(1) DEFINITIONS.—In this subsection:
“(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any of the following:
“(i) An institution of higher education.
“(ii) A nonprofit organization.
“(iii) A consortium of one or more institutions of higher education or nonprofit organizations and one or more private sector entities.
“(B) NONPROFIT ORGANIZATION.—The term ‘nonprofit organization’ has the meaning given such term in section 201 of title 35, United States Code.
“(A) IN GENERAL.—The Director of the National Science Foundation may make awards on a competitive, merit-reviewed basis to eligible entities, to enable such entities to promote research regarding teaching models, tools, and materials for artificial intelligence and its integration into the classroom, teaching, and learning for pre-kindergarten through grade 12 students who are from low-income, rural, or Tribal populations.
“(B) METHOD.—The Director of the National Science Foundation may carry out subparagraph (A) by making awards through new or existing programs.
“(A) IN GENERAL.—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.
“(B) CONTENTS.—An application under subparagraph (A) may include the following:
“(i) A description of the student demographics on which the research supported under the award at issue would intend to focus.
“(ii) A description of any regional partnerships the eligible entity plans to utilize with respect to such award.
“(iii) 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.
“(iv) 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.
“(v) Such other information as the Director may require.
“(4) USE OF AWARD FUNDS.—Awards described in paragraph (2)(A) shall be used by the recipient to—
“(A) emphasize preparing incoming K–12 teachers to integrate artificial intelligence into their classrooms in innovative ways; and
“(B) support research to develop, pilot, fully implement, or test areas, such as—
“(i) instructional materials and high-quality learning opportunities for teaching artificial intelligence;
“(ii) models for the preparation of new teachers who will teach artificial intelligence;
“(iii) scalable models of professional development and ongoing support for teachers; and
“(iv) 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.
“(5) PARTNERSHIPS.—In making awards under this subsection, the Director of the National Science Foundation shall carry out the following:
“(A) 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.
“(B) Encourage applicants that, for the purpose of such proposed activity or activities, include or partner with a consortium of schools, institutions of higher education, school districts, or other State and local government entities.
“(C) 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.
“(i) Rural and underserved communities artificial intelligence collaborative.—
“(1) IN GENERAL.—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:
“(A) Engage with one another on educational efforts related to teaching and using artificial intelligence.
“(B) Interact with researchers, academia, and local industry involved in artificial intelligence.
“(2) METHOD.—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—
(1) in subparagraph (F), by striking “and” after the semicolon;
(2) in subparagraph (G), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs: