40 U.S.C. § 11301 Responsibility of Director

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

In fulfilling the responsibility to administer the functions assigned under chapter 35 of title 44, the Director of the Office of Management and Budget shall comply with this chapter with respect to the specific matters covered by this chapter.

Cite as 40 U.S.C. § 11301

Source: Pub. L. 107-217, 116 Stat. 1237.

Notes from the Office of Law Revision Counsel

current through 5/22/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised <para>Section</para> </TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>11301</TD> <TD>40:1411.</TD> <TD> <actcitation href="" statecd="US" sessionyear="1996" actaltid="104-106">Pub. L. <actid>104-106</actid></actcitation>, <actseccitation href="" statecd="US" sessionyear="1996" actaltid="104-106">div. E, title LI, §<actsec>5111</actsec>5111,</actseccitation>, 110 Stat. 680.</TD> </TR> </TABLE>

STATUTORY NOTES AND RELATED SUBSIDIARIES

ADVANCING AMERICAN ARTIFICIAL INTELLIGENCE

Pub. L. 117-263, 136 Stat. 3668, provided that:

"SEC. 7221. SHORT TITLE.

"This subtitle may be cited as the 'Advancing American AI Act'.

"SEC. 7222. PURPOSES.

"The purposes of this subtitle are to-

"(1) encourage agency artificial intelligence-related programs and initiatives that enhance the competitiveness of the United States and foster an approach to artificial intelligence that builds on the strengths of the United States in innovation and entrepreneurialism;

"(2) enhance the ability of the Federal Government to translate research advances into artificial intelligence applications to modernize systems and assist agency leaders in fulfilling their missions;

"(3) promote adoption of modernized business practices and advanced technologies across the Federal Government that align with the values of the United States, including the protection of privacy, civil rights, and civil liberties; and

"(4) test and harness applied artificial intelligence to enhance mission effectiveness, agency program integrity, and business practice efficiency.

"SEC. 7223. DEFINITIONS.

"In this subtitle:

"(1) AGENCY.-The term 'agency' has the meaning given the term in section 3502 of title 44, United States Code.

"(2) APPROPRIATE CONGRESSIONAL COMMITTEES.-The term 'appropriate congressional committees' means-

"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

"(B) the Committee on Oversight and Reform of the House of Representatives; and

"(C) the Committee on Homeland Security of the House of Representatives.

"(3) ARTIFICIAL INTELLIGENCE.-The term 'artificial intelligence' has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 2358 note).

"(4) 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.

"(5) DEPARTMENT.-The term 'Department' means the Department of Homeland Security.

"(6) DIRECTOR.-The term 'Director' means the Director of the Office of Management and Budget.

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

"(a) GUIDANCE.-The Director shall, when developing the guidance required under section 104(a) of the AI in Government Act of 2020 (title I of division U of Public Law 116-260) [see note below], consider-

"(1) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled 'Key Considerations for the Responsible Development and Fielding of AI', as updated in April 2021;

"(2) the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939 [ 40 U.S.C. 11301 note]; relating to promoting the use of trustworthy artificial intelligence in Government); and

"(3) the input of-

"(A) the Administrator of General Services;

"(B) relevant interagency councils, such as the Federal Privacy Council, the Chief Financial Officers Council, the Chief Information Officers Council, and the Chief Data Officers Council;

"(C) other governmental and nongovernmental privacy, civil rights, and civil liberties experts;

"(D) academia;

"(E) industry technology and data science experts; and

"(F) any other individual or entity the Director determines to be appropriate.

"(b) DEPARTMENT POLICIES AND PROCESSES FOR PROCUREMENT AND USE OF ARTIFICIAL INTELLIGENCE-ENABLED SYSTEMS.-Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022]-

"(1) the Secretary of Homeland Security, with the participation of the Chief Procurement Officer, the Chief Information Officer, the Chief Privacy Officer, and the Officer for Civil Rights and Civil Liberties of the Department and any other person determined to be relevant by the Secretary of Homeland Security, shall issue policies and procedures for the Department related to-

"(A) the acquisition and use of artificial intelligence; and

"(B) considerations for the risks and impacts related to artificial intelligence-enabled systems, including associated data of machine learning systems, to ensure that full consideration is given to-

"(i) the privacy, civil rights, and civil liberties impacts of artificial intelligence-enabled systems; and

"(ii) security against misuse, degradation, or rending inoperable of artificial intelligence-enabled systems; and

"(2) the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department shall report to Congress on any additional staffing or funding resources that may be required to carry out the requirements of this subsection.

"(c) INSPECTOR GENERAL.-Not later than 180 days after the date of enactment of this Act, the Inspector General of the Department shall identify any training and investments needed to enable employees of the Office of the Inspector General to continually advance their understanding of-

"(1) artificial intelligence systems;

"(2) best practices for governance, oversight, and audits of the use of artificial intelligence systems; and

"(3) how the Office of the Inspector General is using artificial intelligence to enhance audit and investigative capabilities, including actions to-

"(A) ensure the integrity of audit and investigative results; and

"(B) guard against bias in the selection and conduct of audits and investigations.

"(d) ARTIFICIAL INTELLIGENCE HYGIENE AND PROTECTION OF GOVERNMENT INFORMATION, PRIVACY, CIVIL RIGHTS, AND CIVIL LIBERTIES.-

"(1) ESTABLISHMENT.-Not later than 1 year after the date of enactment of this Act, the Director, in consultation with a working group consisting of members selected by the Director from appropriate interagency councils, shall develop an initial means by which to-

"(A) ensure that contracts for the acquisition of an artificial intelligence system or service-

"(i) align with the guidance issued to the head of each agency under section 104(a) of the AI in Government Act of 2020 (title I of division U of Public Law 116-260);

"(ii) address protection of privacy, civil rights, and civil liberties;

"(iii) address the ownership and security of data and other information created, used, processed, stored, maintained, disseminated, disclosed, or disposed of by a contractor or subcontractor on behalf of the Federal Government; and

"(iv) include considerations for securing the training data, algorithms, and other components of any artificial intelligence system against misuse, unauthorized alteration, degradation, or rendering inoperable; and

"(B) address any other issue or concern determined to be relevant by the Director to ensure appropriate use and protection of privacy and Government data and other information.

"(2) CONSULTATION.-In developing the considerations under paragraph (1)(A)(iv), the Director shall consult with the Secretary of Homeland Security, the Secretary of Energy, the Director of the National Institute of Standards and Technology, and the Director of National Intelligence.

"(3) REVIEW.-The Director-

"(A) should continuously update the means developed under paragraph (1); and

"(B) not later than 2 years after the date of enactment of this Act and not less frequently than every 2 years thereafter, shall update the means developed under paragraph (1).

"(4) BRIEFING.-The Director shall brief the appropriate congressional committees-

"(A) not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Director first implements the means developed under paragraph (1); and

"(B) annually thereafter on the implementation of this subsection.

"(5) SUNSET.-This subsection shall cease to be effective on the date that is 5 years after the date of enactment of this Act.

"SEC. 7225. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE CASES.

"(a) INVENTORY.-Not later than 60 days after the date of enactment of this Act [Dec. 23, 2022], and continuously thereafter for a period of 5 years, the Director, in consultation with the Chief Information Officers Council, the Chief Data Officers Council, and other interagency bodies as determined to be appropriate by the Director, shall require the head of each agency to-

"(1) prepare and maintain an inventory of the artificial intelligence use cases of the agency, including current and planned uses;

"(2) share agency inventories with other agencies, to the extent practicable and consistent with applicable law and policy, including those concerning protection of privacy and of sensitive law enforcement, national security, and other protected information; and