S.Amdt. 3232

SA 3232. Mr. PETERS (for himself and Mr. Braun) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. TRANSPARENT AUTOMATED GOVERNANCE ACT; AI LEADERSHIP
TRAINING ACT.

(a) Transparent Automated Governance Act.--
(1) Definitions.--In this subsection:
(A) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(B) 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. note prec. 4061; Public
Law 115-232).
(C) Augmented critical decision process.--The term
``augmented critical decision process'' means the use by an
agency, or by a third party on behalf of the agency, of an
automated system to determine or substantially influence the
outcomes of critical decisions.

[[Page S5827]]

(D) Automated system.--The term ``automated system''--
(i) means a set of computational processes derived from
statistics or artificial intelligence techniques, or that
otherwise rely on data about specific individuals or groups,
to substantially influence the outcome of critical decisions,
including computational processes that stand alone or are
embedded within another process, system, or application,
including paper-based processes; and
(ii) does not include computational processes or
infrastructure the function of which is not directly related
to influencing or determining the outcome of critical
decisions.
(E) Critical decision.--The term ``critical decision''
means an agency determination, including the assignment of a
score or classification, related to the status, rights,
property, or wellbeing of specific individuals or groups, the
outcome of which--
(i) is likely to meaningfully differ from one individual or
group to another; and
(ii) meaningfully affects access to, or the cost, terms, or
availability of--

(I) education and vocational training;
(II) employment;
(III) essential utilities, including electricity, heat,
water, and internet;
(IV) transportation;
(V) any benefits or assistance under any Federal public
assistance program or under any State or local public
assistance program financed in whole or in part with Federal
funds;
(VI) financial services, including access to credit or
insurance;
(VII) asylum and immigration services;
(VIII) healthcare;
(IX) housing, lodging, or public accommodations; and
(X) any other service, program, or opportunity a
determination about which would have a legal, material, or
significant effect on the life of an individual, as
determined by the Director.

(F) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(G) Plain language.--The term ``plain language'' has the
meaning given the term in section 1311(e)(3)(B) of the
Patient Protection and Affordable Care Act (42 U.S.C.
18031(e)(3)(B)).
(H) Transparent automated governance guidance.--The term
``transparent automated governance guidance'' means the
guidance issued by the Director pursuant to paragraph (2)(A).
(2) Transparent automated governance guidance.--
(A) In general.--Not later than 270 days after the date of
enactment of this Act, the Director shall issue guidance
that--
(i) is consistent with relevant legal authorities relating
to privacy, civil rights, and civil liberties protections;
and
(ii) requires agencies to provide disclosure and
opportunity for appeal when using certain automated systems
and augmented critical decision processes.
(B) Guidance.--The transparent automated governance
guidance issued under subparagraph (A) shall include--
(i) an identification by the Director of any additional
services, programs, or opportunities relating to critical
decisions described in paragraph (1)(E)(ii)(X), if
appropriate, for use by agencies with respect to the
requirements under this Act;
(ii) a list of automated systems that may be used in
augmented critical decision processes, that, as determined by
the Director, are not subject to the requirements of this
Act;
(iii) with respect to automated systems that contribute to
augmented critical decision processes and interact with the
public, guidance for how agencies shall design, develop,
procure, or update those automated systems to provide plain
language notice to individuals not later than the time and at
the place of interaction with such an automated system that
they are interacting with such an automated system;
(iv) the proper contents of the notice described in clause
(iii);
(v) examples of what the notice described in clause (iii)
could look like in practice;
(vi) with respect to augmented critical decision processes,
guidance for how agencies shall provide plain language notice
to individuals not later than the time a critical decision is
issued to an individual that a critical decision concerning
the individual was made using an augmented critical decision
process;
(vii) the proper contents of the notice described in clause
(vi);
(viii) examples of what the notice described in clause (vi)
could look like in practice;
(ix) guidance for how agencies shall establish an appeals
process for critical decisions made by an augmented critical
decision process in which an individual is harmed as a direct
result of the use of an automated system in the augmented
critical decision process;
(x) with respect to critical decisions made by an augmented
critical decision process, guidance for how agencies should
provide individuals with the opportunity for an alternative
review, as appropriate, by an individual working for or on
behalf of the agency with respect to the critical decision,
independent of the augmented critical decision process; and
(xi) criteria for information that each agency is required
to track and collect relating to issues that arise during the
use of augmented critical decision processes--

(I) to ensure that the information collected can be used to
determine whether each automated system and augmented
critical decision process covered by this subsection is
accurate, reliable, and, to the greatest extent practicable,
explainable; and
(II) that the agency shall make accessible for use by the
agency, the Comptroller General of the United States, and
Congress.

(C) Public comment.--Not later than 180 days after the date
of enactment of this Act, the Director shall make a
preliminary version of the transparent automated governance
guidance available for public comment for a period of 30
days.
(D) Consultation.--In developing the transparent automated
governance guidance, the Director shall consider soliciting
input from--
(i) the Government Accountability Office;
(ii) the General Services Administration, including on the
topic of user experience;
(iii) the private sector; and
(iv) the nonprofit sector, including experts in privacy,
civil rights, and civil liberties.
(E) Artificial intelligence guidance.--The guidance
required by section 104 of the AI in Government Act of 2020
(40 U.S.C. 11301 note) may be used to satisfy the requirement
for the transparent automated governance guidance with
respect to relevant automated systems and augmented critical
decision processes, or a subset thereof, if such guidance
addresses each requirement under paragraph (2) of this
section with respect to the automated system or augmented
critical decision process.
(F) Updates.--Not later than 2 years after the date on
which the Director issues the transparent automated
governance guidance, and biennially thereafter, the Director
shall issue updates to the guidance.
(3) Agency implementation.--
(A) Agency implementation of transparent automated
governance guidance.--Not later than 270 days after the date
on which the Director issues the transparent automated
governance guidance, the head of each agency shall implement
the transparent automated governance guidance to the extent
that implementation does not require rulemaking.
(B) Comptroller general report.--Not later than 2 years
after the date of enactment of this Act, and biannually
thereafter, the Comptroller General of the United States
shall review agency compliance with this Act and submit to
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and
Accountability of the House of Representatives a report with
findings and recommendations.
(4) Sunset.--Beginning on the date that is 10 years after
the date of enactment of this Act, this subsection shall have
no force or effect.
(b) AI Leadership Training Act.--
(1) In general.--Section 2 of the Artificial Intelligence
Training for the Acquisition Workforce Act (Public Law 117-
207; 41 U.S.C. 1703 note) is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1), (2), (3), (4), and
(5), as paragraphs (2), (3), (4), (6), and (7), respectively;
and
(ii) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Acquisition position.--The term `acquisition
position' means any position listed in section 1703(g)(1)(A)
of title 41, United States Code.'';
(iii) in paragraph (3), as so redesignated, by striking
``subsection (b)(1)'' and inserting ``subsection (b)(1)(A)'';
(iv) in paragraph (4), as so redesignated--

(I) by striking subparagraph (A);
(II) by redesignating subparagraph (B) as subparagraph (E);
and
(III) by inserting before subparagraph (E), as so
redesignated, the following:

``(A) an employee of an executive agency serving in an
acquisition position;
``(B) a management official;
``(C) a supervisor;
``(D) an employee serving in a data or technology position;
and'';
(v) by inserting before paragraph (6), as so redesignated,
the following:
``(5) Data or technology position.--The term `data or
technology position' means a position that is classified to
an occupational series within the Mathematical Sciences
Group, or to the Information Technology Group, as established
by the Director of the Office of Personnel Management.''; and
(vi) by adding at the end the following:
``(8) Management official.--The term `management official'
has the meaning given the term in section 7103(a) of title 5,
United States Code.
``(9) Supervisor.--The term `supervisor' has the meaning
given the term in section 7103(a) of title 5, United States
Code.''; and
(B) in subsection (b)--
(i) in paragraph (1)--

(I) by striking ``(1) In general.--Not'' and inserting the
following:

``(1) In general.--
``(A) Establishment of program.--Not''; and

(II) by adding at the end the following:

``(B) Incorporation of existing training permitted.--For
the purposes of subparagraph (A), the Director may
incorporate the AI training program into any other training
program that the Director determines relevant to providing
the information required under paragraph (3), including
training programs offered under section 4103 of title 5,
United States Code.'';

[[Page S5828]]

(ii) in paragraph (2), by striking ``knowledge'' and all
that follows through the period at the end and inserting the
following: ``knowledge regarding--
``(A) the capabilities and risks associated with AI; and
``(B) requirements and best practices established by the
Director with respect to AI.'';
(iii) in paragraph (3)--

(I) in subparagraph (A), by striking ``the science
underlying AI, including'' and inserting ``what AI is and'';
(II) by amending subparagraph (C) to read as follows:

``(C) the potential benefits posed by AI, including the
potential benefits to the Federal Government;'';

(III) in subparagraph (D), by inserting ``and the risks
posed to the Federal Government'' after ``privacy'';
(IV) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(V) by amending subparagraph (F) to read as follows:

``(F) what executive agencies should consider in
developing, deploying, and managing AI systems; and''; and

(VI) by adding at the end the following:

``(G) the role of data in developing and operating AI
models and systems.'';
(iv) in paragraph (4)--

(I) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(II) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(III) by adding at the end the following:

``(C) incorporate any feedback from participants received
under paragraph (6).''; and
(v) in paragraph (6)--

(I) in the matter preceding subparagraph (A), by striking
``ensure the existence of'' and inserting ``establish''; and
(II) in subparagraph (B), by inserting ``through any update
to such program under paragraph (4)'' before the period at
the end.

(2) Amendment to short title of artificial intelligence
training for the acquisition workforce act.--
(A) In general.--Section 1 of the Artificial Intelligence
Training for the Acquisition Workforce Act (Public Law 117-
207; 41 U.S.C. 1703 note) is amended by striking `` `for the
Acquisition Workforce' ''.
(B) Rule of construction.--Any reference in law,
regulation, document, paper, or other record to the
Artificial Intelligence Training for the Acquisition
Workforce Act shall be construed as referring to the
Artificial Intelligence Training Act.
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