AI Leadership Training Act

II Calendar No. 234 118TH CONGRESS 1ST SESSION S. 1564 [Report No. 118–109] To require the Director of the Office of Personnel Management to establish, or otherwise ensure the provision of, a training program on artificial intelligence for Federal management officials and supervisors, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 11, 2023 Mr. PETERS (for himself and Mr. BRAUN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs NOVEMBER 2, 2023 Reported by Mr. PETERS, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To require the Director of the Office of Personnel Manage- ment to establish, or otherwise ensure the provision of, a training program on artificial intelligence for Federal management officials and supervisors, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 1564 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Artificial Intelligence 2 Leadership Training Act’’ or the ‘‘AI Leadership Training 3 Act’’. 4 SEC. 2. ARTIFICIAL INTELLIGENCE LEADERSHIP TRAINING 5 PROGRAM. 6 (a) DEFINITIONS.—In this section: 7 (1) AI.—The term ‘‘AI’’ has the meaning given 8 the term ‘‘artificial intelligence’’ in section 238(g) of 9 the John S. McCain National Defense Authorization 10 Act for Fiscal year 2019 (10 U.S.C. 2358 note). 11 (2) COVERED EMPLOYEE.—The term ‘‘covered 12 employee’’ means— 13 (A) a management official; 14 (B) a supervisor; or 15 (C) any other employee of an executive 16 agency— 17 (i) as determined appropriate by the 18 Director for the purposes of this section; 19 or 20 (ii) who is designated by the head of 21 that executive agency to participate in the 22 Program. 23 (3) DIRECTOR.—The term ‘‘Director’’ means 24 the Director of the Office of Personnel Management. 25 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 1564 RS (4) EXECUTIVE AGENCY.—The term ‘‘executive 1 agency’’ has the meaning given the term in section 2 133 of title 41, United States Code. 3 (5) MANAGEMENT OFFICIAL; SUPERVISOR.— 4 The terms ‘‘management official’’ and ‘‘supervisor’’ 5 have the meanings given those terms in section 6 7103(a) of title 5, United States Code. 7 (6) PROGRAM.—The term ‘‘Program’’ means 8 the AI leadership training program established and 9 implemented (or the provision of which is otherwise 10 ensured) by the Director under subsection (b)(1). 11 (b) PROGRAM.— 12 (1) IN GENERAL.— 13 (A) ESTABLISHMENT OF PROGRAM.—Not 14 later than 1 year after the date of enactment of 15 this Act, the Director, in consultation with any 16 other person determined relevant by the Direc- 17 tor, shall develop and implement (or otherwise 18 ensure the provision of) an AI leadership train- 19 ing program for covered employees, under 20 which training in accordance with the require- 21 ments of this section shall be provided to cov- 22 ered employees on an annual basis. 23 (B) INCORPORATION OF EXISTING TRAIN- 24 ING PERMITTED.—For the purposes of subpara- 25 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 1564 RS graph (A), the Director may include executive 1 agency or other training that the Director de- 2 termines is relevant to providing the informa- 3 tion required under paragraph (3). 4 (2) PURPOSE.—The purpose of the Program 5 shall be to ensure that covered employees have 6 knowledge regarding— 7 (A) the capabilities and risks associated 8 with AI; 9 (B) safety and ethical issues relating to 10 AI; 11 (C) Federal Government requirements and 12 best practices with respect to AI, such as with 13 respect to the procurement, use, testing, evalua- 14 tion, and auditing of AI capabilities; and 15 (D) other matters relating to requirements 16 for the development and use of AI within and 17 by the Federal Government. 18 (3) TOPICS.—At a minimum, the Program shall 19 include information relating to— 20 (A) what AI is and how AI works; 21 (B) introductory concepts regarding, and 22 features of, different types of AI; 23 (C) the benefits offered, and the risks 24 posed, by AI; 25 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 1564 RS (D) the role of data in AI systems and the 1 risks of not using sufficiently representative 2 training data in those systems; 3 (E) the ways in which AI can fail; 4 (F) the need for continuous refinement of 5 AI as part of the development and deployment 6 of AI; 7 (G) ways to mitigate the risks of AI, in- 8 cluding through efforts to create and identify 9 AI that is reliable, safe, trustworthy, and fair; 10 and 11 (H) organizational considerations for the 12 development and deployment of AI, including 13 necessary norms and practices, workforce train- 14 ing, and specific use cases. 15 (4) UPDATES.—Not less frequently than once 16 every 2 years after the date on which the Director 17 develops and implements (or otherwise ensures the 18 provision of) the Program under paragraph (1), the 19 Director shall update the Program to— 20 (A) incorporate new information relating 21 to AI; and 22 (B) ensure that the Program continues to 23 satisfy the requirements under paragraph (3) 24 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 1564 RS and any other requirements determined by the 1 Director. 2 (5) METRICS.—The Director shall establish a 3 means by which to— 4 (A) understand and measure the participa- 5 tion of covered employees in the Program; and 6 (B) receive and consider feedback from 7 participants in the Program so as to improve 8 the Program through updates implemented 9 under paragraph (4). 10 (6) SENSE OF CONGRESS.—It is the sense of 11 Congress that the Director should ensure that train- 12 ing provided under the Program includes inter- 13 actions with technologists, scholars, and other ex- 14 perts from the private, public, and nonprofit sectors. 15 (7) SUNSET.—Effective on the date that is 10 16 years after the date of enactment of this Act, this 17 section shall have no force or effect. 18 SECTION 1. SHORT TITLE. 19 This Act may be cited as the ‘‘Artificial Intelligence 20 Leadership Training Act’’ or the ‘‘AI Leadership Training 21 Act’’. 22 SEC. 2. ARTIFICIAL INTELLIGENCE LEADERSHIP TRAINING 23 PROGRAM. 24 (a) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 1564 RS (1) AI.—The term ‘‘AI’’ has the meaning given 1 the term ‘‘artificial intelligence’’ in section 238(g) of 2 the John S. McCain National Defense Authorization 3 Act for Fiscal year 2019 (10 U.S.C. 2358 note). 4 (2) COVERED EMPLOYEE.—The term ‘‘covered 5 employee’’ means— 6 (A) a management official; 7 (B) a supervisor; or 8 (C) any other employee of an executive 9 agency— 10 (i) as determined appropriate by the 11 Director for the purposes of this section; or 12 (ii) who is designated by the head of 13 that executive agency to participate in the 14 Program. 15 (3) DIRECTOR.—The term ‘‘Director’’ means the 16 Director of the Office of Personnel Management. 17 (4) EXECUTIVE AGENCY.—The term ‘‘executive 18 agency’’ has the meaning given the term in section 19 133 of title 41, United States Code. 20 (5) MANAGEMENT OFFICIAL; SUPERVISOR.—The 21 terms ‘‘management official’’ and ‘‘supervisor’’ have 22 the meanings given those terms in section 7103(a) of 23 title 5, United States Code. 24 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 1564 RS (6) PROGRAM.—The term ‘‘Program’’ means the 1 AI leadership training program established and im- 2 plemented (or the provision of which is otherwise en- 3 sured) by the Director under subsection (b)(1). 4 (b) PROGRAM.— 5 (1) IN GENERAL.— 6 (A) ESTABLISHMENT OF PROGRAM.—Not 7 later than 18 months after the date of enactment 8 of this Act, the Director, in consultation with 9 any other person determined relevant by the Di- 10 rector, shall develop and implement (or otherwise 11 ensure the provision of) an AI leadership train- 12 ing program for covered employees, under which 13 training in accordance with the requirements of 14 this section shall be provided to covered employ- 15 ees on an annual basis. 16 (B) INCORPORATION OF EXISTING TRAINING 17 PERMITTED.—For the purposes of subparagraph 18 (A), the Director may include executive agency 19 or other training that the Director determines is 20 relevant to providing the information required 21 under paragraph (3). 22 (2) PURPOSE.—The purpose of the Program 23 shall be to ensure that covered employees have knowl- 24 edge regarding— 25 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 1564 RS (A) the capabilities and risks associated 1 with AI; 2 (B) safety and ethical issues relating to AI; 3 (C) Federal Government requirements and 4 best practices with respect to AI, such as with re- 5 spect to the procurement, use, testing, evaluation, 6 and auditing of AI capabilities; and 7 (D) other matters relating to requirements 8 for the development and use of AI within and by 9 the Federal Government. 10 (3) TOPICS.—At a minimum, the Program shall 11 include information relating to— 12 (A) what AI is and how AI works; 13 (B) introductory concepts regarding, and 14 features of, different types of AI; 15 (C) the benefits offered, and the risks posed, 16 by AI; 17 (D) the role of data in AI systems and the 18 risks of not using sufficiently representative 19 training data in those systems, including risks 20 relating to bias; 21 (E) the ways in which AI can fail; 22 (F) the need for continuous refinement of AI 23 as part of the development and deployment of 24 AI; 25 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 1564 RS (G) ways to mitigate the risks of AI, includ- 1 ing through efforts to create and identify AI that 2 is reliable, safe, and trustworthy; 3 (H) organizational considerations for the 4 development and deployment of AI, including 5 necessary norms and practices, workforce train- 6 ing, and specific use cases; 7 (I) the risks that the use by the Federal 8 Government of AI, including by using AI to en- 9 gage in censorship and conduct surveillance, 10 poses to the First and Fourth Amendments to the 11 Constitution of the United States; and 12 (J) the risk of developer bias with respect to 13 AI. 14 (4) UPDATES.—Not less frequently than once 15 every 2 years after the date on which the Director de- 16 velops and implements (or otherwise ensures the pro- 17 vision of) the Program under paragraph (1), the Di- 18 rector shall update the Program to— 19 (A) incorporate new information relating to 20 AI; and 21 (B) ensure that the Program continues to 22 satisfy the requirements under paragraph (3) 23 and any other requirements determined by the 24 Director. 25 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 1564 RS (5) METRICS.—The Director shall establish the 1 means by which to— 2 (A) understand and measure the participa- 3 tion of covered employees in the Program; and 4 (B) receive and consider feedback from par- 5 ticipants in the Program so as to improve the 6 Program through updates implemented under 7 paragraph (4). 8 (6) CONGRESSIONAL REQUESTS.— 9 (A) IN GENERAL.—Congress may request 10 from the Director information regarding the ma- 11 terials used to carry out the Program, includ- 12 ing— 13 (i) a bibliography of written materials 14 used to carry out the Program; 15 (ii) the name of the responsible senior 16 executive; and 17 (iii) the name of each organization 18 that developed or carried out any part of 19 the Program. 20 (B) DEADLINE FOR PROVISION OF INFORMA- 21 TION.—Not later than 14 days after the date on 22 which the Director receives a request submitted 23 under subparagraph (A), the Director shall pro- 24 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 1564 RS vide Congress with the information sought in the 1 request. 2 (7) SENSE OF CONGRESS.—It is the sense of 3 Congress that the Director should ensure that training 4 provided under the Program includes interactions 5 with technologists, scholars, and other experts, includ- 6 ing from the private, public, and nonprofit sectors. 7 (8) SUNSET.—Effective on the date that is 10 8 years after the date of enactment of this Act, this sec- 9 tion shall have no force or effect. 10 VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB Calendar No. 234 118TH CONGRESS 1ST SESSION S. 1564 [Report No. 118–109] A BILL To require the Director of the Office of Personnel Management to establish, or otherwise ensure the provision of, a training program on artificial in- telligence for Federal management officials and supervisors, and for other purposes. NOVEMBER 2, 2023 Reported with an amendment VerDate Sep 11 2014 00:26 Nov 03, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\S1564.RS S1564 kjohnson on DSK7ZCZBW3PROD with $$_JOB