National AI Commission Act

I 118TH CONGRESS 1ST SESSION H. R. 4223 To establish an artificial intelligence commission, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 20, 2023 Mr. LIEU (for himself, Mr. BUCK, and Ms. ESHOO) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To establish an artificial intelligence commission, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National AI Commis- 4 sion Act’’. 5 SEC. 2. SENSE OF CONGRESS. 6 It is the sense of Congress that this Act shall not 7 be intended to preclude any legislation Congress may deem 8 necessary relating to Artificial Intelligence in the interim 9 period before the reports of the Commission are released. 10 VerDate Sep 11 2014 03:14 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4223.IH H4223 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4223 IH SEC. 3. ARTIFICIAL INTELLIGENCE COMMISSION. 1 (a) LOCATION.—There is established in the legislative 2 branch an independent commission relating to artificial in- 3 telligence (AI), to be known as the ‘‘National AI Commis- 4 sion’’ (in this section referred to as the ‘‘Commission’’). 5 (b) COMPOSITION.—The Commission shall be com- 6 prised of 20 commissioners, of whom 10 shall be appointed 7 by each party to ensure bipartisanship. Members of the 8 Commission shall elect two Members to serve as co-chairs. 9 One co-chair shall be a Democratic appointee and one co- 10 chair shall be a Republican appointee. Members shall be 11 appointed as follows: 12 (1) The President, in consultation with relevant 13 cabinet secretaries, shall appoint eight Members, 14 four of whom shall be chosen from the lists de- 15 scribed in subsection (c). 16 (2) The senior most member of Republican 17 leadership of the House of Representatives, in con- 18 sultation with relevant committee leaders of the 19 same party, shall appoint three members. 20 (3) The senior most member of Democratic 21 leadership of the House of Representatives, in con- 22 sultation with relevant committee leaders of the 23 same party, shall appoint three members. 24 (4) The senior most member of Republican 25 leadership of the Senate, in consultation with rel- 26 VerDate Sep 11 2014 03:14 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4223.IH H4223 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4223 IH evant committee leaders of the same party, shall ap- 1 point three members. 2 (5) The senior most member of Democratic 3 leadership of the Senate, in consultation with rel- 4 evant committee leaders of the same party, shall ap- 5 point three members. 6 (c) PRESIDENTIAL APPOINTEES.—To carry out para- 7 graph (1) of subsection (b), the senior most member of 8 leadership of the House of Representatives opposite the 9 Administration and the senior most member of leadership 10 of the Senate opposite the Administration shall each sub- 11 mit to the President a list of five individuals to serve on 12 the Commission, from which the President shall, in ac- 13 cordance with the consultation required under such para- 14 graph, appoint two Members from each such list. 15 (d) QUALIFICATIONS.— 16 (1) IN GENERAL.—Members of the Commission 17 shall have a demonstrated background in at least 18 one of the following: 19 (A) Computer science or a technical back- 20 ground in artificial intelligence. 21 (B) Civil society, including relating to the 22 Constitution, civil liberties, ethics, and the cre- 23 ative community. 24 (C) Industry and workforce. 25 VerDate Sep 11 2014 03:14 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4223.IH H4223 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4223 IH (D) Government, including national secu- 1 rity. 2 (2) LIMITATION.—None of the backgrounds 3 specified in paragraph (1) may constitute a majority 4 of Members of the Commission. 5 (e) TERMS.—Members shall be appointed for the life 6 of the Commission. A vacancy in the Commission shall not 7 affect its powers, and shall be filled in the same manner 8 as the original appointment was made. 9 (f) APPOINTMENTS.—Members of the Commission 10 shall be appointed not later than 45 days after the date 11 of the enactment of this Act. The Commission shall hold 12 its initial meeting on or before the date that is 60 days 13 after the date of the enactment of this Act. 14 (g) FOCUS.—The Commission shall— 15 (1) in general, conduct its work to ensure, 16 through its review and recommendations as de- 17 scribed in this subsection, that through regulation 18 the United States is mitigating the risks and pos- 19 sible harms of artificial intelligence, protecting the 20 United States leadership in artificial intelligence in- 21 novation and the opportunities such innovation may 22 bring, and ensuring that the United States takes a 23 leading role in establishing necessary, long-term 24 VerDate Sep 11 2014 03:14 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4223.IH H4223 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4223 IH guardrails to ensure that artificial intelligence is 1 aligned with values shared by all Americans; 2 (2) review the Federal Government’s current 3 approach to artificial intelligence oversight and regu- 4 lation, including— 5 (A) how such oversight and regulation is 6 distributed across agencies; 7 (B) the capacity of agencies to address 8 challenges relating to such oversight and regu- 9 lation; and 10 (C) alignment among agencies in their ap- 11 proaches to such oversight and regulation; 12 (3) recommend any governmental structures 13 that may be needed to oversee and regulate artificial 14 intelligence systems, including the feasibility of an 15 oversight structure that can oversee powerful artifi- 16 cial intelligence systems with a general purpose 17 through a careful, evidence-based approach; and 18 (4) build upon previous Federal efforts and 19 international best practices and efforts to develop a 20 binding risk-based approach to regulate and oversee 21 artificial intelligence applications through identifying 22 applications with unacceptable risks, high or limited 23 risks, and minimal risks. 24 (h) REPORTS.— 25 VerDate Sep 11 2014 03:14 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4223.IH H4223 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4223 IH (1) INTERIM REPORT.—Not later than six 1 months after the appointment of all Members to the 2 Commission, the Commission shall submit to Con- 3 gress and the President an interim report containing 4 its findings. The interim report shall include pro- 5 posals for any urgent regulatory or enforcement ac- 6 tions. 7 (2) FINAL REPORT.—Not later than six months 8 after the submission of the interim report under 9 paragraph (1), the Commission shall submit to Con- 10 gress and the President a final report containing its 11 findings and recommendations. The final report 12 shall constitute the Commission’s findings and rec- 13 ommendations for a comprehensive, binding regu- 14 latory framework. 15 (3) FOLLOW-UP REPORT.—Not later than one 16 year after the submission of the final report under 17 paragraph (2), the Commission shall submit to Con- 18 gress and the President a follow-up report con- 19 taining any new findings and revised recommenda- 20 tions. The follow-up report shall be reserved for nec- 21 essary adjustments to the final report and actions 22 pertaining to further developments since the final re- 23 port’s publication. 24 VerDate Sep 11 2014 03:14 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4223.IH H4223 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 4223 IH (i) STAFF.—The Commission shall appoint a staff di- 1 rector, as well as such other personnel as may be nec- 2 essary. Federal employees may be detailed to serve as 3 Commission staff while retaining the rights and status of 4 their regular employment. 5 (j) INFORMATION AND COOPERATION FROM FED- 6 ERAL AGENCIES.— 7 (1) IN GENERAL.—All Federal departments, 8 agencies, commissions, offices, and other entities 9 shall provide information, suggestions, estimates, 10 statistics, and other materials to the Commission 11 upon request, in accordance with applicable law. 12 (2) INABILITY TO OBTAIN DOCUMENTS OR TES- 13 TIMONY.—In the event the Commission is unable to 14 obtain testimony or documents needed to conduct its 15 work, the Commission shall notify the committees of 16 Congress of jurisdiction and appropriate investiga- 17 tive authorities. 18 (k) TERMINATION.—The Commission shall terminate 19 not later than 30 days after the submission of the follow- 20 up report under subsection (h)(3). 21 Æ VerDate Sep 11 2014 03:14 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H4223.IH H4223 kjohnson on DSK79L0C42PROD with BILLS