15 U.S.C. § 9414 — National Artificial Intelligence Advisory

Page 2589 TITLE 15—COMMERCE AND TRADE § 9414 1 See References in Text note below. on Appropriations of the Senate a report that includes a summarized budget in support of the Initiative for such fiscal year and the preceding fiscal year, including a disaggregation of spend- ing and a description of any Institutes estab- lished under section 9431 of this title for the De- partment of Commerce, the Department of De- fense, the Department of Energy, the Depart- ment of Agriculture, the Department of Health and Human Services, and the National Science Foundation. (Pub. L. 116–283, div. E, title LI, § 5103, Jan. 1, 2021, 134 Stat. 4526.) § 9414. National Artificial Intelligence Advisory Committee (a) In general The Secretary of Commerce shall, in consulta- tion with the Director of the Office of Science and Technology Policy, the Secretary of De- fense, the Secretary of Energy, the Secretary of State, the Attorney General, and the Director of National Intelligence establish an advisory com- mittee to be known as the ‘‘National Artificial Intelligence Advisory Committee’’. (b) Qualifications The Advisory Committee shall consist of members, appointed by the Secretary of Com- merce, who are representing broad and inter- disciplinary expertise and perspectives, includ- ing from academic institutions, companies across diverse sectors, nonprofit and civil soci- ety entities, including civil rights and disability rights organizations, and Federal laboratories, who are representing geographic diversity, and who are qualified to provide advice and informa- tion on science and technology research, devel- opment, ethics, standards, education, tech- nology transfer, commercial application, secu- rity, and economic competitiveness related to artificial intelligence. (c) Membership consideration In selecting the members of the Advisory Committee, the Secretary of Commerce shall seek and give consideration to recommendations from Congress, industry, nonprofit organiza- tions, the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, and academic institutions), the defense and law enforcement communities, and other appro- priate organizations. (d) Duties The Advisory Committee shall advise the President and the Initiative Office on matters related to the Initiative, including recommenda- tions related to— (1) the current state of United States com- petitiveness and leadership in artificial intel- ligence, including the scope and scale of United States investments in artificial intel- ligence research and development in the inter- national context; (2) the progress made in implementing the Initiative, including a review of the degree to which the Initiative has achieved the goals ac- cording to the metrics established by the Interagency Committee under section 9413(d)(2) of this title; (3) the state of the science around artificial intelligence, including progress toward artifi- cial general intelligence; (4) issues related to artificial intelligence and the United States workforce, including matters relating to the potential for using ar- tificial intelligence for workforce training, the possible consequences of technological dis- placement, and supporting workforce training opportunities for occupations that lead to eco- nomic self-sufficiency for individuals with bar- riers to employment and historically under- represented populations, including minorities, Indians (as defined in 25 U.S.C. 5304 1 ), low-in- come populations, and persons with disabil- ities. (5) how to leverage the resources of the ini- tiative to streamline and enhance operations in various areas of government operations, in- cluding health care, cybersecurity, infrastruc- ture, and disaster recovery; (6) the need to update the Initiative; (7) the balance of activities and funding across the Initiative; (8) whether the strategic plan developed or updated by the Interagency Committee estab- lished under section 9413(d)(2) of this title is helping to maintain United States leadership in artificial intelligence; (9) the management, coordination, and ac- tivities of the Initiative; (10) whether ethical, legal, safety, security, and other appropriate societal issues are ade- quately addressed by the Initiative; (11) opportunities for international coopera- tion with strategic allies on artificial intel- ligence research activities, standards develop- ment, and the compatibility of international regulations; (12) accountability and legal rights, includ- ing matters relating to oversight of artificial intelligence systems using regulatory and nonregulatory approaches, the responsibility for any violations of existing laws by an artifi- cial intelligence system, and ways to balance advancing innovation while protecting indi- vidual rights; and (13) how artificial intelligence can enhance opportunities for diverse geographic regions of the United States, including urban, Tribal, and rural communities. (e) Subcommittee on artificial intelligence and law enforcement (1) Establishment The chairperson of the Advisory Committee shall establish a subcommittee on matters re- lating to the development of artificial intel- ligence relating to law enforcement matters. (2) Advice The subcommittee shall provide advice to the President on matters relating to the devel- opment of artificial intelligence relating to law enforcement, including advice on the fol- lowing: (A) Bias, including whether the use of fa- cial recognition by government authorities, including law enforcement agencies, is tak- Page 2590 TITLE 15—COMMERCE AND TRADE § 9415 ing into account ethical considerations and addressing whether such use should be sub- ject to additional oversight, controls, and limitations. (B) Security of data, including law en- forcement’s access to data and the security parameters for that data. (C) Adoptability, including methods to allow the United States Government and in- dustry to take advantage of artificial intel- ligence systems for security or law enforce- ment purposes while at the same time ensur- ing the potential abuse of such technologies is sufficiently mitigated. (D) Legal standards, including those de- signed to ensure the use of artificial intel- ligence systems are consistent with the pri- vacy rights, civil rights and civil liberties, and disability rights issues raised by the use of these technologies. (f) Reports Not later than 1 year after January 1, 2021, and not less frequently than once every 3 years thereafter, the Advisory Committee shall sub- mit to the President, the Committee on Science, Space, and Technology, the Committee on En- ergy and Commerce, the House Permanent Se- lect Committee on Intelligence, the Committee on the Judiciary, and the Committee on Armed Services of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Senate Select Committee on Intelligence, the Committee on Homeland Se- curity and Governmental Affairs, the Com- mittee on the Judiciary, and the Committee on Armed Services of the Senate, a report on the Advisory Committee’s findings and rec- ommendations under subsection (d) and sub- section (e). (g) Travel expenses of non-Federal members Non-Federal members of the Advisory Com- mittee, while attending meetings of the Advi- sory Committee or while otherwise serving at the request of the head of the Advisory Com- mittee away from their homes or regular places of business, may be allowed travel expenses, in- cluding per diem in lieu of subsistence, as au- thorized by section 5703 of title 5 for individuals in the Government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Advisory Committee who are of- ficers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with existing law. (h) FACA exemption The Secretary of Commerce shall charter the Advisory Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.),1 except that the Advisory Committee shall be exempt from section 14 of such Act. (Pub. L. 116–283, div. E, title LI, § 5104, Jan. 1, 2021, 134 Stat. 4528.) Editorial Notes REFERENCES IN TEXT 25 U.S.C. 5304, referred to in subsec. (d)(4), was so in the original, but probably should have been a reference to section 4 of the Indian Self-Determination and Edu- cation Assistance Act, Pub. L. 93–638, which is classi- fied to section 5304 of Title 25, Indians. The Federal Advisory Committee Act, referred to in subsec. (h), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. Section 14 of the Act was repealed and restated as section 1013 of Title 5. For disposition of sections of the Act into chapter 10 of Title 5, see Dis- position Table preceding section 101 of Title 5. § 9415. National AI Research Resource Task Force (a) Establishment of Task Force (1) Establishment (A) In general The Director of the National Science Foundation, in coordination with the Office of Science and Technology Policy, shall es- tablish a task force— (i) to investigate the feasibility and ad- visability of establishing and sustaining a National Artificial Intelligence Research Resource; and (ii) to propose a roadmap detailing how such resource should be established and sustained. (B) Designation The task force established by subpara- graph (A) shall be known as the ‘‘National Artificial Intelligence Research Resource Task Force’’ (in this section referred to as the ‘‘Task Force’’). (2) Membership (A) Composition The Task Force shall be composed of 12 members selected by the co-chairpersons of the Task Force from among technical ex- perts in artificial intelligence or related sub- jects, of whom— (i) 4 shall be representatives from the Interagency Committee established in sec- tion 9413 of this title, including the co- chairpersons of the Task Force; (ii) 4 shall be representatives from insti- tutions of higher education; and (iii) 4 shall be representatives from pri- vate organizations. (B) Appointment Not later than 120 days after enactment of this Act, the co-chairpersons of the Task Force shall appoint members to the Task Force pursuant to subparagraph (A). (C) Term of appointment Members of the Task Force shall be ap- pointed for the life of the Task Force. (D) Vacancy Any vacancy occurring in the membership of the Task Force shall be filled in the same manner in which the original appointment was made. (E) Co-chairpersons The Director of the Office of Science and Technology Policy and the Director of the