AI Security and Innovation Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9363 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9363

To amend the National Artificial Intelligence Initiative Act of 2020 to
   establish a center on artificial intelligence to ensure continued
 United States leadership in research, development, and evaluation of
        artificial intelligence systems, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2026

Mr. Obernolte (for himself, Mrs. Foushee, Mr. Babin, Mr. Mann, and Mr.
  Scott Franklin of Florida) introduced the following bill; which was
      referred to the Committee on Science, Space, and Technology

_______________________________________________________________________

                                 A BILL

To amend the National Artificial Intelligence Initiative Act of 2020 to
   establish a center on artificial intelligence to ensure continued
 United States leadership in research, development, and evaluation of
        artificial intelligence systems, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``AI Security and Innovation Act''.

SEC. 2. ARTIFICIAL INTELLIGENCE ADVANCEMENT AND RELIABILITY.

    (a) In General.--The National Artificial Intelligence Initiative
Act of 2020 (enacted as division E of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021; Public Law
116-283) is amended--
            (1) in section 5002 (15 U.S.C. 9401)--
                    (A) in paragraph (3)--
                            (i) in the heading, by striking
                        ``Artificial'' and inserting ``AI;
                        artificial'';
                            (ii) by striking ``term `artificial
                        intelligence' means'' and inserting ``terms
                        `AI' and `artificial intelligence' mean''; and
                            (iii) by adding at the end the following
                        new paragraphs:
            ``(4) Artificial intelligence model.--The term `artificial
        intelligence model' means a component of an artificial
        intelligence system that is--
                    ``(A) derived using mathematical, computational,
                statistical, or machine-learning techniques; and
                    ``(B) used as part of an artificial intelligence
                system to produce outputs or behaviors from a defined
                set of inputs.
            ``(5) Artificial intelligence system.--The term `artificial
        intelligence system' means a data system, software,
        application, hardware, tool, service, or utility that operates
        in whole or in part using artificial intelligence.'';
                    (B) by redesignating paragraphs (4), (5), (6), (7),
                (8), (9), (10), and (11) as paragraphs (6), (8), (9),
                (10), (11), (13), (14), and (15), respectively;
                    (C) by inserting after paragraph (6), as so
                redesignated, the following new paragraphs:
            ``(7) Foreign adversary.--The term `foreign adversary' has
        the meaning given the term `covered nation' in section
        4872(f)(2) of title 10, United States Code.''; and
                    (D) by inserting after paragraph (11), as so
                redesignated, the following new paragraph:
            ``(12) Intelligence community.--The term `intelligence
        community' has the meaning given such term in section 3(4) of
        the National Security Act of 1947 (50 U.S.C. 3003(4)).''; and
            (2) in title LIII (15 U.S.C. 9441 et seq.), by adding at
        the end the following new section:

``SEC. 5304. CENTER FOR AI SECURITY AND INNOVATION.

    ``(a) Establishment.--
            ``(1) In general.--Not later than 60 days after the date of
        the enactment of this section, the Secretary of Commerce,
        acting through the Under Secretary of Commerce for Standards
        and Innovation (in this section referred to as the `Secretary'
        and `Under Secretary', respectively), shall establish in the
        National Institute of Standards and Technology a center on
        artificial intelligence, to be known as the `Center for AI
        Security and Innovation' (in this section referred to as the
        `Center').
            ``(2) Activities.--The Center shall carry out the
        following:
                    ``(A) Measure risks related to artificial
                intelligence systems, including national security risks
                and economic security risks.
                    ``(B) Support the exchange of information between
                non-governmental entities and Federal departments and
                agencies to facilitate mitigation related to any such
                risks.
                    ``(C) Ensure continued leadership in the United
                States with respect to research, development, and
                evaluation of artificial intelligence systems.
            ``(3) Transfer study.--
                    ``(A) In general.--The Secretary may conduct a
                study, as the Secretary determines appropriate, that
                includes the following:
                            ``(i) An assessment of the feasibility, and
                        the advantages and disadvantages, of
                        transferring the Center to an agency of the
                        Department of Commerce, or establishing the
                        Center as an agency of the Department.
                            ``(ii) Recommendations for Congress related
                        to the following:
                                    ``(I) Any additional authority the
                                Center should have.
                                    ``(II) Amounts of funding for the
                                Center.
                    ``(B) Congressional review.--If the Secretary
                conducts the study under subparagraph (A), the
                Secretary shall, not later than 30 days after so
                conducting such study, submit to the Committee on
                Science, Space, and Technology of the House of
                Representatives and the Committee on Commerce, Science,
                and Transportation of the Senate such study for review.
    ``(b) Director.--
            ``(1) In general.--Not later than 3 months after the date
        of the enactment of this section, the Secretary, acting through
        the Under Secretary, shall appoint a director for the Center
        (referred to in this section as the `Director').
            ``(2) Experience.--The Secretary, acting through the Under
        Secretary, shall ensure the Director has the experience and is
        qualified to provide advice and leadership to carry out the
        duties under subsection (c).
    ``(c) Duties.--
            ``(1) In general.--The Director shall carry out the
        following:
                    ``(A) Evaluate and improve security measures with
                respect to artificial intelligence systems and seek to
                reduce any risk of misuse of such systems, including
                the evaluation and improvement of security measures
                that address threats relating to the following:
                            ``(i) Model serialization attacks.
                            ``(ii) Model tampering.
                            ``(iii) Data leakage.
                            ``(iv) Adversarial prompt injection.
                            ``(v) Model extraction.
                            ``(vi) Model jailbreaks.
                            ``(vii) Supply chain attacks.
                    ``(B) Establish a process for covered entities to
                enter into voluntary agreements with the Director to
                develop or evaluate, as appropriate, covered frontier
                systems to conduct classified and unclassified
                evaluations of risks that such systems may pose to
                national security or economic security, including with
                respect to risks related to cybersecurity or chemical,
                biological, radiological, or nuclear threats.
                    ``(C) Conduct evaluations and assessments with
                respect to the following:
                            ``(i) Covered frontier systems developed by
                        covered entities located in the following:
                                    ``(I) The United States.
                                    ``(II) A foreign adversary.
                            ``(ii) Any potential security
                        vulnerability, flaw, or malign foreign activity
                        that results from artificial intelligence
                        systems.
                            ``(iii) Any relevant artificial
                        intelligence system, as determined by the
                        Director.
                    ``(D) Support the laboratories of the National
                Institute of Standards and Technology in the
                development and voluntary adoption of standards,
                guidelines, and best practices relating to the
                following:
                            ``(i) The testing and evaluation of covered
                        frontier systems.
                            ``(ii) Measuring and improving the security
                        and reliability of artificial intelligence
                        systems, including in areas such as robustness,
                        interpretability of artificial intelligence,
                        security relating to data centers and hardware
                        security mechanisms.
                            ``(iii) Any other matter relating to a
                        covered frontier system, as determined
                        appropriate by the Director.
                    ``(E) Publish any such standards, guidelines, and
                best practices.
                    ``(F) Assess the following:
                            ``(i) Whether covered frontier systems are
                        developing or voluntarily adopting any such
                        standards, guidelines, or best practices.
                            ``(ii) Any barrier to such voluntary
                        adoption.
                    ``(G) Assess trends with respect to the development
                of artificial intelligence in the United States and in
                foreign adversaries, including through comparative
                assessments of how the capabilities of artificial
                intelligence systems in the U.S. and foreign
                adversaries differ with respect to key artificial
                intelligence capabilities milestones, as determined by
                the Director.
                    ``(H) Any other action the Director determines
                necessary to carry out the activities of the Center
                under subsection (a)(2).
            ``(2) Consultation.--
                    ``(A) In general.--In carrying out paragraph (1),
                the Director shall consult with the following:
                            ``(i) The Director of the Office of Science
                        and Technology Policy.
                            ``(ii) The Secretary of Energy.
                            ``(iii) The Secretary of Defense.
                            ``(iv) The Secretary of Homeland Security.
                            ``(v) Members of the intelligence
                        community.
                            ``(vi) The heads of any other relevant
                        Federal departments or agencies as the Director
                        determines appropriate.
                    ``(B) Standards, guidelines, and best practices.--
                Before the Director publishes any standards,
                guidelines, or best practices pursuant to paragraph
                (1)(E), the Director shall consult with developers of
                artificial intelligence.
            ``(3) Interagency participation.--The Director shall be
        included in any interagency process convened by the Executive
        Office of the President relating to artificial intelligence
        policy, and may submit assessments and recommendations directly
        to the National Security Council and the Office of Science and
        Technology Policy on matters within the scope of the duties
        described in paragraph (1).
            ``(4) Defining covered frontier system.--
                    ``(A) In general.--Not later than 180 days after
                the date of the enactment of this section, the Under
                Secretary, acting through the Director, shall publish,
                and update as the Director determines appropriate, a
                definition of the term `covered frontier system' that
                identifies what capabilities and requirements an
                artificial intelligence system shall have to be
                considered such a `covered frontier system'.
                    ``(B) Activities.--In carrying out subparagraph
                (A), the Under Secretary, acting through the Director,
                in consultation with relevant non-governmental entities
                (including developers of artificial intelligence),
                shall carry out a program of measurement research to
                understand and benchmark the capabilities and
                limitations of artificial intelligence systems over
                time.
            ``(5) Optional publication.--The Director may make any
        evaluation or assessment conducted under paragraph (1)(C)
        publicly available, as the Director determines appropriate.
    ``(d) Critical Technical Experts.--
            ``(1) In general.--The Secretary may appoint officers and
        employees for the Center as the Secretary determines necessary.
            ``(2) Hiring critical technical experts.--Notwithstanding
        section 3104 of title 5, United States Code, or the provisions
        of any other law relating to the appointment, number,
        classification, or compensation of employees, the Secretary
        shall have the authority to make appointments of scientific,
        engineering, and professional personnel, and to fix the basic
        pay of such personnel at a rate to be determined by the
        Secretary at rates not in excess of the highest total annual
        compensation payable at the rate determined under section 104
        of title 3, United States Code. The Secretary shall appoint not
        more than 15 personnel under this subsection.
    ``(e) Confidentiality of Records; Limitation.--Any information
shared with or provided to the Director by a covered entity or the
developer of a covered frontier system to carry out subsection (c)--
            ``(1) shall be exempt from disclosure under section
        552(b)(3) of title 5, United States Code; and
            ``(2) may not--
                    ``(A) be made public unless such covered entity or
                developer provides the Director consent for such
                information to be disclosed to the public; and
                    ``(B) be used by any Federal, State, local, or
                Tribal government to regulate an activity of such
                covered entity related to such information.
    ``(f) Avoiding Duplication.--In carrying out this section, the
Director shall take such actions as may be necessary to ensure no
unnecessary duplication with activities carried out pursuant to section
22A of the National Institute of Standards and Technology Act (15
U.S.C. 278h-1).
    ``(g) International Engagement.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Director may share information, collaborate, and participate in
        talent exchanges with a center or institute similar to the
        Center that is located in another country.
            ``(2) Exception.--Paragraph (1) does not apply with respect
        to a center or institute similar to the Center that is located
        in a foreign adversary.
    ``(h) Report.--For each fiscal year beginning with fiscal year
2027, not later than 90 days after the President submits a budget for
such fiscal year pursuant to section 1105 of title 31, United States
Code, the Secretary shall submit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
includes the following:
            ``(1) The budget of the Center for such fiscal year.
            ``(2) Information relating to the consultation required by
        subsection (c)(2).
            ``(3) A description of any goals, priorities, and metrics
        for guiding and evaluating any activities of the Center under
        subsection (a)(2).
            ``(4) An assessment of the following:
                    ``(A) The state of international competition
                relating to artificial intelligence, including a
                comparison between the capabilities of artificial
                intelligence systems developed by entities in the
                United States and foreign adversaries.
                    ``(B) Any talent or personnel gaps affecting the
                ability of the Director to carry out subsection (c),
                and any recommendations relating to the recruitment and
                retention of personnel through temporary rotational
                assignments of personnel from other Federal departments
                or agencies or non-governmental entities, fellowship
                programs, or any other means of utilizing specialized
                technical expertise from non-governmental entities.
                    ``(C) Any new or emerging capabilities that may
                impact the national or economic security of the United
                States that artificial intelligence systems currently
                possess or that the Director expects such systems to
                plausibly possess in the upcoming years, with a focus
                on any such capabilities that are most critical or
                relevant for the national security of the United
                States.
    ``(i) Prohibition on Regulations.--This section does not confer
upon the Director any regulatory, rulemaking, or enforcement authority.
    ``(j) Authorization of Appropriations.--There is to be authorized
to be appropriated to the Secretary to carry out this section
$20,000,000 for each of fiscal years 2027 through 2032.
    ``(k) Sunset.--This section shall terminate on the date that is 5
years after the date of the enactment of this section.
    ``(l) Rules of Construction.--Nothing in this section may be
construed to carry out any of the following:
            ``(1) Provide the Director, Secretary, or Under Secretary
        any enforcement authority that was not in effect on the day
        before the date of the enactment of this section.
            ``(2) Confer any regulatory authority to any Federal,
        State, local, or Tribal department or agency.
            ``(3) Modify any regulatory requirement to report or submit
        information to a Federal, State, local, or Tribal department or
        agency.
    ``(m) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means an
        entity or consortium of entities with a demonstrated ability to
        develop or evaluate, as the case may be, a covered frontier
        system.
            ``(2) Covered frontier system.--The term `covered frontier
        system' has the meaning determined by the Director pursuant to
        subsection (c)(4).''.
    (b) Clerical Amendment.--The tables of contents in section 2(b) and
title LIII of division E of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 are amended by inserting
after the items relating to section 5303 the following new item:

``Sec. 5304. Center for AI Standards and Innovation.''.
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