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 Representatives of the United States of America in Congress assembled,SECTION 1. SHORT TITLE.


This Act may be cited as the “National AI Commission Act”.


SEC. 2. SENSE OF CONGRESS.


It is the sense of Congress that this Act shall not be intended to preclude any legislation Congress may deem necessary relating to Artificial Intelligence in the interim period before the reports of the Commission are released.SEC. 3. ARTIFICIAL INTELLIGENCE COMMISSION.


(a) Location.—There is established in the legislative branch an independent commission relating to artificial intelligence (AI), to be known as the “National AI Commission” (in this section referred to as the “Commission”).


(b) Composition.—The Commission shall be comprised of 20 commissioners, of whom 10 shall be appointed by each party to ensure bipartisanship. Members of the Commission shall elect two Members to serve as co-chairs. One co-chair shall be a Democratic appointee and one co-chair shall be a Republican appointee. Members shall be appointed as follows:


(1) The President, in consultation with relevant cabinet secretaries, shall appoint eight Members, four of whom shall be chosen from the lists described in subsection (c).


(2) The senior most member of Republican leadership of the House of Representatives, in consultation with relevant committee leaders of the same party, shall appoint three members.


(3) The senior most member of Democratic leadership of the House of Representatives, in consultation with relevant committee leaders of the same party, shall appoint three members.


(4) The senior most member of Republican leadership of the Senate, in consultation with relevant committee leaders of the same party, shall appoint three members.


(5) The senior most member of Democratic leadership of the Senate, in consultation with relevant committee leaders of the same party, shall appoint three members.


(c) Presidential Appointees.—To carry out paragraph (1) of subsection (b), the senior most member of leadership of the House of Representatives opposite the Administration and the senior most member of leadership of the Senate opposite the Administration shall each submit to the President a list of five individuals to serve on the Commission, from which the President shall, in accordance with the consultation required under such paragraph, appoint two Members from each such list.


(d) Qualifications.—


(1) IN GENERAL.—Members of the Commission shall have a demonstrated background in at least one of the following:


(A) Computer science or a technical background in artificial intelligence.


(B) Civil society, including relating to the Constitution, civil liberties, ethics, and the creative community.


(C) Industry and workforce.


(D) Government, including national security.


(2) LIMITATION.—None of the backgrounds specified in paragraph (1) may constitute a majority of Members of the Commission.


(e) Terms.—Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made.


(f) Appointments.—Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. The Commission shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act.


(g) Focus.—The Commission shall—


(1) in general, conduct its work to ensure, through its review and recommendations as described in this subsection, that through regulation the United States is mitigating the risks and possible harms of artificial intelligence, protecting the United States leadership in artificial intelligence innovation and the opportunities such innovation may bring, and ensuring that the United States takes a leading role in establishing necessary, long-term guardrails to ensure that artificial intelligence is aligned with values shared by all Americans;


(2) review the Federal Government’s current approach to artificial intelligence oversight and regulation, including—


(A) how such oversight and regulation is distributed across agencies;


(B) the capacity of agencies to address challenges relating to such oversight and regulation; and


(C) alignment among agencies in their approaches to such oversight and regulation;


(3) recommend any governmental structures that may be needed to oversee and regulate artificial intelligence systems, including the feasibility of an oversight structure that can oversee powerful artificial intelligence systems with a general purpose through a careful, evidence-based approach; and


(4) build upon previous Federal efforts and international best practices and efforts to develop a binding risk-based approach to regulate and oversee artificial intelligence applications through identifying applications with unacceptable risks, high or limited risks, and minimal risks.


(h) Reports.—


(1) INTERIM REPORT.—Not later than six months after the appointment of all Members to the Commission, the Commission shall submit to Congress and the President an interim report containing its findings. The interim report shall include proposals for any urgent regulatory or enforcement actions.


(2) FINAL REPORT.—Not later than six months after the submission of the interim report under paragraph (1), the Commission shall submit to Congress and the President a final report containing its findings and recommendations. The final report shall constitute the Commission’s findings and recommendations for a comprehensive, binding regulatory framework.


(3) FOLLOW-UP REPORT.—Not later than one year after the submission of the final report under paragraph (2), the Commission shall submit to Congress and the President a follow-up report containing any new findings and revised recommendations. The follow-up report shall be reserved for necessary adjustments to the final report and actions pertaining to further developments since the final report’s publication.


(i) Staff.—The Commission shall appoint a staff director, as well as such other personnel as may be necessary. Federal employees may be detailed to serve as Commission staff while retaining the rights and status of their regular employment.


(j) Information And Cooperation From Federal Agencies.—


(1) IN GENERAL.—All Federal departments, agencies, commissions, offices, and other entities shall provide information, suggestions, estimates, statistics, and other materials to the Commission upon request, in accordance with applicable law.


(2) INABILITY TO OBTAIN DOCUMENTS OR TESTIMONY.—In the event the Commission is unable to obtain testimony or documents needed to conduct its work, the Commission shall notify the committees of Congress of jurisdiction and appropriate investigative authorities.


(k) Termination.—The Commission shall terminate not later than 30 days after the submission of the follow-up report under subsection (h)(3).