H.R. 9363

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

<DOC>

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.''.
<all>